Officer Report

Application No.: 18/00483/B Applicant: Public Estates & Housing Division Proposal: Reduction in height of existing boundary wall Site Address: Boundary Wall Adjacent To Goods Shed Manx Electric Railway Buildings New Road Laxey Isle of Man Case Officer : Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 11.06.2018 _________________________________________________________________

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.

Plans/Drawings/Information:

This approval relates to the submitted documents and drawings reference number 01 all received on 3rd May 2018. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the a parcel of land which is adjacent to the Goods Shed which serves the Manx Electric Railway along the eastern side of New Road in the centre of Laxey

Village. Within the site is a approximately 2.2m to 2.6m high wall (blockwork construction finished on the roadside elevation with main cladding and render).

2.0 THE PROPOSAL - 2.1 The planning application seeks approval for reduction in height of the majority of the existing boundary wall by approximately 1.3m.

3.0 PLANNING HISTORY - 3.1 The application site has not been the subject of any previous planning applications.

4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site is within an area recognised as Land for Railway Purposes and Public Transport within Laxey's Conservation Area under the Laxey and Lonan Area Plan Order 2005 Map No. 1. There is one policy within the written statement that accompanies the local plan, considered specifically material to the assessment of this current planning application: - 4.2 Policy L/CRB/PR/4 states: "Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications within the area, to the desirability of preserving or enhancing its character or appearance in accordance with the Town and Country Planning Act 1991 (12.(4)." - 4.3 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains three policies that are considered specifically material to the assessment of this current planning application: - 4.4 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."

4.5 Environmental 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."

5.0 REPRESENTATIONS 5.1 Highway Services indicate that they have no highway interest in the application (04.06.2018).

6.0 ASSESSMENT - 6.1 As the application site is within a Conservation Area it is important that the works either preserves or enhances the Conservation Area and does not cause a damaging and detrimental impact to the individual building also. Therefore Environment Policy 35 is most appropriate to use in the assessment of this current planning application. - 6.2 The proposed works are relatively modest and essential would open the site currently behind the wall more from public views from New Road. The buildings behind this wall which would become more apparent is a blacksmiths building which has an architectural and social interest and therefore the reduction of the wall would be beneficial. Further the neighbouring site has permission to be used as a exhibition site (associated with the Manx Electric Tram) and again this will become more publically viewable which would add interest visual to the area and in turn make this attraction more obvious.

7.0 CONCLUSION - 7.1 Overall, it is concluded that the planning application is in accordance with General Policy - 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016.

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 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.

I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 13.06.2018 Determining officer Signed : J CHANCE Jennifer Chance Director of Planning and Building Control

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