Isle of Man

Government Isle of Man Water & Sewage Authority Head Office Tromode Road Douglas IM2 5PA

Town and Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2005

In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Isle Of Man Water & Sewage Authority, Ref 13/00480/B, for the re-construction of river wall at Laxey River Below Weir Opposite Fire Station Mines Road Laxey Isle Of Man subject to compliance with the following condition(s):

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. This approval for the re-construction of riverbank relates to Drawing No. NDC/2939 103 entitled 'Emergency work to Retaining wall at Laxey Fire Station - Construction Details' date stamped 19th April 2013.

Date of Issue: 27th June 2013

M Gallyhe

Director of Planning and Building Control

Guidance Note

This decision was made by the Development Control Manager in accordance with the authority delegated to her.

This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005.

Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml

Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.

The proposed development must not be commenced until either;

• The time for requesting an appeal has expired; or
• Any appeal has been determined;

Whichever is the later.

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.

Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected]

13/00480/B

| Application No. : | 13 / 00480 / B | | :-- | :-- | | Applicant : | Isle Of Man Water & Sewage Authority | | Proposal : | Re-construction of river wall | | Site Address : | Laxey River Below Weir | | | Opposite Fire Station | | | Mines Road | | | Laxey | | | Isle Of Man |

Case Officer : Mr S Moore

Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Officer's Report

THE APPLICATION SITE

1. The application site is a section of the Laxey River to the south east of the Fire Station on Mines Road in Laxey. The application site comprises an area immediately downstream (south) and adjacent to the footbridge and the weir.
2. The riverbank wall cannot be accessed by the public, but is visible from the footbridge leading off Glen Mooar Road which is immediately north of the application site and from the footpath on the opposite bank. The existing riverbank wall is constructed in random rubble Manx stone which varies in its construction i.e. stone, bonding, colour, along this stretch of the Laxey River.

THE PROPOSAL

3. The proposal comprises the reconstruction of an approximate 5.4 \mathrm{~m} \times 3.5 \mathrm{~m} high section of the riverbank wall which has failed in the last winter. The repair is necessary to secure the structural integrity of the adjacent river walls. The reconstruction of western riverbank wall is proposed to be carried out in precast concrete sections, faced with Manx stone to match the existing.

PLANNING HISTORY

4. The application site has been the subject of three previous planning applications that are considered specifically material to the assessment of this current planning application:

PA 12/00187/B: Re-construction of eroded weir apron. PA 11/00330/B: Re-construction of downstream apron. This planning application comprised infilling the majority of the scour void with large boulders with small graded boulders topped with gravels to the existing bed level. This previous planning application was permitted.

PLANNING POLICY

5. In terms of local plan policy, the application site is a waterway which lies on the periphery of an area predominantly residential use and woodland area within Laxey's Conservation Area under the Laxey and Lonan Area Plan Order 2005 Map No. 1. The Laxey River has a flood return of 100 years. There is one policy within the written statement that accompanies the local plan that is relevant to the assessment of this planning application:

Policy L/HR/P2/3 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 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 areas water courses." 6. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered specifically material to the assessment of this current planning application:

General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (I) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."

Environment Policy 10 states: "Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission."

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."

Policy CA/2 - Special Planning Considerations as set out within Planning Policy Statement 1/01- Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man states; "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application.

Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected."

REPRESENTATIONS

7. Laxey Village Commissioners have no objections to the planning application and the Fisheries Division of the Department of Environment, Food and Agriculture confirm that they have been working closely with the Department of Infrastructure on this project.

ASSESSMENT

8. The main issues to consider in the assessment of this planning application are the implications on the main river itself, the impacts of the proposal on the flood risk zone and finally the affects of the proposed development on the Conservation Area.
9. It is considered that the proposed rebuilding of this section of the Laxey River bank will have a neutral impact on the river itself and its immediate environs in terms of visual amenities. Given that the proposed section of riverbank reconstruction is to be carried out in precast concrete sections, faced with Manx stone to match the existing to simulate that of the existing surrounding riverbank walling, the proposals are judged to preserve the appearance of the riverbank and the Conservation Area.
10. The reconstruction of riverbank wall in this location in the construction proposed, is considered necessary to the structural integrity of this part of the river as the energy of the river will be absorbed with higher levels of strength and thus resulting in decreasing levels of erosion on the river bank.
11. Overall it is concluded that the planning application is in accordance with Policy L/HR/P2/3 of the Laxey and Lonan Area Plan Order 2005 and General Policy 2 and Environment Policies 10 and 35 of the Isle of Man Strategic Plan 2007 and Policy CA/2 Special Planning Considerations as set out within Planning Policy Statement 1/01- Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man.
12. The proposal is not considered to affect any other obvious material planning consideration.

RECOMMENDATION

13. It is recommended that the planning application be permitted.

PARTY STATUS

1. The local authority Laxey Village Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 20.06.2013

Conditions and Notes for Approval / Reasons and Notes for Refusal

• C : Conditions for approval
• N : Notes attached to conditions
• R : Reasons for refusal
• O : Notes attached to refusals

C 1.

The development hereby permitted shall commence before the expiration of four years from the date of this notice.

Reason: To accord with the provisions of Section 13(1) of the Town and Country Planning (Development Procedure) Order 2005.

C 2.

This approval for the re-construction of riverbank relates to Drawing No. NDC/2939 103 entitled 'Emergency work to Retaining wall at Laxey Fire Station - Construction Details' date stamped 19th April 2013.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager / Senior Planning Officer.

Decision Made: Permitted

Date: ................................................................................................................................................................................

Determining officer (delete as appropriate)

Signed : ................................................................................................................................................................................

Anthony Holmes Senior Planning Officer

Signed : ................................................................................................................................................................................

Michael Gallagher Director of Planning and Building Control

Signed : ................................................................................................................................................................................

Sarah Corlett Senior Planning Officer

Signed : ................................................................................................................................................................................

Jennifer Chance Development Control Manager

PA13/00480/B Isle Of Man Water & Sewage Authority Re-construction of river wall, Laxey River Below Weir Opposite Fire Station Mines Road Laxey Isle Of Man Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 25.04.2013, includes;

Conservation Areas: Cons Areas: Laxey Cons Area Dev Control Polygons: Reference Number: 12/00187/B Status: Permitted Proposal: Re-construction of eroded weir apron Reference Number: 89/00405/A Status: Refused on Review Proposal: Approval in principle to construct railway from Valley Gardens to access road to Laxey Wheel. Glen Moar, Lonan.

Reference Number: 13/00479/B Status: Pending Consideration Proposal: Re-construction of scoured river bed Reference Number: 03/00632/B Status: Permitted Proposal: Reconstruction and renovation of former Snaefell Mine Water Wheel and casing with pipe work and associated works

Reference Number: 11/00330/B Status: Permitted Proposal: Re-construction of downstream apron Flood Zones: Flood Zone Location: Laxey Return Period: 100yr + CC