DEC Officer Report

Application No.: 21/00298/B Applicant: Department Of Infrastructure Proposal: Construction of flood protection walls Site Address: River Section To Rear Of Glen Road Glen Road Laxey Isle Of Man Senior Planning Officer: Mr Jason Singleton Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 28.04.2021 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Prior to the commencement of works on site, a 'development within 9 meters of a watercourse form' a written method statement and ecological impact assessment should be submitted to and approved in writing by the Department. All works in the river bed and the vicinity of the river shall be carried out in accordance with the approved details. Reason; To ensure adequate protection of the River, associated bio-diversity and fish within.
• C 3. The stone cladding on both sides of the wall shall be installed as shown in the approved drawings and retained as such thereafter. REASON: In the interest of visual amenity of the Conservation Area.

This application has been recommended for approval for the following reason.

The application would not harm the use and enjoyment of neighbouring properties or considered to harm the watercourse or that of the Laxey Conservation area has been designed to comply with Strategic Policy 4, General Policy 2 and Environment Policy 7, 22 and 35 of the Strategic Plan 2016.

Plans/Drawings/Information; This approval relates to drawings referenced; 300; 301; 302; 303; 304; 305; 306; 307; 308; 309; 310; 311; 312; 313; 314 submitted digitally and received on 18th March 2021.

Interested Person Status – Additional Persons

It is recommended that the following Government Department should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

• - Department of Infrastructure, Flood Risk Management.

It was decided that the following persons should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

The owner/occupier of 1 Victoria Terrace, Glen Road, Laxey - As they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).

It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

• - Occupants of Glen View, South Cape, Laxey is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy _____________________________________________________________________________

Officer’s Report

THIS APPLICATION IS REFERRED TO COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT

1.0 THE SITE - 1.1 The application site identified in red starts at the rear of dwellinghouse named 4 Victoria Terrace and extends down the river for approx. 240m to the rear of dwellinghouse Figtree cottage. The locations of the works are to the rear gardens of those properties, mainly to the boundary wall from their residential curtilage to the river. The rear boundary treatment differs from each property.

2.0 THE PROPOSAL - 2.1 Proposed is the demolition of the existing boundary wall (where applicable) and the construction of flood protection walls comprising a combination of reinforced concrete wall and natural stone cladding to both sides located to the rear of those residential properties fronting Glen Road. - 2.2 The applicant notes "the existing wall is undermined and in poor condition and does not offer the required height and freeboard required to prevent flooding". The replacement wall will be broadly the same height as some of the existing which would be approx. 1200mm high and approx. 450mm wide and would feature stone cladding which forms the rivers retaining wall.

3.0 PLANNING POLICY - 3.1 In terms of local plan policy, the application site is within an area designated as 'predominately residential' on Map 7 in the Area Plan for the East December 2020.

• The Area Plan for the East Written Statement
• 3.2 Within the accompanying written statement, Glen Road Laxey does not generally feature, Laxey River is noted amongst other rivers for populations of spawning salmon and sea-trout. With regard to flooding and erosion in section 5.20.1 refers to the 2016 National Strategy on Sea Defences and Coastal Erosion Evidence report which identified areas at risk of fluvial, surface water and coastal flooding within this, Laxey, amongst other areas was identified "as being at high risk both now and in the future and require urgent consideration, further investigation and potential intervention to reduce the evident risk". Section 5.20.2 notes the impact of flooding, weather and the flood risk when allocating land for future development and "flood risk acting as a critical constraint in the Site Assessment Framework used to assess proposed sites". Section 5.20.3 identifies that Flood risk maps have been produced by the MUA and their data used to identify flood risk areas.
• 3.3 Natural Environment Recommendation 3 The Department supports further consideration and investigation of the impacts of coastal, fluvial and surface water flooding and coastal erosion on key economic, infrastructure, environmental and social receptors. The ongoing work of the Flooding Advisory Group is recognised as part of this, as well as the findings and recommendations set out in the Laxey Flood Independent Review Report. The following, including the areas of Douglas (comprising Douglas Bay, Douglas Harbour, Glass/Douglas/Dhoo/Middle River Confluence, River Glass and Upper Dhoo) and Laxey, are all identified as being at high risk both now and in the future.
• 3.4 With regard to the Historic Built environment, in section 6.8 talks about safeguarding the local character local character, particularly those features which fundamentally define the historic built environment in the East. Part of section 6.8.3 provides helpful guidance; "Existing and new development can exist side by side, even with some visual differences presented by old and new building styles. New development should not seek to mimic existing development but be of its own time".
• 3.5 Urban Environment Proposal 3 Development proposals must make a positive contribution to local character and distinctiveness. Traditional or contemporary approaches may be appropriate, depending upon the nature of the proposal and the context of the surrounding area.
• 3.6 With regard to Tourism in the east in section 10.2.1, only the Laxey wheel and the Great Laxey Mines Railway are noted. Conservation Area Designation
• 3.7 The length of the application site is also identified as being within the Laxey Conservation Area 1990. Strategic Plan 2016
• 3.8 Within the adopted Isle of Man Strategic Plan 2016, the following policies are considered to be relevant in the determination of this application:
• 3.9 Strategic Policy 4 Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2) , buildings and structures within National Heritage Areas and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead to unacceptable environmental pollution or disturbance.
• 3.10 General Policy 2 (GP2) (in part)

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:

• (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; (g) does not affect adversely the amenity of local residents or the character of the locality;

3.11 Environment Policy 7 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 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.

3.12 Environment Policy 22 Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution. - 3.13 Environmental Policy 35 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. - 3.14 Other material Considerations;

• o Laxey Flood Alleviation Scheme Feasibility Study 2020
• o Laxey Flood of 1st October 2019 Independent Review Final Report (Arup report)
• o Laxey Floor Modelling 2017
• o National Strategy on Sea Defences, Flooding and coastal Erosion 2016
• o Isle of Man Surface water flood map 2014
• o Isle of Man Flooding and Wave Overtopping Study 2014
• o Flood Risk to Coastal Towns 2012

- 4.0 PLANNING HISTORY

4.1 It is pertinent to consider previous approved planning applications to Laxey River: - 4.2 20/01385/B - Construction of reinforced concrete wall with stone cladding for the purpose of providing flood protection. This Section of wall ran from the Laxey Woollen Mill to the start of this application at No.4 Victoria Terrace.

5.0 REPRESENTATIONS (in brief, full statements can be read online)

5.1 Garff Parish Commissioners had not commented at the time of writing. - 5.2 Highways Services have commented (02/04/21) and do not object.

5.3 DEFA Inland Fisheries have commented (19/04/21) any works to the watercourse bank and channel are restricted to a period 14th June to September (inclusive) to avoid spawning fish. Also, the works will need to be carried out in accordance with a method statement, to minimise disturbance to fish within the river. - 5.4 DoI Flood Risk Management commented (06/04/21) with No Flood Risk Management interest - 5.5 2 Glen View, South Cape commented (23/04/21) broadly agrees with stone cladding on both sides of the wall but should be Manx Stone traditionally laid down to the river bed. Also, the former horse drawn wagon way track beside Osbourne Cottage is preserved and other section found are fully photographed for MNH records.

- 6.0 ASSESSMENT

6.1 The fundamental issues to consider in the assessment of this planning application are;

• (i) Justification for the works (EP7a,b;)
• (ii) Impact on the neighbouring properties (GP2g ; EP22)
• (iii) Any adverse harm to the watercourse or (EP7c,d;GP2d)
• (iv) Visual impact on the wider streetscene and Laxey Conservation Area (SP4; EP35;GP2b&c)

6.2 Justification The starting point is the recommendations that were derived from the Arup report which has enabled JBA consulting to carry out surface water modelling and identify flood risk reduction opportunities possible within the Laxey Area. Of the 50 options for river, tidal and surface water flood risk alleviation, one of the options and the subject of this application is a new retaining wall between the Laxey River and Glen Road. This is further emphasised in the latest report (Laxey Flood Alleviation Scheme Feasibility Study 2020) at paragraph 6.1 titled; Long list of options - Fluvial and tidal referenced; (noted below in 6.3) This is also featured in paragraph

• 6.2.2 MER Weir and Glen Road Walls on page 35/36 where the table and pictogram shows the location of the works".

6.3 There is a wider government initiative to progress mitigating measures to offset flooding under the 'Programme for Government for a Sustainable Island' where it says; " Continue to invest in sea defences and in reducing flooding and coastal erosion risks for those areas identified as high risk in our national strategy". Laxey River has been identified as being high risk and the requirement for these works has been identified within the latest report from JBA consulting and previous studies, as noted above, which has been sufficiently documented and justified. Of all the works shortlisted, and the subject of this application, are seen as one of the most fundamental aspects to implement the necessary safeguards. As such the department is satisfied there is sufficient need for the principle of the works and as no evidence or conflicting professional hydrological reports to the contrary are published, the application would be in accordance with Environment Policy 7 (a,b). - 6.4 Neighbours The proposed works for a replacement wall at the end of the garden to those residential properties would be considered to be relatively non-contentious in the respect to the visual impacts on the neighbouring properties along Glen Road and would not be considered to be detrimental to their amenity. The residents of Glen Road have not commented on the application as they are to benefit the most from the works and this would offer the added protection from flooding over the years safeguarding their properties. This aspect would be read in accordance with GP2g & EP22. - 6.5 Watercourse

• The scope of works will see this part of the river boundary wall being transformed as previously noted in section 2.0 of this report. Importantly the comments from the inland fisheries are helpful and the applicant and their appointed contractors would be required to liaise with them for the production of a full method statement/ risk assessment of all the activities involved for works to replace the walling prior to the works commencing on site. On balance, the proposed scale of the works whilst would be initially invasive to this section of river and the boundary wall can be undertaken in a safe and appropriate manner to protect the quality of the local environment and would not adversely harm the water course, and would be compliant with GP2d and EP7c,d. This aspect can be controlled through an appropriately worded conditioned to ensure adequate safeguards are in place during the construction works.
• 6.6 Visual Impact The proposed replacement wall is partially visible from the opposite side of the river where there is a public footpath No.415 which runs from the Shore Hotel to the Commissioners offices (approx. 1km in length). From here the proposed wall would be visible and the drawings indicate that stone cladding is to be used on both sides for the majority of its length, which will give a uniform appearance and is welcomed and can be conditioned to ensure its retention is retained in perpetuity. The proposed appearance of the wall with stone cladding would be sympathetic to the surroundings and would be appropriate for the area without being detrimental to the wider Conservation Area. Any visual impact or loss of historic walling that is being replaced or bolstered is deemed to be minimal with any harm being outweighed by the benefits of flood protection to the existing dwellings and their residents and is sufficiently justified as noted above. This aspect would comply with Sp4, EP35 and GP2b&c.

- 7.0 CONCLUSION

7.1 The application has been considered and on balance would be appropriate for the area and would not harm the use and enjoyment of neighbouring properties or considered to harm the watercourse or that of the Laxey Conservation area has been designed to comply with Strategic Policy 4, General Policy 2 and Environment Policy 7, 22 and 35 of the Strategic Plan 2016, and is recommended for approval. - 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:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should 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: 10.05.2021

Signed : J SINGLETON Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatoryto delete as appropriate YES/NO See below

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