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1.0 Application Site 1.1 The application site comprises land contained within Laxey River contained within a section of river that is located approximately underneath the Mines Roar road bridge crossing.
2.0 The Proposed Development 2.1 The proposed development comprises repair works to the apron contained within the riverbed located within the application site.
3.0 Planning History 3.1 The application site has not been the subject of any known previous planning application.
4.0 Planning Policy 4.1 The Laxey and Lonan Area Plan Order 2005
In terms of local plan policy, under the Laxey and Lonan Area Plan Order 2005 the application site is designated as waterway and located within a wider area of land that is designated as being of high landscape value and scenic significance.
The Laxey and Lonan Area Plan Order 2005 contains one policy that is considered potentially material to the assessment of the 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 does not occur and does not affect the area's water courses."
4.2 The Isle of Man Strategic Plan 2007 4.3 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered to be specifically material to the assessment of the 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."
"Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which could not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:
(a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality; (b) details of pollution and alleviation measures must be submitted; (c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and (d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species."
4.5 The application site is also located within a Conservation Area.
The Laxey and Lonan Area Plan Order 2005 contains one policy relating to development within the Conservation Areas.
"Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications within the area, to the desirability of preserving or enhancing its character or appearance in accordance with the Town and Country Planning Act 1991 (12.(4)."
The Isle of Man Strategic Plan 2007 contains one policy relating to development within Conservation Areas.
"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."
5.1 The 21 day consultation period for comment expired on the 14th April 2011. At the time of writing one representation had been received.
5.2 Laxey Village Commissioners recommend that the planning application be approved.
6.0 Assessment
6.1 The planning application seeks planning approval for the repair of the apron contained within the riverbed located within the application site. The proposed development, which is entirely contained within the riverbed, basically comprises works to repair the existing apron that has eroded over time. These works are being undertaken by the authority for the Island’s rivers and are understood to be required to ensure the ongoing management and protection of Laxey River.
6.2 Given its underwater location the proposed development has a limited impact on both the public amenity of the surrounding area and the character of the Conservation Area. There is no impact on private amenity or highway safety arising from the proposal.
7.0 Recommendation
7.1 The development proposed by the planning application is considered to relatively modest in terms of impact and largely unobjectionable. It is recommended that the planning application be approved subject to the following conditions:
Condition no. 1: The development hereby permitted shall commence before the expiration of four years from the date of this notice. Condition no. 2: This planning approval relates to drawing no. 104 rev. B date stamped the 8th March 2011. This statement has been prepared by Mr A Holmes BA(Hons) DipTP(UC) MRTPI on behalf of the Planning Authority.
Signed _________________________ Date _________________________
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