Officer Report 13/00914/B

Case Officer : Mr S Moore Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Officer's Report

The Application Site

1. The application site is a section of the Laxey River to the south east of the Fire Station on Mines Road in Laxey. The application site comprises an area below the weir, immediately adjacent to a 3 metre section of repaired river bed carried out under application 12/00187/B. The reconstruction of scoured river bed below weir apron is proposed to be carried out utilising boulders of two sizes locked behind an existing concrete 'beam' within the river bed.
2. This section of the river 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 river bed is understood to be of the local stone.

The Proposal

1. The new proposed section of river bed is to measure approximately 14 x 9 metres and will be constructed above the existing scour hole which is to be reduced and levelled in order to accept the boulders. The new proposed section will be constructed adjoining the bottom point of the concrete slabs below the existing weir.

Planning History

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

13/00479/B - Re-construction of scoured river bed (amendment to PA 13/00479/B) Laxey River Weir Opposite New Fire Station, Mines Road – Application Permitted 12/00187/B - Re-construction of eroded weir apron – Application Permitted 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.

Application No.:	13/00914/B
Applicant:	Isle Of Man Water & Sewerage Authority
Proposal:	Re-construction of scoured river bed (amendment to PA 13/00479/B)
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 three 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."

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."

Policy CA/2 - Special Planning Considerations as set out within Planning Policy Statement 1/01- Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man states; "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application.

Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected."

Representations

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

Assessment

1. The main issues to consider in the assessment of this planning application are the implications on 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.
2. This application has been made following the approval of the previous application 13/00479/B. The Isle of Man Water \& Sewerage Authority have now 'modelled' the proposal and in doing so, have had to re-assess the methodology of repair and that previously approved may have exacerbated the scour issue. This application and the methodology proposed, have been fully modelled and are considered by WASA, to be a workable solution to the issue.
3. 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 section of river bed restoration is in excess of 3 metres below the Fire Station wall, it is not readily visible from the public thoroughfare unless immediately close up. The proposed section of river bed reconstruction is to be constructed utilising natural boulders of two sizes which should be similar to the existing bed which is judged to preserve the appearance of the river bed.
4. The reconstruction of scoured river bed below weir apron 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.
5. The proposed reconstruction of the river bed is considered to cause no adverse impact on the Conservation Area given the siting of the proposed works. The reconstructed section of the river bed will not be readily visible from the public thoroughfare unless looking directly at it. The methodology of repair, utilising differing sections of boulders, should have a natural appearance on the 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 Policies 10 and 35 of the Isle of Man Strategic Plan 2007 and Policy

CA/2 - Special Planning Considerations as set out within Planning Policy Statement 1/01-Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man.

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.

Recommendation Recommended Decision: Permitted Date of Recommendation: 30.08.2013 Conditions and Notes for Approval / Reasons and Notes for Refusal

C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: 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 river bed relates to the following information, date stamped 31st July 2013:

• Drawing No. 2013s7105-002 Sheet 1 of 1 entitled Proposed Layout
• Drawing No. 2013s7105-003 Sheet 1 of 1 entitled Wall Repair and Rock Armour Details
• Drawing No. NDC/2939 105 entitled Apron Extension Construction

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.

30 August 2013 13/00914/B Page 4 of 5

Determining officer (delete as appropriate)

Signed : Anthony Holmes Senior Planning Officer	Signed : Sarah Corlett Senior Planning Officer
Signed : Michael Gallagher Director of Planning and Building Control	Signed : Jennifer Chance Development Control Manager