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Case Officer: Miss Melissa McKnight Photo Taken: Site Visit: Expected Decision Level: Officer Delegation
1.1 The application site is the curtilage of The Salmon Centre and associated mill pond, an existing footpath leading from the Corn Mill car park that runs behind the dwellings on Wheel Hill, and area of woodland below the Laxey Wheel car park.
2.1 This current planning application seeks approval for a number of elements which have been outlined below:
3.1 In terms of local plan policy, the application site lies within an area designated as part Industrial and part Area of High Landscape Value and Scenic Significance Predominantly Residential under the Peel Local Plan Order 1989. The application site is also within the Laxey Conservation Area. Planning Circular 6/89, the written statement that accompanies the Local Plan contains two policies that are considered relevant to the assessment of this planning application.
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
| Application No.: | 13/00246/B |
| Applicant: | Stewart Clague |
| Proposal: | Creation of footpath, erection of foot bridge and car park wall and amendments to PA 10/01820/B |
| Site Address: | Salmon Centre Mines Road Laxey Isle Of Man IM4 7NL |
or enhancing its character or appearance in accordance with the Town and Country Planning Act 1991 (12.(4)."
Policy L/CRB/PR/6 "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." 3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three 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, historical, or social value and interest (Housing Policy 11); c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental 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-dependant 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 7 states: "Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which would not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:
Environment Policy 35 states: "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."
4.1 Laxey Village Commissioners have no objection to the planning application. 4.2 The Department of Infrastructure Highways Division does not oppose the planning application. 4.3 The Department of Environment, Food and Agriculture have confirmed that a screen will be put into place to prevent fish entrapment and have stated that the screen should be in place permanently throughout the year, and must be checked and cleared on a regular basis in order to avoid blockages. 4.4 The Department of Economic Development supports the planning application. 4.5 Manx National Heritage (MNH) have made a representation outlining that they are land owners of the area east of the stream and confirm that the applicant has been in contact with MNH to discuss the proposals. MNH conclude by stating that they are not opposed in principle to the proposed footpaht, though formal agreement with the applicant to go ahead would be subject to detailed plans and legal safeguards. Conserns were also raised rgarding safety in terms of the access into the Laxey Wheel car park. 4.6 A representation has been received from the owner/occupier of Glebe Cottage who supports the planning application.
5.1 There are two main considerations to consider in the assessment of this current planning application; 1) the impacts of the proposed alterations of the Salmon Centre on the existing building and immediate surrounding area and Conservation Area; and 2) The impacts of the proposed bridge and pathway on the immediate surrounding area and Conservation Area. 5.2 The proposed door alterations are considered to be a relatively modest form of development and are not judged to impact on the overall appearance of the building or the surrounding area in general. The erection of the Manx stone boundary wall is considered to significantly enhance the appearance of the Conservation Area and the Salmon Centre as would the installation of the proposed wrought iron gates to the rear of the building. 5.3 In terms of the principle of the erection of bridge and creation of a pathway, General Policy 3 sets out the instances in which it may be acceptable to set aside the presumption against development in the countryside. No provision is made for the erection of a bridge and creation of a pathway within General Policy 3. However there is provision made for buildings or works required for interpretation of the countryside, its wildlife or heritage with this scheme considered to comply with. The new proposed pathway and bridge would provide an alternative aceess from The Salmon Centre to the Laxey wheel and would link the two tourist sites meaning that visiors would be more likely to proceed and use both the Salmon Centre and the Laxey Wheel. 5.4 There is an existing path and bridge in place from the Corn Mill car park but this does not proceed all the way up to the Laxey Wheel. What is proposed under this current scheme would provide an alternative access from the Salmon Centre and the Corn Mill Car Park to the Laxey Wheel. It would provide a more accessible route to the Laxey Wheel for those that cannot negotiate the steep hill from Mines Road up to the Laxey Wheel car park and Laxey Wheel itself. Therefore the principle of the installation of a new bridge and pathway is considered acceptable and would inevitably encourage more visitors to the site. 5.5 The proposed finished appearance of the existing footpath, bridge and new footpath to the Laxey Wheel car park is not deemed to deter from the appearance of the locality and
immediate glen area. The timber decking pathway is considered to be sympathetic to the immediate surroundings and along with the bridge would not appear as obtrusive or incongruous features. The installation of the proposed bridge and adjoining pathway would not compromise any features of the area of woodland. 5.6 Overall, the proposed development would significantly improve the surrounding area. The proposed link from the Corn Mill car park to the Laxey Wheel would allow for improved access and would encourage visitors to the Laxey Wheel to visit the Salmon Centre and vice versa. 5.7 The Department of Environment, Food and Agriculture are satisfied that with the correct procedures in place, there would be no impact on the fish as a result of the proposed development. 5.8 Overall it is concluded that the planning application accords to the provisions of General Policy 3, Environment Policy 7 and Environment Policy 35 of the Isle of Man Strategic Plan 2007.
6.1 It is recommended that the planning application be permitted.
7.1 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. 7.2 It is considered that the following parties that made representations to the planning application should be afforded interested party status:
The Department of Environment, Food and Agriculture Manx National Heritage 7.3 The Highways Division is part of the Department of Infrastructure of which the planning authority is also part. As such, the Highways Division should not be afforded separate party status. 7.4 It is considered that the following parties that made representations to the planning application should not be afforded interested party status:
The owner/occupier of Glebe Cottage The Department of Economic Development
Recommended Decision: Permitted
Date of 08.05.2013
Recommendation:
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 creation of a footpath, erection of foot bridge and car park wall relates to dwng no 243.3.3, 243.1.12 REV A, 243.1.15 and 243.1.11 REV A and A4 sheet detailing location for proposed pathway and foot bridge all date stamped 26th February 2013.
C 3. A debris screen must be fitted to the inlet to the turbine in culvert to the water wheel with a 10 mm mesh which should be in place permantly all year round.
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 : .....13...5...13. Determining officer (delete as appropriate) Signed : 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
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