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The application site comprises the curtilage of a parcel of land that forms part of the Laxey Mine Railway in Upper Valley Gardens, Laxey.
The proposed development comprises of the erection of a single storey building for the storage of railway carriages and rolling stock. The proposed building will be stone clad, similar to an existing building that is also within the application site.
The reconstruction of former mines railway & erection of engine shed was permitted by the approval of planning application 99/00856/B.
Lonan Parish Commissioners have no objection to the proposed development. The Department of Transport Highways Division do not oppose the proposed development. The Department of Transport Drainage Division have no objection to the proposed development subject to condition.
The Manx Electricity Authority initially objected to the planning application on the grounds that the proposed building affects an 11kV underground cable. Following discussions with the applicant the Manx Electricity Authority have no objection to the proposed development subject to either a condition requiring the moving of the cable or the re-positioning of the proposed building.
The application site is within an area zoned as Public Open Space under the Laxey and Lonan Area Plan Order 2005. It is also within a Conservation Area.
Policy L/OSNC/PR/1 of the Laxey and Lonan Area Plan Order 2005 states:
"There will be a general presumption against development in areas designated as open space or open space for particular purposes."
The proposed development is clearly related to the operation of the Laxey Mine Railway and the design of the proposed building echoes that of the existing adjacent engine shed. Whilst policy L/OSNC/PR/1 presumes against development within areas of open space I am satisfied that the proposed development is specifically related to the site and the use contained within it. As such I believe that there is sufficient justification to set aside the aforementioned policy.
In simple terms I am content that the scale and design of the proposed building is appropriate to the location and in keeping with the character of the Conservation Area. After some consideration I am satisfied that the underground electric cable issue can be resolved through a condition requiring it to be relocated a minimum of one metre from the proposed building, including its footings. Such relocation can be accommodated within the confines of the application site.
I recommend that the planning application be approved.
I consider that all parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status.
Recommended Decision: Permitted
Date of Recommendation: 18.08.2006
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to the location plan and drawing no.s 01004/2 date stamped the 14th June 2006.
C 3.
Prior to the commencement of the construction of the building the adjacent underground electrical cable must be relocated so that no part of it will be within one metre of the aforementioned building, inclusive of its footings, upon its construction.
C 4.
There must be no discharge of surface water to the main foul sewer.
N 1.
The applicant is recommended to consult the Manx Electricity Authority with regards to the undertaking of condition no. 3 of this approval.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date: 18/8/07
Signed: [Handwritten signature] M. I. McCauley Director of Planning and Building Control
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