11 May 2022
Classy Canine, End House, The Promenade, Laxey, Isle Of Man, IM4 7dd
The proposal was to extend the time limit on a prior approval (PA 17/00006/B, granted on appeal in 2018) for demolishing existing dilapidated dwellings, garage, and outbuildings and building four new dwellings in the Laxey Conservation Area.
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Environment Policy 35
Requires development to have a positive impact on the character and appearance of Conservation Areas. The Minister agreed with the Inspector that removing dilapidated buildings would positively affect the Laxey Conservation Area, and the replacement design was acceptable in this context, especially given the 2008 precedent approval.
No objection to the proposed development
No objection but required flood risk assessment and precautionary measures
Multiple consultees including DEFA Fisheries, DOI Flood Risk Management, and Garff Commissioners objected to the application primarily due to flood risk, landslip concerns, proximity to Laxey Bay Marine Nature Reserve, and site dereliction, while DOI Highways had no objection.
Key concern: high flood risk and wave overtopping adjacent to Laxey Bay Marine Nature Reserve
Garff Commissioners
ObjectionMembers voted unanimously to object to the application.; alternative achievable proposals and solutions needed to be brought forward.
DEFA Fisheries Directorate (Senior Marine Environment Officer)
ObjectionThe DEFA Fisheries Directorate wish to register an objection to this application; Planning approval without consideration of the short and long-term impacts... would appear to be contrary to Environment Policies 4 & 5
Department of Infrastructure (DOI) Flood Risk Management Division
ObjectionThe concern is that the site is subject to wave overtopping flooding; we do not have depths of flooding it is evident that flooding does occur to the site
Department of Infrastructure (DOI) Highways Division
No ObjectionHighway Services finds it to have no significant negative impact upon highway safety, network efficiency and /or parking.
Conditions requested: repeat conditions 4 and 5 of PA 17/00006/B; consider provision for bicycle storage; consider provision for an electric vehicle charging point
The original application 17/00006/B for demolition of existing dwellings, garage and outbuildings and erection of four dwellings was refused by the Department. The appellant appealed, and an Inspector assessed main issues including impact on Laxey Conservation Area, landslip protection, storm damage vulnerability, and traffic hazard, recommending refusal primarily on landslip grounds. The Minister attached substantial weight to a prior identical approval in 2008 (07/010201/B), agreed with the Inspector on conservation area, storm damage, and traffic issues finding them acceptable, but disagreed on landslip, deeming pre-commencement conditions sufficient as in the prior approval and visualising a non-detrimental retaining wall. Balancing all matters, the Minister directed the appeal be allowed with conditions including landslip scheme, materials details, construction method, and parking provision. Formal approval issued 15 March 2018.
Precedent Value
Demonstrates Ministers can overturn Inspectors via planning balance and precedent weight; pre-commencement landslip conditions acceptable even without full details if prior approvals exist; establishes persistence with similar schemes can succeed despite initial refusal.
