**Document:** Officer Planning Report **Application:** 09/01837/B — Construction of a stepped access ramp and use of part of field as a seating/picnic area **Decision:** Permitted **Decision Date:** 2010-01-08 **Parish:** Lonan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/64245-lonan-land-within-curtilage/documents/1392907 --- # Officer Planning Report ## Planning Report And Recommendations [Table omitted in markdown export] ## Written Representations [Table omitted in markdown export] ## Officer's Report THE APPLICATION SITE AND PROPOSED DEVELOPMENT The application site comprises a parcel of land to the east of the Laxey Wheel in Laxey. The proposed development comprises the construction of a stepped access ramp and use of part field as a seating/picnic area. PLANNING HISTORY There has been one previous planning application that could be considered potentially material to the assessment of this current planning application. Planning application 09/00857/B sought approval for a seating/picnic area and location of a mobile catering unit. Following concerns regarding the mobile catering unit element of the proposal this previous planning was withdrawn before any decision was made. REPRESENTATIONS Laxey Village Commissioners recommend that the planning application be approved. PLANNING POLICY In terms of local plan policy, the application site is located within a wider area of land that is designated as i) open space/agricultural use; and ii) high landscape value and scenic significance under the Laxey and Lonan Area Plan Order 2005. It is also located within Laxey Conservation Area. The Laxey and Lonan Area Plan Order 2005 contains four policies that are considered specifically material to the assessment of the planning application: Policy L/OSNC/PR/1 – Development in areas of open space states: "There will be a general presumption against development in areas designated as open space or open space for particular purposes." Policy L/CRB/PR/1 - Archaeology states: "No development will be approved where this adversely affects either a feature of archaeological importance or the setting of such a feature. Manx National Heritage must be consulted prior to the formulation of any development proposals near to sites of such importance: in particular in the case of development areas 5, 13 and 19." Policy L/CRB/PR/4 - Conservation Area status states: "Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications with 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)." Policy L/CRB/PR/6 - Laxey Wheel and the Mines Complex states: "The importance of Laxey Wheel and the Mines as internationally significant and the innovative and unique remains of the lead mining industry is recognised and the attainment of UNESCO World Heritage Site status for the site is to be encouraged." 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 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: - (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); - (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); - (c) previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; - (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); - (e) location-dependent development in connection with the working of minerals or the provision of necessary services; - (f) building and engineering operations which are essential for the conduct of agriculture or forestry; - (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and - (h) buildings or works required for interpretation of the countryside, its wildlife or heritage." Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative." Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: - (a) the development would not harm the character and quality of the landscape; or - (b) the location for the development is essential." 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 approval for the construction of a stepped access ramp and use of part field as a seating/picnic area. The proposal has been the subject of pre-application and on-site discussion with the applicant (Manx National Heritage). As stated earlier in this report the planning application follows a previous planning application that was withdrawn by the applicant before any decision was made. This previous planning application (09/00857/B) sought approval for a seating/picnic area and location of a mobile catering unit. At that time concern was expressed regarding the mobile catering unit. However, it was felt that the seating/picnic area was generally acceptable. The development proposed by the current planning application is essentially the same as the previous planning application but without the mobile catering unit. At present, facilities within the Laxey Wheel site are relatively limited. The proposal seating/picnic area is proposed to address this issue. The level of development is modest and largely temporary in nature, it would not require significant work to remove the development and return to the application site to its previous state. It is considered that the proposal is acceptable as location dependent development for which there is no reasonable alternative and that is intrinsically linked to the interpretation of a heritage site. The setting of the Laxey Wheel and Conservation Area is not unduly affected by the proposed development. The proposal is arguably an enhancement to the heritage site. 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 meet the criteria of Government Circular 1/06 and should be afforded interested party status: Laxey Village Commissioners. Recommendation Recommended Decision: Permitted Date of Recommendation: 15.12.2009 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 drawing no.s 09/2271/03 and 09/2271/04 date stamped the 10th November 2009. I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer Decision Made : Permitted Date : 31/12/09 Signed : ______________________________ Senior Planning Officer 15 December 2009 09/01837/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/64245-lonan-land-within-curtilage/documents/1392907*