29 November 2017 · Committee
Ballacregga Corn Mill, Mines Road, Laxey, Isle Of Man, IM4 7nl
Permission was granted for the additional use of a balcony as a seating area at Ballacregga Corn Mill Salmon Lake Centre in Laxey, Isle of Man. The application was made by Mr Stewart and Mrs Barbara Clague and decided by committee on 29 November 2017. The main planning issues examined were the effect on the surrounding area and street scene, the potential for overlooking, loss of light, or overbearing impact on the neighbouring property Mill Stream Cottage, and the risk of noise affecting local residents. Following a site visit, the officer found that the orientation of the buildings, the distances between them, and the mature hedging and trees running along the river boundary meant the balcony use would not erode the privacy already enjoyed at Mill Stream Cottage. The application was approved subject to two conditions.
The committee approved the use of the balcony as a seating area associated with the multi-function centre. The key planning issues considered were the effect on the surrounding area, potential overlooking or loss of amenity for the neighbouring property Mill Stream Cottage, and possible noise impacts on local residents. Following a site visit, officers concluded that the orientation of the buildings, separation distances, and mature planting between the two properties meant the balcony use would not harm the privacy or residential amenity of Mill Stream Cottage.
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).
The written statement that accompanies the Local Plan contains two policies that are considered relevant to the assessment of this planning application
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.
The written statement that accompanies the Local Plan contains two policies that are considered relevant to the assessment of this planning application
Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: iii) Vibration, odour, noise or light pollution.
In this instance greater weight is placed on Environment Policy 22.
Environment Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution. 7.17.2 In addition to the above, changes in the activities associated with the current permitted use of land or a building, which in themselves do not constitute development and therefore do not require planning permission, can have an adverse impact on adjacent properties by virtue of noise, light or general disturbance. For example the addition of security lig hting on a property may cause light pollution affecting adjacent properties and the wider area. The introduction of new activities into established parks and recreation areas can have an impact on neighbours. In such cases the Department would advocate t he person or organisation considering the change to give careful consideration to the potential impact of such activity in terms of location, siting and design.
Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development.
The physical aspect of the proposal poses no visual harm to the building, streetscene or conservation area in accordance with Environment Policy 35 and Environment Policy 2.
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. 7.30 Development adjacent to Conservation Areas 7.30.1 It is often the case that important views into and out of a Conservation Area can contribute significantly to its character. It is necessary to assess the impact any development adjacent to conservation areas may have on such views.
Condition 1
The balcony and adjacent area in front of the building shown on drawing no. 243.1.11 on the south elevation cannot be used as a main entrance or exit to the function centre. Reason: To protect the residential amenity.
Condition 2
The use of the balcony and adjacent area in front of the building shown on drawing no. 243.1.11 on the south elevation may be used only between the hours of 9am and 11pm Sunday to Thursday and between the hours of 9am and midnight on Friday to Saturday. Reason: To protect the residential amenity. This approval relates to drawings referenced 243.1.1 date stamped received 31st July 2017.
Conversion of existing factory into café/ restaurant, exhibition area and heritage shop and alterations to car park vehicular access.
Extension to form disabled toilet facility.
Additional use of exhibition hall as a multifunction centre.
Creation of a footpath, erection of foot bridge and car park wall and amendments to PA 10/01820/B.
