Officer Report

Application No.: 15/00501/B Applicant: Manx Utilities Proposal: Reconstruction of collapsed river bank wall Site Address: Riverbank Glen Road Laxey Isle Of Man IM4 7AN Case Officer : Mr Edmond Riley Photo Taken: 27.05.2015 Site Visit: 27.05.2015 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of the recently constructed dwelling known as Riverbank, and part of the curtilage of the adjacent dwelling known as Stream Cottage, both of which are adjoining and immediately northeast of the Laxey River.

2.0 THE PROPOSAL - 2.1 Manx Utilities Authority seek full planning approval to reconstruct a collapsed river bank wall running along the rear of Riverbank's curtilage and also partly along the curtilage of Stream Cottage. - 2.2 A section drawing of the new wall has been provided along with a photo of a similar wall to that proposed and which is found at the Brackabroom ford.

3.0 PLANNING HISTORY - 3.1 Riverbank House was constructed following the granting of PA 07/00629/B. Although several other applications were submitted both before and since this, these relate to alterations to the dwelling itself rather than the riverbank behind. - 3.2 A similar application has been submitted further north along Laxey River, at the weir by the Woollen Mills. However, the works proposed there are markedly different from those proposed here.

4.0 PLANNING POLICY - 4.1 The site falls within an Area of Ecological Interest as identified on the Laxey and Lonan Area Plan, although the river itself does not have any specific designation (e.g. watercourse). It is also within the Laxey Conservation Area. - 4.2 Policy L/HR/P2/3 of the Local Plan 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 area's water courses."
• 4.3 There are not really any specific Strategic Plan policies that directly apply to works such as those proposed. Of most direct relevance are Environment Policies 7 and 35 and General Policy 3
• 4.4 Environment Policy 7: "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:

• (a) all watercourses in the vicinity of the site must be identified on plans accompanying a 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".

4.5 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." - 4.6 General Policy 3 makes provision for development on land which is not zoned for such, in part, for the following:

"(e) location-dependent 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."

5.0 REPRESENTATIONS - 5.1 Both the Biodiversity Officer and Fisheries Officers were contacted for their views. On 20th May 2015, Fisheries confirmed that the timing of the work will take place between July and September, and that they will continue to liaise with the applicants to ensure suitable construction methods are employed. - 5.2 On 15th June 2015, the Biodiversity Officer offered no comment on the proposal, confirming he understands them to be necessary at that river protection has been taken into account. - 5.3 Laxey Village Commissioners recommended that the application be approved on 20.05.2015.

6.0 ASSESSMENT - 6.1 The proposed works would essentially be invisible from the public realm. 'Porcupine' is a trade name, and the blocks the company produces are concrete but take on various

• appearances - in this case, apparently in the form of rounded timber. They are laid on top of one another to build an interlocking system that forms something of a retaining wall while also preventing erosion of the bank behind.
• 6.2 In view of the positive responses from the relevant expert advisors within DEFA, it appears that the proposal would not affect the ecology of the watercourse and would be welcome from the point of view of restoring bank stability here. The blocks would not be inappropriate for this position. The application is consequently considered to comply with the relevant policies of the Development Plan and is therefore recommended for approval.

7.0 INTERESTED PERSON STATUS - 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• o The applicant, or if there is one, the applicant's agent;
• o The owner and the occupier of any land that is the subject of the application or any
• other person in whose interest the land becomes vested;
• o The Fisheries Directorate and the Forestry, Amenity & Lands Directorate of the Department of the Environment, Food & Agriculture, and
• o The local authority in whose district the land the subject of the application is situated.

Recommendation Recommended Decision: Permitted Date of Recommendation:

16.06.2015

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 approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

The development hereby approved relates to the Plan carrying the reference PA 02, datestamped as having been received 8th May 2015.

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

Decision Made : Permitted Date : 17.06.2015 Determining officer (delete as appropriate)

Signed :……………M GALLAGHER….. Michael Gallagher Director of Planning and Building Control