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Application No.: 25/01201/CON Applicant: Manx Utilities Proposal: Registered Building Consent for the proposed demolition of three freestanding chalet buildings Site Address: Laxey Harbour Chalets Breeze Hill Laxey Isle Of Man IM4 7DL Planning Officer: Russell Williams Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 17.03.2026 Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions
C 1. The works hereby granted registered building consent shall be begun before the expiration of four years from the date of this consent.
Reason: To comply with paragraph 2(2)(a) of schedule 3 of the Town and Country Planning Act 1999 and to avoid the accumulation of unimplemented registered building consents.
The proposed demolition and works requiring Consent will, in part, facilitate a new sewage treatment netowrk should permission for that development be granted. The impact of demolition is acceptable on the basis of the submitted infomration and will not give rise to any adverse imapct upon the character or appearance of the Conservation Area. The proposals comply with Environment Policy 39 and Planning Policy Statement 1/01.
Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped 18 Decvember 2025:
It is recommended that the following organisations should NOT be given the Right to Appeal: Garff Commissioners - No objection DOI Flood Management - Comments do not relate to matters material to consideration of the application.
1.1 The site is a parcel of land which lies on the northern side of Laxey Harbour and incorporating a section of space above the river linking the site with the southern side of the harbour - Tent Road.
1.2 The main part of the site abuts Breeze Hill on its western boundary but also running alongside a number of residential curtilages, those of Thie yn Droghad, Riversend Chalet and Croit e Vey between the site and the harbour; Cranford and Ballachrink Cottage to the north and the access on the southern side of the river/harbour sits alongside Old Harbour House.
1.3 The site currently accommodates three holiday chalets and a larger timber unit. There is also a sewage holding tank located underground at the south eastern corner of the site.
1.4 The site is relatively flat closest to the harbour before rising sharply at the north and eastern sides in the form of treed and vegetated brooghs.
1.5 A public footpath runs through the site PROW 359 and the Raad ny Foillan long distance footpath runs up Breeze Hill, past the site. PROW 359 runs from the Raad ny Foillan, east across the site, up steps and then branches into two directions, one back to the Raad ny Foillan just above Old Ballachrink Farm and the other path leading east across the headland.
2.1 The application seeks consent for the demolition of three timber holiday chalets located on land adjacent to Laxey Harbour.
2.2 The works proposed in relation to this application for Registered Building Consent application are considered to involve:
3.1 The site lies within an area designated as Buildings or Land for Civic, Cultural or Other Use on the Area Plan for the East. The site is within Laxey Conservation Area. The buildings are not Registered.
3.2 The relevant policy regarding the demolition of fabric within the Conservation Area is Environment Policy 39 which states:
"The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area."
4.1 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is a material consideration.
4.2 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man includes Policy CA/6 (Demolition which states:
"Any building which is located within a conservation area and which is not an exception as provided above, may not be demolished without the consent of the Department. In practice, a planning application for consent to demolish must be lodged with the Department. When considering an application for demolition of a building in a conservation area, the general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the conservation area. Similar criteria will be applied as those outlined in RB/6 above, when assessing the application to demolish the building, but in less clear cut cases, for example, where a building could be said to detract from the special character of the area, it will be essential for the Department to be able to consider the merits of any proposed new development when determining whether consent should be given for the demolition of an unregistered building in a conservation area. Account will be taken of the part played in the architectural or historic interest of the area by the building for which demolition is proposed, and in particular of the wider effects of demolition on the building's surroundings and on the conservation area as a whole."
4.3 Section 18(4) of the Town and Country Planning Act (1999) is relevant and states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act".
5.1 20/00082/B - Erection of replacement sewage treatment works with associated landscaping and bridge for vehicle access - Refused
5.2 25/90738/B - Development of a wastewater network in Garff, comprising a Sewage Treatment Works, five associated Sewage Pumping Stations, interconnecting pipelines and associated works - Awaiting determination
6.1 DEFA Fisheries - As the proposed works are in close proximity to the watercourse, precautions will be needed to reduce the possibility of harmful materials entering the river. DEFA Fisheries have no objection to the proposed development, provided that these precautions are followed and there is no disturbance of the watercourse. The applicant is however advised to contact DEFA when works are due to commence
6.2 Flood Risk Management - Flood Risk Management Representational History for this case: The proposed demolition works are within a high risk flood zone and the Planning Application does not mention how the site is accessed. FRM can not Consult on this Planning Application without a more detailed access & egress plan along with flood mitigations.
6.3 Ecosystem Policy Team - As per Ecology Vannin's 'Protected Species Report - Bat Emergence Survey' dated December 2024, which was submitted in support of PA 25/90738/B, we recommend that a pre-demolition inspection by a suitably qualified ecological consultancy is
6.4 Garff Commissioners - It was noted that these proposals were in anticipation of approval for facilities for the proposed Garff SWT proposals. A Member expressed concern that a recommendation for approval from the Commissioners would act to prejudice the Garff SWT application. The wider consensus, however, was that the chalets were now a derelict eyesore, that were attracting anti-social-behaviour and support was expressed for their removal as soon as possible. The Board's decision was not to issue an objection to the proposals.
6.5 No representations have been received from members of the public.
7.1 The key consideration in the determination of the application is whether the proposed demolition of the rear extension and other minor works will have an adverse impact upon the character and appearance of the Conservation Area.
7.2 The application site is a relatively prominent one within the setting of Laxey Harbour. The buildings and site are not of any historic merit and do not offer a traditional form of building construction, their presence in the Conservation Area does not give rise to any positive impact on either the character or appearance of the area.
7.3 The application seeks approval for the demolition of the buildings as part of the enabling works associated with the proposed sewage treatment works to create a new wastewater treatment network in Garff, which in part would involve the construction of the "Cairn SPS" on this site. The principle of the sewage treatment works is to be assessed under the corresponding planning application and so this application is perhaps a little premature. If the STW application under application 25/90738/B is not approved then justification for the demolition works would fall away. However, the loss of the tourism use is to be determined in the STW application and not here.
7.4 Whilst the Registered Building Officer has not formally commented on the proposals, he has advised informally, stating that "the chalets in question are not historic and in my view are not making a significant contribution to the special historic character of the conservation area. That being said, I do not think that they are causing harm to the conservation area either. However, I do not think that their proposed removal will cause any harm to the character or appearance of the conservation area in terms of its built heritage."
7.5 It is considered that the chalets themselves do not contribute to the special architectural or historic interest of the Conservation Area and therefore, their demolition would not adversely impact the Laxey Conservation Area.
7.6 The issue of water contamination can be controlled through the planning application associated with the development, which includes the demolition of the holiday chalets. The same applies for flood risk and ecology. Should planning permission not be granted under 25/90738/B then demolition of the chalets cannot take place, which affords suitable protection to the water environment, flood risk and ecology. The planning application also considers the loss of the tourism use, a matter of planning principle not subject to assessment by this application.
8.1 The proposed demolition and works requiring Consent are considered to be acceptable and will not give rise to any adverse impact upon the character or appearance of the Conservation Area. The proposals comply with Environment Policy 39 and Planning Policy Statement 1/01.
8.2 It is therefore recommended that the application be approved.
9.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013 (As Amended), the following are automatically interested persons:
9.2 The Decision maker must determine whether there are other persons to those listed above who should be given Interested Person Status.
9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot 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, and/or rights to appeal.
Decision Made : Permitted Date : 17.03.2026 Determining Officer
Signed : S BUTLER Stephen Butler Head of Development Management
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