14 November 2008 · Delegated - Acting Senior Planning Officer
Public Open Space, Church Close, Lonan, Laxey, Isle Of Man, IM4 7jy
The proposal involved installing several pieces of playground equipment, including swings, a seesaw, rocking units, a stork's nest swing, motorcycle rocker, polka carousel, and an activity tower up to 4.3m high, concentrated in the eastern end of a village green within a residential estate of 18 detached houses.
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The officer noted the site is designated Public Open Space ('village green') within a residential estate on Proposed Residential land per Laxey & Lonan Area Plan 2005, suitable for formal play facilit…
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to the installation of playground equipment as proposed in the submitted documents and drawings 038/001 all received on 3rd September 2008.
Landscaping scheme
No development shall take place until full details of a landscaping scheme shall have been submitted to and be approved in writing by the Planning Authority and these works shall be carried out as approved. All planting shall be carried out in accordance with the approved details in the next available planting and seeding seasons. Any tree or shrub which within a period of 5 years from the completion of the landscaping works, is removed, or becomes seriously damaged or diseased shall be replaced in the next planting season with another similar size and species, unless the planning authority gives written consent to any variation.
no objection
no objection subject to sewer protection
applicant
no objection/supporting statements in appeal defence
Lonan Parish Commissioners' application 08/01717/B for playground equipment on public open space in a residential area was initially permitted by the Planning Authority. Appellant Mr R Ebbutt and neighbours objected on grounds of privacy loss, increased disturbance, youth congregation, and parking issues. The applicant argued the equipment was modest, appropriately distanced from properties, and compliant with open space policies. The inspector found no major issues with disturbance or traffic but concluded the Activity Tower posed a severe privacy risk to No 9 Church View without sufficient survey information on levels to assess overlooking, rendering the application defective. The Minister accepted the inspector's recommendation to allow the appeal and refuse permission on 19 May 2009.
Precedent Value
Demonstrates that even modest public play equipment near homes requires full technical information (e.g. levels surveys) to assess privacy; appeals can succeed by proving application defects under validation rules, overriding in-principle support.
Inspector: David Ward
