Dept Decision and Inspector's Report

Our Ref: DF15/0002 Planning Application Ref No: 15/00017/A

Planning Secretary Department of Infrastructure Planning Building Control Division Murray House Mount Havelock Douglas

Dear Sir/Madam,

Town And Country Planning Act 1999

Town And Country Planning (Development Procedure)

(No2) ORDER 2013

I refer to the abovementioned planning application.

In accordance with Article 10(9) of the Town and Country Planning (Development Procedure) (No 2) Order 2013, I herewith give notice of the decision as follows.

The application has been approved subject to the following condition(s);

1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

Reason: To comply with Article 14 of the Town and Country Planning (Development Procedure) (No 2) Order 2013.

PA Ref	15/00017/A
Applicant	Laxey Village Commissioners
Proposal	Approval in principle for demolition of existing Commissioners Offices and replacement with a residential development
Address	35 New Road and adjacent land, Laxey IM4 7BQ

1. Details of the siting, design, external appearance, internal layout, means of access and landscaping (hereinafter called "the reserved matters) shall be submitted to and approved in writing by the Department before any development is commenced, and thereafter the development shall be carried out only in accordance with the details as approved.

Reason: To comply with the Town and Country (Development Procedure) (No 2) Order 2013.

1. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval.

Reason: To avoid the accumulation of unimplemented planning approvals.

1. Plans and particulars of the reserved matters referred to in Condition No 2 shall include details of:

a) the provision to be made for the parking and turning of vehicles within the site; b) the surface treatment of any roadways and other parts of the site that will not be covered by buildings; c) the external materials to be used in the development; d) visibility splays; e) existing and proposed ground and floor levels. Reason: This is an approval in principle and these matters require detailed consideration by the Department.

1. This approval relates to Drwg Nos 01 and 02 received on 12 January 2015.

In accordance with Article 10(10)(c) of the Order, please be advised that the decision of the Council of Ministers is binding and final (subject to the possibility of judicial review by petition of doleance).

Yours faithfully,

A Johnstone Planning Appeals Administrator On behalf of the Chief Secretary

Crown Division Government Offices Douglas Isle of Man 27 March 2015 To the Council of Ministers Case Reference DF15/0002 Planning Application 15/00017/A Application by the Laxey Village Commissioners for approval in principle for the demolition of the existing Commissioners' Offices and replacement with residential development at No 35 New Road, and adjacent land, Laxey.

1. I have the honour to report that on 9 March 2015 I carried out a site visit at the above location. The case is being made by written representations.
2. Part of the application site is owned by the Manx Electric Railway, a function of the Department of Infrastructure. For that reason, the application has to be determined by the Council of Ministers, not the Planning Committee.

Site Description

1. The application site slopes steeply down from New Road towards lower ground alongside Rencell Hill and the MER. As a result of the slope of the land, the building on the site has 2 storeys at the front and 3 storeys at the rear. It contains various offices, including those used by the Laxey Village Commissioners, the Lonan Parish Commissioners, Manx Bird Atlas and the Police. A bus shelter and public toilets are on either side of the building. There are stores, workshop, a garage and a yard to the rear. Further to the rear, there is some grassed land and hardstanding. This is owned by the Manx Electric Railway. All of these features are within the boundary of the site.

The Proposal

1. Approval in principle is sought for residential development following the demolition of the existing building. All matters of detail, including siting, design, external appearance and means of access, are reserved for later determination.

Representations Received

1. Laxey Village Commissioners (the applicants) have pointed out that their offices do not occupy all of the building. The majority of the building is leased to various other parties. There is no hall or other community facility, merely some small offices and a board room. Elsewhere in the village centre there are a number of commercial properties for lease/purchase that would provide suitable alternative office accommodation for the Village Commissioners and all the other organisations that currently use the property. The stores, workshop and garage at the rear of the building are under-utilised but, in any case, alternative facilities are available at Turbine House. A scheme is currently being prepared for new public toilets to be built adjacent to the Laxey Miner statue. The loss of the public toilets on the application site is therefore not an issue.
2. In 2010 Steven Morley, Chartered Surveyors, were appointed to investigate the upgrading of the property's fire precautions. A specification was prepared for the

works. Shortly afterwards, the principal roof rafter failed. Further investigations revealed that it would not be a simple job to repair the rafter because the whole of the roof covering was in poor condition and required renewal. Other essential works also need to be undertaken, for example window renewal/repair and re-rendering. Due to the estimated costs of all of these works, the option of building new offices on the site was explored. The Government Valuer viewed the property but was not supportive. Other options have therefore had to be explored. If the current application for residential development were to be successful, the Laxey Village Commissioners and MER would sell the site.

1. The Department of Infrastructure's Planning and Building Control Division has advised that the site lies within the Laxey Conservation Area. In the Laxey and Lonan Local Plan Order 2005 the land is designated as "Mixed Use - residential/retail/office".

1. Relevant policies in the Isle of Man Strategic Plan (IoMSP) include:

• Strategic Policy 1 - the use of previously-developed land should be optimised.
• Strategic Policy 2 - development should be located primarily within towns and villages (Laxey is identified in Spatial Policy 3 as a Service Village).
• Environment Policy 35 - development should preserve or enhance the character or appearance of Conservation Areas.
• Community Policy 3 - development which results in the loss of a local community facility will be permitted only if it can be demonstrated that it is no longer practical or desirable to use the facility for its existing use or another use likely to benefit the local community.

1. Highway Services do not oppose the application subject to off-street parking being provided in accordance with the IoMSP's standards.

1. A nearby resident, living at Ruskinville, Lower Rencell Hill has no objection to the proposal, but hopes that the Council of Ministers will pay particular consideration to density, parking, and the retention of the public footpath from New Road to Lower Rencell Hill.

1. Manx Utilities have advised that the developer should make contact to discuss the electricity supply.

ASSESSMENT

1. In my view, the main considerations in the assessment of this application are the principle of residential development on the site, and the potential loss of a community facility.

The principle of residential development

1. The site is designated as "Mixed Use - residential/retail/office" in the Laxey and Lonan Local Plan Order 2005, part of the Development Plan. The proposed residential development would accord with this designation. The development would also make optimal use of previously-developed land, and it would be within a village; the objectives of Strategic Policies 1 and 2 of the IoMSP.

1. I therefore find the principle of residential development to be acceptable.

Note: It is important to remember that this application is for approval in principle. Detailed matters, such as those raised by Highway Services and the resident of

Lower Rencell Hill, would need to be the subject of a Reserved Matters application.

The potential loss of a community facility

1. The building does not provide "community facilities" of the kind that Community Policy 3 seeks to protect. For example, it neither contains a hall nor any leisure facilities. I am therefore satisfied that the proposal would not result in the potential loss of a community facility.

1. I am also comforted by the fact that, according to the applicants, alternative office space is available for lease or purchase in Laxey. There is therefore no suggestion that the local organisations that currently use the building would find themselves homeless if the building were to be demolished.

CONCLUSION

1. In view of my favourable findings on the 2 main considerations, I have reached the view that approval in principle should be granted.

RECOMMENDATION

1. I recommend that approval in principle be granted to the Laxey Village Commissioners for the demolition of the existing Commissioners' Offices and replacement with residential development at No 35 New Road, and adjacent land, Laxey, as shown on Drwg Nos 01 and 02 received on 12 January 2015, and subject to the following conditions:

1) The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

Reason: To comply with Article 14 of the Town and Country Planning (Development Procedure) (No 2) Order 2013.

2) Details of the siting, design, external appearance, internal layout, means of access and landscaping (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Department before any development is commenced, and thereafter the development shall be carried out only in accordance with the details as approved.

Reason: To comply with the Town and Country (Development Procedure) (No 2) Order 2013.

3) Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval.

Reason: To avoid the accumulation of unimplemented planning approvals.

4) Plans and particulars of the reserved matters referred to in Condition No 2 shall include details of:

a) the provision to be made for the parking and turning of vehicles within the site

b) the surface treatment of any roadways and other parts of the site that will not be covered by buildings c) the external materials to be used in the development d) visibility splays e) existing and proposed ground and floor levels.

Reason: This is an approval in principle and these matters require detailed consideration by the Department. Ruth MacKenzie Ruth MacKenzie BA(Hons) MRTPI Independent Inspector