18 September 2006 · Planning Committee
Classy Canine, End House, The Promenade, Laxey, Isle Of Man, IM4 7dd
The site at the south-western end of Laxey Promenade contains derelict buildings previously used as a dwelling and cafe, damaged by a landslip. The proposal replaces them with two blocks of three-storey dwellings (a terrace of three and one detached), each with integral garages at ground floor and living accommodation …
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The officer assessed the principle of residential development as acceptable per zoning under policy L/RES/PR/1 of the Laxey and Lonan Area Plan 2005.
Residential Policy 1 of Laxey and Lonan Area Plan Order 2005
Requires residential development only in designated existing/proposed residential areas; officer confirmed site zoning allows principle of residential use, so specifics assessed further.
Car parking standards
Requires 3 spaces per unit (one in curtilage); officer found at least 7 spaces feasible but deemed two maximum reasonable per recent appeal precedent, as rigid standard outdated; scale reduction reduced traffic impact.
Conservation Area Policy 4 of Laxey and Lonan Area Plan Order 2005
Special attention to preserving/enhancing character per 1991 Act s.12(4); reduced scale/massing/design (three-storey blocks, traditional materials, seafront glazing) overcomes prior refusals, enhances Promenade as 'end stop'.
Planning Policy Statement 1/01 - Policy CA/2 (Conservation Areas)
Prior refusals cited failure to enhance CA; current scheme's evolution (lighter form, traditional elements) addresses this per officer.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved drawings
This approval relates to drawing no.s 5281/1/A and 5281/2/A date stamped the 28th July 2006.
Foul sewer connection
The proposed development must be connected to the main foul sewer. NOTE: A Drainage Connection Fee will be payable to the Drainage Authority on this development.
No surface water to foul sewer
There must be no discharge of surface water to the main foul sewer.
Retain boundary wall
The boundary wall between the site and the public highway must be retained in its present position, height, and detail.
interest expressed, no objection
no objection subject to conditions on foul sewer connection and no surface water discharge
Multiple objections from individuals and Laxey Village Commissioners citing overdevelopment, traffic congestion, conservation area incompatibility, and boundary issues with public recreation land; statutory consultees raised no objections but requested utility connections and DoT Highways objected due to inadequate parking and turning.
Key concern: inadequate parking provision and vehicle turning facilities
Laxey Village Commissioners
ObjectionThe Board object to the Planning Committee’s decision to approve this planning application; any replacement dwelling/s should seek to preserve the unique architectural character of Laxey Promenade
Manx Electricity Authority
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority
Conditions requested: applicant must contact the Authority; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application
IoMWA
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority
Conditions requested: applicant must contact the Authority to ensure that a connection is obtained for water supply purposes
Department of Transport Highway Division
ObjectionObjection | The parking provision and vehicle turning facilities are inadequate to serve the needs of the development
The original application 06/00791/B for demolition and four replacement dwellings was approved by the Planning Committee on 14 September 2006 despite objections from Laxey Village Commissioners on design, parking, and traffic. The Commissioners appealed, arguing incompatibility with the Conservation Area, inadequate parking, and pedestrian safety risks. The inspector held an inquiry on 17 January 2007, found the design would enhance the Conservation Area and parking/traffic acceptable, but recommended refusal due to unaddressed risks of landslip and inundation from the site's unstable slope and climate change. The recommendation was agreed, refusing permission subject to satisfactory resolution of safety evidence. This followed prior refusals for larger six-dwelling schemes dismissed on appeal for overdevelopment.
Precedent Value
Demonstrates that even approved schemes can be overturned on third-party appeal if safety risks like landslip/inundation lack expert evidence; future applicants must proactively address site-specific hazards with qualified reports before submission.
Inspector: David Ward
