Officer Report Recommendation

Case Officer : Miss Melissa McKnight Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Officer's Report

The Application Site

1. The application site is a parcel of the Laxey River adjacent to the east of the Fire Station on Mines Road in Laxey. The application site comprises an area below the weir. Underneath the weir is an apron used to absorb the energy from the water cascading over the weir. The depth of the river at the application site point is 2.8 metres to river bed level with the top of the wall a further 600 mm.
2. The weir can be accessed via a public pathway leading off Glen Mooar Road which is to the south/south east of the application site. The existing weir has a concrete surface with the main construction unknown but is likely to be of masonry construction.

The Proposal

1. The proposal comprises the reconstruction of the apron to secure the structural integrity of the weir and adjacent river walls. The new proposed apron is to be constructed of precast coloured concrete slabs with stone patterns to simulate the original cobbled stone construction of the existing surrounding river beds.
2. The new proposed apron is to measure approximately metres and will be constructed above the existing scour hole which is to be reduced and levelled in order to accept the concrete slabs. The new proposed apron will be constructed adjoining the bottom point of the existing weir.

Planning History

1. The application site has been the subject of one previous planning application that is considered specifically material to the assessment of this current planning application:

PA 11/00330/B: Re-construction of downstream apron. This planning application comprised infilling the majority of the scour void with large boulders with small graded boulders topped with gravels to the existing bed level. This previous planning application was permitted.

Planning Policy

Application No.:	12/00187/B
Applicant:	Isle Of Man Water & Sewerage Authority
Proposal:	Re-construction of eroded weir apron
Site Address:	Laxey River Weir Opposite
	New Fire Station
	Mines Road
	Laxey
	Isle Of Man

1. In terms of local plan policy, the application site is a waterway which lies on the periphery of an area predominantly residential use and woodland area within Laxey's Conservation Area under the Laxey and Lonan Area Plan Order 2005 Map No. 1. The Laxey River has a flood return of 100 years. There is one policy within the written statement that accompanies the local plan that is relevant to the assessment of this planning application:

Policy L/HR/P2/3 states: "No development will be approved where this would adversely affect the appearance or quality of the rivers within the area or the wildlife which the rivers support. Close consultation with the Department of Agriculture, Fisheries and Forestry should be undertaken to protect the integrity and quality of the water and the Department of Transport as the authority for the Island's rivers. Attention should also be paid to the means of disposal of surface water such that overloading of surface water drainage areas does not occur and does not affect the areas water courses."

1. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two 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 10 states: "Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission."

REPRESENTATIONS

1. Laxey Village Commissioners and the Highways Division have no objections to the planning application.

Assessment

1. The main issues to consider in the assessment of this planning application are the implications of the planning application of the main river itself, the impacts of the proposal on the flood risk zone and finally the affects of the proposed development on the Conservation Area.

1. It is considered that the proposed development works on the Laxey River bed will have a neutral impact on the river itself in terms of visual amenities. Given that the proposed new weir is 2.8 metres below the water it is not readily visible from the public thoroughfare unless immediately close up. The proposed weir is to be constructed of pre-cast concrete slabs with coloured stones cobbled effect to simulate that of the existing surrounding river beds which is judged to preserve the appearance of the river bed.

1. The creation of a new weir is considered to improve the flow of the river and with the secure structural integrity of what is proposed it is judged that the energy of the river will be absorbed with higher levels of strength and thus resulting in decreasing levels of erosion on the river bed. The improved flow will accommodate a smoother and calmer continuation of the river flow resulting in the risks of erosion and flooding decreasing.

1. The proposed development for the reconstruction of the eroded weir is considered to cause no adverse impact on the Conservation Area given the siting of the proposed works. The new weir will not be readily visible from the public thoroughfare unless looking directly at it. The cobbled stone effect face of the reinforced concrete slab adds to the appearance of a natural river bed. Overall it is concluded that the planning application is in accordance with Policy L/HR/P2/3 of the Laxey and Lonan Area Plan Order 2005 and General Policy 2 and Environment Policy 10 of the Isle of Man Strategic Plan 2007.

1. The proposal is not considered to affect any other obvious material planning consideration.

14. RECOMMENDATION

1. It is recommended that the planning application be permitted.

Party Status

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

1. The Department of Transport Highways and Traffic 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 20.03.2012

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 for the re-construction of eroded weir apron relates to drawing no. 105 Rev. A and photographs showing details of the mould to form the stone effect all date stamped 7th February 2012.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 23/3/12

Determining officer (delete as appropriate)

Signed : A. H. H. Anthony Holmes Senior Planning Officer

Signed : Michael Gallagher Director of Planning and Building Control

Signed : Sarah Corlett Senior Planning Officer

Signed : Jennifer Chance Development Control Manager