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Application No.: 17/00942/B Applicant: Douglas Borough Council Proposal: Erection of building containing public conveniences to replace derelict underground toilet facilities Site Address: Public Conveniences Marathon Terrace Queens Promenade Douglas Isle Of Man IM2 4NH Case Officer : Mr Chris Balmer Photo Taken: 21.09.2017 Site Visit: 21.09.2017 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 06.10.2017 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
Reason: To ensure the provision of an appropriate finish of the building and to protect the visual amenities of the conservation area.
This approval relates to drawings reference numbers E&R 17 004 1001 A, E&R 17 004 1002 A, E&R 17 004 1003 A, E&R 17 004 1004 A and E&R 17 004 1012 A all received on 5th September 2017.
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):
4 Port Jack, Onchan 4 Royal Avenue West, Onchan _____________________________________________________________________________
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 former underground Public Conveniences along Queens Promenade and to the southeast of Marathon Terrace within Douglas. The site current includes the entranceways (staircase) to the two former male and female underground toilets surrounded by gardens with the exception of a public footpath which runs from the Promenade Walkway though the site to the Queens Promenade carriageway.
2.0 THE PROPOSAL - 2.1 Full planning approval is sought for the erection of building containing public conveniences to replace derelict underground toilet facilities. The building would have a low angled hipped roof with a sedum roof finish and a mixture of painted render plinth and Manx stone cladding to walls. southeast & northwest elevations are proposed to have historical artwork/photographs (3m x 2m) attached to them. - 2.2 The applicants have confirmed that the proposed 'historical artwork' is to be images & text referencing the surrounding area (horse trams, internment camps etc.) and there is not going to be any advertisement incorporated into the artwork whatsoever. - 2.3 Douglas Borough Council carried out a Douglas Town Centre Toilet Review, the main finding from this review is the lack of facilities between the Villa Marina and the Terminus Tavern. From this review they looked into re-opening the underground toilets but the following issues meant this was not feasible. - 2.4 The applicants stated that the existing underground toilets are disused and in a state of disrepair. They also indicate that there is no disabled access to them as there are two set of stairs and they are also classes as 'confined space' and ventilation of the toilets are not suitable. There are also many cracks which cause the toilets to be constantly flooded. Finally, one reason the toilets were originally closed was because of the anti-social behaviour taking place and there are concerns this could happen again if they were to open them again. Accordingly, these are the reason why the current application has been proposed on this site.
3.1 The following previous planning applications are considered relevant in the determination of the proposed planning application: - 3.2 Approval in principle for the erection of male/female and disabled toilet block, Queens Promenade, Douglas - 97/01542/A - APPROVED - 3.3 Erection of replacement public toilets, Queens Promenade, Douglas - 98/00937/B REFUSED for the following reason:
"R 1. The design of the building as proposed is not of a standard appropriate to its location and whilst accepting the general form and massing, it would benefit from greater attention to detail. Any future proposal should be one which restricts the exterior walls to brick only, should incorporate modelling to the blank walls with moulded brick edges and the applicant should consider the use of "Victorian" cast iron work."
4.1 In terms of the current land use designation the site is identified as being an area of 'Public Open Space' and as a 'Principal Traffic Route' under the Douglas Local Plan Order 1998 (See Appendix 2). The site is within the Douglas Promenades 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:
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:
5.1 Douglas Borough Council does not object (22.09.2017). - 5.2 DOI Highway Services confirmed no highway interest (06.10.17). - 5.3 The owner/occupier of 4 Port Jack, Onchan (also occupies 2 Marathon Terrace) objects to the application which can be summarised as (01.10.17); application 10 years ago was refused for new toilets; the proposal will look unsightly and interrupt the beautiful view from many people properties of the sea an main promenade; we currently operate a hairdressers at
2 Marathon Terrace and we allow people to use our toilets when asked which is very rare; there are facilities at the Terminus Tavern Pub approx 500 yards away; the underground toilets closed 25-30 years ago and have hardly been missed; and could the sewerage pumping station building 150 yards north of the site be used to accommodate the toilets.
5.4 The owner/occupier of 4 Royal Avenue West, Onchan objects to the application which can be summarised as (28.09.17); application 10 years ago was refused for new toilets; the proposal will look unsightly and interrupt the beautiful view from many people properties of the sea an main promenade; I have lived, worked and own a property on Marathon Terrace and I know hardly anyone has missed those old public toilets closed 25-30 years ago; there are facilities at the Terminus Tavern Pub approx 500 yards away; and could the sewerage pumping station building 150 yards north of the site be used to accommodate the toilets which would be a cheaper option.
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 As indicated previously the site is designated as Public Open Space and it could be argued that the proposal represent a loss of such space. Recreation Policy 2 indicates that 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. - 6.3 It is considered the proposal for public toilets with a modest footprint of 3m x 3.4m does not represent a significant loss of open space provision (0.4%), while it does reinstate public facilities to this area of the promenade which have not had such facilities for a number of decades. Accordingly, it is considered the application would comply with Recreation Policy 2. 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 2016). 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 proposal is a modest building in terms of footprint and size/height and the use of Manx stone and sedum roof are quality finishes which would complement the Promenade. - 6.6 The application has been discussed with the Conservation Officer who has no concerns with the proposal. - 6.7 The design and finish is of a high quality and its size and mass would also help the building fit within the area. 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. The proposal therefore complies with Environment Policy 35 of the IOM Strategic Plan.
7.1 The use of a mixture of traditional finishes with a more contemporary roof finish and a modestly sized building in the manner proposed by the application is acceptable and therefore 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 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:
8.2 The Planning Committee must determine:
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: 16.10.2017
Signed : C BALMER Presenting Officer
Signatory to delete as appropriate YES/NO See below
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Application No. : 17/00942/B Applicant : Douglas Borough Council Proposal : Erection of building containing public conveniences to replace derelict underground toilet facilities Site Address : Public Conveniences Marathon Terrace Queens Promenade Douglas Isle Of Man IM2 4NH Presenting Officer : Mr Chris Balmer (correct manually if not the case officer)
Following discussion, the Members determined that the following person also not be accorded Interested Person status;
Owner/occupier, 5 Marathon Terrace, Onchan
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.
Reason: To ensure the provision of an appropriate finish of the building and to protect the visual amenities of the conservation area.
This approval relates to drawings reference numbers E&R 17 004 1001 A, E&R 17 004 1002 A, E&R 17 004 1003 A, E&R 17 004 1004 A and E&R 17 004 1012 A all received on 5th September 2017.
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