20 April 2007 · Delegated - Director of Planning and Building Control (M. I. McCauley)
Pipe Factory, Tent Road, Laxey, Isle Of Man, IM4 7db
The proposal involved refurbishing the historic Former Pipe Factory building at the corner of Tent Road and Laxey Promenade to create office space for a mining machinery design team, with basement parking and ancillary residential accommodation restricted to staff.
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The officer noted extant prior approvals for office use and internal works under 06/01389/B, so re-examination was unnecessary; the proposal was amendments to external details only.
Office use policy
Permits office use in existing architecturally interesting buildings outside mixed-use areas if it aids renovation/maintenance, provides adequate parking, avoids amenity harm to neighbours, and does not alter building/site character. Officer found building met 'architectural interest' test with renovation benefits; separations limited amenity/noise impact; prior approvals confirmed use/parking acceptability.
Conservation Area Policy 4 of Laxey and Lonan Area Plan Order 2005
Requires special attention to preserving/enhancing Conservation Area character per 1991 Act s12(4). Proposals enhanced area via refurbishment and design restoring warehouse style, per Conservation Officer.
Car parking in Conservation Areas policy
Flexible parking for existing properties to conserve character; standards relaxed if detrimental to appearance. On-site basement spaces plus nearby public/on-street parking justified relaxation given historic benefits.
Commercial parking policy
Requires adequate parking for workforce/visitors, considering on-street availability. Existing/public parking supplemented limited on-site provision.
Planning Policy Statement 1/01 - Policy CA/2 (Conservation Areas)
From PPS 1/01; Conservation Officer applied to assess alterations in Conservation Area.
Conservation Area Policy 4 (PPS 1/01)
From PPS 1/01; endorsed window/door changes as respecting potential registered status.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to drawing no.s P-01, P-02, P-03 rev. D and P-04 date stamped the 5th December 2006.
Photographic survey
Prior to the commencement of any building works, a photographic survey must be undertaken to record all existing internal and external features of interest, such a record to be prepared in consultation with the Conservation Officer of the Department.
Roof canopies materials
The proposed roof canopies to The Promenade are to be slated in natural, 'heather' coloured slates, to match the remainder of the building's main roof.
Ancillary residential occupancy
The occupation of the residential accommodation created by this approval is limited to persons whose primary employment is in association with the operation of the specified business contained within the building.
no objection subject to approval of proposed window details prior to works
do not oppose subject to provision of ten parking spaces
Multiple responses including objections from neighbouring residents and SPMCE on heritage and privacy impacts, support from Manx National Heritage for protection, no objection from Highways Division with conditions, and conditional no objection from Laxey Village Commissioners.
Key concern: proposals will harm historic character and integrity of former pipe factory/warehouse in Laxey Conservation Area
Highway Services Division
Conditional No ObjectionDo Not Oppose subject to the imposition of planning conditions
Conditions requested: Ten off street parking spaces are secured to serve the needs of the development prior to occupation
Manx National Heritage
No Objectionwe would ask the Planning Committee to ensure that no works are permitted which would either physically or visually damage its integrity as prominent landmark structure of considerable historical worth; this building has not been registered, and we believe... that it is fully deserving of such protection as may be afforded by registered status
Laxey Village Commissioners
Conditional No Objectionthe commissioners have no objections to the proposals, however the commissioners have requested that samples of the proposed replacement windows frames are provided for approval prior to order placement with the supplier
Conditions requested: samples of the proposed replacement windows frames are provided for approval prior to order placement with the supplier
Society for the Preservation of the Manx Countryside & Environment
ObjectionThe Society would like to SUPPORT these comments and we therefore OBJECT to the application; You will have received a letter from the occupiers of "Oir Ushtey", The Promenade, Laxey setting out detail objections to the fenestration and doorways of this building
Mr J Kinnish and Miss D Hallam
Objectionwe object to the fact that they are not exactly replicated to the windows as existing; We strongly object to the French door style doors & balconies on the seaward elevation; These are not in keeping with the building and its appearance. ... The proposed signs are vulgar
D K Hallam and J A Kinnish
ObjectionThe effect of when the window is open is as if there is no window in at all. This causes up deep concern with regard to privacy and noise
Peter Kinnish
ObjectionI wish to register an objection to above application. At this stage all I wish to say is that the frontage proposed is not in keeping with a "registered building"
The original planning application (06/02096/B) for refurbishment and alterations to the former Pipe Factory in Laxey was approved by the Planning Committee, prompting an appeal by neighbouring residents J A Kinnish and D K Hallam objecting to window design, French doors/balcony railings, and signage. Appellants argued these features failed to replicate historic elements, harmed privacy, and were inappropriate for a potential Registered Building. The applicant and Planning Committee defended the proposals as enhancing the conservation area, providing practical improvements over existing poor-quality windows, and causing no undue amenity harm due to restrictors and distances. The inspector found the changes preserved and enhanced the Laxey Conservation Area character while having no unacceptable impact on residential amenity. The appeal was dismissed, permission upheld with an added condition on balustrades.
Precedent Value
Appeals against conservation area approvals can fail if proposals demonstrably enhance character despite neighbour objections; focus on practical functionality, restrictors for amenity protection, and area-wide benefits over exact replication. Applicants should gather local support and reference prior permissions.
Inspector: Andrew D Kirby