**Document:** Officer Report
**Application:** 16/00084/B — Erection of a public toilet block
**Decision:** Permitted
**Decision Date:** 2016-03-14
**Parish:** Maughold
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/20513-maughold-village-car-park-church-public-toilet-block/documents/1004504

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# Officer Report

**Application No.:** 16/00084/B
**Applicant:** Maughold Parish Commissioners
**Proposal:** Erection of a public toilet block
**Site Address:** Maughold Village Car Park Church Road Maughold Isle of Man Case Officer : Mr Chris Balmer
**Photo Taken:** 16.02.2016
**Site Visit:** 16.02.2016
**Expected Decision Level:** Planning Committee

## Officer’s Report

THIS APPLICATION IS BROUGHT BEFORE PLANNING COMMITTEE AS THE PROPOSAL COULD BE CONSIDERED TO BE CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL

1.0 THE SITE - 1.1 The site is the Maughold Village Car Park, Church Road, Maughold which is a parcel of land located to the northern side of Church Road and east of Maughold Village. The site is characterised by roadside Manx grass banks and landscaping along the roadside boundary (south) and beyond this a car park area which is made of hardstanding. The western part of the site currently accommodates recycling containers for members of the public to utilise. - 1.2 To the north of the site is Maughold Parish Field which is used for a variety of sporting and community events throughout the year.

2.0 THE PROPOSAL - 2.1 Full planning approval is sought for the erection of a public toilet block. The toilet would be single storey, having a width of 7 metres, a depth of 5.1 metres and a ridge height of 4.2 metres. The building would have a slate roof finish and a mixture of painted render and vertical high quality cedar timber cladding. The building whilst having a traditional pitched roof form, the use of materials and window designs would give a more contemporary appearance in terms of its architecture. - 2.2 The block would be located to the northwest corner of the site (currently partially used for the recycling containers). These would be slightly moved to run along the north boundary of the site, adjacent to the eastern gable wall of the new toilet block. - 2.3 Additional landscaping is proposed along the southern and western boundaries of the site.

3.0 PLANNING HISTORY - 3.1 The following previous planning applications are considered relevant in the determination of the proposed planning application: - 3.2 Installation of four bollard type low level lights - 06/00691/B - APPROVED - 3.3 Creation of car park and vehicular access - 01/02173/B - APPROVED

3.4 Erection of two column street lights at entrance to car park (Retrospective) - 04/00282/R REFUSED - 3.5 Erection of flagpole - 99/02335/B - APPROVED - 3.6 Creation of pedestrian access to Maughold Parish Field - 97/00140/B - APPROVED

3.8 Whilst not related to the application site, the following planning application is considered to be relevant in the determination of this current planning application: - 3.9 Consent under the Registered Building regulations for demolition of existing public toilets within a conservation area - Public Toilets, Rear Of Thie Ny Chleree, Maughold Village 16/00086/CON - PENDING CONSIDERATION

4.0 PLANNING POLICY - 4.1 The site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 as of High Landscape Value and Scenic Significance and Woodland and therefore not designated for development. The site is also within Maughold's Conservation Area, which was adopted in 1992. No Character Appraisal exists for the Conservation Area, which is by far the largest on the Island and includes small collections of buildings along with farmsteads and individual dwellings but is primarily countryside. The area in which the application site sits presents the largest collection of buildings, but even this is limited to around 15 individual properties. The area could be characterised as comprising dwellings of fairly traditional but also somewhat unusual form and design - none of which are considered especially inappropriate - set within a sloping hillside that commands quite significant long views westward into the Island but is perhaps surprisingly well hidden from the sea to the east. It is also true that there is a very limited amount of contemporary architecture in the area. - 4.2 The Strategic Plan policies of material relevance to the consideration of this application are set out below. - 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: "The present system of landscape classification of Areas of High Landscape of 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 difference 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 is perhaps the crucial policy: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." This echoes the provision of Planning Policy Statement 1/01, policy CA/2, which states: "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such

proposals upon the special character of the area, will be a material consideration when assessing the application.

Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected."

5.0 REPRESENTATIONS - 5.1 Highway Services of the Department of Infrastructure offered no objection to the proposal on 02.02.2016.

6.0 ASSESSMENT - 6.1 The key considerations in the determination of this planning application are the principle of developing the site, and second are the potential visual impacts upon the Conservation Area and countryside setting. PRINCIPLE OF DEVELOPING THE SITE - 6.2 As indicated the site is not designated for development under the 1982 IOM Development Plan, although significant weight is attached to the previous planning approval (PA 01/02173/B) which allowed the creation of car park and vehicular access on the site in 2002. This approval changed the appearance, character and use of the site. Accordingly, whilst the designation is 'Woodland' under the 1982 Development Plan, it is and has been used as a car park since the approval in 2002. - 6.3 The proposal for public toilet facilities on the site is for a number of reasons. Firstly, the existing public toilets are not located in an ideal location, being immediately adjacent to residential properties,'The Old Vicarage' and 'Thie Y Chleree' and people wanting to use the toilets have to walk past these properties. Secondly, immediately to the north of the application site is Maughold Parish Field, which is used for a variety of sporting and community events throughout the year. Currently, during events persons wishing to use the toilet facilities have to leave the site and walk approximately 150 metres, along Church Road. This is not an idea situation, especially for those with young children or those who are elderly as there isn't a public footpath along Church Road. A third reason for the proposal is the new toilets would be constructed to modern standards and will include a toilet for the disabled. It is understood the existing toilets cannot be altered to provide disabled facilities. A fourth reason for the proposal on this site is that parking is already provided for. POTENTIAL VISUAL IMPACTS UPON THE CONSERVATION AREA AND COUNTRYSIDE SETTING - 6.4 When considering any development within a Conservation Area the Department has a duty to determine whether such proposals are in keeping with not only individual buildings, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2007). This policy indicates that development within Conservation Areas will only be permitted if they 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. - 6.5 The building would be 10 metres from Church Road, therefore the building will be apparent from views when travelling towards and past the site. However, the proposed materials such as the slate roof and cedar timber cladding, together with proposed landscaping around the site and along the roadside of Church Road, will help reduce the visual appearance of the building and will try to ensure the building does not become a prominent feature in the Conservation Area or the countryside. - 6.6 However, whilst more distance views will likely be reduced and limited; it will be visible to those using the car park, the Parish Field and those who use them. The design and finish is of a

high quality and its size and mass would also help the building fit within the area. The majority of the car park would remain with the toilet block being located into the north-western corner. Whilst the proposal would increase the level of built development on the site, it is considered the design, scale and siting would be appropriate and would not have a detrimental impact upon the visual amenities of the Conservation Area or the countryside setting. The proposal therefore complies with Environment Polices 1, 2 and 35 of the IOM Strategic Plan.

7.0 RECOMMENDATION 7.1 The use of contemporary architecture in the manner proposed by the application is a welcome intervention in the area. In light of the above assessment, which has considered the design of the proposed works relative to the setting within the Maughold Conservation Area and countryside setting, it is considered that the proposal would preserve the character, and appearance, of that Conservation Area. It is therefore recommended that the planning application be approved.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, 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) The Highways Division of the Department; and
- (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

9.0 SUPPLEMENTARY REPORT - 9.1 At the meeting held on the 14th March 2016, the Planning Committee accepted the recommendation of the case officer and approved the application subject to the wording of condition 2 being amended to require that the hard landscaping should be implemented prior to the facility being made available to the public.

Recommendation Recommended Decision: Permitted Date of Recommendation: 29.02.2016 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.
- C 2. No development shall take place until full details of the hard landscaping works have been submitted to and approved in writing by the Planning and Building Control Directorate and these works shall be carried out as approved. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the facilities being made available for public use. Reason: To ensure the provision of an appropriate landscape setting to the development.

This approval relates to drawings reference numbers 1509J 01, 16 1152/1, 16 1152/2 and 16 1152/3 all received on 27th January 2016.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : Approved Committee Meeting Date: 14.03.2016

Signed : C Balmer Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See supplementary report at 9.0

## 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.

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