**Document:** DEC Officer Report
**Application:** 18/00810/C — Additional use of part of school grounds for parking of up to 3 minibuses (retrospective)
**Decision:** Permitted
**Decision Date:** 2019-07-03
**Parish:** Marown
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/29473-marown-marown-primary-school/documents/1045831

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# DEC Officer Report

**Application No.:** 18/00810/C
**Applicant:** Department Of Infrastructure
**Proposal:** Additional use of part of school grounds for parking of up to 3 minibuses (retrospective)
**Site Address:** Marown Primary School Glen Darragh Road Glen Vine Isle of Man IM4 4RD
**Planning Officer:** Miss Lucy Kinrade
**Photo Taken:** 27.11.2018
**Site Visit:** 27.11.2018
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 01.07.2019 _________________________________________________________________

## Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. The proposed additional use of the site for the parking of minibuses, hereby approved, shall be restricted to within the hatched areas shown on the submitted Site Plan date-stamped and received 26/04/2019. This area shall be restricted to a maximum of 3 minibuses parked on the site at any one time.

Reason: To ensure that there is no further loss of parking for the wider use of the site as a school.

### Plans/Drawings/Information:

This approval relates to site plan date stamped and received 26/4/19, and 2 x site photographs and supporting statement date stamped and received 02/08/2019.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:

- o The Isle of Man Constabulary on behalf of the Department of Home Affairs.

It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject

matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

- o 4 Keeil Pharick Park, Glen Vine - as they have not explained how the development would impact the lawful use of land owned or occupied by them as a result of the development in accordance with paragraph 2A and 2D of the Policy and they are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy. _____________________________________________________________________________

### Officer’s Report

1.0 THE SITE - 1.1 The site specific to this application forms part of the parking area within the grounds of Marown School. The parking is split into two areas, with visitor and pick up and drop off parking nearest to the main road and staff parking along the side and towards the rear of the site. The site has recently undertaken a car park extension at the rear approved under PA 16/00792/B increasing the total parking by a further 8 spaces to around 40 car parking spaces. The area nearest to the main road and along the proposed site is predominantly used by visitors and for dropping off and picking up of school children.

2.0 THE PROPOSAL - 2.1 The current application seeks approval for the additional use of the car park for the parking of up to three minibuses at any one time. - 2.2 Included within the application is a statement from the Department of Infrastructure (DoI) which states that the minibuses form part of 'bus vannin' although are operated separately to the big bus section. In total the minibus section operated 33 vehicles ranging between 9 - 16 seats. These minibuses offer services to DESC, DHSC for the transport of school children and students to various sites across the Island, along with adult and elderly patient transfers, the minibuses also provide a commercial service to the Sea Terminal and a demand service to the North. The vehicles are generally out all day but there may be some days when they are not required and could be parked all day. There will be no requirement to wash, maintain or refuel the vehicles at the site. - 2.3 The supporting information provided by the applicant also states that the site has been used since mid-2017. - 2.4 Following discussions with the applicant it was sought that a revised plan be provided to include the extension to the existing school parking area which was approved under PA 16/00792/B and which has been completed and is in full use. This drawing was submitted and recirculated for 21 days for comment.

3.0 PLANNING HISTORY - 3.1 There have been a number of similar applications submitted for the additional use of sites across the Island for the parking of DOI minibuses, those considered materially relevant to this application are:

- o PA 18/00813/C - parking of two minibuses at Foxdale School
- o PA 18/00811/C - parking of two minibuses at Kirk Michael School
- o PA 18/00815/C - parking of four minibuses at Braddan School

4.0 PLANNING POLICY - 4.1 The application site is designated on the 1982 Development Plan as being within an 'area of high landscape or coastal value and scenic significance' (AHLV). Although the land has no specific land use designation, it has long been established for school use. In the case of this

- application the minibuses are not for sole use by the school, but they are to be located within the existing area of car parking. There are no specific policies in the Strategic Plan that relate to the current proposal, therefore it is perhaps most appropriate to consider the general standards towards development as set out in General Policy 2, and given the AHLV designation we must also have regard to Environment Policy 2.
- 4.2 General Policy 2:

"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:

- 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;

- 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; k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;

- 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."

4.3 Environment Policy 2:

"The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:

- (a) the development would not harm the character and quality of the landscape; or
- (b) the location for the development is essential.

5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. - 5.1 Marown Parish Commissioners - no objection to the proposal in principle, however there is no indication that DESC or the Head Teacher has consented to this additional use and they would like to see this assurance (dated 17/08/ 2018). Following the circulation of the revised site plan drawing the Commissioners confirmed that they had no further comments (21/06/2019). - 5.2 DoI Highway Services - Do Not Oppose (08/09/2018) - The minibuses would not be maintained, cleaned or refuelled on the site and the proposal would not change the existing access arrangements with Glen Darragh Road. There should be sufficient room on the site to accommodate 3 parked minibuses so the proposal should not create any new highway issues. - 5.3 The Police Crime Reduction & Architectural Liaison Officer provided comments on the application dated 20/08/2018 and 20/11/2018, initially the comments raised concern with

- regards to the increased likelihood of criminal damage and theft of fuel as a result of these expensive vehicles being parked out of hours and during darkness. While the school has some CCTV this is directed to the building and not the car park. The officer suggests that larger town centre car parks with bespoke CCTV should be used. Subsequent comments received from the officer stated that the concerns had been discussed with the DOI and that these risks had been taken into account in their business risk and the rational for the vehicles being sites at government owned locations and that security specs would be explored. The officer indicates that their immediate concerns had been satisfied.
- 5.4 The owners of No. 4 Keeil Pharick Park, Glen Vine provided comments on the application stating that they were a grandparent and attend regularly the school to pick their children up. The state that the existing parking facilities at the school are inadequate and there are long queues for pick up and drop off and use by non-school users would further compromise this situation. It is suggested that time restrictions be added by conditions to ensure parking is outside of school hours. They question if this was a private company whether such a use would be considered acceptable (03/12/18)

6.0 ASSESSMENT - 6.1 The proposal is for the additional use of part of the Marown School car park for the parking of up to three minibuses. The fundamental issues to consider in the assessment of the application are (i) whether or not the principle is acceptable particularly in terms of the impact on the day to day operations of the school, (ii) whether there would be any visual impact on the streetscene or wider AHLV, (iii) whether there would be any highway safety issues and (iv) whether or not there would be any community or safety concerns as a result of the vehicles being parked overnight.

- (i) PRINCIPLE

6.2 The minibuses are intended to serve a range of purposes and are not specifically for use by the school, although will provide services to The Department of Education, Sport and Culture (DESC), which operates the Island's schools and the University College Isle of Man and The Department of Health and Social Care (DHSC) which includes healthcare as well as social services for adults and for children and families. Alongside this the minibuses will also provide an on demand commercial service to the general public and ports services. The minibuses are to be located at various sites across the Island and within close proximity to the route which they will likely serve and in reasonable distance from their driver's home. This operation is likely to reduce the need for long journeys (both staff and vehicles) and expected to help create a more sustainable and energy efficient process. - 6.3 The existing school car park provides space for staff and the parking area to the front for visitors or a pick up and drop off location for parents and ultimately facilitating the primary use of the site. The demand and use of the car park varies throughout the year and is reflective of the day to day demands of the school. The proposal must not adversely affect or jeopardise this primary use. - 6.4 During the site visit there were no minibuses parked on the site and there were several car parking spaces unoccupied. The matters of the application were discussed with the Headteacher and it was reiterated that the current proposal was for up to three minibuses. The Headteacher explained that normally there would only be one or two minibuses at the site and that these were usually gone by the time the staff and children arrived in the morning and that they didn't arrive back until after the school pick up or once the staff had left and that generally the drivers of these buses would walk to the site. To date the Headteacher stated that there had been only one issue which was directed to the DOI and resolved the same day. - 6.5 The overnight parking and parking of minibuses outside of school term time is of no issue and generally the buses are to be off site during core school hours. The original plans submitted for the application failed to recognise the extension approved under PA 16/00792/B,

- a revised drawing was submitted accordingly. The largest minibus expected at the site is 7.3m long, the parking area alongside the school fencing towards the front of the site is sufficient to accommodate 2 vehicles one in front of the other without compromise to other vehicles manoeuvring through the site. The 7.3m length may overhang the average car parking space, this would not necessarily render any other spaces unusable but drivers may need to carry out increase manoeuvres into and out of spaces.
- 6.6 The minibuses are to operate their services during the day, therefore it's unlikely that all 3 minibuses will be on site during core school hours or during the pick-up and drop of times of children. In any such case it would be in the applicants best interest to ensure that no issues arise as a result of the proposal which could see the land owner (DESC) revoking their use, and nonetheless it appears that the Headteacher is already in communication with the DOI regarding the matter.
- 6.7 While not strictly in accordance with the established school use of the land, on balance it is considered that the additional parking of 3 minibuses within the existing car park would in principle be acceptable.

- (ii) VISUAL IMPACT

6.8 The existing area is already established and utilised as a car park where there is a general level of acceptability for the parking of vehicles. The proposed minibuses are larger than the average motor car and will undoubtedly be more noticeably within the site from the road, their parking here is not expected to result in such an adverse visual impact as to warrant a concern or refusal. The site is within a designated AHLV, however the immediate area is made up of a significant amount of built development. The parking of three additional vehicles is not expected to compromise the existing context or bring harm to the wider AHLV.

- (iii) HIGHWAY SAFETY

6.9 The proposal does not result in any changes to the existing access arrangements and while traffic coming into and out of the site may marginally increase this is not expected to result in any detriment or adverse impacts on traffic flows or highway safety and in this respect the proposal is considered to be acceptable.

- (iv) COMMUNITY SAFETY

6.10 A representative from the Police initially highlighted concern for the vehicles being left unattended overnight and being susceptible to criminal damage or theft. Subsequent comments indicate that discussion had been undertaken between the Police and DOI stating that this element of risk had been taken into consideration and that security would be explored by the DOI. The parking area is not controlled and access can be achieved at all times, the parking of the minibuses is not expected to cause any community safety issues, and that minibuses parked here would be done so at the applicants own risk.

7.0 CONCLUSION - 7.1 The number of minibuses included in the description is a maximum that can be parked on the site at any given time and not necessarily the expected number of vehicles at all times. On balance the proposed additional use is considered to be acceptable and not to cause such an unacceptable level of harm to the established school use of the site as to warrant a refusal, and in any case it would be in the applicants best interest to ensure no problems arise as the land owner could cease their use at any time which would be a civil matter between the two parties. Visually the proposal is not so far removed from the current car park use and the existing landscaping helps to soften the appearance from the public highway. No highway safety issues are expected as a result of the proposal and the parking of the vehicles here overnight would be at the applicants own risk. - 7.2 For the above reasons and as set out in 6.0 of this report the proposal is considered to accord with Environment Policy 2 and General Policy 2 and recommended for approval.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:

- (a) The applicant, or if there is one, the applicant's agent;
- (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
- (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
- (d) Highway Services Division of Department of Infrastructure and
- (e) The local authority in whose district the land the subject of the application is situated.

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 in Article 6(4) who should be given Interested Person Status.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 01.07.2019 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

## Customer note

## This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

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