DEC Decision Notice and Insp Report

CABINET OFFICE Government Office DOUGLAS Isle of Man IM1 3PN Tel (01624) 685280 Email: [email protected]

Our Ref: DF20/0006 Planning Application Ref No: 20/01102/B

Planning Secretary DEFA Planning & Building Control Division Murray House Mount Havelock Douglas IM1 2SF

Dear Miss Porter,

THE TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019

The Planning Inspector appointed by the Council of Ministers has now considered the application and submitted his report in accordance with statute.

On 27th May 2021 the Council of Ministers considered the recommendations of the Planning Inspector and determined to approve the application subject to the conditions specified below.

M. C. C. L. O. W.

Mr W Greenhow ACMA Chief Secretary

Date of Issue: 7th June 2021

Applicant:	Department of Environment, Food and Agriculture
Proposal:	Alterations, installation of a replacement footbridge, resurfacing of car park and relocation of play area
Address:	Glen Gardens, New Road, Laxey

Conditions of Approval

1. 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.

1. 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.

Reasons for Approval

Approval is granted for the reasons referred to in Paragraphs 26 to 33 of the Inspector's report.

Note

This approval is made in accordance with Drawings Nos 19-135-01, 19-135-100, 19-135-110, 19-135-120 and CAS-44582-W8T6K6 Revision B, all received 23 September 2020.

In accordance with statute, please be advised that the decision of the Council of Ministers is binding and final.

All parties should note that there is no prescribed right of appeal relevant to the Council's decision herein and accordingly the only right of challenge is by a petition of doleance brought to the High Court of Justice of the Isle of Man. Such doleance proceedings required to be issued promptly and in any event within 3 months.

Yours faithfully,

Andy Johnstone

Planning Appeals Administrator On behalf of the Chief Secretary

Crown Division Government Offices Douglas Isle of Man 14 February 2021 To the Council of Ministers Case Reference DF20/0006 Planning Application 20/01102/B Application by the Department of Environment, Food and Agriculture (DEFA) for planning approval for alterations, installation of replacement footbridge, resurfacing of car park and relocation of play area at Glen Gardens, New Road, Laxey, Isle of Man.

Procedure

1. I have the honour to report that I have considered the planning proposals described above and all the written representations made upon them. I have taken account of additional photographic information regarding the nature of the site, its surroundings and the approaches to it. This has been provided by the Cabinet Office and agreed by those concerned with the application in the absence of a personal site visit by myself due to Covid19 restrictions. I consider that the Council of Ministers may safely proceed to decide the application on the basis of this Report.
2. The application has to be considered by the Council of Ministers, not the Planning Authority, because the site is owned by DEFA, of which the Planning Authority forms part. Accordingly, the application must be considered by an independent Planning Inspector and the decision taken by the Council of Ministers under Section 16(1)(b) of the Town and Country Planning (Development Procedure) Order 2019.

Site Description and the Proposal

1. Laxey Glen Gardens are situated west of New Road within Laxey town centre and the Laxey Conservation Area (CA). The application site encompasses the existing car park access to an existing vehicle bridge on the north western side of the Laxey River as well as an area south of the River next to Glen Mills. The two parts of the site were formerly linked by pedestrian bridge and the original abutments remain. The existing play area lies a little way to the west.
2. It is proposed to create a new play area on the southern part of the site and to provide a pedestrian access bridge and ramp across the stream from the main car park. The new bridge would be built mainly in timber and would rest upon the existing abutments. The car park itself would be resurfaced in bitumen macadam. There would be new timber fencing

to the river bank and the access path to the bridge would be finished in stone.

Supporting Information from DEFA as Applicant

The material points are:

1. The current traditional playground is ageing and in desperate need of replacement. It remains the only play facility in upper Laxey Village and therefore is an important community recreational asset. Its present location in the Glen is prone to flooding which, in recent years, has forced the permanent removal of a number of items of play equipment, leaving only a swing and slide dating from the 1980s and a couple of spring-mounted items.

1. It is proposed to relocate the playground to the site of the old Victorian boating lake on the opposite side of the Laxey river, away from the flood zone. The upgraded playground would deliver imaginative playscapes to befit the location and maximise play value, whilst complying with the Disability Discrimination Act (DDA) and meeting the latest playground safety standards.

Representations Received

The material points are:

1. Garff Commissioners very strongly support the proposal.

1. DOI Highways Services raise no objection but point out that a separate approval may be required for the replacement bridge, its maintenance and management, under other legislation.

1. DEFA Inland Fisheries have no objection from a fisheries perspective and subject only to precautions to prevent disturbance to the watercourse, given the proposed bridge would be supported on the existing abutments.

1. A Resident of South Cape, Laxey is concerned that the Commissioners considered the application without due public consultation on the proposals having taken place. It is noted that the original application gave no reason for the relocation of the play area with respect to flood risk. The suitability of the proposed site for the play area is similarly questioned, it being an infilled former mill pond and boating lake also prone to wet conditions. There should be no interference with an existing bandstand near the playground site.

Advice from the DEFA Planning and Building Control Directorate

The material points are:

Planning Policy

1. In the Area Plan for the East (APE) the site is not designated for development. However, Laxey Glen as a whole is recognised in the APE as being managed by the DEFA Forestry, Amenity and Lands Directorate with significant public recreational amenity value with scope to develop this further.

1. Given the site is not designated, development is resisted, other than for purposes defined in General Policy 3 (GP3) of the IoM Strategic Plan 2016 (IMSP). These include buildings or works required for the interpretation of the countryside, its wildlife or heritage. The IMSP generally promotes the role of open space in maintaining health and fitness.

1. Environment Policy 1 (EP1) and EP4 of the IMSP together protect the countryside and its ecology and resist development that would adversely affect important species and habitats.

1. EP35 of the IMSP requires development to preserve or enhance the character or appearance of conservation areas.

1. Transport Policy 4 (TP4) of the IMSP requires that development be capable of safely accommodating the vehicle and pedestrian movements it generates.

1. The IMSP generally supports Island tourism.

Assessment

1. The main considerations are the principle of the development and its impacts on visual amenity, the Laxey river watercourse and highway safety.

Principle

1. The relocation of the playground would serve to maximise the potential of the land outside the flood zone, and support sport and recreation as favoured by the IMSP. The improved parking area close to the play area would increase the opportunities for the public to enjoy the site, in addition to promoting the growing demand to develop local Island tourism opportunities. The scheme is acceptable in principle.

Visual Amenity

1. The play area would be visible from within the Gardens but would be screened from those passing on the main road by the Laxey Flour Mills buildings.

1. The proposed playground would be further from the main Glen, smaller than the existing play area and reasonable in scale.

1. The proposed pedestrian bridge and ramp in mainly timber, appropriate to the location, would also be reasonable in size and scale within their setting.

1. Overall, the development would have no adverse impact on the appearance or character of the wider area.

Watercourse

1. In the absence of any objection from the Inland Fisheries Directorate and given the duty of care on DEFA in the execution of the works, it is not expected that there would be harm to the Laxey river watercourse.

Highway Safety

1. There would be no alteration to the existing car park or access other than resurfacing and it is not expected that there would be any effect on highway safety.

Assessment by the Inspector

Issues

1. I consider that the main issues are the principle of the development and its potential effects upon visual amenity in the Laxey CA. It is also appropriate to assess any effects on the Laxey River watercourse and highway safety.

Principle

1. The proposed play area, pedestrian bridge and ramp would replace an outdated play facility in Glen Gardens in a location less prone to flooding, whilst the only other works would be to resurface the present car park and access to the vehicle bridge. The development would be within an area recognised in the APE for management for public recreation and would support tourism.

1. In principle therefore, the development would be broadly consistent with exceptions of GP3 of the IMSP to permit development for such as works required for interpretation of the countryside as well as the general support of the IMSP for open space to maintain health and fitness.

1. Notably, the proposal is strongly supported by the Garff Commissioners.

Visual Amenity in the Laxey CA

1. The play area would be relatively well screened and essentially in keeping with the recreational use of Glen Gardens, in common with the

existing, larger play area that it would replace. The footbridge and ramp, constructed mainly in timber would be in keeping with the nature of their garden setting, whilst the resurfacing works would have little visual impact.

1. Overall, I consider that the development would protect the undesignated and essentially rural Glen Gardens in line with EP1 of the IMSP and would not result in any adverse impact on the character or appearance of the Laxey CA, which would accordingly be preserved in accordance with EP35 of the IMSP.

Other Considerations

1. There would be no significant effect on traffic or highway safety as the car park and vehicle access from the main road would remain essentially the same as at present. In this respect, the development would comply with TP4 of the IMSP.

1. Equally there would be no harm to the Laxey River watercourse or its ecology and thus no conflict with EP4 of the IMSP in this regard. That is on the basis that the bridge construction on the existing abutments would not affect the existing river walls and that approval would be subject to a condition preventing pollution entering the stream during the bridgeworks, as suggested by DEFA Inland Fisheries, who otherwise have no objection to the proposals.

1. Finally, noting further local concerns; no matter the level of public consultation on the application, this independent assessment has taken into account all evident factors for and against the proposed development; there is no substantive evidence that the infilled former boating lake at the appeal site poses undue flood risk or that the bandstand would be vulnerable during the works; and the reason or need for the development is not material where there are no significant planning objections.

Conclusion

1. For the reasons explained above, I conclude that the application should be approved.

Recommendation

1. I recommend that planning approval be granted for alterations, installation of replacement footbridge, resurfacing of car park and relocation of play area at Glen Gardens, New Road, Laxey, Isle of Man, in accordance with Drawings Nos 19-135-01, 19-135-100, 19-135-110, 19-135-120 and CAS-44582-W8T6K6 Revision B, all received 23 September 2020, and subject to the following conditions:

• C1: 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.

• C2: 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.

B J Sims

Brian J Sims BSc CEng MICE MRTPI Independent Inspector