DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00010/B Applicant: DoESC Proposal: Creation of a new play area Site Address: Victoria Road School School Lane Victoria Road Castletown IM9 1BA Senior Planning Officer: Mr Jason Singleton Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 20.02.2023

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

This application has been recommended for approval for the following reason.

The proposal would comply with the General Policy 2 and Recreational Policy 4 of The Isle of Man Strategic Plan and the land use designation as identified in the Area Plan for the South and for the reasons set out in this report, having no significant impacts upon public or private amenities.

Plans/Drawings/Information; This decision relates to drawings submitted on 12 January 2023, referenced, 494-01 & 494-02. _______________________________________________________________

Interested Person Status

Additional Persons

It is recommended that the following should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings:

5 Pickard Close, Castletown

as they have explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is within the curtilage of Victoria Road Primary School, School Lane, Castletown. The part of the site subject to this application is to the south east corner of the school grounds on a grassy field that boarders the rear of those properties of Pickard Close (No's 5,6,7,8) and those properties that back onto the site which front onto Douglas Street (No's 14,15,16,17,18,19). The site can also be accessed from the highway to the east. - 1.2 The site is currently used as a sports / exercise field in conjunction with the school.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the installation of seven grassy mounds for play area. The features are for use by the school children of the school to play on and would cover and overall footprint (at its extremes) of approx. 47m x 55m. - 2.2 THE drawings indicate 11 items with the dedicated play area that would encompass; chill out zone; mounds and trench; path track; existing climbing nest; wooden boats; picnic tables; mini hills and amphitheatre seating; sand pit; cable wheel tables; play storage bin; Aframe and loose part play. - 2.3 The agents notes; "Mounds sub structure will be formed with clay soil the sub soil compacted in layers 6-10" the 6" of top soil then turfed. Clay soil - JCK Top soil - JCK Some subsoil/spoil from the excavation of pathways".

3.0 PLANNING HISTORY - 3.1 10/00702/B - Alterations, erection of extension to provide Sports / Multipurpose Hall with associated changing facilities, community room, classrooms & kitchen facilities and incorporation of permanent nursery provision, creation of parking and new access. Approved.

4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site is designated as "Buildings or Land for Civic, Cultural or Other Use - Primary School" under the Area Plan for the South. The site is not within a Conservation Area or susceptible to flood risk. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 which was adopted by Tynwald and forms Government Policy contains a number of policies considered specifically material to the assessment of this current planning application: - 4.3 General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;

• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

4.4 Recreation Policy 4 states: "Open Space must be provided on site or conveniently close to the development which it is intended to serve, and should be easily accessible by foot and public transport." - 4.5 Paragraph A.6.3.1 of the IOMSP states: "It has been argued that access to large gardens and transport reduces the importance of the children's playing space standard in certain areas. Gardens of private dwellings need to be of a sufficient size to accommodate the day to day needs of very young children; however, as children grow older, the role of the private garden, irrespective of its size becomes less important as play space. Children need access to play areas, where they can meet others of their own age and learn the important art of socialisation, which private gardens do not facilitate. Private gardens perform a multitude of other functions and are specifically excluded from the standard."

5.0 REPRESENTATIONS - 5.1 Highway Services comment they have no highway interest (26.01.23). - 5.2 Castletown commissioners had not commented at the time of writing. - 5.3 A resident of 5 Pickard close commented (03/02/23) comments on the; past experiences during the previous build at the school; current condition of the field and being an eye sore, some anti-social behaviour at the school involving police and damage to buildings, concerns on the levels of noise from the layout and equipment for play; outdoor play is weather dependant and hopes the proposal is successful and not "a five minute wonder".

6.0 ASSESSMENT - 6.1 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application; (a) principle of development; (b) potential impact upon neighbouring amenities; (c) potential impact upon the visual amenities of the area; and (d) potential impact upon highway safety. Principle of development - 6.2 The land is designated as a primary school and includes the playing fields associated with the school. The proposal would provide a natural play equipment for school children of the site. This principle of the works raise non concerns. Potential impact upon neighbouring amenities - 6.3 The area current is a playing field for children and this feature will not change the amount of children or use of the site. It is not considered the proposal will have any significant impact over above the impacts of the existing situation of children playing. Potential impact upon the visual amenities of the area;

6.4 The mounds will not be especially apparent when read against the existing grassed playing field and the large grass banks to the boundaries of the site. The proposal will not have any visual impact into and out of the streetscene. Potential impact upon highway safety - 6.5 Highway Services have considered the scheme and have no objection. The main use of the mounds will be during school hours. They are unlikely to generate a large number of children outside these times.

7.0 CONCLUSION - 7.1 Overall, it is considered that the proposal would comply with the relevant planning policies of The Isle of Man Strategic Plan and the Area Plan for the south and for the reasons set out in this report; having no significant impacts upon public or private amenities. Accordingly, it is recommended that the application be approved.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date: 27.02.2023 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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