DEC Officer Report

Application No.: 22/00207/B Applicant: The Laxey Laundrette Proposal: Removal of 3.2m of boundary wall to widen existing access Site Address: Deepdale Laxey Launderette Glen Road Laxey Isle Of Man IM4 7AB Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 05.04.2022

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 removal of the wall, details of the proposed flood defences to be installed must be approved in writing by the Department and retained as such thereafter. Reason: to protect the site from possible flooding.
• C 3. Unless included as part of details approved under Condition 2, the access and layout shall be built in accordance with Drawing No: 100.

Reason: to ensure the development takes place in accordance with the approved plans in the interests of highway safety.

This application has been recommended for approval for the following reason. The proposal complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 23rd February 2022;

• o Drawing No. 100
• o Planning Statement

_______________________________________________________________ Interested Person Status – Additional Persons

DOI (Flood Risk) should be afforded IPS as they have commented on material planning issues. _____________________________________________________________________________

Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of the Laxey Launderette, Deepdale Complex which is situated to North of Glen Road opposite the Laxey River. - 1.2 The proposed area is situated to the South of the site and is a 3.2m wall in front of a shared parking area. THE PROPOSAL

2.1 The current planning application seeks approval for the removal of the 3.2m wall situated adjacent to Glen Road. - 2.2 The information provided as part of the application stated that there is difficulties using the shared parking area due to only one entrance and that the removal of the walling will assist in the parking being available and safer. PLANNING HISTORY

3.1 The previous applications are not relevant in the assessment of this application. PLANNING POLICY - 4.1 The site lies within an area zoned as "Mixed Use" under the Area Plan for the East, Map 7 Laxey. The site is within a Conservation Area and a Flood Risk Zone, as such Environment Policy 10 and 13 are applicable.

4.2 Given the nature of the of the land designation and the property being within a Conservation Area, Section 18(4) of the Town and Country Planning Act (1999) is the most relevant in the assessment of this application. Followed by paragraph 7.29.2 and Environment Policy 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area. REPRESENTATIONS - 5.1 The following representations can be found in full online;

5.2 Highway Services have considered the proposal and do not oppose, stating, "The proposal raises no significant road safety or network functionality issues. It would make for more convenient entry and exit for a large van and for all user operations. Accordingly, Highways raises no opposition subject to conditions for the access and layout to accord with Drawing No:

1. The Applicant is advised of the need for a s109(A) Highway Agreement after grant of planning consent." (07.03.22)

5.3 Garff Commissioners have considered the proposal and state, "The details and impact of this application were considered. There were no objections to this application." (22.03.22) - 5.4 DEFA Fisheries have written in to state that they have no concerns from a fisheries perspective. (29.03.22) - 5.5 DOI Flood Risk Management have considered the proposal and "Do not Oppose." (11.03.22) ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are:

• - Section 18(4) test
• - character and appearance (GP2, b,c)
• - flood risk (EP10 & 13)

- 6.2 SECTION 18(4) TEST

• 6.2.1 Due to the proposed works being in a Conservation Area it is necessary to test the application under section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works preserve or enhance the Conservation Area.
• 6.2.2 The site itself is situated within a Mixed Use area to the lower end of Glen Road, with the surrounding area giving the feeling and appearance of a Mixed Use area. The existing wall does not add to the existing Conservation Area and the removal of the wall will not alter how the area is seen within the overall streetscene.

• 6.2.4 As such with the above in mind the works will pass the Section 18(4) test by preserving the Conservation Area.

6.3 CHARACTER AND APPEARANCE

• 6.3.1 When looking at the character and appearance of the proposed works on the surrounding area, the main impact would be making sure that the works preserve or enhance the Conservation Area.

• 6.3.2 The removal of the wall will assist in parking being easier on the site and also for the traffic movements from the site. Whilst the removal of the wall will be a noticeable item within the streetscene its removal ultimately will not affect the Conservation area nor the surrounding area.

6.4 FLOOD RISK

• 6.4.1 As stated in section 4 of this report, the site itself is within a flood risk zone. Whilst a Flood Risk Assessment hasn't been received as part of this application, the submitted statement states that "If this application is successful the owner/occupier of the Laxey Laundrette has agreed to purchase and install new flood defence boards to cover the additional width of the opening prior to the demolition of the existing wall." As DOI Flood Risk Management have not raised any queries regarding this and do not oppose it is taken that the

proposal is acceptable. Whilst this is the case to ensure that the flood defence boards are installed prior to the work, a condition should be attached to the application.

CONCLUSION

7.1 The proposed removal of the walling is acceptable in terms of their form, mass and design which preserves the overall Conservation Area and as such complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016. 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

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 06.04.2022 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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