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Mr Chris Lally Isle Of Man Water & Sewage Authority Head Office Tromode Road Douglas IM2 5PA
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 13/00586/B, for the Re-construction of weir at Laxey Woollen Mills Weir Adjacent To Glen Road Laxey Isle Of Man subject to compliance with the following condition(s):
Reason: To accord with the provisions of Section 13(1) of the Town and Country Planning (Development Procedure) Order 2005.
Date of Issue: 20th June 2013
Director of Planning and Building Control
This decision was made by a Senior Planning Officer in accordance with the authority delegated to them.
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;
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]
Application No. : 13/00586/B Applicant : Isle Of Man Water & Sewage Authority Proposal : Re-construction of weir Site Address : Laxey Woollen Mills Weir Adjacent To Glen Road Laxey Isle Of Man
Case Officer : Miss Melissa McKnight Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
1.1 The application site is a parcel of the Laxey River forming the Laxey Woolen Mill Weir, located adjacent to the Laxey Woolen Mill in Laxey. The weir is located on the confluence of the Laxey and Glen Roy Rivers on the western side of Glen Road, Laxey. 1.2 The weir is formed by an old concrete covered masonry wall constructed across the confluence and maintains the substructure of the river bed below the road bridge.
1.1 The planning application seeks the approval for the reconstruction of the existing weir by casting a new reinforced concrete face and toe apron across the front of the weir. 1.2 The proposed works comprise the following:
2.1 The application site has not been the subject of any previous planning applications.
3.1 In terms of local plan policy, the application site is a waterway which lies on the periphery of an area predominantly residential use 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." 3.2 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; (l) 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."
Environmental 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."
4.1 Laxey Village Commissioners have no objection to the current planning application.
4.2 Fisheries of the Department of Environment, Food & Agriculture have no objection to the planning application.
5.1 The main issues to consider in the assessment of this planning application are the implications of the planning application of 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. 5.2 The existing weir is formed by an old concrete covered masonry wall constructed across the confluence and maintains the substructure of the bed below the bridge. The weir is currently in a poor state of repair with large sections having been scoured away and voids temporarily filed with concrete bag works. 5.3 It is considered that the proposed development works on the Laxey River bed will have a neutral impact on the river itself in terms of visual amenities. Whilst 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. 5.4 The reconstruction of the weir is considered to improve the flow of the river and with the secure structural integrity of what is proposed it is judged that the energy of the river will be absorbed with higher levels of strength and thus resulting in decreasing levels of erosion on the river bed. The improved flow will accommodate a smoother and calmer continuation of the river flow resulting in the risks of erosion and flooding decreasing. 5.5 The proposed development for the reconstruction of the eroded weir is considered to cause no adverse impact on the Conservation Area given the siting of the proposed works. The new weir will not be readily visible from the public thoroughfare unless looking directly at it.
6.1 6.1 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 Policy 10 of the Isle of Man Strategic Plan 2007. 6.2 It is recommended that the planning application be permitted.
7.1 The local authority is, Laxey Village Commissioners, 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.
Recommended Decision: Permitted
Date of 17.06.2013
Recommendation:
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. The development hereby permitted shall not be carried out except in full accordance with the following plans Location Plan, Site Plan, Section Drawings and Works Order Request Number received on 13th May 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 : \qquad Determining officer (delete as appropriate) Signed : \qquad Anthony Holmes Senior Planning Officer Signed : \qquad Michael Gallagher Director of Planning and Building Control
Signed : \qquad Sarah Corlett Senior Planning Officer Signed : \qquad Jennifer Chance Development Control Manager
PA13/00586/B Isle Of Man Water & Sewage Authority Re-construction of weir, Laxey Woollen Mills Weir Adjacent To Glen 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 17.05.2013, includes;
Conservation Areas: Cons Areas: Laxey Cons Area MEA HV: MEA High Voltage Cables: 11KV_HV_CABLE Dev Control Polygons: Flood Zones: Flood Zone Location: Laxey Return Period: 100yr + CC
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