Officer Report

Application No.: 17/01290/B Applicant: Manx Utilities Authority Proposal: Construction of service bridge on west (upstream) side of existing stone bridge Site Address: Bridge - Laxey River Mines Road Laxey Isle Of Man Case Officer : Mr Owen Gore Photo Taken: 13.12.2017 Site Visit: 13.12.2017 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 28.02.2018 _________________________________________________________________

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 sample of the proposed natural slate has been submitted and a sample panel of the external facing stone to be used has been erected on site, and both have been approved, in writing, by the Department. The approved sample panel shall be kept on site for reference until the development is completed. The development shall thereafter be carried out in strict accordance with the approved details.

Reason: In the interests of maintaining the character and appearance of the site and surrounding area and the Conservation Area in accordance with General Policy 2 and Environmental Policy 35 of the Isle of Man Strategic Plan 2016.

• C 3. All work of making good the existing stonework shall be finished to match exactly the existing building fabric in respect of type, size, colour, bond, pointing, coursing, jointing, profile and texture.

Reason: In the interests of maintaining the character and appearance of the site and surrounding area and the Conservation Area in accordance with General Policy 2 and Environmental Policy 35 of the Isle of Man Strategic Plan 2016.

• C 4. No development shall commence until a method statement containing details of the proposed construction methods and a scheme of protection for the watercourse, river banks and the fish population has been submitted to and approved in writing by the Department. The

statement shall identify matters of ecological interest within the site and measures to mitigate ecological impacts where appropriate, including a timetable for their implementation. The development shall not be carried out except in strict accordance with the approved details.

Reason: To provide adequate safeguards for the watercourse, the fish population and any other ecological species existing on the site in accordance with General Policy 2 and Environmental Policy 7 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This Planning permission relates to the following plans and documents: -

• Dwg No. 100 Rev P3 - Location Plan
• Dwg No. 101 Rev P2 - Existing Plan and Sections
• Dwg No. 102 Rev P2 - Proposed Works Plan
• Dwg No. 103 Rev P3 - Proposed Works Section Date stamped as having been received 15 December 2017

Completed Development within 9m of a watercourse form Received by email 8 January 2018 _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ Officer’s Report THE SITE

1.1 The site is a stone bridge over Laxey River that forms part of Mines Road. To the north of the bridge is the Ballacregga Tea Rooms which is part of the Salmon Lake Centre. The site is within the Laxey Conservation Area. On the western elevation of the bridge, there is an existing pipeline attached to the side, below the level of the highway; this pipeline has been fixed to the side of the bridge and encased in concrete. THE PROPOSAL - 2.1 The proposal is to add to the existing pipeline and increase the number of services that are attached to the outside of the bridge. PLANNING POLICY - 3.1 The application site appears to be included as part of the 'Light Industrial Use' designation applied to the Salmon Centre, under the Laxey and Lonan Area Plan Order Map No. 1. The application site is within the Laxey Conservation Area.

3.2 The Strategic Plan 2016 contains two policies that are considered specifically material to the assessment of this current planning application. - 3.3 The relevant extracts from General Policy 2 state: '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:

• (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 the amenity of local residents or the character of the locality'.

3.4 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'. - 3.5 Environment Policy 7 states that "Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which would not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:

• a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality;
• b) details of pollution and alleviation measures must be submitted;
• c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and
• d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species".

PLANNING HISTORY

4.1 The previous planning applications are not considered to be specifically material in the assessment of the current application. REPRESENTATIONS - 5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that there is no highways interest in the letter dated 12 January 2018.

5.2 Garff Commissioners have commented on this application and stated that they do not object in the letter dated 21 December 2017.

5.3 The Fisheries Directorate within the Department of Environment, Food and Agriculture offered no objection to the proposal, providing there was to be no adverse effect on the adjacent watercourse. They have requested that further details be submitted regarding the proposed construction methods, in particular the means by which the applicant will protect the fish population within the river whilst the works are being carried out (03.01.18 and 11.01.18). ASSESSMENT - 6.1 The proposal is improvement works to the existing services on the site and includes the bridge itself over the watercourse and an area at each of the banks. The Fisheries Directorate within DEFA have commented on the application and have not objected, indicating that the development would not cause demonstrable harm to the watercourse and would not adversely affect the protected wildlife or locally important habitats on the site, subject to the submission and approval of a method statement.

6.2 Environment Policy 7 states that the development will not normally be allowed within 8 metres of any watercourse. It is considered that maintenance and improvement works to an existing would be a reasonable exception in this case.

6.3 There is an existing pipeline carrying services that attached to the side of the bridge and despite weathering and moss growth, the concrete surround has not softened enough to be considered visually in keeping with the stone. The proposal will be attached to the side of the existing pipeline, increasing the width of it. However to mitigate to visual impact of the

additional services, the proposal includes using facing stone and slate tiles to finish the pipeline externally that will in turn cover the existing concrete pipeline.

CONCLUSION

7.1 The development is not considered to cause demonstrable harm to the watercourse or adversely affect the protected wildlife or locally important habitats on the site, subject to the submission and approval of a method statement. In this respect, the proposal complies with General Policy 2 and Environment Policy 7.

7.2 The proposal would not unacceptably harm the characteristics of the existing building or the character of its surroundings. The proposed finishes are considered to be an improvement on the existing materials and therefore are considered to enhance the appearance of the Conservation Area. In this respect, the proposal complies with General Policy 2 and Environmental Policy 35.

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. 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: 01.03.2018 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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