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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 20/00158/B Applicant : Mr Graham Allott Proposal : Installation of a retaining wall Site Address : St Judes Lodge Old Laxey Hill Laxey Isle Of Man IM4 7BZ

Planning Officer: Mrs Vanessa Porter Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 07.04.2020 __

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.

Note Please be aware that any vegetation removal needed to facilitate the development of the retaining wall should be limited to what is required to erect the retaining wall and any other vegetation on site should be protected during the work. Should any vegetation to be cut or moved it should be retained and placed alongside a hedge if possible, as the vegetation could contain Dark Bush Crickets eggs for the next generation.

This is to assist in protecting the Dark Bush Crickets which are a Schedule 5 species, protected under the Wildlife Act 1990.

This application has been recommended for approval for the following reason. The works comply with General Policy 2 and Environment Policy 35 of the Strategic Plan and CA/2 of Planning Policy Statement 1/01.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 11th February 2020: o Drawing No. 18-036 01 - Site Plan

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o Drawing No. 18-036 10 - Gabion Retaining Wall Plan, Section & 3D vis o Planning Statement

This approval also relates to an email received on the 7th April 2020 which has details of the railings proposed.

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Interested Person Status - Additional Persons

None __

Officer’s Report

THE APPLICATION SITE

1.1 The application site is the residential curtilage of St Jude's Lodge, Old Laxey Hill which is a two storey dwelling with integral double garage.

1.2 Due to the topography of the site being situated close to a cliff edge directly above Back Shore Lane the property is situated on a relatively small plot compared with the size of the house.

THE PROPOSAL

2.1 The current planning application seeks approval to install a gabion baskets retaining wall which will be installed in 6 levels of the cliff face. The gabion baskets will measure individually from 1000mm by 500mm by 1000mm to 1000mm by 1000mm by 1500mm and will be anchored on three levels. The gabion baskets will be faced with Manx stone.

2.2 Above the gabion baskets on the "ground" level of St Jude's Lodge, a railing is proposed which measures 1100mm high and is to be painted black.

PLANNING HISTORY

3.1 The previous planning applications are not considered to be specifically material in the assessment of the current application.

PLANNING POLICY

4.1 The site lies within an area zoned as Predominantly Residential and an area of Ecological Interest on the Laxey and Lonan Local Plan 2005, Laxey Map and within the Laxey Conservation Area. The Laxey and Lonan Local Plan 2005 Written Statement has policies which are relevant to this assessment, Policy L/OSNC/PR/3 & Policy L/OSNR/PR/4.

4.2 Policy L/OSNC/PR/3 of The Laxey and Lonan Local Plan 2005 states; "In order to preserve those areas of interest to nature conservation within the study area, there will be a general presumption against any development which would have an adverse impact or effect thereon. This policy will apply to areas identified as of ecological interest on the plans and to those which may be introduced in the future as of such importance".

4.3 Given the nature of the application and the fact that the property is situated within the Laxey Conservation Area it is appropriate to consider the following policies, General Policy 2 and Environmental Policy 35.

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4.4 General Policy 2 of the Isle of Man Strategic Plan 2016 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:

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 course; 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; n) is designed having due regard to best practice in reducing energy consumption."

4.5 Environment Policy 35 of the Isle of Man Strategic Plan 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'.

4.6 Planning Policy Statement 1/01 echoes the requirements of Environment Policy 35 at 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."

REPRESENTATIONS

5.1 Highway Services have No Highways Interest in this application (16.03.2020).

5.2 Garff Commissioners have considered the proposal and have no objection (10.03.2020).

5.3 The Ecosystem Policy Officer has commented on the application stating that they have records of Dark Bush Crickets within the area where the retailing wall is to be situated. Dark Bush Crickets are a protected species listed under Schedule 5 of the Wildlife Act 1990, as such they are requesting the following condition be attached to this application;

"Any vegetation removal needed to facilitate the development be limited to that which is required to place the wall and all other vegetation on site be protected during the work. Any vegetation to be cut or moved should be retained and placed alongside a hedge, as it could contain the eggs for the next generation.

Reason: To protect the Dark Bush Crickets which are a Schedule 5 species, protected under the Wildlife Act 1990 (13.03.20).

ASSESSMENT

6.1 The fundamental issues to consider in the assessment of this planning application are; (i) the impact of the proposed development on the character of St Jude's Lodge, (ii) whether the works preserve or enhance the character or appearance of the Laxey Conservation Area and (iii) whether the works would have any impact on the living conditions of those in 'Sea Level House'.

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6.1 In the first instance it should be noted that the works proposed whilst they are to facilitate St Jude's Lodge they are partly within the boundary of 'Sea Level House' which is situated on Back Shore Lane. The agent for the application has stated they have discussed the works with the owner of 'Sea Level House.'

6.2 'St Jude's Lodge' is situated on Old Laxey Hill and takes up almost the whole of the area it's been built on and as such is very close to the cliff face which forms part of the garden of 'Sea Level House' on Back Shore Lane. Over time due to weathering factors the land has been subject to land slips of which the land is now at the point of needing a retaining wall for the safety of both 'St Jude's Lodge' and the properties directly below on Back Shore Lane and to stop any further erosion to the ground.

6.3 When looking at the land in question there is substantial vegetation on the land which contributes to the overall conservation area with the gardens of the properties on Back Shore Lane providing suitable cover in the means of trees and hedging part way up the cliff face. The removal of land and the addition of the gabion baskets will be noticeable from a public vantage point due to the removal of the vegetation and the replacement of Manx stone over a large area with the removal of trees. It should be noted that there will be slight cover available to the area with regards to trees already in situ.

6.4 Over time the natural vegetation should return to the area to assist in the preservation of the Conservation Area due to the area being on a cliff face and a likelihood that it will not be bothered. Within the period of the vegetation overtaking and the works being done the Manx stone wall will enhance the overall Conservation Area by being a welcome addition between two rendered retaining walls which does not enhance the Conservation Area.

6.5 It is necessary to look at how the works could affect the properties along Back Shore Lane and in particular 'Sea Level House' where a lot of the works are proposed. 'Sea Level House' itself has a large garden plot to the rear of the property which includes the cliff face up to 'St Jude's Lodge.' There has been over the years land slips to the rear of the property with the last major one resulting in the removal of the occupants in 'St Jude's Lodge' and along Back Shore Lane due to safety reasons.

6.6 The potential detrimental effect of not doing the proposed works of the retaining wall is substantial on 'Sea Level House' with the possibility that 'Sea Level Cottage' would be affected due to their garden being adjoined by 'Sea Level House' and especially with regards to safety issues. Whilst the Department cannot predict whether another land slip will happen prevention of further land slips happening, which will bring additional land into the rear gardens of 'Sea Level House' and 'Sea Level Cottage' and could potential cause safety issues, should be encouraged.

6.5 With regards to Policy L/OSNC/PR/3 of The Laxey and Lonan Local Plan 2005 and the comments from the Ecosystem Policy Officer to add a condition regarding Dark Bush Crickets, this is a condition which cannot be enforced with regards to planning due to its lack of precision and would be best placed with the Ecosystem Office for enforcement through the Wildlife Act 1990 and as such a note will be attached to the application instead regarding the Dark Bush Crickets.

CONCLUSION

7.1 For the above reasons the proposal is considered to comply with General Policy 2 and Environmental Policy 35 of the Isle of Man Strategic Plan 2016 and therefore acceptable.

INTERESTED PERSON STATUS

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8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

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 above 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 Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted

Date: 07.04.2020

Determining officer Signed : S CORLETT Sarah Corlett

Principal Planner

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