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
Highway Services objects due to inadequate car parking dimensions and new frontage access onto New Road; Laxey Village Commissioners initially recommends refusal but later supports; Manx Utilities requests contact for services; local residents object citing parking non-compliance, tree removal, excavation risks, and planning history.
Key concern: car parking spaces do not meet Manx Roads standards of 3m x 6m and new frontage access onto busy New Road
Highway Services
ObjectionObject – the car parking spaces do not meet Manx Roads standards of 3m x 6m for residential car parking.; Highways Services maintains its objection to this application.; This application is likely to have an adverse effect on road safety and traffic flow on New Road.
Highway Services
ObjectionFollowing receipt of amended plans, drawing no C/3664/9(B) Highways Services maintains its objection to this application.
Manx Utilities
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority.; See Note 2
Conditions requested: condition of planning be that the applicant must contact the Authority; Contact the Manx Utilities, Planning Department (Tel. 687781), to discuss the electricity supply for this application; Contact the Manx Utilities for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site
Manx Electricity Authority
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority.; See Note 2
Conditions requested: condition of planning be that the applicant must contact the Authority; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application; Contact our Network Operations Department, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines
Laxey Village Commissioners
Objectionthe Board recommends refusal of the above planning application on the grounds outlined below.
Laxey Village Commissioners
Supportthe Board remains supportive of the above application.
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
