Dept Decision and Inspector's Report

Cabinet Office

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CABINET OFFICE Government Office DOUGLAS Isle of Man IM1 3PN Direct Line (01624) 685280 Fax Number (01624) 685710 Email [email protected] CHIEF SECRETARY Mr Will Greenhow ACMA

3 August 2016

Planning Secretary Planning \& Building Control Division Murray House Mount Havelock Douglas Our Reference : DF16/0002

Dear Sir/Madam,

Town And Country Planning Act 1999

TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE) (No2) ORDER 2013

PA Ref	16 / 00286 / B
Applicant	Manx Utilities
Proposal	Replacement of existing failed retaining wall
Address	River Wall to South of Laxey River Weir, Mines Road, Laxey

I refer to the abovementioned planning application. In accordance with the Article 10(9) of the Town and Country Planning (Development Procedure) (No 2) Order 2013, I herewith give notice of the decision as follows.

The Planning Inspector appointed by the Council of Ministers has now considered the application and submitted his report in accordance with Article 10(8) of the abovementioned Order.

On the 28th July 2016, the Council of Ministers considered the recommendations of the Planning Inspector and determined to approve the application subject to the condition(s) specified below.

Mr Will Greenhow ACMA Chief Secretary

Date of Issue: 3 August 2016

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Conditions of Approval

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.

1. Any works to the watercourse bank and channel must take place between July and September (inclusive).

Reason: To avoid disturbance or injury to spawning fish, or to the spawn and fry of fish, during the season in which they are most at risk.

1. No development shall take place until there has been submitted to and approved in writing, by the Department, a Construction Method Statement, setting out details of the construction and the protection of watercourse and fish during construction. The Construction Method Statement shall be complied with throughout the duration of the construction.

Reason: In order to maintain a functioning watercourse habitat for wildlife, amenity and aesthetic reasons and help protect the watercourse from potentially detrimental effects from pollution.

In accordance with Article 10(10)(c) of the Order, please be advised that the decision of the Council of Ministers is binding and final (subject to the possibility of judicial review by petition of doleance).

The Planning Inspector's report, upon which the decision was determined, may be viewed by visiting https://www.gov.im/planningapplication/services/planning/search.iom, Government's Online services, or by contacting the Cabinet Office for a printed copy (Tel 685204).

Yours faithfully,

A Johnstone Planning Appeals Administrator On behalf of the Chief Secretary

Crown Division Government Offices Douglas Isle of Man 20 July 2016 To the Council of Ministers Case Reference DF16/0002 Planning Application 16/00286/B Application by Manx Utilities for planning approval for the replacement of existing failed river retaining wall south of Laxey River Weir, Mines Road, Laxey.

1. On 11 July 2016, I carried out a site visit at the above location. The case is being made by written representations.
2. The application has to be considered by the Council of Ministers, not the Planning Authority, because the application site is either owned and maintained by the Department of Environment Food and Agriculture (DEFA), of which the Planning Authority is part, or is one in which the Department may hold a 'perceived' interest. Therefore Sections 10(1) and (7) of the Town and Country Planning (Development Procedure) (No 2) Order 2013 set down that the application must be considered by an Independent Inspector and not by the Planning Committee or an officer of the Department.

Site Description and the Proposal

1. The application site is an approximately 25 metre section of the west bank of the Laxey River a little way south of the fire station and footbridge on Mines Road. The river retaining wall has collapsed following flooding and has apparently been subject to temporary repair with boulders, whilst the area is protected from above by temporary guard barriers.
2. The proposed repair would provide an approximately 5 metre high wall over the length subject to collapse, incorporating a parapet at road level, all finished in Manx stone. The structure would match an earlier, but less extensive, repair on the same bank, adjacent to the nearby footbridge.

Representations Received

1. The Laxey Village Commissioners recommend that the application be approved and the Department of Infrastructure has no objection on highway grounds.
2. The DEFA Fisheries Division has no objection subject to the imposition of certain protective conditions to limit the construction period and require adherence to an agreed construction method statement.

Advice from the DEFA Planning and Building Control Directorate

Policy

1. The site is in the Laxey Conservation Area (CA) and within a flood risk zone. It is subject to adopted local policy to protect the appearance, quality or wildlife of rivers from the adverse effects of development.
2. Strategic Plan (SP) Environment Policies (EP) 7 and 35 together also protect watercourses and require development to preserve or enhance the character or appearance of the CA.

Assessment

1. The main issues are the implications of the proposed development for the main River Laxey and the flood risk zone as well as its effect on the appearance and character of the CA.
2. The reconstruction of the wall would have a positive visual impact on the River and the CA, whilst river flow would be improved by the greater structural integrity of the wall once repaired.
3. The applicant department is agreeable to the reasonable conditions requested by the Fisheries division.
4. Overall, the proposal is compliant with the foregoing relevant adopted planning policies and should be approved subject to those conditions.

Assessment by the Inspector

1. My own assessment of the application can be put shortly in that, having visited the site and made a fresh study of the proposals and the representations, I conclude that the proposed repair is clearly necessary and I agree entirely with the assessment of the Planning Authority as set out above.
2. In particular, the development would improve the appearance of the riverside, consistent with the previously completed repair nearby. The development would thus enhance the appearance of the CA and improve the flow of the river within the flood risk zone. I am also satisfied that the requested conditions are reasonable and necessary and will provide for the completion of the works at a suitable time and in a manner that will avoid harm to fishery interests. Approval of the application would therefore be appropriate.

1. For these reasons, I recommend that planning approval be granted for the replacement of existing failed river retaining wall south of Laxey River Weir, Mines Road, Laxey, as shown on Drwg No NDC2939-106 and subject to the following conditions:

1) The development hereby permitted shall commence before the expiration of four years from the date of this notice. 2) Any works to the watercourse bank and channel must take place within the months of July, August and September. 3) No development shall take place until there has been submitted to and approved in writing by the Planning Authority a Construction Method Statement setting out details of the construction of the works hereby permitted and measures for the protection of the watercourse and fish during construction. The works shall be carried in in compliance with the Construction Method Statement approved.

(B) J Sims

Brian J Sims BSc CEng MICE MRTPI Independent Inspector