10 September 2007 · 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 formerly used as a dwelling and café, backing onto a steep 45-50 degree slope to Old Laxey Hill. The proposal involves demolishing these structures and erecting two blocks of three-storey dwellings (one terrace of three, one detached), wit…
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The proposal is identical to prior application 06/00791/B, where the Planning Inspector found design enhances the Conservation Area (derelict buildings detract; new development sensitive to position a…
General Policy 2
Requires development in zoning to respect site/surroundings in siting/layout/scale/design, not adversely affect townscape/amenity/highway safety/services/erosion/flooding risks. Officer assessed proposal complies given residential zoning, prior Inspector findings on design/highways/parking, addressed slope/inundation via reports.
Environment Policy 35
Permits development in Conservation Areas only if preserves/enhances character/appearance, protects special features. Derelict buildings detract; proposal enhances by sensitive positioning as vista stop per prior Inspector; modern elements conditioned.
Housing Policy 4
New housing primarily in towns/villages or sustainable extensions; countryside exceptional. Site in existing village residential designation under Area Plan, previously developed.
Environment Policy 11
Coastal development not increasing flood/erosion risk, not prejudicing sea defences, no extra protection needs. Existing seawall protects; limited ground-floor living; no increased risk.
Environment Policy 28
No development at risk from or increasing ground instability unless precautions. Ground report addresses via vegetation/retaining; pre-commencement condition for scheme required.
Residential Policy 1 of Laxey and Lonan Area Plan Order 2005
Residential only in designated areas. Site designated predominantly residential.
Car parking standards
Requires 3 parking spaces/unit, one in curtilage. Prior Inspector found satisfactory despite standards.
Conservation Area Policy 4 of Laxey and Lonan Area Plan Order 2005
Special attention to preserving/enhancing Conservation Area character per Act. Assessed as enhancing.
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 SM07/123/1 and SM07/123/2 date stamped the 28th June 2007.
Foul sewer connection
The proposed development must be connected to the main foul sewer.
Surface water separation
There must be no discharge of surface water to the main foul sewer.
Slope stabilisation scheme
Prior to the commencement of development a scheme to address potential danger as a result of landslip, together with a method statement and programme of works, shall be prepared by an appropriately qualified engineer and submitted to and agreed in writing by the planning authority. The works shall be carried out in accordance with the agreed scheme and none of the dwellings hereby permitted shall be occupied until the planning authority have confirmed in writing that the works have been satisfactorily completed in accordance with the agreed scheme.
Materials approval
Notwithstanding the information shown on the application drawings, prior to the commencement of development, details of eaves, windows, external doors and external facing materials shall be submitted to and agreed in writing with the planning authority. The development shall thereafter be carried out in accordance with the agreed details.
Generally supports the planning application
No objection subject to conditions
Multiple statutory consultees including utilities raised no objections subject to drainage and water connection conditions, while Laxey Village Commissioners and the Society for the Preservation of the Manx Countryside & Environment objected citing conservation area incompatibili…
Key concern: stability of the cliff slope and vulnerability to inundation
Society for the Preservation of the Manx Countryside & Environment
No ObjectionLittle trace remains of the original mill and these extensions, though extensive, seem of little concern to us. It is in the middle of the Village, though a C.A. NOCO
Isle of Man Water 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 to ensure that a connection is obtained for water supply purposes
Conditions requested: condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws; For connections that comprise more than a single connection to a water main or service, or where new water mains and hydrants will be required, the applicant should contact the IoMWA Planning and Projects Section, tel. 69 59 58
Laxey Village Commissioners
ObjectionThe Commissioners recommend that the application is refused.; The proposals contained within this application have not been altered from application PA 06/00791 which was ‘Refused’ at Appeal stage
Laxey Village Commissioners
ObjectionThe Commissioners recommend that this application is ‘Refused’ and that the decision of the Planning Committee to ‘Approve’ the application is rejected.
Department of Transport Drainage Division
Conditional No ObjectionNo Objection in principle, subject to the following conditions
Conditions requested: The proposed development must be connected to the public foul sewer in a manner acceptable to the Department of Transport Drainage Division. The applicant must contact the Drainage Division prior to any work being carried out on the public sewer.; There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage systems so as to comply with the requirements of the Department of Transport Drainage Division and the Sewerage Act 1999.; The use of any domestic foul pump for this development must only be used after consultation with the Department of Transport drainage Division, in particular any proposed connection into the existing public foul sewer with rising main.
Department of Transport Drainage Division
No ObjectionThe Drainage Division have no objections to this appeal being considered on written evidence only.
Conditions requested: The proposed redevelopment of Cliffside and End Café must be connected to the public foul sewer in a manner acceptable to the Department of Transport Drainage Division.; The use of any domestic foul pump for this development must only be used after consultation with the Department of Transport drainage Division, in particular any proposed connection into the existing public foul sewer with rising main.; There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage systems so as to comply with the requirements of the Department of Transport Drainage Division and the Sewerage Act 1999.
The original application (07/01201/B) for demolition of existing derelict dwellings, garage, outbuildings and construction of four replacement dwellings with integral garages and parking was approved by the Planning Committee on 6/9/07 on officer recommendation, addressing prior concerns from a similar 2006 approval that was overturned on safety grounds. Laxey Village Commissioners appealed the approval, arguing unresolved slope stability and inundation risks, poor design in the Conservation Area, inadequate parking, highway safety issues and impacts on public infrastructure. The applicant and Council defended the scheme, citing engineering reports on slope stability and sea wall protection elevating living spaces. Inspector Neil A C Holt conducted a public inquiry on 5 December 2007, found design, parking and highway issues acceptable per prior precedent, accepted engineering evidence on landslip mitigations (with conditions) and dismissed inundation concerns due to existing protections. Appeal dismissed in December 2007, upholding approval with added conditions for slope stability scheme and materials details.
Precedent Value
Demonstrates that resubmissions with targeted technical evidence (e.g. geotechnical reports) can overturn prior refusals on safety grounds via conditions; modern designs can enhance Conservation Areas if sensitive to context; appellants must provide robust evidence beyond general concerns.
Inspector: Neil A C Holt
