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20/00320/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/00320/B Applicant : Laxey & Lonan Heritage Trust Proposal : Erection of two timber storage sheds adjacent to existing storage shed Site Address : Great Laxey Mine Railway Laxey Valley Gardens Glen Road Laxey Isle Of Man
Planning Officer: Mrs Vanessa Porter Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 30.04.2020 __
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.
C 2. The two sheds hereby approved shall match the existing Station in style, design and colour and shall be retained as such thereafter.
Reason: For the avoidance of doubt and to satisfactorily protect the character and appearance of the area and to comply with Environment Policy 35 and Planning Circular 1/98.
This application has been recommended for approval for the following reason. Whilst the sheds themselves will be seen the addition of them will enhance the overall environment of the Great Laxey Mines by removing unnecessary items from the tunnels, which will enhance the overall area which complies with the relevant polices, specifically General Policy 2 and Environment Policy 35.
Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 13th March 2020: o Site/Location Plan o Shed Elevations o Plan and Elevation for Proposed Sheds
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Interested Person Status - Additional Persons
None __
Officer’s Report
THE APPLICATION SITE
1.1 The application site is to the upper end of the Laxey Valley Gardens which includes land owned by Laxey Village Commissioners
1.2 The Great Laxey Mines Railway is a recently restored (2005) narrow gauge line which was once part of the infrastructure associated with the Laxey Wheel and the Laxey mines. The railway runs up the Laxey Valley from the Valley Gardens (formerly the washing floors) north westwards to the old adit entrance. Following the restoration of the railway line, passengers are now able to ride along it in a small carriage.
THE PROPOSAL
2.1 The current planning application seeks approval to erect two sheds side by side, one measuring 10 feet by 8 feet and the other measuring 8 feet by 8 feet to the north end of the site behind the Station just prior to the railway tunnel. Both sheds are to measure 2.1metres high.
2.2 The proposed shed closest to the Station (the 10 feet by 8 feet shed) is to have double doors to the front facing the railway whilst the smaller shed (8 feet by 8 feet) will have a single door facing the tunnel.
2.3 Both sheds are to measure 0.8 metres less than the current in situ station.
PLANNING HISTORY
3.1 There are a couple of applications on the site as a whole of which the most recent is 10/01356/B which was for "Erection of two wooden sheds" and was Permitted.
PLANNING POLICY
4.1 The site lies within an area zoned as Public Open Space on the Laxey and Lonan Local Plan 2005, Laxey Map. The Laxey and Lonan Local Plan 2005 has four policies which is relevant to this assessment L/TRT/PR/3, L/CRB/PR/4, L/CRB/PR/6 and L/OSNC/PR/1.
4.2 L/TRT/PR/3 of the Laxey and Lonan Local Plan 2005 states "3.17 Development will not generally be permitted in those areas identified as open space or woodland within the study area in order to protect the natural attraction and amenities of the area."
4.3 L/CRB/PR/4 of the Laxey and Lonan Local Plan 2005 states "7.12 Where an area is designated as a conservation area, spectial 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."
4.4 L/CRB/PR/6 of the Laxey and Lonan Local Plan 2005 states "7.14 The importance of Laxey Wheel and the mines as internationally significant and the innovative and unique remains fo the lead mining industry is recognised and the attainment of unesco world heritage site stratus for the site is to be encouraged."
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4.5 L/OSNC/PR/1 of the Laxey and Lonan Local Plan 2005 states "11.16 There will be a general presumption against development in areas designated as open space for particular purposes."
4.6 Of specific relevance to the assessment of this application is General Policy 2 of the Isle of Man Strategic Plan 2016 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; (g) does not affect adversely the amenity of local residents or the character of the locality;
4.7 Recreation Policy 2 of the Isla of Man Strategic Plan 2016 is also relevant and states: "Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances: (a) where alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; and (b) where there would be an overall community gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area."
4.8 The application site is also within a Conservation Area and as such Environment Policy 35 is a crucial policy: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." This echoes the provision of Planning Policy Statement 1/01, policy 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 considered the proposal and do not oppose 23/04/20).
5.2 Garff Commissioners have considered the proposal and have no objection (7/04/20).
5.3 Manx Utilities have considered the proposal and whilst they originally opposed the proposal they have since had discussions and are happy that the work to install the sheds does not include any excavations over the cable and as such do not oppose the application. (3/04/20)
ASSESSMENT
6.1 The key considerations in the determination of this planning application are the principle of development on the site due to its Open Space status and whether there are any potential visual impacts upon the Conservation Area.
PRINCIPLE OF DEVELOPMENT
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6.2 There are several policies within section 4 of this assessment which have a general presumption against development within areas of open space. Generally when looking at Public Open Space, the meaning is just that Open Space and whilst this is necessary for the Valley Gardens which is an expanse of area, where the proposed sheds are to be situated is upon a small parcel of land which is mostly taken up with railway tracks and a couple of structures situated to the south to provide cover for the locomotives.
6.3 When looking at the application and the space proposed there is a clear distinction between the proposed sheds and the Great Laxey Mine Railway with the proposed sheds being used for the storage of items relating to the Railway as such the principle of the development is accepted in this instance.
VISUAL IMPACT
6.4 When looking at the visual impact the Department has to determine whether such proposals are in keeping with not only the individual buildings but also with the special character and quality of the area as a whole. With this in mind it is relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan which 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.
6.5 The Great Laxey Mines takes up a small space within the Valley Gardens with the space taken up with the main lines and the storage shed for the locomotives as such any items which have required to be stored for the maintenance of the track have been stored within the first main tunnel. The applicant has stated that the storing the items within the tunnel is not suitable for long term storage due to the items being open to the elements and that having somewhere to cover the items would be the best solution.
6.6 It is difficult to assess how the sheds could be perceived, as stated above the area in which the Great Laxey Mines takes up only accounts for a small space and as such there is really not anywhere within this site which could accept the sheds without them having a greater impact on the environment. The proposed sheds themselves will be able to be seen from all directions including along the main road of New Road.
6.7 Whilst the sheds can be seen and will alter the Conservation Area the greater impact could be from the items being stored within the railway tunnel/ the outside area during the tourist season and beyond, which adds the introducing an unwarranted view as such the removal of these items into a covered closed environment of a shed would enhance the overall area by introducing a nicer environment for tourists to the area. 6.8 It should also be noted that these works would help to further assist the maintenance and improvement works of the history of the Island and should be something which is encouraged for future generations.
6.9 To help assist in the limitations of the sheds on the environment a condition should be attached to state that the sheds must match the previously approved "station" in terms of the colour of the elevations and the roof.
CONCLUSION
7.1 Whilst the sheds themselves will be seen the addition of them will enhance the overall environment of the Great Laxey Mines by removing unnecessary items from the tunnels which will enhance the overall area and as such complies with the policies within section 4.
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 __
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: 01.05.2020
Determining officer Signed : C BALMER
Chris Balmer
Principal Planner
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