19 July 2011 · Council of Ministers
Laxey River Weir Opposite, New Fire Station, Mines Road, Laxey, Isle Of Man, IM4 7nj
The proposal involves repairing an eroded downstream apron within the Laxey River bed by filling the scour hole with 1-3 ton boulders, topped with smaller boulders and river gravels, requiring temporary damming and diversion of river flow.
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The independent inspector assessed the proposal as a routine item of river maintenance under the Land Drainage Act 1934, meeting all criteria in General Policy 2 of the Isle of Man Strategic Plan 2007…
General Policy 2
Requires development to respect site surroundings, not adversely affect landscape/townscape, habitats, water courses, amenity, road safety, or be at risk of flooding. The officer and inspector confirmed the proposal meets all criteria as routine maintenance with no adverse impacts.
Environment Policy 7
Prohibits development harming watercourses unless mitigated, requiring risk assessments and pollution measures. Assessed as compliant since works protect and enhance the watercourse without long-term deterioration.
Environment Policy 35
Permits only development preserving or enhancing Conservation Area character. The underwater works have neutral effect and are unobjectionable.
Policy L/HR/P2/3 of the Local Plan
No development adversely affecting rivers' appearance, quality, or wildlife; requires consultation on water integrity. Works do not adversely affect river appearance or quality.
Policy L/CRBIPR/4
Special attention to preserving or enhancing Conservation Area character. Proposal has limited impact on conservation area character.
Time limit
The development hereby permitted shall be commenced before the expiration of four years from the date of this notice.
Approved plans
This planning approval relates to drawing no. DR1007 103 rev. A date stamped 8th March 2011.
recommends approval of the application
The original application by Isle of Man Water & Sewerage Authority for re-construction of the downstream apron within Laxey River was handled as a planning appeal under written representations, though specific refusal reasons are not detailed in the document. The appellant justified the works as necessary under the Land Drainage Act 1934 to prevent scour and structural failure. The Department of Infrastructure recommended approval, citing compliance with relevant policies and minimal impacts. The inspector, after a site visit, agreed with the Department's assessment, finding the proposal a routine river maintenance item that accords with key policies including General Policy 2, Environment Policies 7 and 35, and local plan policies. The appeal was allowed subject to standard conditions, with formal approval issued on 14 July 2011.
Precedent Value
This appeal shows that routine maintenance works for statutory river management in conservation areas are likely to be approved if they demonstrate policy compliance, minimal impacts, and support from local authorities. Future applicants should emphasise legal obligations and obtain departmental recommendations early.
Inspector: G Farrington
