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The application site comprises part of the southern corner of the playing fields to Willaston Primary School. To the south and west of the School is the public highway of School Road. On the opposite side School road, adjacent to the application site, are the residential properties of No’s 22 and 24 School Road. To the south east of the school are the residential properties of No’s 25 - 43 School Road (Odd) (inclusive). The site is zoned as an area of buildings for civic, cultural and other special use (Primary School) in the Douglas Local Plan 1998.
The application is seeking planning permission to erect a sculpture with the school grounds. The maximum height of the sculpture will be 9m. The diameter of the base will be 7m; while the total width of the sculpture will be 14m. The sculpture will be fabricated in steel with lime render.
Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 2.
There have been a number of planning applications relating to the school; however, none are considered relevant in the consideration of this application
Douglas Corporation has not objected to the application.
The principal issues in assessing this application are visual amenity and public safety. The following paragraphs deal with these issues in the above order.
It is not in dispute that this will be a large and prominent feature. That is the intention, but the intention of the applicant and pupils of Willaston Primary School is not an issue as far as planning permission is concerned. The case should be decided on its planning merits, not by resorting to 'utilitarianism', in the sense of the greatest good to the greatest number. It is necessary to consider the relationship between the sculpture and its setting. In this case the sculpture will not be in harmony with its surroundings, but then it is not intended to be in harmony with them. The contrast is deliberate and, in this sense, the work is quite specific to its setting. As a 'work of art' the sculpture would be 'read' quite differently in, say, an art gallery or on another site. An incongruous object can become accepted as a landmark after a time, becoming well known, even well loved in the process. The concept for a piece of public art would appear to be acceptable. The question of whether you like or dislike the proposed sculpture in terms of it design is another matter and is subjective.
The key question here is whether the sculpture is appropriate for its setting, in terms of its size and siting. The sculpture will be 9 metres in height, which is comparable to a three storey building, and will be 14 m in width. The general character of the surrounding area is characterised by 2 storey dwellings and single storey school buildings. The School Road boundary of Willaston Primary School is very open in character with no landscaping features to obscure the proposed sculpture, which will result in a highly prominent structure within the street scene. This is the intention of the applicant so as to make the sculpture a focal point within the community. The sculpture does not respect its setting and will be out of scale with the surrounding buildings. The proposal will cause demonstrable harm to the visual amenities of the locality.
It should be noted that the applicant has indicated verbally that this proposal is not the final design. The applicant has indicated that artwork evolves over time and therefore the finished sculpture may be different to that being proposed.
In respect of public safety, he applicant has included an email from the Senior Health and Safety Inspector which states that the "sculpture is not an item of play equipment it will need to satisfy the planners and building control regarding the safety of the structure, so that it does not pose a risk from reasonably foreseeable circumstances. Apart from severe weather conditions it will be safe if persons attempt to climb, although the dimensions are such that they are unlikely to succeed?" The application contains no safety assessment; however, the safety of the sculpture would be dealt with under separate legislation.
It is recommended that planning permission be refused for the above reasons.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
In summary, it is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded interested party status:
Douglas Corporation 15 April 2008 08/00327/B
Recommended Decision: Refused
Date of Recommendation: 15.04.2008
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal 0 : Notes attached to refusals
R 1 . The proposed sculpture would be contrary to General Policy 2 of the Isle of Man Strategic Plan 2007 by reason of its size and siting would introduce a prominent and incongruous structure which is out of scale with the surrounding buildings and will be detrimental to the visual amenities of the locality.
Decision Made : Committee Meeting Date :
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