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17/00471/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/00471/B Applicant : Manx Utilities Authority Proposal : Repairs and reconstruction of weir and weir face Site Address : Weir Adjacent To Laxey Woollen Mills Glen Road Laxey Isle of Man
Case Officer : Miss Abigail Morgan Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Officer’s Report
1.0 THE APPLICATION SITE
1.1 The application site is a section of the Laxey River just at the point of its branching to the west of the Laxey Woollen Mills. Within the site is a weir that is showing advanced stages of crumbling; it appears to be constructed of various natural stone but capped with concrete.
2.0 THE PROPOSAL
2.1 Manx Utilities Authority seek full planning approval for repairs and to reconstruct part of a weir and weir face within the Laxey River. The works are a continuation of the works approved under 15/00502 the include infilling of the existing fish boxes on the weir, installation of 3 groynes with stone infill and a fish passage from the weir to the last of the groynes.
3.0 PLANNING HISTORY
3.1 This site has been the subject of a similar previous application - PA 13/00586/B sought (and gained) approval for the re-construction of a weir. 15/00502/B was a re-submission of that application, with some detailing changed.
3.2 There have also been a number of applications in recent years to re-construct weirs and river bank along the Laxey River - all of these have been approved: 11/00330/B, 12/00187/B, 13/00479/B, 13/00480/B and 13/00914/B.
3.3 It is also worth noting that a currently undetermined application south of here has been submitted with a view to gaining approval to re-construct the river bank (PA 15/00501/B).
4.0 PLANNING POLICY AND OTHER LEGISLATION
4.1 The Laxey River does not have any specific designation (e.g. watercourse) with the Laxey and Lonan Area Plan. It is, however, within the Laxey Conservation Area.
4.2 Policy L/HR/P2/3 of the Local Plan states: "No development will be approved where this would adversely affect the appearance or quality of the rivers within the area or the wildlife which the rivers support. Close consultation with the Department of Agriculture, Fisheries and Forestry should be undertaken to protect the integrity and quality of the water and the Department of
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Transport as the authority for the Island's rivers. Attention should also be paid to the means of disposal of surface water such that overloading of surface water drainage areas does not occur and does not affect the area's water courses."
4.3 There are not really any specific Strategic Plan policies that directly apply to works such as those proposed. Of most direct relevance are Environment Policies 7 and 35 and General Policy 3;
4.4 Environment Policy 7: "Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which would not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:
(a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality; (b) details of pollution and alleviation measures must be submitted; (c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and (d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species".
4.5 Environment Policy 35 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 General Policy 3 makes provision for development on land which is not zoned for such, in part, for the following: (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative;
4.7 Also of relevance is the Flood Risk Management Act 2013, generally that any works covered by FRM Works or works to a designated watercourse then planning permission would not be required.
Extracts 'S70 (of FRM) Obligations not generally affected states
70 Other obligations not generally affected (1) Nothing in, or done under, this Act affects an obligation existing immediately before, or accruing after, the passing of this Act.
Examples: 1. This Act does not affect the Authority's obligations under the Water Act 1991, Sewerage Act 1999 or another Act. 2. A works consent from the Authority does not affect section 7 of the Town and Country Planning Act 1999 (planning approval required for development).
(2) However, subsection (1) does not apply to an FRM obligation relating to designated FRM works or a designated watercourse, and any such obligation is abolished.
(3) In this section, "obligation" means an obligation however arising and includes a statutory or other requirement to obtain authorisation, consent or permission.
S7 of FRM defines FRM works.
S7 "FRM works" (1) "FRM works" are - (a) an action for FRM, of any nature or description (a "relevant action");
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Examples of a relevant action:
(2) To remove any doubt, FRM works do not include an action or thing concerning the functions of the sewerage authority.
(3) In this section, an "action" includes a proposed action.
Also S68 Control of Development of FRM 2013 specifically refers to TCPA and the submission of planning applications and sets FRM strategies and plans and the extent to which the proposed development creates an additional flood risk as material considerations when considering an application.
5.0 REPRESENTATIONS
5.1 Fisheries Officers support the proposal as it provides improvements for passage of migratory fish compared to the current structure and request works are restricted to between July and September to reflect spawning periods and the submission of written method statement to avoid injury or disturbance of fish. 11.05.17.
5.2 Biodiversity Officers - MUA have consulted with them on this project and they have pointed out that protected bush crickets are recorded along the south-west bank in the vicinity of the site and if practicable this area should be protected from any effects of the works. 23.05.17.
5.3 Laxey Village Commissioners had no objection to the proposal. 09.05.17.
6.0 ASSESSMENT
Background 6.1 As set out above under the Flood Risk Management (FRM) Act any works covered by S7 FRM Works or works to a designated watercourse would not require planning permission. While this was conveyed to the applicant they sought the comfort of a planning application as they were advised that this was officer opinion only and for a more certain view to contact the Attorney General's office.
6.2 The existing weir is formed by a concrete-covered masonry wall constructed across the confluence, and maintains the substructure of the bed below the bridge. The weir was repaired after the 2015 permission and is now squared off.
6.2 The proposed development would have something of a positive impact on the river itself in terms of flood risk management. While the works will be visible, they are not of a scale considered to impact upon the appearance of the area or character and quality of the Conservation Area. The provision of natural boulders between the groynes will draw the eye away from the more utilitarian appearance of the groynes themselves.
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6.3 The reconstruction would act to improve the flow of the river: with an improved structural integrity, the energy of the river will be more readily absorbed, thus decreasing erosion of the riverbed.
6.4 The works will be readily visible from the public thoroughfare, but views of it are only apparent when a specific effort to that effect is made from the nearby road or bridge and would not appear out of place in a river.
6.5 In view of the responses from the relevant expert advisors within DEFA, some notes are proposed on the application to ensure that the applicant is aware of responsibilities under other Legislation and to point them in the right direction.
6.6 Accordingly, it is considered the proposal would comply with the relevant policies of the Strategic, in particular Environment Policy 35 as it would preserve the river which contributes to the character and appearance of the Area, and will ensure that the special features contributing to the character and quality are maintained.
8.0 PARTY STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material and (d) The local authority in whose district the land the subject of the application is situated.
Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 22.06.2017
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
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C 2. 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.
C 3. 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.
N . There is evidence of dark bush crickets in the scrub to the west of the application site please contact Ecosystems Policy Team for further information.
This approval relates to Location Plan, Site Plan and drawing no: 37-903 A all date stamped received 27 April 2017.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date: 26.06.2017
Determining officer
Signed : C BALMER
Chris Balmer
Senior Planning Officer
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