**Document:** Officer Planning Report 10/01463/B **Application:** 10/01463/B — Erection of fencing along a public footpath (Retrospective) **Decision:** Permitted **Decision Date:** 2010-11-23 **Parish:** Lonan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/37224-lonan-laxey-harbour-chalets-cairns-fence-retrospective/documents/1361979 --- # Officer Planning Report 10/01463/B ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] ### Officer's Report This application is before the Planning Committee, as the Local Authority has recommended refusal of the proposal and the Case Officer has recommended approval. ### The Application Site And Proposed Development The application site comprises land that is located east of Breeze Hill and north of Laxey River in Laxey. The proposed development comprises the erection of fencing along the public footpath that runs within the land. ### Planning History Whilst the application site has been the subject of a number of previous planning applications it is considered that none of these are specifically material to the assessment of this current planning application. ### Representations Laxey Village Commissioners recommend that the planning application be refused on the grounds that they consider the fencing to be inappropriate and detrimental to the visual amenity of the area and Laxey Conservation Area. They also express concerns that the fencing restricts access. The Department of Infrastructure Highways Division do not oppose the planning application. The owners and/or occupants of Glen Cairn, which is located on Tent Road, object to the planning application. The grounds for their objection can be summarised as concern that the fence is out of keeping with the area and detrimental to the character of the Conservation Area. They question the actual need for fencing. ## Planning Policy In terms of local plan policy, the application site is part located within a wider area of land that is designated as tourism and leisure under the Laxey and Lonan Area Plan Order 2005. The entire application site is also within a Conservation Area. There are three policies within the Laxey and Lonan Area Plan Order 2005 that are considered specifically relevant to the assessment of the planning application: Policy L/TRT/PR/2 states: "Only those developments associated with tourism will be permitted on those sites identified for tourism on the plans." Policy L/TRT/PR/8 relates to the Lower Cairn site and states: "This site is considered suitable only for purposes related to tourism and where development is confined to the western part of the site with the remainder appropriately landscaped and with public access thereto. New built structures must be designed to take account of the prominent and natural character of the site. Permanent accommodation will not be approved on this site in any form." Policy L/CRB/PR/4 states: "Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications within the area, to the desirability of preserving or enhancing its character or appearance in accordance with the Town and Country Planning Act 1991 (12.(4)." In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains four policies that are considered specifically material to the assessment of this current planning application: General Policy 2 states: "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; - (l) 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 states: "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." ### Assessment The planning application seeks planning approval for the erection of fencing along the public footpath that runs within the land. Planning approval is sought retrospectively, with the fencing already being in situ. Case law has established that the fact that planning approval is sought retrospectively should neither advantage nor disadvantage assessment of the planning application. In terms of assessment the primary consideration is the impact of the fencing on the visual amenity of the area and the impact on the character and appearance of the Conservation Area. The possibly restriction of access arising from the fencing is a civil matter between respective landowners. The fencing, which is intended to delineate between the holiday chalets and adjoining land, is of a relatively standard form and of an appearance that is considered to be visually acceptable within the area. The height of the fencing is not excessive and therefore does not unduly affect the general open nature of the wider site. Similarly, the impact of the fencing on the Conservation Area is concluded to be relatively limited, with the character and appearance being suitably preserved. Overall, it is concluded that the fencing has an acceptable impact on the visual amenity of the area and the Conservation Area. As such, the proposal accords with the provisions of policy L/CRB/PR/4 of the Laxey and Lonan Area Plan Order 2005 and General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2007. It is recommended that the planning application be approved. ## PARTY STATUS It is considered that the following parties that made representations to the planning application should be afforded interested party status: Laxey Village Commissioners. It is considered that the following parties that made representations to the planning application should not be afforded interested party status: The Department of Infrastructure Highways Division; and The owners and/or occupants of Glen Cairn (too distance from application site to warrant interested party status). Recommendation Recommended Decision: Permitted Date of Recommendation: 05.11.2010 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 location plan, site plan and photo sheet date stamped the 5th October 2010. I confirm that this decision has been made by the Planning Authority in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005 Decision Made : 22/11/18 Authority Meeting Date : 22/11/18 Signed : 22/11/18 Presenting Officer Further to the decision of the Authority an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO 5 November 2010 10/01463/B Page 3 of 3 --- *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/37224-lonan-laxey-harbour-chalets-cairns-fence-retrospective/documents/1361979*