28 June 2017 · Delegated - Senior Planning Officer (Chris Balmer)
Laxey Woolen Mills, Glen Road, Laxey, Isle Of Man, IM4 7ar
The site is a section of the Laxey River where it branches west of Laxey Woollen Mills, within the Laxey Conservation Area. The existing weir, made of natural stone capped with concrete, is in advanced stages of crumbling.
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The officer noted that while Flood Risk Management Act might exempt such works, the applicant sought planning approval for certainty.
Policy L/HR/P2/3 of the Local Plan
Prohibits development adversely affecting rivers' appearance, quality or wildlife; requires consultation with DEFA and DoT, and attention to surface water disposal. Officer assessed via consultee responses and conditions ensuring no harm to water quality or fish.
Environment Policy 7
Prohibits development harming watercourses unless mitigated; requires risk assessment, pollution measures, phased works, and 8m buffer. Proposal in watercourse but mitigated by method statement condition and expert support; no deterioration demonstrated.
Environment Policy 35
Permits only development preserving or enhancing conservation areas' character. Works visible but small-scale, in-keeping with river setting, using natural boulders; preserves river feature contributing to Laxey Conservation Area character.
General Policy 3
Allows unzoned development for overriding national need with no alternatives. Weir repairs by utility authority qualify as essential infrastructure for river management and flood risk.
Time limit
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.
Works period restriction
Any works in the watercourse are restricted to the period July to September (inclusive). Reason: To avoid disturbance or injury to spawning, or to the spawn and fry of fish, during the season in which they are most at risk.
Construction method statement
No development shall commence until details have been first submitted to and approved in writing by the Department setting out construction method statement, with particular regard to a suitable construction approach to reduce possibility of injury or disturbance of fish within the river. The works shall not be carried out unless in accordance with the approved details. Reason: To avoid the risk of injury or disturbance to fish within the river.
support the proposal as it provides improvements for passage of migratory fish compared to the current structure and request works restricted to July-September and submission of method statement to avoid injury or disturbance of fish
MUA consulted; noted protected dark bush crickets nearby and advised protecting area from works effects if practicable
no objection to the proposal
DEFA Fisheries support the application with two specific conditions for works in the watercourse; Highways Division has no highways interest; Garff Commissioners have no objections.
DEFA Inland Fisheries
Conditional No ObjectionInland Fisheries, DEFA are supportive of this planning application.; The proposed design should provide improvements for the passage of migratory fish compared to the current structure.
Conditions requested: Any works in the watercourse are restricted to the period July to 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.; Works are conducted according to written method statements agreed in advance with the Inland Fisheries Section of the Fisheries Directorate, DEFA. Reason: to allow DEFA fisheries to provide advice on a suitable approach to construction, in order to reduce the possibility of injury or disturbance of fish within the river.
Department of Infrastructure Highways Division
No ObjectionNo Highways Interest; NHI on 19-5-17
Garff Commissioners
No ObjectionThere were no objections to these proposals.
