**Document:** Planning Officer Report **Application:** 12/00406/C — Change of use of ground floor from residential to a Nursery **Decision:** Permitted **Decision Date:** 2012-05-11 **Parish:** Rushen **Document Type:** report / officer_report **Source:** https://planningportal.im/a/2541-rushen-regent-house-change-of-use/documents/1268691 --- # Planning Officer Report ### Officer's Report [Table omitted in markdown export] #### Introduction 1. This application seeks approval for the change of use of a building from a dwellinghouse and guest house to a nursery and dwellinghouse. The application is considered to be acceptable and is in accordance with the relevant policies of the Isle of Man Strategic Plan. #### The Site 2. The application site is the curtilage of Regent House, The Promenade, Port Erin which is a four storey mid terrace property situated to the eastern side of the highway. The building was once used as a guest house but at present is used as a single dwelling house. 3. To the southern side of the dwelling house the application site adjoins a building which is used as holiday apartments. To the northern side adjoining the application site is a building used as flats. 4. To the front of the property is The Promenade and beyond that there is an area of green open space before reaching the lower promenade. 5. There is no parking within the curtilage of the dwelling house but there is unrestricted parking available on the Promenade. There is a small yard area to the rear of the property. #### The Proposal 6. The application seeks approval for the change of use of the ground floor of the dwelling house to a nursery; the remaining floors would remain in use as a dwelling. The entrance at the front of the property would provide access to both the nursery and the residential accommodation. 7. The applicant has advised that the floor area would allow for a maximum of 22 children, but at first the nursery would not exceed 14 children. The nursery hours are not yet finalised, but they would initially be offering parents set pre-school session from 9am until 1.30pm with an option of staying until 3pm. The nursery will be open term time only but if there is demand they will open for an additional two weeks during the summer holidays. 8. The applicant and another qualified child minder will be the only two staff. ## Planning History 9. The previous applications are not considered specifically material in the assessment of the current application. ## Development Plan Policies 10. The application site is in an area zoned as "Tourism and Recreation" identified on the Port Erin Local Plan 1990. On the Modified Draft Area Plan for the South the application site is in an area zoned as "Predominantly Residential". Whilst the building would be used for both residential and nursery accommodation, it would still be appropriate to consider General Policy 2 of the Isle of Man Strategic Plan (20th June 2007) in order to consider the impacts on the amenities of local residents. 11. 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: 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 the 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; n) Is designed having due regard to best practice in reducing energy consumption. ## Consultations 12. Highways Division recommend approval as it has no adverse traffic management, parking or road safety implications. Note: Parking at this location is not a problem during the opening hours of the proposed business. 13. Port Erin Commissioners recommend that the application be approved. ## Assessment 14. The application is for the change of use of the ground floor of the building to a children's nursery with the remaining upper floors used as a residential accommodation. The main issues to consider in the application are the impact to the amenities of local residents, the available amenity space and the impact to parking and highways safety. 15. The applicant has advised that the proposed nursery would be able to accommodate a maximum of 22 children within the premises. The applicant has also advised that at first the nursery would only accommodate 14 children with 2 members of staff. If the applicant were wishing to accommodate more children they would require additional space and would therefore require a further application. By conditioning the maximum number to 22 children this would be in line with the Department of Social Care's standards. At present there are two toilets situated on the ground floor, the requirement is one toilet and wash hand basin to 8 children, therefore if they were to accommodate 22 children they would require another toilet, however this would be required under the standards set by Department of Social Care. If they did want to accommodate more than 16 children another toilet and wash basin could be installed on the ground floor without requiring planning permission, providing that there would be no external alterations. 16. The use of premises as nursery accommodation does not fit comfortably into any established use in the Use Classes Order and many of the Island's nurseries are situated in residential areas or areas of mixed use. The facilities of children's nurseries vary greatly depending on the site itself. 17. In this instance there is no parking available within the curtilage of the application site however there is unrestricted parking on the opposite side of the highway on The Promenade which could be used by parents dropping off/picking up their children. 18. The hours of operation of the nursery would be between 9am until 1:30pm with an option of staying until 3pm. It is considered that the drop off/pick up times would not adversely affect the neighbouring properties, and would not unduly impact the parking available to the neighbouring properties. 19. The applicant has indicated that there would be two members of staff; it is considered that the unrestricted parking on the Promenade would cater for the staff parking. 20. There is no outdoor amenity space within the curtilage of the application site which would be designated for use by the nursery. The existing dining room and kitchen would be used for the nursery dining and nursery kitchen. 21. Whilst there would be no outdoor amenity space within the curtilage of the application site the property is within close proximity to the beach. The applicant has indicated that the children would be taken to the beach almost every day for outdoor recreation and play. 22. Given that there would not be any outdoor play space it is considered that the impact of noise and disturbance would not be such that it would be unduly harmful to the neighbouring properties. It is expected that a children's nursery would generate some level of noise but given that the area of outdoor play would be in an area of public open space it is considered that it would not adversely affect the private amenities of those neighbouring residents. 23. The applicant has indicated that there is a lack of pre-school provision in the south of the island. Whilst the site is not zoned for this specific use there is a tendency for uses such as this to be accommodated within residential areas therefore the principle of the development is considered to be acceptable. 24. It is considered that the proposed development would not adversely affect the amenities of local residents or have an adverse impact to parking and highways safety. 25. For the above reasons the application is considered to be acceptable and is recommended for approval. ## PARTY STATUS 26. The local authority, Port Erin Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status. 27. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance. ### Recommendation **Recommended Decision:** Permitted **Date of Recommendation:** 09.05.2012 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals C 1. The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time. C 2. This permission relates to the change of use of ground floor from residential to a nursery as shown in drawings 1275-01 and Planning Statement received 15th March 2012. C 3. The approved change of use of the ground floor must be used only as a nursery and may be used only between 0900hrs and 1530hrs Monday to Friday. For clarification, no approval is hereby granted for the use of the premises as a nursery on Saturday or Sunday or outside the times stated above. C 4. The occupancy of the ground floor approved to be used as a nursery must not exceed 22 children at any one time. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer. **Decision Made :** Permitted **Date :** 9/5/12 ## Determining officer (delete as appropriate) Signed: **G. H. K. L. M.** Anthony Holmes Senior Planning Officer Signed: _________________________ Michael Gallagher Director of Planning and Building Control Signed: _________________________ Sarah Corlett Senior Planning Officer Signed: _________________________ Jennifer Chance Development Control Manager --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/2541-rushen-regent-house-change-of-use/documents/1268691*