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                                                 16/00491/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 16/00491/B Applicant : Manx National Heritage Proposal : Erection of a building to provide toilet facilities and removal of one tree Site Address : Site Adjacent To Laxey Wheel Wheel Hill Laxey Isle Of Man

Case Officer : Mr Jason Singleton Photo Taken : 09.05.2016 Site Visit : 09.05.2016 Expected Decision Level : Officer Delegation

Officer’s Report

APPLICATION SITE 1.1 The application site is a small piece of land to the south east of Laxey Wheel. The surrounding land forms part of the Laxey Wheel tourist site with a larger holding of land as part of the Laxey mines area. The immediate area is a gravel bound surface with a concrete flagged path leading to the toilet block. This area is bounded by a dog leg post and rail fence adjacent to the river

1.2 On the site are a pair of temporary toilet cubicles for use of customers and staff that is located in an area set back from the wheel and tucked into a corner under the canopy of trees. There is a sloping grass bank to the North and the river is down the ravine to the south. To the west is the curtilage of Wheel View, Wheel Hill, Laxey.

THE PROPOSAL 2.1 Proposed is the installation of a new modern toilet facility to replace the temporary toilets. This proposal would see a dedicated male and female toilet, both with disabled access and baby changing facilities.

2.2 The scope of the works would see the removal of a tree on the grass embankment and some excavation work to the embankment to allow the new positioning of the toilet block. It is proposed to install gabion baskets as a retaining wall 12.0m in length. It is not proposed to alter any ground levels and the orientation would remain the same except the footprint would be larger and further forward. The new toilet block would measure 5.0m long x 3.6m wide x 2.8m high, finished in western red cedar cladding boards, being installed in vertically. There are no windows being proposed in any elevation but the structure will feature three roof lights.

PLANNING HISTORY 3.1 This application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.

DEVELOPMENT PLAN POLICIES 4.1 In terms of local plan policy, the application site is located within a wider area of land that is designated as i) open space/agricultural use; and ii) high landscape value and scenic significance under the Laxey and Lonan Area Plan Order 2005. It is also located within Laxey Conservation Area.

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The Laxey and Lonan Area Plan Order 2005 contains four polices that are considered specifically material to the assessment of the planning application:

Policy L/OSNC/PR/1 - Development in areas of open space states: "There will be a general presumption against development in areas designated as open space or open space for particular purposes."

Policy L/CRB/PR/1 - Archaeology states: "No development will be approved where this adversely affects either a feature of archaeological importance or the setting of such a feature. Manx National Heritage must be consulted prior to the formulation of any development proposals near to sites of such importance: in particular in the case of development areas 5, 13 and 19."

Policy L/CRB/PR/4 - Conservation Area status states: "Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications with the area, to the desirability of preserving or enhancing its character or appearance in accordance with the Town and Country Planning Act 1991 (12.(4)."

Policy L/CRB/PR/6 - Laxey Wheel and the Mines Complex states: "The importance of Laxey Wheel and the Mines as internationally significant and the innovative and unique remains of the lead mining industry is recognised and the attainment of UNESCO World Heritage Site status for the site is to be encouraged."

4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains four policies that are considered specifically material to the assessment of this current planning application:

General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."

4.3 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."

4.4 Environment Policy 2 states:

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"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."

4.5 Environment Policy 35 states: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

REPRESENTATIONS 5.1 Garff Parish district; "The Commissioners expressed concern with the architectural quality of the toilet block. They were of the opinion that a design more in keeping with the status of the Laxey Wheel Heritage Site could been achieved. However, Members recognised that the proposed design is practical and cost-effective and were not minded to object to the proposals." (23/05/16)

5.2 Highways Services have confirmed there is no highways involvement and do not object (16/05/16)

5.3 The Fisheries Division part of DEFA have confirmed they are in receipt of the relevant paper work for works with in 9m of a river and provided the works are carried out in accordance with these provisions, have no objection. (25.05.16)

ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this planning application are; (i) the impact of the proposed development on the character and quality of the landscape.

6.2 The current facilities on are temporary toilets with no other public convenience facilities in the immediate area. The proposed toilet would have a more sympathetic appearance and the finish materials would be complimentary to the immediate wooded surroundings. The level of development is modest, however should it need to be removed, it would not require significant works to remove the development and return the application site to its previous state.

6.3 It is considered that the proposal is acceptable for which there is no reasonable alternative, which is intrinsically linked to the use of the heritage site. The setting of the Laxey Wheel and Conservation Area is not unduly affected by the proposed development and it would be considered an enhancement to the heritage site replacing the temporary facilities with a more permanent structure.

RECOMMENDATION 7.1 Overall, it is concluded that the planning application is in accordance with aforementioned General Policies of the Isle of Man Strategic Plan 2007 and is recommended for approval.

INTERESTED PERSON STATUS 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.

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Recommendation

Recommended Decision:

Permitted Date of Recommendation: 13.06.2016

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

This approval relates to drawings referenced; 16/2521/01; 16/2521/02; 16/2521/03 date stamped 28th April 2016.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted

Date: 14.06.2016

Determining officer

Signed : S CORLETT Sarah Corlett

Senior Planning Officer

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