**Document:** Officer Report
**Application:** 16/00086/CON — Consent under the Registered Building regulations for demolition of existing public toilets within a conservation area
**Decision:** Permitted
**Decision Date:** 2016-03-14
**Parish:** Maughold
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/21328-maughold-public-toilets-rear-demolition/documents/1011981

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# Officer Report

**Application No.:** 16/00086/CON
**Applicant:** Maughold Parish Commissioners
**Proposal:** Consent under the Registered Building regulations for demolition of existing public toilets within a conservation area
**Site Address:** Public Toilets Rear of Thie Ny Chleree Maughold Village 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 DUE TO THE NATURE OF THE PROPOSAL

1.0 THE SITE - 1.1 The site is the Public Toilets to the rear of Thie Ny Chleree within Maughold Village. The toilet block is single story in height, with a pitched slate roof above. The building is of brick construction, although the external brickwork has been painted white. The toilet block is accessed via a lane which runs from Church Road in a northerly direction between the residential properties of 'Thie Ny Chleree' and 'The Old Vicarage'.

2.0 THE PROPOSAL - 2.1 The application seeks approval for consent under the Registered Building Regulations for demolition of existing public toilets within a conservation area. The building is not Registered, but the Act requires that any proposals for demolition within a Conservation Area must follow the same process as applications for Registered Building Consent. The scheme would result in the building being completely removed and a concrete or rustic brick paved hard standing to be formed on the footprint of the existing toilet block.

3.0 PLANNING HISTORY - 3.1 There are no previous applications on this site which are considered relevant in the determination of the proposed application; however, there is currently a planning application (16/00084/B) to the west of the application site, on the existing Maughold Village Car Park, for a new toilet block which is currently under 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 No Comments received.

6.0 ASSESSMENT PRINCIPLE OF DEVELOPING THE SITE - 6.1 The demolition of an entirely detached building does not constitute development that requires planning approval, however, Section 19 of the Town and Country Planning Act seeks to control the demolition of buildings that lie within Conservation Areas by requiring that an application is submitted in the same manner as if it were a registered building. Consequently issues to be considered related solely to the impact of the loss of the building on the Conservation Area. POTENTIAL VISUAL IMPACTS UPON THE CONSERVATION AREA AND COUNTRYSIDE SETTING - 6.2 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.
- 6.3 The existing brick built building whilst not unattractive, does not have any special character or interest to warrant its retention. The removal of this building in most part would go unnoticed in the Conservation Area and/or Church Road, given it is located to the rear the neighbouring residential properties which are larger in size and scale and therefore screen the building. Mature hedgerows approximately 2-2.5 metres in height also run around some of the boundaries of the block, which further reduce its appearance from public views. Due to these reasons it is not considered the removal of the building would have a detrimental impact to the visual amenities of the area and therefore the proposal would preserve the character of appearance of the Conservation Area; therefore comply with Environment Polices 1, 2 and 35 of the IOM Strategic Plan.

7.0 RECOMMENDATION - 7.1 In light of the above assessment it is therefore recommended that the planning application be approved.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013, the following 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;
- (c) Manx National Heritage; and
- (d) The local authority in whose district the land the subject of the application is situated

- 2. In addition to those above, the Regulation 9(3) requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.
- 3. In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person - None

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 works hereby granted registered building consent shall be begun before the expiration of four years from the date of this consent.

Reason: To comply with paragraph 2(2)(a) of schedule 3 of the Town and Country Planning Act 1999 and to avoid the accumulation of unimplemented registered building consents.

This approval relates to drawings reference numbers 1009G 01, 4 and 5 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 tothe officer report).

Signatory to delete as appropriate YES/NO

## 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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*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/21328-maughold-public-toilets-rear-demolition/documents/1011981*