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Application No.: 17/00828/B Applicant: Garff Commissioners Proposal: Installation of replacement street lighting Site Address: Mines Road From Junction With New Road To Its Junction With Agneash Road Laxey Isle Of Man Case Officer : Mr Jason Singleton Site Visit: 01.02.2018 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 13.02.2018 _________________________________________________________________
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.
This approval relates to drawings referenced PA160325/2 RevB date stamped received 3rd August 2017 and trade literature received on 7th February 2018.
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 owners of 2, Glen View, South Cape as they are not sufficiently close to the site to be directly affected by the development.
_____________________________________________________________________________ Officer’s Report THE APPLICATION SITE
1.1 The application site runs part the length of mines road, Laxey, which starts at the highway junction Laxey New Road and extends north towards Laxey Wheel / start of Agneash, approx. 650m long. - 1.2 The area is characterised by a mixture of terraced properties (Dumbells Terrace/ Ham and Egg Terrace) and semi-detached dwellings on the west side of the highway with parallel parking to the fronts of the properties. On the east side of the Highways is a mixture of vehicle parking, picnic benches, gift shop and boundary hedging. In places the road narrows to single vehicle width. The application site sits within Laxey Conservation Area as designated in 1990. - 1.3 The existing lighting in the area is attached to the timber Manx Utility Poles and is located at sporadic locations along the length. At present there are 7No existing wall/pole mounted light fittings along Mines Road and one existing public lighting column to the south of the car parking area on the road junction of Glen Mooar illuminating the road junction. - 1.4 To further understand the context of the site, a site visit was also carried out at night time along Mines Road and also Glen Mooar Road which confirmed that along Mines Road the existing lightings is very dimly lit, and other lighting was observed from the residential properties along its length. At the highways junction there is better lighting. PROPOSAL
2.1 Proposed is the replacement of 18 street lighting columns and 19 ornamental light fittings with LED fittings in compliance with BS 5489-1:2013 Code of practice for the design of road lighting. Lighting of roads and public amenity areas. - 2.2 Each column would measure 6m in height with decorative finials on top. Each column would feature a single canter leaver arm onto which is attached one ornamental light fitting. - 2.3 The fitting would give a dedicated downward lighting through a pendant style of light. The lighting columns would be spaced at regular intervals of around 40m. The luminance ranges from 28w around residential areas, and 40w around the junction of Laxey New road and the parking areas. The application is accompanied with an outdoor lighting report dated 7th February 2017, which has modelled the site with the proposed lighting in place, identifying the extents of the lighting, lux contours and its illumination levels.
2.2 For reference, under permitted development, parts of the proposed works are to remove the existing overhead wires currently affixed to the poles and place these cables underground. PLANNING HISTORY - 3.1 The application site has not been the subject of any previous planning application that is considered specifically material to the assessment of this current planning application.
3.2 Laxey Regeneration scheme - 12/00514/B - Realignment and replacement of railway lines, power supply posts and overhead power wiring, improvements to pedestrian access to station, re-grading of south end of Rose Garden to provide ramped access to station, replacement of ground finish to station pedestrian areas, formation of public square at Whitehouse Close with stone paving, lighting and site for central work of art. APPROVED. PLANNING STATUS - 4.1 In terms of local plan policy, the application site is within an area zoned as "Residential" identified on the Laxey Local Plan 2005. The property sits with the Laxey Conservation area.
4.2 As the proposal is for the replacement of the existing infrastructure, there are no specific planning policies for them, however the general considerations for development in areas of residential are set out in the specific parts of General Policy 2; the impact of any lighting pollution is addressed at Environment Policy 22 and as the site is within a conservation area, EP 35 of the Strategic Plan 2016 and which are considered specifically material to the assessment of this application;
4.3 General Policy 2 (in part): (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; (g) does not affect adversely the amenity of local residents or the character of the locality,
4.4 Environment Policy 22 (in part): Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: …iii) vibration, odour, noise or light pollution. - 4.5 Environment Policy 35: 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.
REPRESENTATIONS
5.1 Garff Commissioners have no objection (25/08/17)
5.2 Highways Services have commented and confirm there is no Highways Involvement in the proposal (05/09/17)
5.3 DEFA Fisheries division have no objections to the proposal. (01/09/17) - 5.4 DEFA Biodiversity Officer has commented (30/08/17) regarding "Daubentons" bats in the area at the junction of the Mines road and Laxey river and the potential for light spillage. The specific locations are at P12, P13 and into the Mill pond, P15. In these areas it is advised there should be a very low level of lighting (preferably none) over the water. - 5.5 A resident from Laxey has commented (17/08/17) to object as the proposal is within a conservation area and LED lighting is very bright focused light which results in more lighting columns to provide adequate coverage. The application would introduce a huge amount of street clutter on pavements that are not wide enough or well maintained. There are no lighting levels being proposed which could be detrimental to those occupants within the streetscene. The application is over the top and damaging to the appearance of the streetscene, and poses
a traffic hazard as people will not be able to distinguish between these and oncoming car lights.
ASSESMENT
6.1 The fundamental issues to consider in the assessment of this planning application are;
6.2 In considering the proposal the proposed infrastructure or street furniture is not considered to be of a design or appearance that would be considered to be detrimental to the streetscene. The physical factors will give a uniform appearance throughout Mines Road which would be seen as complementary to the previous regeneration scheme within the village helping to "tie" both parts together leading up to Laxey Wheel. It was noted from the site visit, the same style of lighting columns and pendant lighting is seen within Laxey village in the public areas (5 were counted) but also around the railway station and track line, albeit these are larger pendant light and are painted green to fit in with the character of the railway station.
6.3 The positioning of the poles on either side of the road has been chosen to give efficient distribution of lighting to the area and also to ensure there are no lighting columns placed where they would inadvertently affect the residential amenity of individual properties, addressing the concerns of the local resident. In these locations lighting is place on the boundary between the properties within the footpath. It is within the areas of P5-P10 and P1718 where they are adjacent to residential properties where the greatest benefit will be gained. Adding lighting to residential areas can often establish a sense of place, formalising an area and inadvertently helping to improve road safety and pedestrian use. Effective street lighting can help provide positive feelings of warmth, security and personal safety. By adding a degree of lighting would help improve the feel of an area, particularly at night time. - 6.4 The issue raised by Department of Environment, Food and Agriculture’s Senior Biodiversity Officer has been taken into account and the applicant has been engaged in discussion with Dr Selman and advised; in those area of concern external lighting shields can be fitted (as indicated within the trade literature supplied by the manufacturers) to focus the lighting onto the road and to ensure there is no back lightings towards the rivers and ponds. The reason for this is offer a degree of protection for "Daubentons" bats that are noted in the area around the river and pond. Dr Selman further notes (14/02/18) the lights in the area of the brooghs by the coach park and the river can be fitted with shields. The lamp near the pond does not seem to be a concern based on the modelling. In this instance, the issue can be bolstered with a planning condition as it is only applicable to a small section of the proposed scheme, specifically at lighting points P13 near the river and P15 near the mill pond. An appropriate worded condition will ensure that lighting in this area is subdued to ensure no or minimal impact is caused to the specific bats in the area near water. - 6.5 The proposed lighting would be utilising modern LED lighting technology that is more energy efficient, have longer operational life and is controllable to allow the design of lighting to focus on where it is needed. Given the area and location of installations this is seen as a welcomed benefit to pedestrians and vehicle users. It is further noted the Highways Authority do not object. - 6.6 Given the above, it is not considered the installation of a lighting column and fittings are considered to be detrimental or have an adverse effect and would be in compliance with those parts of GP2. However, at night-time the function of the lighting proposal is where the greatest impact can occur which could lead to a degree of harm which is specifically addressed by EP22 below.
6.8 As there is no clear guidance or protection for light pollution on the Isle of Man (light is not considered a statutory nuisance in IoM) and following discussions with DEFA's Environmental protection unit (13/02/17), there have no enforcement powers to take action. There is a slight degree of protection that can be enacted under the Public Health Act 1990, and enacted through each of the Local Authorities. - 6.9 In cases such as these, information is sought from professional guidance documentation such as;
6.10 Considering the design of the lantern lights, these pendent lights feature a wide rimmed top cover to ensure the lighting is directed downwards to prevent any direct upward lighting. There will be a degree of spill lighting as shown in the Outdoor lighting report, 2017, but the inherit design and nature of the lighting will ensure there is minimum levels of light spill and glare. The lighting levels from the report identify 3 measurers of lighting in lux levels (a lux level is the unit of measurement for the amount of light intensity falling on a surface) from each lantern. The immediate focused lighting area would be 5.63 lux on the road, this would radiate outwards to 3.75lux and then 0.75lux. For context 10 lux is the equivalent to twilight. The level of illumination proposed would be appropriate for street lighting in this semi-rural area. - 6.11 A light spillage plan has been submitted with the application, which demonstrates that the light intensity at each location as described above. Any issues of backlighting can be addressed through the installation of external lighting shields at specific locations by the applicant, in this case the local authority, Garff Commissioners to mitigate the issue. - 6.12 The only objection received was from a resident of Laxey whose comments were taken into consideration. It was further noted they do not live in the immediate area or adjoin the application site. In this case, given the proposal has been prepared by the specialists from the Manx Utility Authority and has been design in accordance to the British Standard for Lighting of roads and public amenity areas. On balance, it is considered the proposed street lighting will not have any detrimental impact on the residential amenity or highways users, nor are the luminance levels proposed likely to have a material adverse impact while fulfilling the functional needs of the scheme, which would not be considered contrary to EP22.
7.1 For the above reasons, it is concluded that the planning application would not harm the use and enjoyment of neighbouring properties or the highway network and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016 and is recommended for approval. INTERESTED PERSON STATUS - 8.1 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 It is not considered the resident from 2 Glen View, South Cape Laxey is not afforded party status as they do not adjoin any part of the application site. - 8.3 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 Interested Person Status.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date: 06.03.2018 Determining officer
Signed : S CORLETT Sarah Corlett Senior Planning Officer
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