**Document:** DEC Officer Report
**Application:** 19/00132/B — Erection of a two storey building to provide public toilets
**Decision:** Permitted
**Decision Date:** 2019-05-29
**Parish:** Lonan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/29130-lonan-laxey-valley-gardens-shop/documents/1042963

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# DEC Officer Report

**Application No.:** 19/00132/B
**Applicant:** Garff Commissioners
**Proposal:** Erection of a two storey building to provide public toilets
**Site Address:** Laxey Valley Gardens North West Corner Junction of New Road and Captains Hill Laxey Isle of Man Principal Planner: Mr Chris Balmer
**Photo Taken:** 01.03.2019
**Site Visit:** 01.03.2019
**Expected Decision Level:** Planning Committee
**Recommended Decision:** Permitted
**Date of Recommendation:** 08.04.2019 _________________________________________________________________

## 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.

- C 2. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area. Plans/Drawings/Information:

This approval relates to the submitted documents and drawings reference numbers 17 1227 1 A, 17 1227 2, 1805A 01 all received on 25th April 2019.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

The Laxey and Lonan Heritage Trust as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. _____________________________________________________________________________

### 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 forms part of Laxey Valley Gardens, namely a small parcel of land to the North Western corner of the gardens, with New Road to the north and Captains Hill to the west within the Village of Laxey.

2.0 THE PROPOSAL - 2.1 Full planning approval is sought for the erection of a public toilet block. The toilet would be two storeys, having a width of 4.4 metres, a depth of 5.5 metres and a maximum height of 6 metres (3m when measured from adjacent highways). The building would have a flat roof finish and the lower floor finished in traditionally laid Manx stone to match the existing boundary walls of the site. The upper floor which would project above the existing Manx stone boundary walls is made up of three possible options:

- 1. "Corten" Weathered steel;
- 2. Open jointed vertical timber cladding untreated and left to weather naturally;
- 3. Dark painted smooth render; and
- 4. Green/living wall system.

## - 3.0 PLANNING HISTORY

3.1 The following previous planning applications are considered relevant in the determination of the proposed planning application: - 3.2 Erection of a toilet block - 06/01641/B - APPROVED - 3.3 Reconstruction and renovation of former Snaefell Mine Water Wheel and casing with pipe work and associated works - 03/00632/B - APPROVED

## - 4.0 PLANNING POLICY

4.1 The site lies within an area designated on the Laxey and Lonan Local Plan Order 2005 as Public Open Space. The site is also within a Conservation Area. - 4.2 The Strategic Plan policies of material relevance to the consideration of this application are set out below. - 4.3 General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

- (a) is in accordance with the design brief in the Area Plan where there is such a brief;
- (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
- (c) does not affect adversely the character of the surrounding landscape or townscape;
- (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;

- (e) does not affect adversely public views of the sea;
- (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
- (g) does not affect adversely the amenity of local residents or the character of the locality;
- (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
- (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
- (j) can be provided with all necessary services;
- (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
- (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
- (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
- (n) is designed having due regard to best practice in reducing energy consumption."

4.4 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."

4.5 Recreation Policy 2 states: "Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances:

- (a) where alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; and
- (b) where there would be an overall community gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area."

## - 5.0 REPRESENTATIONS

5.1 The Laxey and Lonan Heritage Trust, Moaney Quill Lodge, Strooan Ny Quill Lane, Laxey make the following summarised comments (28.03.2019): Supports the need for the toilet facilities in this area to serve village and visitors; but consider the location and height will adverse on the vista currently enjoyed by so many who visit and stand at this location to view the former washing floors; there are current information boards at this location which are best overviewed form this location; building would be built on top the current culverted route of the water lade which includes a four inch supply pipe which feeds the Snaefell Water wheel to rotate, therefore concern that this would prevent the water wheel to rotate; concerns of highway safety with visitors crossing the road to use toilets; and seeks Commissioners to reconsider location to erect the toilet block on the corner of Mines Road and New Road.

- 5.1.1 Further to these comments, the Department sought comments from the applicants. They subsequently provided additional information/amended plans and further comments in

- response. No comments where received following The Laxey and Lonan Heritage Trust following the circulation of these.
- 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.

## PRINCIPLE OF DEVELOPING THE SITE

6.2 The applicants (Garff Commissioners) explain that there are a number of reasons why the proposed public toilets at this site are proposed. These are:

- 1. The area hosts server ongoing facilities and events that attract the public;
- 2. It is close to the Mines Road Coach Park where a significant proportion of visitors alight to access the carried range of commercial and heritage amenities in the Village;
- 3. The proposed facility is close and within easy walking distance of the Laxey MER Station which attracts thousands of visitors into the village. Public cannot access the toilet facilities in the Station unless they are patrons of the Café;
- 4. The adjacent Laxey Mines Railways attracts thousands of visitors a year, currently the charity running them hire a portaloo for its staff, but not available to the public; and
- 5. There are "one-off" events within Laxey Valley Gardens throughout the year which currently do not have the benefit of comfort facilities nearby.
- 6.3 The applicants explain they have explored a number of sites; Mines Road Coach Park (DOI declined to release or sell land); and Laxey Station but difficulties arose in terms of permissions, access and suitability of the location when the station was dormant in winter months.

6.4 In conclusion they consider the application site an ideal position closes to a number of facilities, retail outlets, amenities and convenient for visiting public. - 6.5 The Department would strongly agree with the reasoning put forward by the Garff Commissioner's for the need of the public toilets and also the siting of them on this site, which would meet the above identified needs very well. The proposal could be argued to result in the loss of some open space; however, in reality the space lost is unused, not attractive and provides no public benefit. The proposals would result in the reverse, providing an overall community gain from the development and would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area. Therefore comply with RP2. The potential visual impacts upon the Conservation Area - 6.6 The Department has a duty to determine whether such proposals are in keeping with not only the individual building, 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. 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. - 6.7 The design of the new toilet block is intended to be and be seen as a low key building and would not given its size, design and potential finish appear as a significantly prominent building; albeit, given its location adjacent to two highways, and one of these being the Main Road through Upper Laxey Village will be seen. - 6.8 The applicants have proposed four potential finishes to the upper section of the building which are outlined in 2.1 section of this report. The lower sections would be finished in traditionally laid Manx stone to match the existing walls adjacent to the site. In terms of the

- upper section the Department considers any of the finishes to be appropriate and of quality; arguable the "Corten" Weathered steel would be more in keeping with the area, having an industrial heritage and still adjacent to two industrial attractions close to the site (Laxey Mines Railways & Snaefell Mine Waterwheel). It could be argued the vertical timber cladding untreated and left to weather naturally and Green/living wall system, while quality finishes may appear out of keeping with the area and not related to any other finishes in the area, albeit a counter argument could be that the site is adjacent to the Laxey Valley Gardens where a number of landscaping/vegetation can be found. The dark painted smooth render could be argued is more in keeping with a number of render properties in the area; albeit out of the four options is perhaps not as interesting or innovative and perhaps the "safest option".
- 6.9 Overall, it is not considered any of the finishes would be inappropriate to this building or the Conservation Area. Accordingly, if the application is approved, a condition should be added which requires final details of the chosen finish and samples be submitted and approved by the Department prior to works commencing.
- 6.10 Comments have been submitted that the building would screen public views from the Main Road down towards the Laxey Valley Gardens and the remainder of the Laxey Valley. While the building would screen views when stood immediately adjacent to it, it is noted that the current two notice boards already provide such screening. The vast amount of public views from the public highways in the area would be unaffected by this development.
- 6.11 Overall, it is considered the proposed works would preserve the character and appearance of the existing property and therefore also the Conservation Area and therefore the proposal would comply with Environment Policy 35 of the Isle of Man Strategic Plan. Other Matters
- 6.12 Comments received by The Laxey and Lonan Heritage Trust, did initially raised some concern, namely of the potential impact upon the water supply pipe which feeds the Snaefell Water wheel which allows it to rotate. Accordingly, the applicants/agent where asked to investigate this matter further, which they did. They identified the location of the pipes, sought advice from the persons who installed said pipes and consequently amended the plans to incorporate a new manhole cover within the ground floor (men's toilets) which can be accessed when required. Accordingly, it is considered that the development can take place without affected the water supply either now or in the future.
- 6.13 In terms of concerns made that visitors will cross the road to use toilets from the coach park. It is noted there is a Zebra Crossing close by. Further, visitors will likely already cross the road to see the Laxey Valley Gardens and the two attractions (Laxey Mines Railways & Snaefell Mine Waterwheel). Accordingly, it is not considered the development would result in adverse impacts to pedestrians/highway safety.

## - 7.0 RECOMMENDATION

7.1 It is therefore recommended that the planning application be approved. 8.0 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.

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 : Permitted Committee Meeting Date: 28.05.2019 Signed : L Kinrade Presenting Officer Further to the decision of the Committee an additional report/condition reason was required.

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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