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25/90499/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90499/B Applicant : Michael Commissioners Proposal : Replacement toilet unit with disability access Site Address : Glen Mooar Car Park Kirk Michael Isle Of Man IM6 1HL
Principal Planning Officer: Belinda Fettis Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 01.08.2025 __
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
This application has been recommended for approval for the following reason. Due to the scale and position within the site and utilisation of existing services, the proposal is considered acceptable and in accordance with the aims and objectives of Strategic Policy 1, General Policy 2 (b), (c), (d), (f), (i) and (m), Environment Policy 22 and Strategic Policy 4 (c) and Community Policy 7 of the Isle of Man Strategic Plan (2016).
Plans/Drawings/Information;
This decision relates to the following details received on the 16th of May 2025;
o Proposed Plans, drawing no 2031.01
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
o Environmental Protection Unit (EPU) (water) - no objection o DOI Highway services - no objection.
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Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMEND FOR AN APPROVAL
THE SITE 1.1. The application site relates to Glen Mooar car park that is located close to the beach south of Kirk Michael. The car park surface is hard, a compressed mixture of materials including sand blown in from the beach. The car park is bound by land levels slightly higher comprises vegetation to varying degrees around the car park. There is a pedestrian access from the car park to the beach.
1.2. Vehicle access to the site is via a narrow lane off the A4.
1.3. There are no dwellinghouses within 50m of the site.
THE PROPOSAL 2.1. Planning approval is sought for a new toilet unit with disability access and outdoor beach shower. Plans and details have been submitted in support of the proposal including the dimensions of the existing toilet unit and capacity of the existing septic tank in an on July 15th. The details can be broken down as follows.
2.2. The existing toilet unit measuring 1.4m x 1.4m x 2m high will be removed.
2.3. The new toilet unit measures around 2.75m wide, 1.95m deep and 2.2m high. There would be one opening. The unit has a flat roof and metallic grey sheet finish to the walls and a metal door. At the top of the walls, below the roof there will be glazed panels; around 200mm deep.
2.4. The new toilet unit will be placed upon a new concrete pad, measuring around 150mm deep, sunk into the ground so as to better facilitate the disability access.
2.5. Excavated soil will be distributed within the site.
2.6. The application form states that the new facility will be connected to existing drainage and foul sewage (septic tank).
PLANNING POLICY 3.1. Site Specific 3.1.1. No constraints, such as flooding or conservation, are observed affecting the site
3.1.2. On the current adopted plan, the 1982 Isle of Man Development Order 1982 the site is within an area identified as being an 'Area of High Landscape or Coastal Value and Scenic Significance'.
3.1.3. The new Area Plan for the North & West has yet to be adopted therefore the 1982 Plan remains the plan for assessment. However it is noted that on the Draft Area Plan for the North and West the site is within a coastal landscape designation. The site remains outside any area identified for development.
3.2. Strategic Plan 3.2.1. Taking account of the above, within the adopted Isle of Man Strategic Plan 2016, the following policies are considered relevant in the determination of this application:
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3.3. Although not located within the boundaries of the Service Village of Kirk Michael, the site already has access to a septic tank and water that facilitate the function of the existing toilet unit. Strategic Policy 1 states that development should make the best use of resources (a) optimising previously developed land; (b) ensuring efficient use of sites and; (c) utilise existing facilities.
3.4. There are no specific policies relating to the provision of public toilets, therefore consideration is given to General Policy 2 that provides general principles of development. The relevant criterion of General Policy 2 are considered to be as follows. (b) respects the site and surroundings (c) does not adversely affect the character of the surrounding landscape (d) does not adversely affect protected wildlife or watercourses (e) does not adversely affect public views of the sea (f) incorporates existing topography (j) can be provided with all necessary services (m) designing out crime
3.5. Environmental Policy 1 states that 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.
3.6 Environment Policy 2 states that 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.
3.7 Strategic Policy 4 (c) must not cause or lead to unacceptable environmental pollution or disturbance.
3.8 Environment Policy 22 states that development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution.
3.9 Community Policy 7 states that where possible new development should be designed so as to help prevent criminal and anti-social behaviour.
OTHER MATERIAL CONSIDERATIONS 4.1. Legislation 4.1.1. Section 143 of the Equality Act (2017) places a duty on public bodies to promote equality, eliminate discrimination, advance equality of opportunity and foster good relations.
PLANNING HISTORY 5.1. There is no previous planning history.
REPRESENTATIONS
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6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.2. Local Authority: 6.2.1. Michael Commissioners - although consulted, as of the date this report was drafted (04.07.205) no response has been received therefore it is assumed that there are no objections.
6.3. Statutory Bodies 6.3.1. Highway Services - No significant negative impact upon highway safety, network functionality and/or parking (19.05.2025).
6.3.2. EPU- Environmental Protection Unit (EPU) (water) - (05.06.2025) Requested additional information regarding the existing septic tank. Additional information was submitted on the 15th of July and EPU responded on the 28th of July stating that they had no objections.
ASSESSMENT 7.1. Because the proposal is effectively an improvement to the existing facility and will utilise the existing toilet unit location and services, the proposal is considered to meet Strategic Policy 1.
7.2. Taking account of the above observations the key consideration in assessing this application is whether the design has any adverse impacts upon the landscape or the environment.
7.3. In respect of position and orientation the new toilet unit will be the same as that which exists. Because the unit is wider it is likely that some vegetation will have to be pruned, but the impact would be negligible.
7.4. In respect of scale, the proposed unit represents just over double the floor space with an increased height of 200mm, as such it will be more noticeable in its setting. However it is considered that due to the existing topography the unit would generally not seen outside the car park, and where seen would be minimal in limited views. Therefore the scale is acceptable and in accordance with General Policy (GP) 2 (b), (c) and (f) and Environment Policy 1 & 2. Furthermore by utilising the same position the proposal would not obstruct public views of the sea GP2(e).
7.5. In respect of materials, the proposed unit is similar to that which exists and is considered appropriate for the use and the locality. It is considered that there will be limited harm on account of the unit being more visual but overall it would not cause adverse harm to the landscape setting.
7.6. In respect of the environmental impacts, the creation of the larger concrete base is not considered harmful within the context of the car park that is mostly compacted material. The existing toilet is functional with services of a septic tank, therefore provided the services are maintained there should be no adverse environmental impacts. Overall it is considered that the proposal accords with GP2 (d) and (i), Environment Policy 1, 2 & 22, and Strategic Policy 4 (c).
7.7. In respect of crime, the external surfaces are metal which generally lends itself to such facilities being better protected from crime, particularly such as fire. Therefore the design accords GP2(m) and Community Policy 7.
CONCLUSION 8.1. Due to the scale and position within the site and utilisation of existing services, the proposal is considered acceptable and in accordance with the aims and objectives of Strategic
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Policy 1, General Policy 2 (b), (c), (d), (f), (i) and (m), Environment Policy 1, 2 and 22 and Strategic Policy 4 (c) and Community Policy 7 of the Isle of Man Strategic Plan (2016).
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.
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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made: Permitted Date: 11.08.2025
Signed : Mr Jason Singleton Presenting Officer
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