**Document:** Planning Officer Report **Application:** 12/01006/C — Change of use from former joiner's workshop to a nursery school **Decision:** Permitted **Decision Date:** 2012-09-26 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/3127-braddan-workshop-change-of-use/documents/1276377 --- # Planning Officer Report Case Officer: Mr Steve Stanley Photo Taken: Site Visit: 26.07.2012 Expected Decision Level: Officer Delegation ## Officer's Report ### Introduction 1. This application seeks permission to change the use of an existing building located in Onchan to a children's nursery. ### The Site 2. The application site is the curtilage of an existing joiner's workshop located to the rear of Nursery Avenue, Onchan. The building is to the immediate west of the car park of Onchan District Commissioners which is accessed off Main Road. ### The Proposal 3. This application seeks approval for the change of use of the building from a joiner's workshop to a children's nursery. The works involved in this would not affect the external appearance of the building. The interior of the existing workshop would be converted to provide two main nursery rooms served by ancillary accommodation such as a kitchen and toilets. The first floor of the building would provide a staff room and toilets. To the north of the site is a public play ground. ### Development Plan Policies 4. The application site is located within an area that is designated as being Predominantly Residential by the Onchan Local Plan. It is relevant that the land to the immediate south and north east is designated for Mixed use - Offices/Industrial/Car Park. 5. Within the Onchan Local Plan, there are no policies that deal specifically with this type of proposal. Similarly, the Isle of Man Strategic Plan does not contain policies relating to the provision of children's nurseries. It is relevant that much of the land immediately adjoining the building is designated and used in a mixed use manner. The policy that perhaps has the most relevance to this application is Community Policy 2. This states: "New community facilities should be located to serve the local population and be accessible to non-car users, and should where possible re-use existing vacant or underused buildings." 6. Whilst the proposal is not for residential development and could be argued to be contrary to the land designation of Predominantly Residential, the term "predominantly" would allow for some developments that are not residential to take place provided that they [Table omitted in markdown export] would not undermine the character or amenity of the area. It is judged that General Policy 2 is the most relevant policy is assessing impacts upon the surrounding area. This 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." ### Planning History 7. The building has not been the subject of previous planning applications. ### Representations 8. The Highways Division of the Department of Infrastructure originally raised concerns regarding parking and visibility at the access from the adjacent car park onto Main Road. Following additional information being received, the Highways Division has confirmed that it has no objection to the proposed development. 9. The owner/occupier of 14 Nursery Avenue, Onchan has raised concerns regarding the potential for car parking associated with the proposed nursery to take place on Nursery Avenue. It was questioned whether the adjacent car park would be used and if so whether the Local Authority has confirmed that this will be available. This information has been passed to the owner/occupier of 14 Nursery Avenue and further comments invited. An additional letter has been received which acknowledges the information received regarding use of the Commissioner's car park but continues to raise concerns that Nursery Avenue may be used by users of the proposed nursery. 10. Onchan District Commissioners recommend that this application be approved. The Commissioners have also confirmed that their car park which is adjacent to the application site would be available for users of the nursery. 11. DEFA Environmental Health Division indicate that the proposal meets with their requirements. ## ASSESSMENT 12. The key issues to be assessed in the determination of this application are the impacts of the proposed use on the amenity of the surrounding area and highways issues including parking. Impacts upon the surrounding area 13. In assessing how the proposal may affect the surrounding area, consideration should be given to the amenity of existing dwellings and the compatibility of the proposed use with existing uses. 14. The surrounding area is made up of a mixture of residential and non-residential uses. The proposal site sits on the edge of a Mixed Use area and the building faces directly onto the Onchan District Commissioners car park. Access to the building would be from this side resulting in reduced impacts upon the residential properties to the south west. The existing use of the building is a material consideration in the assessment of this application. As a joiner's workshop, there is a potential for anti-social noise to be created which could undermine the amenity of adjacent properties. The use as a nursery would be confined mainly to the inside of the building and during daytime hours. It is judged that all of these factors combine to render the application acceptable. 15. The site is judged to be well placed to serve the local community being adjacent to the Local Authority offices and the church hall. Highways issues 16. The proposed use would likely result in higher vehicle journeys to and from the building. The site, which is essentially the footprint of the building, cannot provide any off-street parking however the adjacent car park would provide off street parking for dropping off and picking up of children. This car park could also accommodate staff of the facility. A local resident of Nursery Avenue raised concerns regarding the potential for visitors and staff to the building to park on Nursery Avenue which is already congested. In order to explore this issue, the case officer has contacted the Local Authority which owns and controls the car park immediately adjacent to the building. It has been confirmed that the car park will be available to the nursery and would be able to accommodate vehicles associated with the proposed use. A further matter that has been raised by the Highways Division is the visibility at the existing car park access. This was not shown on the originally submitted plans however the applicant's has now provided plans which demonstrate visibility to the satisfaction of the Highways Division. It is considered that the application is acceptable in terms of highway impacts. CONCLUSIONS 17. The application would introduce an important community facility into the area. It is judged that the site is well positioned to serve the public and that the use would not undermine the amenity of nearby residential properties so as to warrant refusal. Furthermore the use would not cause unacceptable on-street parking or adverse highway implications. RECOMMENDATION 18. Permit. ## PARTY STATUS 19. The Local Authority is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status. 20. The following parties are recommended to be granted Interested Party Status: The owner/occupier of 14 Nursery Avenue, Onchan - this property is located on the side of Nursery Avenue which is furthest from the application site. Whilst it has been confirmed that the Commissioner's car park will be available to serve the proposed use, it is judged that part (d) of Planning Circular 1/06 is relevant. This states that "persons owning or residing in land or buildings, the legitimate enjoyment of which would be adversely affected by reason of - (i) noise, dust, or smell arising from the site as a consequence of the development; or (ii) traffic generated by the development." will generally given Interested Party Status. On the basis that it would not be possible to prevent persons using the nursery from parking on the public highway, it is judged that the owner/occupier of 14 Nursery Avenue should be afforded Interest Party Status. 20. The Highways Division and the Planning Authority are both part of the Department of Infrastructure. As such, the Highways Division cannot be afforded Interested Party Status. 21. DEFA Environmental Health refer to legislation which is not planning-related and as such should not be afforded party status in this case. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 24.09.2012 ### 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 approval relates to the change of use from joiner's workshop to a nursery school, Workshop, Nursery Avenue, Onchan as shown by 01, 02, 03 and 04 all received 12th July 2012 and 02 Visibility Splays received 11th September 2012. 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: 24-9-12 ## Determining officer (delete as appropriate) Signed : ... 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/3127-braddan-workshop-change-of-use/documents/1276377*