29 March 2016 · Planning Committee
The Mariners, South Cape, Laxey, Isle Of Man, IM4 7jb
The site at The Mariners in Laxey, a sloping residential plot adjacent to New Road (A2) and the Manx Electric Railway, currently holds a part single/part two-storey detached house and garage. The proposal involves demolishing these and erecting three distinct but stylistically uniform contemporary dwellings, each over …
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The officer assessed the principle of residential development as acceptable given the site's designation as 'predominantly residential' under the Laxey and Lonan Area Plan 2005, Strategic Policy 1 (op…
Strategic Policy 1
Requires optimising previously developed land and efficient site use. Officer found site as previously developed residential curtilage in village, acceptable for intensification.
Strategic Policy 2 - Priority for new development to identified towns and villages
New development primarily in towns/villages. Laxey as service village supported residential development here.
Strategic Policy 3
Identifies Laxey as Service Village for housing to meet local needs. Supported principle of housing.
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale/design, not harm character, sea views, amenity, highways, wildlife. Officer tested against visual impact (contemporary design fits varied area), amenity (mitigable), highways (compliant), sea views (most unaffected), wildlife (conditioned).
Housing Policy 4
New housing primarily in villages. Site in residential zone of Laxey village complied.
Transport Policy 3
New development not to compromise rail routes. No adverse impact on MER as tourist facility; lower building sections screened by gabions.
Transport Policy 4
Highways to accommodate development safely. Visibility/parking met requirements.
Laxey and Lonan Area Plan Policy L/CP/PR/2
Cited by objectors re parking; officer found two spaces per dwelling compliant with Strategic Plan standards.
Policy L/S/PR/1
Objectors cited surface water drainage; not directly assessed by officer, implied acceptable.
Environment Policy 42
Objectors claimed non-compliance; officer addressed via wildlife conditions.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Visibility splays
The visibility splay(s) of 2.4m x 90 metres shall be constructed in accordance with the approved plans for each dwelling and thereafter kept permanently clear of any obstruction exceeding 1.05m in height above adjoining carriageway level.
Parking and turntables
The developments hereby approved shall not be occupied until the parking and turn tables have been provided and in operation both in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times and the turn tables maintained in a working order thereafter.
Obscure glazing to gable windows
Obscure glazing (Pilkington level 5 or equivalent) shall be installed in all windows within the north-eastern gable elevations of the northern most dwelling and shall be maintained as such thereafter.
Obscure glazing to balconies
Prior to the commencement of any works, a detailed and scaled drawing is required to be submitted to and approved by the Department which shows 1.8 metre obscure glazing along the north-eastern elevation of the two upper floor balconies. This approved scheme is required to be erected prior to the occupation of the dwelling and maintained and retained thereafter.
Green gabion system
Prior to the commencement of any works, detailed and scaled drawings are required to be submitted to and approved by the Department which shows details of the green gabion system or similar system along the entire south eastern boundary of the site (facing the MER lines). Such information should also include details of how the boundary development will provide usable habitat for bush crickets and details of how this will be maintained.
Materials approval
No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.
No objection after amended visibility splays provided
No fundamental objection; notes agreements on 1m clearance, drainage, boundary maintenance, construction methodology
Acceptable if hedge banks protected or green gabions provide habitat for dark bush crickets
Laxey Village Commissioners recommend refusal due to over-intensive development, inadequate parking, drainage issues, and non-compliance with local and strategic plans; Public Transport Division raises railway boundary and construction safety concerns with specific conditions; DE…
Key concern: Laxey Village Commissioners recommend refusal due to over-intensive development and non-compliance with multiple planning policies
Laxey Village Commissioners
Objectionthe Board recommends refusal of the application on the grounds outlined below; fail to meet the requirements of Laxey and Lonan Area Plan Order 2005, policy L/CP/PR/2; fails to meet the requirements of Laxey and Lonan Area Plan Order 2005, policy L/S/PR/1
Public Transport Division
Conditional No ObjectionThe Public Transport Division requests that the following points are fully addressed in any approvals relating to this scheme; gabion basket walls have a limited design life and can be susceptible to movement, we do not consider them a suitable form of wall on which to erect a glass balustrade
Conditions requested: 1.0m clearance zone to the boundary for maintenance must be maintained; construction activities imposing risks onto the railway must be undertaken during a railway engineering possession, agreed in advance; property owner should maintain the boundary and specifically vegetation to prevent encroachment and maintain visibility for trains; ensure drainage (foul and surface water) are not directed to the railway
DEFA Biodiversity
No ObjectionIf this can be avoided and those areas protected during works, then bush crickets will be best protected; they will move back onto the bank if vegetated and managed as previously, assuming availability from the adjacent section of hedge
Conditions requested: avoid narrowing of hedge banks and protect those areas during works; if bank thinned/moved, ensure vegetated and managed as previously
The original application (15/00993/B) for erection of three detached contemporary three-storey dwellings to replace a single dwelling was approved by the DEFA Planning Committee despite objections from Laxey Commissioners and residents on overdevelopment, visual impact, parking, highway safety, drainage, and amenity. Laxey Village Commissioners appealed (AP16/0022), arguing overdevelopment, visual harm, inadequate parking (claiming 3 spaces required), highway safety risks, MER safety, drainage non-compliance, and neighbour amenity loss. The Planning Authority and applicant defended the scheme as compliant with Strategic Plan policies SP1, GP2, TP3, TP4, optimising previously developed land in a residential area with high-quality design, adequate 2-space parking standard, no highway objections, and mitigable impacts via conditions. The inspector, after inquiry on 12 July 2016 and site visit, found the principle acceptable, visual impact positive due to quality design in varied streetscene, parking and access safe per standards with turntables, living conditions protected by obscure glazing conditions, MER and ecology safeguarded by gabion conditions; recommended dismissal on 29 July 2016.
Precedent Value
Upholds Strategic Plan supremacy over local plans; shows conditions can mitigate site constraints near infrastructure/wildlife in villages. Future applicants should prioritise SP compliance, quality design, technical consultations, and condition mitigation over local objections.
Inspector: Brian J Sims BSc CEng MICE MRTPI