Loading document...
==== PAGE 1 ====
21/00300/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00300/B Applicant : Department Of Infrastructure Proposal : Alterations to substructure of existing weir and re-grading of river channel incorporating a rock ramp to control flow and stabilisation of existing river banks Site Address : River Weir Adj To Glen Road Glen Road Laxey Isle Of Man
Senior Planning Officer: Mr Jason Singleton Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 28.04.2021 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 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.
C 2. 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.
This application has been recommended for approval for the following reason. The application would be appropriate for the area and would not harm the use and enjoyment of neighbouring properties or considered to harm the watercourse or that of the Laxey Conservation area has been designed to comply with Strategic Policy 4, General Policy 2 and Environment Policy 7, 10, 22 and 35 of the Strategic Plan 2016.
Plans/Drawings/Information; This application relates to drawings referenced; 100, 102, 400, 401 submitted digitally and received on 18 March 2021. __
Interested Person Status - Additional Persons
==== PAGE 2 ====
21/00300/B Page 2 of 8
It is recommended that the following Government Department should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
It was decided that the following persons should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
The owner/occupier of 1 Victoria Terrace, Glen Road, Laxey - As they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Occupants of Glen View, South Cape, Laxey is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy.
Isle of Man Natural History and Antiquarian Society is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy. __
Officer’s Report
THIS APPLICATION IS REFERRED TO COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
1.0 THE SITE 1.1 The application site identified in red is within the Laxey River weir to the north of Victoria Terrace on Glen Road Laxey.
2.0 THE PROPOSAL 2.1 Proposed is the demolition of the steel / concrete substructure of the existing weir 9m x 3m x 1m and re-grading of river channel incorporating a 'rock ramp' to control the flow of water for approx. 40m length of the river and stabilisation of existing river banks with an extra section of wall to tie in and run flush with the new Glen Road wall at the same height. The scope of works would also see the replacement of not only the weir, but the lower steel / concrete platform approx. 10m x 10m x 0.5m and a 6m x 4m platform structure lower down.
2.2 The application is accompanied with a planning statement that covers 20 pages and detailing the background to the application, location and description of works, political policy, planning and other policy framework, proposed option and flood risk statement, scoping assessment for the environmental statement which then includes sub sections detailing bio- diversity and nature conservation, water environment, landscape and visual impact, land and soil, noise, climate, material assets, population, local community, heritage and conservation areas and further drawings and photographs in support of the application.
==== PAGE 3 ====
21/00300/B Page 3 of 8
2.3 The existing weirs reduce the riverbed level from 16.02mAD02 to 13.36mAD02 dramatically reducing the head level of the river whereas the proposed rock ramp aims to reduce the riverbed by the same amount but by utilizing a gradual gradient as advised by flood specialists JBA Consulting which will in turn help to alleviate flooding within Laxey. The proposed rock ramp is made up of strategically placed boulders approx. 1-3 tonnes each or approx. 1.2m dia and graded rock of varying sizes to infill and create the ramp aspect. In conjunction with the rock ramp, it is proposed that the adjacent section of river wall is strengthened and raised adjacent to Glen Road.
3.0 PLANNING POLICY 3.1 In terms of local plan policy, the application site is within an area designates the surrounding area as 'predominately residential' on Map 7 Laxey Area Plan for the East.
The Area Plan for the East Written Statement 3.2 Within the accompanying written statement, Glen Road Laxey does not generally feature, Laxey River is noted amongst other rivers for populations of spawning salmon and sea-trout. With regard to flooding and erosion in section 5.20.1 refers to the 2016 National Strategy on Sea Defences and Coastal Erosion Evidence report which identified areas at risk of fluvial, surface water and coastal flooding within this, Laxey, amongst other areas was identified "as being at high risk both now and in the future and require urgent consideration, further investigation and potential intervention to reduce the evident risk". Section 5.20.2 notes the impact of flooding, weather and the flood risk when allocating land for future development and "flood risk acting as a critical constraint in the Site Assessment Framework used to assess proposed sites". Section 5.20.3 identifies that Flood risk maps have been produced by the MUA and their data used to identify flood risk areas.
3.3 Natural Environment Recommendation 3 The Department supports further consideration and investigation of the impacts of coastal, fluvial and surface water flooding and coastal erosion on key economic, infrastructure, environmental and social receptors. The ongoing work of the Flooding Advisory Group is recognised as part of this, as well as the findings and recommendations set out in the Laxey Flood Independent Review Report. The following, including the areas of Douglas (comprising Douglas Bay, Douglas Harbour, Glass/Douglas/Dhoo/Middle River Confluence, River Glass and Upper Dhoo) and Laxey, are all identified as being at high risk both now and in the future.
3.4 With regard to the Historic Built environment, in section 6.8 talks about safeguarding the local character local character, particularly those features which fundamentally define the historic built environment in the East. Part of section 6.8.3 provides helpful guidance; "Existing and new development can exist side by side, even with some visual differences presented by old and new building styles. New development should not seek to mimic existing development but be of its own time".
3.5 Urban Environment Proposal 3 Development proposals must make a positive contribution to local character and distinctiveness. Traditional or contemporary approaches may be appropriate, depending upon the nature of the proposal and the context of the surrounding area.
3.6 With regard to Tourism in the east in section 10.2.1, only the Laxey wheel and the Great Laxey Mines Railway are noted.
Conservation Area Designation 3.7 The application site is identified as being within the Laxey Conservation Area 1990.
Strategic Plan 2016 3.8 Within the adopted Isle of Man Strategic Plan 2016, the following policies are considered to be relevant in the determination of this application:
==== PAGE 4 ====
21/00300/B Page 4 of 8
3.9 Strategic Policy 4 Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2) , buildings and structures within National Heritage Areas and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead to unacceptable environmental pollution or disturbance.
3.10 General Policy 2 (GP2) (in part) 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: (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; (g) does not affect adversely the amenity of local residents or the character of the locality;
3.11 Environment Policy 7 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.
3.12 Environment Policy 10 Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4.
3.13 Environment Policy 22 Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution.
3.13 Environmental Policy 35 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.
3.14 Other material Considerations; o Laxey Flood Alleviation Scheme Feasibility Study 2020 o Laxey Flood of 1st October 2019 Independent Review Final Report (Arup report) o Laxey Floor Modelling 2017 o National Strategy on Sea Defences, Flooding and coastal Erosion 2016 o Isle of Man Surface water flood map 2014 o Isle of Man Flooding and Wave Overtopping Study 2014
==== PAGE 5 ====
21/00300/B Page 5 of 8
o Flood Risk to Coastal Towns 2012
4.0 PLANNING HISTORY 4.1 It is pertinent to consider previous approved planning applications to Laxey River:
4.2 20/01385/B - Construction of reinforced concrete wall with stone cladding for the purpose of providing flood protection. This Section of wall ran from the Laxey Woollen Mill to the start of this application at No.4 Victoria Terrace. APPROVED.
5.0 REPRESENTATIONS (in brief, full statements can be read online) 5.1 Garff Parish Commissioners had not commented at the time of writing.
5.2 Highways Services have commented (02/04/21) and do not object.
5.3 DEFA Inland Fisheries have commented (19/04/21) any works to the watercourse bank and channel are restricted to a period 14th June to September (inclusive) to avoid spawning fish. Also, the works will need to be carried out in accordance with a method statement, to minimise disturbance to fish within the river.
5.4 DoI Flood Risk Management (06/04/21) do not object.
5.5 DEFA Bio-diversity commented (16/04/21) noting an assessment is being prepared and requests an ecological assessment.
5.6 Glen View, South Cape, Laxey commented (23/04/21) supplying photos of the weir and views from the footpath. Comments on the original weir should have been photographed prior to removal, the new wall will obstruct views of the river from Glen Road, seeks for an information board on Glen Road and viewing area and their importance to Laxey, comments on how the flooding occurred, potential impact on the side weir and lade structure with reduced water flows, considers the concrete wall out of character with the area and conservation area, stone facing should be to both sides to avoid a detrimental visual impact.
5.7 Isle of Man Natural History and Antiquarian Society commented (30/04/21) to say they don’t think the proposal is environmentally or nature friendly and does not properly record the Industrial Archaeological heritage of the Island and Laxey. Comments on the cause of flooding by woodland debris, compares the zoning of the Laxey and Lonan Plan and the Area Plan for the East and the lack of ecological interest designation. references Urban Proposal 3 from TAPE, does not consider the proposal to preserve or enhance and the lowering of the weir would have an adverse impact on the flow of water by lowering the water level in this area, the weir won’t be visible from Glen Road given the height of the walling, should include a viewing point, concrete finish will create a sterile appearance, should be stone faced, works detrimental to Laxey River, registered building application for the demolition should be submitted.
6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this planning application are;
(i) Justification for the works (EP7a,b; Ep10) (ii) Impact on the neighbouring properties (GP2g ; EP22) (iii) Any adverse harm to the watercourse (EP7c,d;GP2d) (iv) Visual impact on the wider streetscene and Laxey Conservation Area (SP4; EP35;GP2b&c)
6.2 Justification The starting point is the recommendations that were derived from the Arup report which has enabled JBA consulting to carry out surface water modelling and identify flood risk reduction opportunities possible within the Laxey Area. Of the 50 options for river, tidal and surface
==== PAGE 6 ====
21/00300/B Page 6 of 8
water flood risk alleviation, one of the options and the subject of this application is a new retaining wall between the Laxey River and Glen Road. This is further emphasised in the latest report (Laxey Flood Alleviation Scheme Feasibility Study 2020) at paragraph 6.1 titled; Long list of options - Fluvial and tidal referenced; (noted below in 6.3) This is also featured in paragraph 6.2.2 MER Weir and Glen Road Walls on page 35/36 where the table and pictogram shows the location of the works".
6.3 The supporting statement highlights that; "Following the floods of 2019, the superstructure of the weir was removed to prevent future blockages and the Department proposes to remove the sub-structure of the weir this summer which will include re-grading of the Laxey River bed in this area which will include the installation of a rock ramp which will control the river flows and prevent adverse river bank and bed level erosion".
6.4 There are multiple weir structures in the Laxey River adjacent to Glen Road that are now deemed by the applicants to be in a poor condition and in need of replacing as evidenced in the various reports. The applicant notes that "the existing weir structure is in a poor condition with a large scour hole at the left toe of the weir. The concrete platform is also in poor condition with steel reinforcement protruding from the platform and again, a large scour hole exists on the left side of the channel. If the existing structures were to fail, it could cause blockages downstream resulting in severe flooding".
6.5 There is a wider government initiative to progress mitigating measures to offset flooding under the 'Programme for Government for a Sustainable Island' where it says; " Continue to invest in sea defences and in reducing flooding and coastal erosion risks for those areas identified as high risk in our national strategy". Laxey River has been identified as being high risk and the requirement for these works has been identified within the latest report from JBA consulting and previous studies, as noted above, which has been sufficiently documented and justified. Of all the works shortlisted, and the subject of this application, are seen as one of the most fundamental aspects to implement the necessary safeguards. As such the department is satisfied there is sufficient need for the principle of the works and as no evidence or conflicting professional hydrological reports to the contrary are published, the application would be in accordance with Environment Policy 7 (a,b).
6.6 The broad range of details required for an EIA and Environmental Statements associated with development is intended for much larger and more complex developments and, most likely, set in a more environmentally sensitive locations. Not all of the items listed within the Town and Country Planning (Environmental Impact Assessment) Regulations 2017. Schedule 4, are of relevance to this development. This development concerns works to remove the weir structures and replace with a rock ramp weir made up of strategically placed boulders and well graded rock. The application demonstrates that it has broadly met the requirements of Environmental Policy 10.
6.7 Neighbours The proposed works for a replacement weir and installation of a rock ramp within Laxey River would be considered to be relatively non-contentious in the respect to the visual impacts on the neighbouring properties along Glen Road and would not be considered to be detrimental to their amenity once completed. The residents of Glen Road have not commented on the application as they are to benefit the most from the works and this would offer the added protection from flooding over the years safeguarding their properties. This aspect would be read in accordance with GP2g & EP22.
6.8 Watercourse The scope of works will see part of the river bed being transformed as previously noted in section 2.0 of this report. Importantly the comments from the inland fisheries and the Bio diversity officer are helpful and the applicant and their appointed contractors would be required to liaise with them for the production of a full method statement/ risk assessment of all the
==== PAGE 7 ====
21/00300/B Page 7 of 8
activities involved for works to replace the weir within the river prior to the works commencing on site. On balance, the proposed scale of the works whilst would be initially invasive to the river can be undertaken in a safe and appropriate manner to protect the quality of the local environment and would not adversely harm the water course in the long term, and would be compliant with GP2d and EP7c,d. This aspect can be controlled through an appropriately worded conditioned to ensure adequate safeguards are in place during the construction works.
6.9 Visual Impact The proposed replacement weir is partially visible from the opposite side of the river where there is a public footpath No.415 which runs from the Shore Hotel to the Commissioners offices (approx. 1km in length). On completion of the works the replacement with a rock ramp can be considered to be very important as it will protect the river from blockages and furthermore, the proposed solution will emulate the natural river, improving river continuity and fish passage. Whilst this would be a modern approach to the existing weir and twinned with the additional concrete walling to Glen Road which will be the same finish and height as the adjacent existing wall as previously approved, that would be the same concrete appearance before the wall becomes Manx Stone and would be considered to have a neutral impact, albeit not to everyone’s liking, but would be read in conjunction with the existing concrete walling previously approved. The proposed appearance of the rock ramp would be sympathetic to the surroundings and would be appropriate for the area without being detrimental to the wider Laxey Conservation Area. Any visual impact as a result of the proposed application, or loss of historic weir that is being replaced by the rock ramp and wall is deemed to be minimal with any harm being outweighed by the benefits of flood protection to the existing dwellings and their residents and is sufficiently justified as noted above. This aspect would comply with Sp4, EP35 and GP2b&c.
7.0 CONCLUSION 7.1 The application has been considered and on balance would be appropriate for the area and would not harm the use and enjoyment of neighbouring properties or considered to harm the watercourse or that of the Laxey Conservation area has been designed to comply with Strategic Policy 4, General Policy 2 and Environment Policy 7, 10, 22 and 35 of the Strategic Plan 2016, and is recommended for approval.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status. __
==== PAGE 8 ====
21/00300/B Page 8 of 8
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Committee Meeting Date: 10.05.2021
Signed : J SINGLETON
Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
Copyright in submitted documents remains with their authors. Request removal