**Document:** Planning Officer Report Recommendations **Application:** 12/01352/C — Variation of condition 3 of approved after school facility (PA 12/00224/B) to allow occasional use between 8.00am and 6.15pm Monday to Friday **Decision:** Permitted **Decision Date:** 2012-11-06 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/3447-lezayre-bonwick-house/documents/1280498 --- # Planning Officer Report Recommendations ### Officer's Report [Table omitted in markdown export] #### The Application Site 1. The application site is the curtilage of Bonwick House, Lezayre Road, Ramsey. The property is a relatively large detached building set within a substantial plot located on the corner of Lezayre Road and Bircham Avenue. The building is currently used as a children's nursery, a detached garage which is set to the north west of the building has recently been converted and extended under the provisions of 12/00224/B to provide accommodation for an after school club. There is an existing access for vehicles from Lezayre Road. #### The Proposal 2. The planning application seeks approval to vary condition no. 3 of 12/00224/B, which states: "The approved converted and extended garage must be used only as an after school club and may be used only between 1530hrs and 1815hrs Monday to Friday inclusive. For clarification, no approval is hereby granted to the use of the premises as an after school on Saturdays or Sundays or outside the times stated above." 3. The condition stemmed from what was specifically proposed by that application, namely operation times for the After School Club of 15.30 until 18.15 with a maximum occupancy of 14. The applicant sets out the following in a covering letter: "having recently converted the former garage into an after school club at our Bonwick Family Centre, it became obvious that the constraints of the previous successful planning application were unfortunate. The permitted hours of use of 3.30pm to 6.15pm Monday to Friday were fine for the original concept. However the building offers the users of the adjacent building an opportunity to 'spread out a bit', a different environment and the whole site a little flexibility. Our organisation genuinely wishes to maximise the potential of the after school club unit by gaining permission for its occasional use throughout the periods applied for in the attached application. We would point out that the comments of the Planning Department have been taken on board and hopefully the requested hours of use are in keeping with its setting. They would not be detrimental to the quality of life of our neighbours. The footfall of the buildings would not change. We would like to operate the building occasionally during periods of between 8.00am and 6.15pm Monday to Friday. This would allow us to vary he settings for nursery activities and to hold occasional training sessions relevant to our service delivery. We had thought of some occasional weekend use in our original meetings but this will not be necessary." ### Planning History 4. The application site has been the subject of a number of previous planning applications, the following of which are considered specifically material to the assessment of this current planning application: 5. PA 89/04037/C - Change of use from residential to family centre. Permitted. 6. PA 04/02326/B - Placement of 2 mobile classrooms in existing garden. Permitted. 7. PA 05/01170/B - Conversion of part of existing garage to toilets. Permitted. 8. PA 06/00370/A - Approval in principle for the erection of a residential dwelling. Refused. 9. PA 12/00224/B - Alterations and extensions to main nursery building and conversion and extension to existing detached garage to provide an after school club facility. Permitted. ### Planning Policy 10. The application site is located within an area that is designated as being predominantly residential under the Ramsey Local Plan. The site has permission to be used family centre (see planning history). However whilst the existing use is the lawful use of the site, it is not in compliance with the land use designation of the site. Notwithstanding this, General Policy 2 is judged to contain relevant guidance which is helpful in the determination of this application. 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." ### Representations 11. Ramsey Town Commissioners state that they do not object to this application. They comment that the application site is located on the junction of Lezayre Road and Bircham Avenue and therefore there is concern regarding the parking of vehicles whilst dropping off and picking up from the extended facility. It is stated that the application should allow for vehicles to access and exit the site safely without the necessity to park on the adjacent roads. 12. The Highways Division of the Department of Infrastructure recommend that this application be approved. 13. The owner/occupier of Manninagh, Bircham Avenue, Ramsey has commented on this application stating that whilst they appreciate the good work done at the Bonwick Family centre, problems have been incurred with the lack of parking facilities. It is set out that in the past this has been a cause of concern as they have been blocked in as we park off road. Concerns are raised that bad parking causes danger as this is the main bus route for the schools, and has heavy traffic during busy periods. It is pointed out that there is a bus stop on both sides of the road and this becomes very difficult to negotiate when vehicles are parked. Furthermore, it is pointed out that many children cross near this junction to access the schools, and it is hazardous especially during bad weather, and the dark winter days. It is requested that the users of Bonwick House could be advised not to park in the area. ### Assessment 14. The key issues to be assessed in the determination of this application are the impact of the proposal upon the amenity of the surrounding area, the impact of the proposal upon the amenity of adjacent properties and highway issues. 15. The application sets out that it is intended to use the converted garage not just as an after school club but also as additional space for the nursery. The applicant feels that the additional hours would provide greater flexibility for how the site operates and would make better use of their new facility. 16. The main issue to consider is whether the extended hours of use proposed would result in unacceptable harm to the amenity of adjacent properties. The main change would be to allow the building to be used in the mornings from 8am with the use ceasing at the same time as allowed for by the recent approval. No weekend use is applied for. 17. It is judged that the proposed hours would not extend to anti-social times of the day so as to undermine the legitimate enjoyment of nearby properties. Provided that conditions are attached to control the use, the application is judged to be acceptable in terms of impacts upon amenity. 18. Turning to highways and specifically parking, concerns have been raised regarding parking on the roads which are close to the site. The Highways Division does not object to the proposal and the applicant confirms that the extended hours of use would not increase visitor numbers but would allow greater flexibility in terms of using the site. It is judged that the proposal will not result in the existing parking situation from being made worse. ### Recommendation 19. It is recommended that the planning application be approved ### Party Status 20. It is considered that the following parties that made representations to the planning application should be afforded interested party status: Ramsey Town Commissioners; and The owner/occupier of Manninagh, Bircham Avenue, Ramsey. 21. It is considered that the following parties that made representations to the planning application should not be afforded interested party status: The Highways Division of the Department of Infrastructure. ### Recommendation Recommended Decision: Permitted ## 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. This permission relates to the variation of condition 3 of planning application 12/00224/B. New condition 3: The approved converted and extended garage must be used only in association with the adjacent nursery building and as an after school club and may be used only between 0800hrs and 1815hrs Monday to Friday inclusive. For clarification, no approval is hereby granted to the use of the premises on Saturdays or Sundays or outside the times stated above. 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 : 5.11.12 ### 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/3447-lezayre-bonwick-house/documents/1280498*