12 May 2021 · Planning Committee
Victoria Terrace, Glen Road, Laxey, Isle Of Man, IM4 7aw
The proposal involves demolishing the existing steel/concrete weir substructure (9m x 3m x 1m), lower platforms (10m x 10m x 0.5m and 6m x 4m), and installing a rock ramp using 1-3 tonne boulders (approx.
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The officer determined the proposal appropriate due to strong justification from flood risk studies including the Laxey Flood Alleviation Scheme Feasibility Study 2020, Arup's 2019 flood review, and J…
Strategic Policy 4
Requires protection/enhancement of Conservation Areas, landscape quality, nature conservation, and no unacceptable environmental pollution. Officer found proposal protects Laxey Conservation Area with neutral visual impact outweighed by flood benefits, no pollution/disturbance.
General Policy 2
Permits development respecting site/surroundings in scale/design, no harm to landscape/townscape, watercourses, habitats, or resident amenity. Assessed as compliant: rock ramp sympathetic, no amenity harm, watercourse protected via conditions.
Environment Policy 7
Prohibits harm to watercourses unless mitigated; requires risk assessments, pollution measures, phased works, 8m buffer. Proposal justified by flood reports; condition requires method statement/ecological assessment for works in/near river.
Environment Policy 10 - Development and flood risk
Requires flood risk assessment/mitigation where flooding potential exists. Application included supporting flood studies/modelling; officer confirmed requirements broadly met despite no full EIA.
Environmental Policy 22
Prohibits unacceptable harm from pollution, emissions, noise etc. No adverse amenity/pollution impacts foreseen; construction managed via conditions.
Environment Policy 35
Permits only development preserving/enhancing Conservation Area character. Rock ramp emulates natural river; wall matches adjacent; minimal harm outweighed by flood protection.
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.
Watercourse method statement and ecological assessment
Prior to the commencement of works on site, a 'development within 9 meters of a watercourse form' a written method statement and ecological impact assessment should be submitted to and approved in writing by the Department. All works in the river bed and the vicinity of the river shall be carried out in accordance with the approved details. Reason: To ensure adequate protection of the River, associated bio-diversity and fish within.
do not object
do not object
DEFA Ecosystem Policy Team offers conditional no objection pending submission of Construction Environmental Management Plan and Ecological Clerk of Works; DEFA Inland Fisheries offers conditional no objection with timing restrictions and method statements; other statutory consultees raise no objections while heritage groups object on conservation grounds.
Key concern: demolition of industrial heritage weir without proper recording or Registered Building consent and potential creation of stagnant water in mill race
DEFA Ecosystem Policy Team
Conditional No ObjectionThe Ecosystem Policy Team can confirm that the Preliminary Ecological Appraisal Report Dated March 2021 undertaken by the Manx Wildlife Trust (attached) is all in order and a suitable level of assessment has been undertaken.
Conditions requested: Prior to the commencement of works a Construction Environmental Management Plan, which details the measures to be taken to protected the watercourse, surrounding habitats and species, including the mitigation measures contained in table 5.1 of the PEA which includes Precautionary Working Method Statements, and Reasonable Avoidance Measures for fish and aquatic invertebrates, should be submitted to Planning for written approval.; Prior to the commencement of works a suitably qualified Ecological Clerk of Works must be appointed who is contracted for the duration of the works to provide ecological guidance to workers, oversee all protected species and habitat work, ensure compliance with relevant working methods statements and legislation and for the regular monitoring and inspection of works.
DEFA Inland Fisheries
Conditional No ObjectionFisheries, DEFA has no objection to this proposal providing the following conditions are met
Conditions requested: Any works to the watercourse bank and channel are restricted to the period beginning the 14th of June to September (inclusive). Reason: To avoid disturbance or injury to spawning fish, or to the spawn and fry of fish, during the season in which they are most at risk.; Works are conducted according to written method statements agreed in advance with the Inland Fisheries Section of the Fisheries Directorate, DEFA. Reason: to allow DEFA Fisheries to provide advice on a suitable approach to construction, in order to reduce the possibility of injury or disturbance of fish within the river.
Department of Infrastructure Highways Division
No ObjectionAfter reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and /or parking. Construction may pose short term amenity and inconvenience issues.
Department of Infrastructure Flood Risk Management Division
No ObjectionGarff Commissioners
No ObjectionThe consensus formed was that there should be no objection to these proposals from Members.
Isle of Man Natural History and Antiquarian Society
ObjectionIsle of Man Natural History & Antiquarian Society views this application with concern
Conditions requested: The walls need to be stone faced in order to be nature friendly and help enhance the Conservation Area