**Document:** Officer Planning Report
**Application:** 10/01356/B — Erection of two wooden shelters
**Decision:** Permitted
**Decision Date:** 2010-11-26
**Parish:** Laxey
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/37014-lonan-valley-gardens-terminus-mines-two-wooden-shelters/documents/1360042

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# Officer Planning Report

## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations ### Consultations [Table omitted in markdown export] [Table omitted in markdown export]

### Officer's Report

#### The Site

The application site includes two separate areas of land adjacent to and associated with the Laxey Mines Railway in Laxey Village. Both of the sites are part of a wider area which is owned by Laxey Village Commissioners.

Site A represents an area at the top of Laxey Valley Gardens to the north of the western branch of the railway line. Site B represents an area of the Mines Yard to the east of the fire station and Laxey River, adjacent to a footbridge and public footpath, and west of the railway line.

The Laxey Mines Railway is a recently restored narrow gauge line which was once part of the infrastructure associated with the Laxey Wheel and the Laxey mines. The railway runs up the Laxey Valley from the Valley Gardens (formerly the washing floors) north westwards to the old adit entrance. Following the restoration of the railway line, passengers are now able to ride along it in a small carriage.

## The Proposal

Proposed is the erection of two wooden shelters to be used as waiting shelters by passengers of the Laxey Mines Railway. The shelters would be constructed entirely of timber and erected directly onto existing hardcore surfaces, requiring no excavations.

Shelter A would be erected at the Valley Gardens Terminus of the railway. The shelter would be a rectangular construction with four walls and an opening on one side. The roof over would be pitched with hipped sections at either end. There would be an interior seat running along the back wall of the shelter. The measurements of the shelter would be 3.65 metres wide, 2.1 metres deep, 2.25 metres to eaves height and 3 metres to the top of the roof ridge. The walls would be horizontal shiplap planks on a wooden frame treated with wood stain and the roof would be wooden shingles on a wooden frame.

Shelter B would be erected at the Mines Yard Terminus of the railway. The shelter would be a rectangular construction with three walls and the fourth wall completely open. The roof over would be mono pitched and sloping backwards from the front to the back of the shelter. There would be an interior seat running along the back wall. The measurements of the shelter would be 3.2 metres wide, 1.45 metres deep and 2.55 metres to the highest point of the roof. The walls would be horizontal shiplap planks on a wooden frame treated with wood stain and the roof would be wooden boards covered with felt. The shelter would be anchored onto the hardcore surface with metal straps set into concrete.

### Planning History

The following previous planning applications are considered relevant in the assessment and determination of this application;

00/00721/A - Permitted 05.09.00 Approval in principle for continuation of Laxey mine track renovations. 05/00103/B - Permitted 14.04.05 Ongoing restoration of the trackwork of the former Great Laxey Mine Railway. The continued laying of new narrow gauge trackwork on the former mine railway trackbed.

### Development Plan Policies

Shelter A is proposed within an area designated as Public Open Space and Shelter B is proposed within an area designated as Private Woodland or Parkland in the Laxey and Lonan Area Plan Order 2005, Map No. 1. Both sites are located within the Laxey Conservation Area.

The Isle of Man Strategic Plan 2007 contains policies which are considered material to the assessment of this current planning application;

Strategic Policy 8; Tourist development proposals will generally be permitted where they make use of existing built fabric of interest and quality, where they do not affect adversely environmental, agricultural, or highway interests and where they enable enjoyment of our natural and man-made attractions.

General Policy 2;
Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
- (a) is in accordance with the design brief in the Area Plan where there is such a brief;
- (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;

- (c) does not affect adversely the character of the surrounding landscape or townscape;
- (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
- (e) does not affect adversely public views of the sea;
- (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
- (g) does not affect adversely the amenity of local residents or the character of the locality;
- (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
- (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
- (j) can be provided with all necessary services;
- (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
- (I) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
- (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
- (n) is designed having due regard to best practice in reducing energy consumption. Environment Policy 35; Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development.

## Consultations

The Department of Infrastructure Highways Division do not object to this application, as there are no traffic management, parking or road safety implications.

Laxey Village Commissioners recommend that the application be approved.

### Representations

No written responses have been received from the general public.

### Assessment

The works are related to the continued restoration of the historic Laxey Mines Railway and the principle of this venture is something which should be supported, subject to the impact on the surrounding landscape and Conservation Area.

From visiting the site, "Shelter A" seems to already be existing. A photograph of this shelter in its existing position has been submitted as part of this application, stating that restoration is required. The shelter is located in an area immediately north of and at a higher level than the Laxey Valley Gardens. There are stone buildings, signage and fencing in this area which are associated with the railway line and I consider that the shelter has an acceptable impact on the surrounding area in general and on the Conservation Area. Although the shelter is located within an area designated as Public Open Space, it would not result in a loss of public open space due to being a public feature and associated with the adjacent railway. "Shelter B" would be smaller than "Shelter A" in its width, depth and height. The shelter would be located to the west of the railway line near to a footbridge and from visiting the site, there is already a small fenced off area and signage here for waiting passengers. The proposed structure would be relatively small and constructed of natural materials, so it would be suitable for its setting in a wooded area and appropriate when viewed in its context with the historic railway line and therefore in the Conservation Area. The site is part of a wider area designated as Private Woodland or

Parkland so all of the trees are Registered and no work can be carried out to the trees without written permission from the Department of Environment Food and Agriculture. From visiting the site and viewing the construction of the building shown in the submitted plan, it is considered that the proposal would not affect the existing trees due to the size, location and construction of the proposed building.

RECOMMENDATION

For the above reasons this proposal is considered to be acceptable and is recommended for approval.

## PARTY STATUS

It is considered that the following parties, who submitted comments, should be afforded Interested Party Status;

The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered an "interested person" and as such should be afforded party status.

It is considered that the following parties, who submitted comments, should not be afforded Interested Party Status;

The Department of Transport Highways Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

Recommendation

Recommended Decision: Permitted Date of Recommendation: 11.11.2010 Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
- : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to the erection of two wooden shelters for the Great Laxey Mine Railway, one at the Valley Gardens Terminus and one at the Mines Yard Terminus, as shown in drawing numbers 1, 2, 3, 4, 5, 6 and 7, all date stamped 14th September 2010.

I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer. **Decision Made:** Permitted **Date:** 22/11/19 **Signed:** __________________________ Senior Planning Officer

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/37014-lonan-valley-gardens-terminus-mines-two-wooden-shelters/documents/1360042*
