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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 19/00086/B Applicant : Manx National Heritage Proposal : Installation of toilet facilities to replace existing Site Address : Site adjacent to Laxey Wheel Wheel Hill Laxey Isle of Man

Senior Planning Officer: Mr Thomas O'Connor Photo Taken : 06.03.2019 Site Visit : 06.03.2019 Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 02.04.2019 __

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.

Plans/Drawings/Information:

This approval relates to drawings referenced 16/2521/10 and 16/2521/11 and brochure from the Event Hire Group date stamped 28th January 2019.

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Interested Person Status - Additional Persons

None __

Officer’s Report

1.0 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

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1.2 On the site are two 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.

2.0 THE PROPOSAL 2.1 This proposal seeks to remove the existing temporary WCs located under the tree and replace with an 'Albos' Pod Module containing two WCs, each suitable for both disabled access and for baby changing. These will be sited some 7m to the north west of the temporary toilet within the site. The details submitted indicate a rectangular design in a white finish.

2.2 Their installation would allow for the removal existing toilet facilities away from the mature tree at the edge of the site and, the dimensions of the pair of WCs would be 3.6m in width by 2.1 deep x 2.2m high.

3.0 PLANNING HISTORY 3.1 16/00491/B - Erection of a building to provide toilet facilities and the removal of a tree. Permitted but not implemented

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.

4.2 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."

In terms of strategic policy, the Isle of Man Strategic Plan 2016 has the following policies that are considered relevant to the assessment of this current planning application: 4.3 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);

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(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." 4.4 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."

4.5 Environment Policy 2 states: "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."

4.6 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."

5.0 REPRESENTATIONS 5.1 Garff Parish district; "No objections to the proposed development 5.2 Highways Services have confirmed there is no highways interest

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

6.2 The current facilities on the site remain temporary toilets with no other public convenience facilities in the immediate area. The proposed toilet would constitute a modest level of development on the site in order to achieve a public good and in terms of its design and scale be sympathetic to its immediate surroundings. The footprint of this development is modest and, 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

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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 the General Policies of the Isle of Man Strategic Plan 2007 and is therefore recommended for approval.

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.

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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 : 03.04.2019

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.