23 November 2010 · Planning Committee
Laxey Harbour Chalets - Wardens Unit, The Cairns, Breeze Hill, Laxey, Isle Of Man, IM4 7dl
The proposal sought retrospective permission for fencing erected along a public footpath running through the site at Laxey Harbour Chalets to delineate boundaries between holiday chalets and adjoining land, addressing issues like public trespass, dog fouling, and safety near a slipway.
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The primary consideration was the impact of the fencing on visual amenity and the character/appearance of the Laxey Conservation Area.
Policy L/TRT/PR/2
Requires only developments associated with tourism on identified sites. Site partially in tourism/leisure zoning; fencing supports tourism use by delineating chalet boundaries and enhancing security/amenity.
Policy L/TRT/PR/8
For Lower Cairn site, limits development to tourism-related in western part, with remainder landscaped and public access; new structures to respect prominent natural character. Fencing along footpath deemed compatible as it maintains public access and site character.
Conservation Area Policy 4 of Laxey and Lonan Area Plan Order 2005
In Conservation Areas, special attention to preserving/enhancing character/appearance per Town and Country Planning Act. Assessed as limited impact, character preserved due to standard form and non-excessive height.
General Policy 2
Permits development in line with Area Plan zoning if it respects site/surroundings in siting/layout/scale/design, does not harm landscape/townscape/amenity, etc. Fencing found acceptable in visual terms, not adversely affecting character or amenity.
Environment Policy 35
In Conservation Areas, only development preserving/enhancing character permitted, protecting special features. Fencing's limited impact concluded to preserve character/appearance.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to the location plan, site plan and photo sheet date stamped the 5th October 2010.
Do not oppose, has no traffic management, parking or road safety implications
No objection subject to right of access to sewerage tanks at all times
The original application for retrospective erection of fencing along a public footpath at Laxey Harbour Chalets was permitted by the Planning Committee on 22.11.2010 despite objections from Laxey Village Commissioners. Laxey Village Commissioners appealed, arguing visual blight in the conservation area, confusion for walkers, and restricted access. The applicants defended the fence as necessary for trespass control, health/safety, and guest privacy, supported by neighbours. The inspector found the fence visually acceptable, compliant with conservation policy, and access issues as civil matters, recommending dismissal. The Minister accepted this, confirming approval with one condition on 31.03.2011.
Precedent Value
This appeal shows third-party challenges to approvals rarely succeed without strong evidence on planning harm; access disputes are civil, not planning issues. Inspectors prioritise on-site visual assessment over subjective blight claims in conservation areas.
Inspector: Graham Self MA MSc FRTPI
