20 October 2009 · Secretary Planning Committee
Laxey Wheel, Wheel Hill, Laxey, Isle Of Man, IM4 7nl
The proposal involved creating a seating/picnic area and siting a mobile catering unit (trailer) adjacent to the internationally significant Laxey Wheel heritage site within a Conservation Area, high landscape value area, and open space/agricultural designation. The site is managed by Manx National Heritage.
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The application was withdrawn by the applicant following officer concerns about policy compliance. The officer noted a general presumption against development in open space/high landscape value areas …
Policy L/OSNC/PR/1
General presumption against development in designated open space. Officer noted need to justify setting aside presumption; accepted principle for Laxey Wheel visitor facilities might qualify as exception under GP3 etc., but required applicant evidence.
Policy L/CRB/PR/1 - Archaeology
No development where adversely affecting archaeological features or setting; Manx National Heritage consultation required near sites like Laxey Wheel. Proposal tested for impact on setting.
Conservation Area Policy 4 of Laxey and Lonan Area Plan Order 2005
Special attention to preserving/enhancing Conservation Area character. Officer found mobile unit contrary due to harm to character.
Policy L/CRB/PR/6 - Laxey Wheel and the Mines Complex
Recognises international significance; encourages UNESCO status. Mobile unit seen as detrimental to setting of 'Island's most recognisable historical feature'.
General Policy 3
Development not permitted outside zoned areas except specific exceptions like heritage interpretation. Officer accepted potential as 'buildings or works required for interpretation of... heritage' but required justification.
Environment Policy 1
Protects countryside/ecology unless overriding national need. Relevant to open space/agricultural designation outside settlements.
Environment Policy 2
Protects high landscape value areas unless no harm or essential location. Site in high landscape/scenic significance area.
Environment Policy 35
Permits only development preserving/enhancing Conservation Areas. Mobile unit found contrary.
Do not oppose
No objection subject to conditions on discharges and grease trap
Drainage Division and Highways Division have no objection with conditions from Drainage on sewer discharges and grease traps; Laxey Village Commissioners recommend refusal due to the mobile catering unit being out of keeping with surroundings.
Key concern: provision of a mobile catering unit is out of keeping with the surroundings
Drainage Division
Conditional No ObjectionNo Objection subject to the following conditions; A grease/fat trap is recommended to be installed and maintained by the occupier/ owner
Conditions requested: Under section 6 of the Sewerage Act 1999 there must be No discharges of: a) any matter likely to injure the sewer or drain, to interfere with the free flow of its contents or to affect prejudicial to the treatment and disposal of its contents. b) any matter of a description prescribe for the purpose of this paragraph.; A grease/fat trap is recommended to be installed and maintained by the occupier/ owner to prevent any such waste entering the drainage system.; No discharges of fat or other food waste, which will affect the performance of the public foul sewerage system, will be permitted to the foul sewer. It will be the responsibility of the developer/occupier of the premises to provide satisfactory means of disposal for such waste.
Department of Transport Highways Division
No ObjectionDo not oppose
Laxey Village Commissioners
Objectionthe Board recommends refusal of the above planning application; a mobile catering unit is out of keeping with the surroundings and that a formal stone built structure would be more compatible with the location
