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
Multiple local residents strongly object to the playground installation due to concerns over noise, privacy, parking, traffic, and site suitability, while statutory consultees Manx Electricity Authority and Drainage Division raise no objections subject to standard utility protections.
Key concern: Public sewerage crosses the site requiring identification and protection
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application. Please contact our Network Operations Department... to discuss working practices around Cables and Overhead Lines
Conditions requested: Applicant must contact Network Operations Department (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may be required to be diverted; Contact M.E.A. for Electrical Site Safety documents (Tel. 687766) before work commences; All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6
Drainage Division, Department of Transport
Conditional No ObjectionPublic sewerage crosses this site. The line of the sewers must be identified before development work commences and fully protected whilst all building works are being carried out.
Conditions requested: The line of the sewer(s) must be identified before development work commences; The sewer(s) must be fully protected whilst all building works are being carried out; No part of the proposed development may be constructed, nor any trees planted, within three metres of any public sewer either at the time of construction or at any time in the future
Drainage Division, Department of Transport
Conditional No ObjectionNo Objection, subject to;- Public sewerage crosses this site. The line of the sewers must be identified before development work commences and fully protected whilst all building works are being carried out.
Conditions requested: The line of the sewers must be identified before development work commences and fully protected whilst all building works are being carried out; The applicant is required to contact the Drainage Division in order to discuss the required protection
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
