2 October 2014 · Planning Committee
The New Inn, New Road, Laxey, Isle Of Man, IM4 7hs
The site is a triangular plot on the western side of New Road in Laxey, currently occupied by the unoccupied New Inn public house, hardstanding parking, and a steeply rising vegetated bank to the west towards Rencell Hill.
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The Planning Committee overruled the officer's recommendation for approval after discussing highway safety and the proposed retaining wall.
Residential Policy 1 of Laxey and Lonan Area Plan Order 2005
Policy generally approves residential development in designated residential areas if sympathetic to character. Officer assessed site as part residential/part mixed use zoning, concluding basic principle of residential development acceptable.
Policy L/OSNC/PR/6 of The Laxey and Lonan Local Plan 2005
Presumption against tree removal to facilitate development. Previous refusals cited this due to eight trees, but trees removed prior to this application with DEFA licences, so not an issue.
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale/design, provide safe access/parking, not affect road safety or amenity. Officer found design/amenity/parking acceptable but Committee disagreed on highway aspects.
Environment Policy 28
Prohibits development at risk from or increasing ground instability unless precautions taken. Committee found insufficient info on achievability of proposed retaining wall measures; officer noted Building Control would handle but Committee required engineering report.
Environment Policy 36
Development near Conservation Area only if no detriment to views. Committee cited alongside ENV28 due to potential visual impact from unproven stability measures.
Environment Policy 42
New development to reflect local character, no removal of green spaces contributing to amenity. Officer found design traditional/reflecting locality (e.g. replicating Osborne Cottage), no undue streetscene/Conservation Area harm.
Environment Policy 43
Supports regeneration of run-down areas, prefers re-use of sound fabric. Officer noted derelict public house site would be regenerated, though demolition required.
Housing Policy 4
New housing in existing towns/villages. Laxey village location compliant.
Transport Policy 7
Requires parking per standards (2 spaces/unit). Officer found two spaces per dwelling acceptable size/relation despite not fully in curtilage; previous refusals overcome.
Transport Policy 6 - Equal weight for vehicles and pedestrians
Requires safe/convenient access for all users. Committee refused for lack of footpaths/pedestrian refuge.
Community Policy 4 of Isle of Man Strategic Plan 2007
Loss of public house only if not viable. Officer accepted based on accountant/estate agent advice, Licensing Board licence withdrawal, and proximity to Queens Hotel.
Spatial Policy 5
Cited by Committee re bank stability info/visual impact, though details not quoted.
Recommended approval following advertisement of amended plans and additional information
The original application to demolish the closed public house and replace it with four detached dwellings was refused by the Planning Committee on 2 October 2014 for reasons relating to increased access points on New Road impacting road safety and traffic flow, lack of footpaths for pedestrian safety, and insufficient engineering information on bank stability measures for the proposed retaining walls. The appellant argued that the proposal improved upon the existing 'free-for-all' pub parking, complied with visibility standards, and that structural details were a building control matter, supported by precedents. The inspector found highway safety concerns resolvable by conditions including low railings for pedestrian visibility, deemed two accesses safer than the current layout, and concluded that ground stability was adequately addressed by building regulations without needing detailed planning-stage engineering reports. All refusal reasons were overturned, and the Minister approved the appeal on 23 January 2015 subject to nine conditions ensuring appearance, parking, and safety.
Precedent Value
This appeal establishes that planning approvals can rely on building regulations for structural stability of routine retaining walls, using conditions to safeguard appearance post-detailing; future applicants should compare proposals directly to existing site conditions and be prepared to accept minor design tweaks via conditions to resolve highway concerns.
Inspector: Alan Langton DipTP CEng MRTPI MICE MCIHT
