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Application No.: 15/00502/B Applicant: Manx Utilities Proposal: Reconstruction of river weir Site Address: Laxey Woollen Mills Weir Adjacent To Glen Road Laxey Isle Of Man Case Officer : Mr Edmond Riley Photo Taken: 27.05.2015 Site Visit: 27.05.2015 Expected Decision Level: Officer Delegation
1.0 THE APPLICATION SITE - 1.1 The application site is a section of the Laxey River just at the point of its branching to the west of the Laxey Woollen Mills. Within the site is a weir that is showing advanced stages of crumbling; it appears to be constructed of various natural stone but capped with concrete.
2.0 THE PROPOSAL - 2.1 Manx Utilities Authority seek full planning approval to reconstruct part of a weir within the Laxey River, just at the point of the river's branching. The works would 'square off' the weird and provide a more appreciable step down for the water to follow. Natural boulders are proposed to be set within the scour apron (that is, where the river water spills down from the 'step' above). - 2.2 Also proposed is the filling of an existing scoured hole; hole this is identified on the submitted plan and is also shown in section.
3.0 PLANNING HISTORY - 3.1 This site has been the subject of a similar previous application - PA 13/00586/B sought (and gained) approval for the re-construction of a weir. The current proposal is essential a re-submission of that previous application, with the current application providing additional information in respect of diagrams showing how the works would be carried out, along with an apparently more accurate position of the scour hole. - 3.2 There have also been a number of applications in recent years to re-construct weirs and river bank along the Laxey River - all of these have been approved: 11/00330/B, 12/00187/B, 13/00479/B, 13/00480/B and 13/00914/B. - 3.3 It is also worth noting that a currently undetermined application south of here has been submitted with a view to gaining approval to re-construct the river bank (PA 15/00501/B).
4.0 PLANNING POLICY - 4.1 The Laxey River does not have any specific designation (e.g. watercourse) with the Laxey and Lonan Area Plan. It is, however, 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:
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;
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 existing weir is formed by a concrete-covered masonry wall constructed across the confluence, and maintains the substructure of the bed below the bridge. The weir is currently in a poor state of repair with large sections having been scoured away. It is understood that, previously, voids were temporarily filled with concrete bag works although it is not known if this remains the case. - 6.2 The proposed development would have something of a positive impact on the river itself in terms of visual amenities. While the works will be visible, they are not of a scale considered to impact upon the appearance of the area or character and quality of the Conservation Area. The provision of natural boulders within the scour apron will draw the eye away from the more utilitarian concrete substructure, which is considered to have a neutral impact on the visual appearance of the river itself. - 6.3 The reconstruction would act to improve the flow of the river: with an improved structural integrity, the energy of the river will be more readily absorbed, thus decreasing erosion of the riverbed. The improved flow will accommodate a smoother and calmer river flow. - 6.4 The reconstructed weir will be readily visible from the public thoroughfare, but views of it are only apparent when a specific effort to that effect is made from the nearby road bridge. - 6.5 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 stability here. The proposal 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:
Recommendation Recommended Decision: Permitted Date of Recommendation:
16.06.2015
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval
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 01, 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
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