Loading document...
Application No.: 23/01057/B Applicant: Flood Management Division, Department Of Infrastructure Proposal: Construction and replacement of existing walls for the purpose of providing flood protection to Glen Road, Laxey. Site Address: Glen Road Laxey Isle Of Man Planning Officer: Hamish Laird Photo Taken: 07.10.2023 Site Visit: 07.10.2023 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 12.06.2024
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Reason: In the interests of visual amenity of the site and surroundings, and to protect the character and appearance of the Laxey Conservation Area in which the site is located.
Reason: To avoid disturbance or injury to spawning fish, or to the spawn and fry of fish, during the season in which they are most at risk.
Reason: To ensure that the provisions of the habitat mitigation plan are adequately managed and monitored.
Note. The applicant is advised to contact Fisheries (tel. 685857, or email [email protected]) to discuss method statements and arrange an initial advisory site visit, should the proposal be granted planning approval. As detailed on the attached information sheet, DEFA does not charge for an initial site visit or review of method statement but there is a charge for relocating fish prior to river works. This is likely to be deemed necessary due to the nature of the proposed works on a section of stream, which Fisheries surveys have confirmed contains fish, including salmon, trout and eels. r This application has been recommended for approval for the following reason.
The proposal for flood protection measures on the Laxey River within and close to the centre of Old Laxey is considered to be acceptable and accords with the provisions of Policies SP3, SP4, GP, ENV5 and, ENV35 of the Isle of Man Strategic Plan 2016. It is recommended that planning approval be granted
Plans/Drawings/Information;
This approval relates to: Drawing No. 700 - Site Location Plan edged red - scale 1:1,250;
Additional Persons
It is recommended that the owners/occupier of the following property should not be given Interested Person Status as they are considered not to meet the requirement of being located within 20.0m of the site boundary; and, as such do not have sufficient interest in the subject matter of the application to take part in any subsequent proceedings mentioned in Article 4.2:
2 Glen View, Laxey, Isle of Man The above person, therefore, does not satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2021). _____________________________________________________________________________
THIS APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF HEAD OF DEVELOPMENT MANAGMENT.
1.0 THE SITE - 1.1 The application site comprises a length of the north side of the river bank of the Laxey River where it runs to the west of Laxey Bridge and incorporates the informal flood defences on the north bank of the river adjacent to the Brookside public highway and parts of the curtilages of residential dwellings that have north side riverbank frontages travelling in line from east to west for a distance of approx. 350m. This includes the dwellings at:
1.2 The site lies at the centre of Old Laxey, within the Laxey Conservation Area. The Laxey River passes under the new Laxey Bridge and continues into Laxey Harbour and the Irish Sea. On the south side of the River opposite the site is The Shore Hotel, which has its attendant car park and a grassed bank between it and the River. The grassed and treed riverbank continues west in the form a publically accessible walk on this side of the river opposite the dwellings on the site opposite it. The surroundings are a mix of residential and commercial/tourism properties associated with Laxey Harbour and Laxey Beach.
2.0 THE PROPOSAL - 2.1 Full planning approval is sought for the "Construction and replacement of existing walls for the purpose of providing flood protection to Glen Road, Laxey." The submitted Statement of case advises that:
"The works will comprise of 3 elements of a proposed continuous flood wall on the left bank, replacing and reconstructing existing informal flood defences and constructing new walls; improvements to channel conveyance and long term integrity of bank side structures. This project forms part of the full Laxey Flood Alleviation Scheme, in particular the proposed works form part of the flood prevention of Glen Road,…..covering a length of Laxey River floodwall stretching from the property Braeside to the New Laxey Bridge, which is approximately 350 metres in length. To satisfy the 1 in 100 year plus climate change design standard with 300mm of freeboard, the retaining walls to the rear of all the properties between Rivers Court and Lewins Cottage will require to be raised and repaired as necessary to the heights and detail shown on the individual plans accompanying this planning Statement of Case. Properties without an existing boundary on the river embankment will require new walls.
Structural assessments have identified that much of this section requires works to construct or replace unsatisfactory sections of retaining wall. The proposed design heights follow the recommendations of the flood studies, which JBA Consulting were commissioned to carry out. For all of the properties, the finished aesthetics of the raised retaining wall endeavour to emulate the original finish. The drainage outlet on the Commissioners' land will also require improvement."
2.2 The Statement of Case also includes details of:
2.3 In conclusion the Statement of Case advises:
"In summary, the applicant believes this Statement of Case satisfies IOM Strategic Plan Environmental Policy 24 in addressing the salient points required by an EIA. Furthermore, this report concludes that the existing structures situated to the rear of the properties are not suitable and should be improved and strengthened as set out in this document so as to mitigate the risks posed by future flood events. This is an important scheme for the residents of Laxey, protecting properties for the future against flooding, repairing dilapidation and securing the residential viability of the area through a period of climate change. It does this while protecting the visual amenity of the conservation area using sympathetic design."
2.4 The application is also accompanied by a full set of drawings indicating the sections of work proposed along the stretch of riverbank in relation to the corresponding properties; a site Plan; and, as mentioned above, the Statement of Case. - 2.5 In terms of the application drawings and the proposals relating to the various properties along the riverbank, which change depending on existing flood defences and ground conditions, and the required flood prevention level (AOD), the proposals involve the following:
2.6 The scheme follows on from a public consultation event which was held in September 2020 which provided valuable community input. This information has been collated and considered in the progression of the scheme.
3.0 PLANNING HISTORY - 3.1 None of relevance.
4.0 DEVELOPMENT PLAN POLICIES - 4.1 In terms of local plan policy, the application site is in an area zoned as Predominantly Residential under the Laxey Proposals Map 7. The application site is within the Laxey Conservation Area. The site is within an acknowledged Flood Risk Area. There are no Roistered Trees or Registered Buildings on or close to the site. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 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:
(1) Wildlife Sites are defined in Appendix 1
Environment Policy 7 states: "Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which could not be overcome by mitigation measures will not be permitted. Where
planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality;
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. The requirements for a flood risk assessment are set out in Appendix 4."
Environment Policy states 23: "When considering alterations and improvements to existing facilities the Department will require that consideration be given to the potential adverse impact of the proposed changes to existing neighbours."
Environment Policy 24 states: "Development which is likely to have a significant effect on the environment will be required:
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."
5.0 REPRESENTATIONS - 5.1 Garff Commissioners (11/10/23) comments: "The construction of the new flood wall defences along this section was welcomed. It was noted that the Department had liaised and agreed how the wall would be constructed with each of the affected residents and had gained their support.
Members expressed concern that the 'river' face of the wall would just have a concrete finish. This matter was discussed in detail, particularly the fact that the concrete wall would appear out of character when viewed from the public pathway on the opposite bank of the river.
The Commissioners request that this section has a stone finish on the riverside of the wall."
5.2 Manx Natural Heritage (22/9/23) comments:
"I write on behalf of Manx National Heritage ('MNH'), whose statutory responsibilities pertaining to the protection of the cultural and natural heritage of the Isle of Man are defined under the terms of the Manx Museum and National Trust Act.
Having looked through this application we feel that the ecology of the river would be affected by the development which would not comply with The IOM Strategic Plan, Environmental Policy
planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality; (b) details of pollution and alleviation measures must be submitted; (c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and (d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species.
River banks are ecologically rich places as they afford an interface between land and water. They provide habitat (in the form of shade from overhanging vegetation) and food for terrestrial and aquatic species such as migrating salmon, trout and the Critically Endangered European eel. They filter out pollutants to keep water clean.
Rivers are also natural connectors of the landscape. A river with intact vegetation along its banks creates a wildlife corridor or bio-link that allows animals to disperse and migrate and provides a seedbank for plants.
As riparian vegetation is cleared remaining patches are increasingly isolated and fragmented. Climate change adds a new urgency, as conditions change animals and plants need to be able to migrate to adapt, river corridors provide the pathway for them to do this.
Whilst we realise that safety and protection from floods is a major consideration of this application, which we fully support, we wondered if it may be possible to construct a wall from the landward side of the existing wall; this would avoid the loss of riparian biodiversity as well as providing flood protection."
5.3 DEFA Fisheries (4/1/24) comments: "DEFA Fisheries has no objection to this proposal providing the following conditions are met; Any works to the watercourse bank and channel are restricted to the period July to September (inclusive). Reason: To avoid disturbance or injury to spawning fish, or to the spawn and fry of fish, during the season in which they are most at risk.
Works are conducted according to written method statements agreed in advance with the Inland Fisheries Section of the DEFA Fisheries Directorate. Reason: to allow DEFA fisheries to provide advice on a suitable approach to construction, in order to reduce the possibility of injury or disturbance of fish within the river.
The applicant is advised to contact Fisheries (tel. 685857, or email [email protected]) to discuss method statements and arrange an initial advisory site visit, should the proposal be granted planning approval. As detailed on the attached information sheet, DEFA does not charge for an initial site visit or review of method statement but there is a charge for relocating fish prior to river works. This is likely to be deemed necessary due to the nature of the proposed works on a section of stream, which Fisheries surveys have confirmed contains fish, including salmon, trout and eels."
5.4 The Ecosystems Policy Team (5/10/23) comments: The Ecosystem Policy Team do not object to these works in-principle. However, we do not believe that adequate environmental consideration has yet gone into the proposals and we are not content with the Ecological Impact Assessment (ECiA) undertaken by Katy Watson Consulting dated 30.07.23, because there seems to be a number of erroneous statements within the report:
Some of our concerns - impacts on Laxey Bay MNR, impacts on fish and invasive species - can be dealt with via the implementation of a Construction Environmental Management Plan, as referred to within S7.1 of the DoI's Planning Application Statement of Case. A condition on approval can be requested for this. However, as of yet no mitigation has been proposed for the loss of substantial amounts of bankside habitat, and because of the extent of this we believe that details of proportionate mitigation need to be provided prior to determination of the application.
Should Planning wish to determine the application at this stage, despite our concerns regarding the removal of habitat, we requested that conditions are secured for the following:
No works to commence unless a Construction Environmental Management Plan (CEMP), consulted on with a suitably qualified ecological consultancy, has been submitted to Planning and approved in writing. The CEMP will need to include the following:
protection of nesting birds.
No works to commence unless a habitat mitigation plan, written by a suitably qualified ecological consultancy, has been provided to Planning and approved in writing. The plan should contain details of proportionate habitat replacement works, alongside a timetable for implementation."
5.5 One letter of representation has been received by the Report drafting stage (6/6/24) from the occupant of 2 Glen View, Laxey, who comments as follows: "I would comment as follows
No details of what reinforcement would be undertaken, if required, between Lewin's Cottage and the Laxey Bridge. This stretch of wall was entirely rebuilt, without consent either planning or Registered Building consent being in the Laxey Conservation Area , and no action taken following an enforcement request to require the appropriate applications. The stone used to rebuild the wall is in fact that from the Old Laxey Bridge, all as authorised by a former Minister for Infrastructure, Phil Gawne. It would be an absolute travesty if this stretch of wall had any in any way to be touched as part of the current proposal since it was presumably rebuilt to appropriate standards barely 5 years ago and presumably at considerable expense. Moreover without any details there should be absolutely no consent for any works on this wall which had no consent to be built in the first place.
For the area owned by the Commissioners and traditionally known as the beach there are no details of what is to happen to the access to the river. Traditional stone facing on both sides of the wall which serve a public recreation al area should be essential for this area which is laid out as a public recreational area. Concrete coping is totally inappropriate. It is unsatisfactory that the plans and statement of case and images do not make clear exactly what exists at this location. An existing layout showing design and materials and photos should at a minimum be supplied in order for proper assessment to take place.
For the other walls I note that existing Manx Stone walls are to be replaced and in some cases by concrete blocks / wall units above river level which are not be covered by Manx stone. If
this development which is very publicly visible from the riverside footpath which I and others regularly use on the opposing bank is to be approved, it should be a condition that all the wall whether concrete block or slab should be covered in Manx stone, traditionally laid ie the existing stone which is to be taken down should be used to face the new wall on the river side of the proposal.
I also note that the proposal involves demolition of Manx walls in a Conservation Area there should be a corresponding Registered Building application. There appears to be none so the applicant should be informed that such is required.
I also note that the river side stone walling which was a condition of the approval of the reconstruction of the already reinforced riverside wall in front of Laxey Glen Woollen Mills has not been completed despite requests from the Commissioners and myself (PA 21//00481/CON and PA 20/01385/B ). The appearance of the bare white interlocking concrete walls is disastrous in the Conservation Area. Perhaps DEFA should think twice about automatically giving consent to applications which appear to promise something without having some sort of bond to ensure full completion of the works in accordance with approved plans."
6.1 The application seeks approval for the construction and replacement of existing walls for the purpose of providing flood protection along part of the northern bank of the Laxey River from the New River Bridge up to Glen Road, Laxey for a distance of approx. 350m. The principle of development is acceptable given the presence of existing flood defences on this side of the river which seek to protect the residential properties as listed in paragraph 1.1 above, and the wider surroundings that are prone to flooding. - 6.2 Other than the potential for flood risk to adjoining residential properties, which this proposal is designed to ease The main issues to consider in the assessment of this application are the impact upon the character and appearance of the site and surroundings; the impact on the setting of it within the Conservation Area; and, Biodiversity and ecology impacts in respect of the impact on flora and fauna in the Laxey River and the Laxey Bay Marine Nature Reserve (MNR). Visual impact, and impact of the character and appearance of the Conservation Area - 6.3 The flood prevention works ostensibly involve works to and replacement of parts of the existing floor prevention measures along the north side of the Laxey River between Laxey Bridge adjacent Glen Road and properties located thereon for a distance of approx. 350m westward up to Braeside. The works would vary in height above the river bank by between 1.2m above bank level to 1.6m high above bank level. This compares with the existing works which vary in height between no additional height and approx. 400mm above bank level. It is noted that there are existing flood defences in the form of concrete and stone walls below bank level; wooden palisade fencing at Digby House; Stone Walls at Nos. 5, 6, 7 and 8 Rivers Court; Concrete lower walls with stone walls above at Cumberland House and Cumberland Lodge; and, with overhanging, fenced decking at Lewins cottage. The increased height of the new walls would be noticeable as would the conformity of their construction when compared with the piecemeal, more individual approach to flood defence works as currently shown on this side of the Laxey River. - 6.4 Garff Commissioners and the neighbour at Glen Road, have requested that stone rather than concrete blockwork be used for the publically visible finish of the flood defence wall above the riverbank. Details of the proposed materials to be used for above water surface development can be conditioned. This should assist in assimilating the development into its surroundings. This accords with the provisions of Policies SP3, SP4, GP2; and, ENV35 of the Isle of Man Strategic Plan 2016.
7.1 On the basis of the above the proposal is considered to be acceptable and it is recommended that planning approval be granted. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : …Permitted……….... Committee Meeting Date:…08.07.2024
Signed :……………H LAIRD……….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
Copyright in submitted documents remains with their authors. Request removal
