DEC Officer Report

Application No.: 19/01008/B Applicant: Braddan Parish Commissioners Proposal: Erection of public toilets, seating area and canopy Site Address: Cronk Grianagh Park Strang Braddan Isle Of Man Planning Officer: Miss Lucy Kinrade Photo Taken: 13.11.2019 Site Visit: 13.11.2019 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 20.01.2020 _________________________________________________________________

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. The roof hereby approved shall be finished with a sedum roof in accordance with those details provided on drawing number 18/2680/10, unless details are otherwise approved in writing by the Department, and retained as such thereafter.

Reason: In providing a roof finish in keeping with the surrounding green open space in the interest of visual amenity.

Plans/Drawings/Information;

This approval relates to drawing numbers 18/2680/10, 18/2680/11, 18/2680/12 and 18/2680/15 all date stamped and received 10/09/2019. _______________________________________________________________

Interested Person Status – Additional Persons

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:

The Isle of Man Constabulary

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of the public park between Cronk Grianagh, Ballanawin and the River Dhoo. The site is around 9 acres and includes a skate park facility, a BMX track, children's play equipment, picnic tables and a number of footpaths within it circulating in and around the site. The land slopes towards the southwest and down towards the river.

2.0 THE PROPOSAL - 2.1 Full planning approval is sought for the erection of a toilet block and a concrete stepped seating area to the northern upper side of the skate park and central to the park as a whole. The toilet block is proposed to be 6.8m x 4.8m and to provide male, female and a disabled toilet. The four concrete steps are arranged like an amphitheatre stretching 14.5m wide and - 2m from bottom step to the top (500mm deep each step). Smaller steps are provided at each end for traversing up and down.

2.2 Both the toilet block and the external seating area are proposed to have a mono-pitch sedum roof finish forming a 'V' shape. At the lowest point the sedum roof will be 2.8m, at each end 3.5m high nearest the toilets and 7m over the concrete steps (taking into account the slope of the land). - 2.3 Included in the proposal is the formation of new footpaths within the park accessing the toilet block and seating and also forming a formal footpath access from the Heritage Trail running along the river.

- 3.0 PLANNING HISTORY

3.1 The skate park has recently been granted planning approval for an extension under PA

• 16/00789/B. The skate park was originally approved under PA 12/01186/B and the BMX track was approved under PA 11/01247/B.

- 4.0 PLANNING STATUS AND POLICY

4.1 The site is designated as Public Open Space on the Braddan Local Plan. As the proposal is for public toilets and a public seating area it is not considered to conflict with the land use and as such General Policy 2 of the Strategic Plan is applicable in the assessment in addition to Recreational Policy 2 and Appendix 6 which covers design considerations for open space and Community Policy 7.

4.2 General Policy 2 states (in part):

"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 watercourses;

• 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;

• 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;

m) takes account of community and personal safety and security in the design of buildings and the spaces around them"

4.3 Recreation Policy 2:

"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."

4.4 Design of public open space

A.6.9 "Both formal and informal open space should be designed as an integral part of the development so that it offers recreational value and visual relief and in some cases may provide the main focal point of the development. There is often local opposition to the provision of children's play spaces especially within new residential developments. Therefore it is essential that facilities be designed as part of a comprehensive approach to estate layout, which includes consideration of good neighbourliness, the need for adequate privacy and amenity for the occupiers of dwellings, road traffic and pedestrian activity and community safety. The following are also important considerations in the siting and layout of public open space which should:-

• o be defensible but not sited to cause a nuisance to dwellings;
• o easily maintainable;
• o be of sufficient size to be usable;
• o build upon existing linkages to provide green corridors;
• o incorporate existing landscape features;
• o provide appropriate children's play equipment in areas from which dogs are excluded, preferably by the use of fencing and dog proof grids, and
• o be of a design and layout to enable future adoption and maintenance by the Local Authority.

4.5 Community Policy 7:

The design of new development and the extension and refurbishment of existing buildings and development must, as far as is reasonably practical, pay due regard to existing best practice so

• as to help prevent criminal and anti-social behaviour.

5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 Braddan Parish Commissioners - no objection (07/10/2019).

5.2 DOI Highways Services- no highways interest (25/09/2019). - 5.3 Isle of Man Constabulary - No objection (17/01/2019)

• - the location of the development is within the middle of public open spaces which is situated within an area of domestic properties. The park is generally used by a diverse range of demographics from dog walkers to BMX and skate park users and the need for a public toilet is justified.

• - Public toilets can create security problems if not effectively managed, and there can be a fear of crime purely due to youths gathering, any potential criminal activity is likely to be at dark or where the public can't see, and these are continual risks and must be managed proportionately. The general operation would be down to the management in charge, but the Constabulary would recommend the toilets are locked at night.
• - Consideration should also be given to illumination of the seating/steps at dark by means of sensor lighting, which may discourage unlawful activity; the operator may also want to consider external CCTV.

- 6.0 ASSESSMENT

6.1 The proposal results in the loss of some of the visual green open space of the park, however its development is expected to provide an overall community gain in the provision of publically accessible toilets including for all and an purpose built area of seating with far stretching views over the skatepark and BMX track. The proposal is not considered to have an unacceptable effect on local open space or recreation provision.

6.2 The proposed development is visually striking with a modern amphitheatre band stand appearance. The park is bound by vegetation and trees along each of its borders and the central position of the structure is between 60m-110m away from the nearest residents of Ballanawin and Cronk Grainagh and further from the main Strang Road, with exception to those persons in the park the structure is unlikely to be prominently visible to anyone outside of the site, and from within the site its contemporary appearance is not expected to be out of character but to a degree in keeping with the concrete industrial quality of the skate park and perhaps a modern interpretation of a building expected to be found in such public park facilities. - 6.3 Often in the provision of public and recreational facilities such as play equipment in or close to residential areas there can be opposition from residents as to the potential for antisocial behaviour. The park has been long established as public open space and the skating, bmx and children play facilities have been in situ for a number of years with an expected level of activity, noise and interactions. - 6.4 The park is not currently facilitated by any public toilets, which for those living nearby is not so much of an issue but for those travelling from further afield they may be less inclined to stay for any lengthy periods of time. In the provision of toilets at the park it's likely that persons are going to stay for longer and the covered seating area providing some parents a sheltered viewing platform to watch over their children, during the day this is not so much of an issue, but turning to the evening and night-time hours the same facilities may encourage older children or adults to stay. This is a situation possible at any public parks or places, while there can be instances of antisocial behaviour, most reasonable person is generally respectful of others and the surrounding environment, but in any case most facilities are monitored by CCTV. The difference in the current site and parks such as Mooragh Park or Nobles Park is that the site is set back from the main road and only visible from within the site so may not be easily patrolled by police, although vehicle access can be achieved of Ballanawin for emergency purposes. - 6.5 Views in respect of the proposal were received from IOM Constabulary who on

• 17/01/2019. Their comments acknowledge the location being in an area of domestic properties

• at the park used by a diverse demographic and the need for a public toilets was justified. The Constabulary would recommend the toilets are locked at night and external CCTV be considered, however the general operation and security of the premises would be down to the management in charge and in this respect they had no objections to the application.

- 7.0 CONCLUSION

7.1 In view of the above, it is recommended that the 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 Planning Committee 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 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 : 29.01.2020 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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