Officer Report

Application No.: 25/90686/B Applicant: Mr Stephen Thatcher Proposal: Siting of mobile sauna Site Address: Far End Of South Laxey Promenade Laxey IM4 7DD Principal Planner: Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 02.09.2025 _________________________________________________________________

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. No development shall take place until details of the hard landscaping works including fencing or any other works. The hard landscaping scheme shall be completed in full accordance with the approved details within three months of the mobile sauna operating from the site.

Reason: To ensure the provision of an appropriate landscape setting of the site which is within a Conservation Area.

• C 3. For the avoidance of doubt access to the neighbouring development/site "Cliffside and End Café" shall be retained and available for use.

Reason; To ensure the neighbour site can be development and in the interest of the visual amenities of the area/Conservation Area.

This application has been recommended for approval for the following reason.

Overall, it is considered that the proposal would comply with the relevant planning policies of The Isle of Man Strategic Plan (20th June 2016), Area Plan for the East, Planning Policy Statement 1/01 and Section 18(4) of the Town and Country Planning Act (1999) having no significant adverse impacts upon public and private amenities or impacts the character and appearance of the Conservation Area for the reasons set out in this report.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 31.07.2025 and 11.08.2025.

_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No Objection DOI Flood Risk Management - No Objection Local Authority - No Objection It is recommended that the owners/occupiers of the following properties NOT should be given the Right to Appeal because: Lewins Cottage Glen Road Laxey (owners/occupiers of The Shed) - No objection

_________________________________________________________________ Officer’s Report

1.0 THE SITE - 1.1 The site is a parcel of land at the south western end of Laxey Promenade. The site approximately 0.5 hectares in size and rectangular in shape. The Laxey Promenade (forms part of the Raad ny Foillan footpath) runs on the seaward side (southeast) of the site. This roadway continues from the promenade to the northeast, in single vehicle width form (approximately 4m wide) along the entire length of the site ceasing at the neighbouring site "Cliffside And End Café" which approval (PA 17/00006/B) has commenced for erection of four dwellings (works appeared to have cease following landslide). Double yellow lines are painted on the landward side of this stretch of this section of the Promenade roadway, although it should be noted that there is a no entry sign for motor vehicles located adjacent near to "The Shed" café and public toilets and therefore vehicles are not permitted within the majority of the site. The majority of the site is made up as public open space and has open grassed areas and picnic tables.

2.0 PROPOSAL - 2.1 The application seeks approval for the siting of mobile sauna within the site. The proposal indicates the mobile sauna would be located to the southern corner of the site, essentially at the end of the Promenade roadway. The sauna sites on a trailer with wheels and can be moved by any appropriate vehicle. The applicants indicate the sauna is smaller than the average ice cream can and would require no more than a single parking space at the end of the promenade. - 2.2 In support of the application the applicants comment; "Via a small, dedicated team we provide organised runs, glen walks, fitness activities, incentivised physical development, sea dips, and charity fundraising drives with a strong emphasis on advertising local businesses. The membership of which, has grown significantly over the past year to 1,000+ members and we have raised funds for several Manx charities including Isle Listen, and provided support for other wellness clubs, such as the Manx Bluetits and Northern Dippers. Our aim in conjunction with the current commercial tenants within Laxey village and promenade is to enhance our offering to the community and tourists via the provision of a sauna and related amenities in Laxey." - 2.3 And "Riversea Sauna hopes to provide a unique and relaxing experience to the residents and visitors of Laxey. Operating in the designated area of the Promenade outlined below, we will

offer sauna sessions during the preferred hours of the Commissioners for example; 09:00 18:00 on a weekday and 09:00 - 19:00 on a weekend if approved or preferred. Our primary focus based upon location is to ensure no noise disturbance to residents, a complimentary relationship with The Shed and the Laxey Beach Stop Café to avoid taking up premium car parking space on the promenade."

3.0 PLANNING POLICY - 3.1 The application site is within an area designated as being an area of "Mixed Use" under the Area Plan for the East. The site is within a Conservation Area, nor within an area identified as being of "High Flood Risk" (DOI - Flood Risk Viewer). - 3.2 Due to the zoning of the site, and the nature of the proposed development, the following Planning Policy is relevant in the consideration of the application:- - 3.3 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."

3.4 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan." - 3.5 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." - 3.6 Environment Policy 35 states: "Within Conservation Areas, the Department will permit only development which 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." - 3.7 This echoes the policies of Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man. - 3.8 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of

preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act".

- 4.0 PLANNING HISTORY

4.1 There are no previous planning applications which are considered relevant in the assessment and determination of this application. - 5.0 REPRESENTATIONS

5.1 Highway Services (DOI) do not objection making the following comments (04.08.2025); "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking."

5.2 Flood Risk management Division (DOI) do not objection making the following comments (05.08.2025); "The proposed site is subject to wave overtopping but due to the nature of the business I believe that it will not be operating during extreme weather conditions." - 5.3 Senior Registered Building Officer (DEFA) comments (08.08.2025); "This application proposes the siting of a mobile sauna towards the southern end of Laxey Promenade, near the southern boundary of the Laxey Conservation Area. The site is adjacent to the Cliffside and End Cafe site that has been the subject of a landslip in recent years. The promenade portion of the conservation area includes open grassed areas, cafes, the promenade roadway and the pedestrian walkway adjacent to the sea wall and beach. Given the modest scale of the proposed sauna, and the material finishes includes stained timber and glass, I judge that the proposal would cause no harm to the character and appearance of the conservation area. The proposed use of the building, closely associated with sea bathing, is also one that I consider to be an established historic use of this portion of the conservation area, and I therefore consider there to be no potential harm to the conservation area's character as a result of the use." - 5.4 Garff Commissioners do not oppose (08.08.2025). - 5.5 The owner/occupier of Lewins Cottage Glen Road Laxey (owner of The Shed) supports the application commenting (25.08.2025); "We are writing in support of the planning application for a mobile sauna in Laxey. As the owners of The Shed, a local business operating near the proposed site, we welcome this initiative and believe it will provide a valuable addition to the area without creating any negative impact on existing businesses.

The mobile sauna represents a unique wellbeing opportunity for both residents and visitors, enhancing the quality of experiences available in Laxey. It is situated safely and sensibly "out of the way," ensuring minimal disruption while adding to the area's attractiveness as a destination.

This proposal also aligns strongly with Visit Isle of Man's strategic objectives of diversifying and strengthening the tourism offering. While we are aware that there is another mobile sauna in operation, the key difference with this application lies in the regularity and consistency it will provide. We also believe healthy competition encourages innovation and growth, ultimately benefitting the local community and visitors alike.

In our view, the introduction of this mobile sauna will contribute positively to the wellbeing of residents, support the visitor economy, and strengthen Laxey's position as a destination with distinctive, high-quality experiences.

We therefore fully support this application and urge the Planning Department to grant approval."

- 6.0 ASSESSMENT

6.1 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application;

• (a) Statutory test
• (b) Principle of development;
• (c) Potential impact upon the visual amenities of the Conservation Area;
• (d) Potential impact upon neighbouring amenities; and
• (e) Potential impact upon highway safety.

- 6.2 CONSERVATION AREA STATUTORY TEST

• 6.2.1 Prior to the assessment elements of this application, it is necessary to apply the Conservation Area statutory test as referenced in section 4.4 of this assessment on whether the proposal would preserve or enhance the Conservation Area.
• 6.2.2 In relation to the mobile sauna, as outlined in the proposal section and as described in its name, the proposal is movable and while it's while it will be kept onsite for periods, it is not a permanent structure on the site. Comments from the Senior Registered Building Officer are noted and agreed with. The proposal is an ancillary feature that is being more common in such seaside locations and its small scale/size and location at the end of the promenade (end of Conservation Area) will ensure the character and quality of the Conservation Area are protected.
• 6.2.3 Overall, it is considered the proposal would not have any adverse impact on the character and appearance of the Conservation Area; having a neutral impact (i.e. preserve).

- 6.3 PRINCIPLE OF DEVELOPMENT

• 6.3.1 As indicated within the 'Planning Policy' section of this report, the site is designated as "Mixed Use" under the Area Plan for the East; therefore it is considered that the principle of the development is acceptable. It is noted that the site is used as public open space (was designated as such under the now superseded Laxey and Lonan Local Plan), albeit the land use designated now is "Mixed Use" which perhaps is not ideal. However, the proposal would provide a facility which is compatible with nearby uses (i.e. sea swimming, cafés & public toilets) and while the parking of the mobile sauna would result in the loss of some public open space, it is a very small proportion and its benefits outweigh any harm.

6.4 POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE CONSERVATION AREA

• 6.4.1 The Planning 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 (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. Further, Section 18(4) of the Town and Country Planning Act (1999) as mentioned above, also requires that the desirability of preserving or enhancing its character or appearance in the exercise.

• 6.4.2 For the reason outlined previously (par 6.2.1 to 6.2.3) it is considered the proposal are acceptable and would preserve the character and appearance of the Conservation Area complying with Environment Policy 35 of the IOM Strategic Plan and Planning Policy Statement 1/01.

6.5 POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES

• 6.5.1 Generally when considering potential impacts of a development upon neighbouring amenities the key considerations are loss of light, overbearing impacts upon outlooks and/or overlooking resulting in a loss of privacy.

• 6.5.2 The properties most likely to be affected by the proposal are those four dwellings which have not been completed at the "Cliffside and End Café" (PA 17/00006/B). Should works re commence on the site then the mobile sauna would have to be re-sited on the site to enable access to this uncompleted development. It should be noted the re-positing of the mobile sauna within any part of the site would unlikely cause any concern.

• 6.5.3 The use of the sauna would not raise any significant concerns, given it modest size. Furthermore, it needs to be acknowledged by any local residents of the area that Laxey Promenade and public open spaces already encourages visitors to the area, which in turn can bring elements of noise and disruption. It is not considered this proposal would add to this existing situation to a level that would warrant a refusal.
• 6.5.4 Overall, it is considered the proposal would not have any significant adverse impacts upon neighbouring amenities and comply with General Policy 2 of the IOM Strategic Plan.

6.6 POTENTIAL IMPACTS UPON HIGHWAY SAFETY/PARKING PROVISIONS

• 6.6.1 In terms of highway safety, Highway Services have raised no objection to the proposal.

• 6.6.2 Visitors of the mobile sauna are encouraged by the applicants to travel by public transport/electric tram or walk to the site. It is noted that a number of person visiting the sauna do so after swimming in the sea and therefore are already in the area irrespective of the sauna being in place. However, as mentioned the size of the sauna is such that it is unlikely to generate a significant level of traffic to the area, above what current exists. There is public parking along the Promenade as well as a public car park nearby as well.

• 6.6.3 Overall it is considered from a highway perspective and parking provisions the proposals would comply with General Policy 2 and Transport Policy 4 & 7 of the IOM Strategic Plan.

6.7 OTHER MATTERS

• 6.7.1 The write statement submitted as part of the application indicates that; "Furthermore, the plan would be to enhance the natural landscape with the permission and oversight of Garff Commissioner's and the Department of Infrastructure, to screen the metal fencing currently in place with wooden boards decorated to match the surrounding landscape and be aesthetically pleasing to the eye."

• 6.7.2 The Department sought additional details of the proposed works and the applicants responded; "There is currently a small lollipop fence (within the Heras screened fencing which has been installed to close off the site). We have proposed to install a similar style lollipop or dog-ear fence that would screen the Heras fencing (we have been informed by the Commissioner's that the Heras fencing should remain in place). I have attached a Screenshot of both fence styles for ease of reference.

Dimensions, which would be subject to approval/change, would be based upon the following as a guideline:

• o 6ft to 8ft in height to screen the Heras fencing and the backdrop land
• o 6-inch fence panel width
• o 0.5-inch to 1.00-inch panel thickness

We have proposed to the Commissioner's a few options on the decorative aspect, not limited to but including the following:

• o Planters could be placed along the ground edge of the fencing with shrubbery to complement the surrounding landscape, with the fence stained/painted a colour that would also complement the surrounding area
• o A specific Laxey beach mural could also be considered to draw attention away from the fenced-off land We have stated that this would be considered a joint venture between the Commissioner's and
• ourselves to ensure the fencing and decorative aspects meet the satisfaction of the Garff Board and Planning."

• 6.7.3 Accordingly, a condition should be attached which seeks details be submitted to the department prior to any commencement on site.

7.0 CONCLUSION 7.1 Overall, it is considered that the proposal would comply with the relevant planning policies of The Isle of Man Strategic Plan (20th June 2016), Area Plan for the East, Planning Policy Statement 1/01 and Section 18(4) of the Town and Country Planning Act (1999) having no significant adverse impacts upon public and private amenities or impacts the character and appearance of the Conservation Area for the reasons set out in this report.

7.2 It is recommended that the application be approved. - 8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

8.2 Article A10 sets out that the right to appeal is available to:

• o applicant (in all cases);
• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.

8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative.

8.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make

comments in a professional capacity they cannot be given the Right to Appeal.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made : Permitted Date: 03.09.2025

Determining Officer Signed : J SINGLETON Jason Singleton

Principal Planner

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