7 June 2021 · Council of Ministers
Glen Gardens, New Road, Laxey, Isle Of Man, IM4 7be
The site is in Laxey Glen Gardens, within the Laxey Conservation Area, encompassing a car park, vehicle bridge access, and areas on both sides of the Laxey River. The proposal relocates an ageing, flood-prone playground to the former site of a Victorian boating lake south of the river, adds a new timber pedestrian brid…
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The Inspector concluded the development should be approved as it replaces an outdated, flood-prone play facility in a location managed for public recreation, consistent with GP3 exceptions for works s…
General Policy 3
GP3 of IMSP resists development on undesignated land except for purposes like buildings or works for interpretation of countryside, wildlife or heritage. Inspector found proposal consistent as it supports public recreation in APE-recognised area, maximises flood-zone exclusion land, and aligns with IMSP promotion of open space for health/fitness and tourism.
Environment Policy 1
EP1 protects countryside and resists adverse effects. Development protects undesignated rural Glen Gardens with no adverse visual impact from screened play area, timber bridge, and minimal resurfacing.
Environment Policy 4
EP4 protects ecology and resists harm to species/habitats. No harm to Laxey River or ecology expected due to construction on existing abutments, DEFA duty of care, and no fisheries objection with pollution condition.
Environment Policy 35
EP35 requires development to preserve/enhance conservation area character/appearance. Play area/bridge in keeping with recreational garden setting; screened from road; smaller scale than existing; timber materials appropriate; no adverse impact on Laxey CA.
Transport Policy 4
TP4 requires safe accommodation of vehicle/pedestrian movements. No change to car park/access beyond resurfacing; no highway safety impact.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
No surface water discharge to watercourse during construction
There must be no discharge of surface water to the watercourse on the site during the construction period. Reason: To ensure that the water course is not adversely affected by the discharge of harmful materials to the waterway.
very strongly support the proposal
no objection but note separate approval may be required for replacement bridge under other legislation
no objection from fisheries perspective subject to precautions to prevent disturbance to watercourse
Multiple consultees including Garff Commissioners, DEFA Inland Fisheries, Highways Services, and Agriculture Lands Directorate raised no objections to the planning application, while one private resident objected on flood risk and justification grounds.
Key concern: Flood risk and suitability of proposed play area site in former damp mill pond
Garff Commissioners
SupportThere were no objections to these proposals.; AJM proposed that the Department be given the Board’s full support in installing the proposed play area, additional landscaping and new access over the river. This was agreed.
DEFA Inland Fisheries
No ObjectionDEFA Fisheries have no concerns in relation to this development from a fisheries perspective.; Care should be taken during the relocation of the playground, to not cause disturbance to the water course.
Highway Services Division
No ObjectionHighways Services raises no objection.; A separate approval of the replacement bridge structure may be necessary.; The bridge and associated paths would not become part of the highway maintainable at public expense and would require a separate maintenance and management plan.
Agriculture Lands Directorate
No CommentThe current traditional playground is aging and in desperate need of replacement.; Its current position in the Glen is prone to flooding.; The Department wants the proposed playground upgrade to deliver imaginative playscapes to befit the location and maximise play value, whilst giving cognizance to Disability Discrimination Act (DDA) compliance and meeting the latest playground safety standards.
Dawn Foster
ObjectionI object to this application on the grounds that as a public amenity there should at the very least be prove of need, a reasoned justification given as to background to the application and given the particular siting proof that this has been properly assessed in engineering terms and flood terms.; If it is approved there should be a condition attached to ensure retention and no interference with the extant bandstand on the south side of the proposed play area.
Conditions requested: condition attached to ensure retention and no interference with the extant bandstand