DEC Officer Report

Application No.: 22/00838/B Applicant: Mr Mervyn Hills Proposal: Creation of boundary wall Site Address: Cronk-E-Chule Wheel Hill Laxey Isle Of Man IM4 7NL Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 01.08.2022

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.

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

The proposed new walling is acceptable in terms of their form, mass and design to an existing residential property and as such complies with Housing Policy 16, Environment Policy 35 and Planning Policy 1/01.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 24.06.2022. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________

Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of Cronk E Chule, Wheel Hill, Laxey, which consists of a two storey detached property, and a two storey detached garage block. The property is situated across the Laxey River adjacent to the Laxey Wheel car park. THE PROPOSAL - 2.1 The application seeks approval for creation of boundary walls which involves the replacement of the timber fencing with an approximate 1.2m high Manx dry stone walling and existing stock fencing would be reinstated along the boundary line. This will match the existing walling found to the northwest boundary (with Mines Road) and northeast boundary which comprises again of a Manx stone wall which runs into a dilapidated timber fence to the east. The fields surround the site are owned by Manx National Heritage and the applicants have indicated they have been in consultation with them in terms of the style which has been agreed and also gain access during construction.

2.2 Further information was sought by the Department and the applicant's agent responded; "In relation to existing stock fencing and timber fence panels, upon completion of the boundary wall, any stock fencing removed for construction purposes would be reinstated.

The fence panels located around the former hot tub area were dilapidated and rotten Larchlap type panels, preferably these panels would not be reinstated, only the stock fencing referred to.

The "high" wall referred to would not exceed 1.2m in height at that location" PLANNING HISTORY

3.1 The previous applications on the site are not material to the assessment of this application. PLANNING POLICY - 4.1 The site lies within an area zoned as within an area "not zoned for development" on the Area Plan for the East. The site isn't within a Flood Risk Zone but is within a Conservation Area.

- 4.2 AREA PLAN FOR THE EAST

• 4.2.1 Due to the property's location close to the Laxey Wheel, Urban Environment Proposal 6 of the Area Plan for the East is applicable to the assessment of this application and seeks that the site must be designed to take into account the character of the Ancient Monument (Laxey Wheel) and due to the property being within the Laxey Conservation Area, Urban Environment Proposal 3 is also relevant which seeks that proposals make a positive contribution to the local character and distinctiveness.

4.3 STRATEGIC PLAN

• 4.3.1 Given that the site is not designated for development consideration should be given to a number of policies within the Isle of Man Strategic Plan including Strategic Policies 1 and 5 which seek to make best use of existing developed sites and ensuring new development is of good design, Spatial Policy 5, General Policy 3 and Environment Policy 3 which all seek to protect the countryside for its own sake and in this specific case due the most relevant will be

• Strategic Policy 4 and Environment Policy 35 which seek to preserve or enhance the character and appearance of a Conservation Area and protect the Ancient Monument (Laxey Wheel) and Housing Policy 16 in ensuring that development does not increase the impact of non-traditional properties when viewed by the public.
• 4.4 PLANNING POLICY

• 4.4.1 Consideration should be given for PPS 1/01.

4.5 LEGISLATION

• 4.5.1 It is relevant to note Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act."

• 4.5.2 Given that the property is within a Conservation Area, the above requirements apply and appropriate consideration will be given in section 6 of this assessment.
• 4.6 OTHER MATERIAL CONSIDERATIONS

4.6.1 The principles of the Residential Design Guidance 2021 which sets out a number of general development standards for alterations to existing dwellings including neighbouring amenity is a material consideration.

REPRESENTATIONS

5.1 The following representations can be found in full online; - 5.2 Highway Services comment (08.07.23022): "- After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised that highway licences may be necessary for use of the highway during works for equipment and materials." - 5.3 Garff Commissioners have considered the proposal and have no objections. ASSESSMENT

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

• - Statutory test
• - Character and appearance 6.2 CONSERVATION AREA STATUTORY TEST

• 6.2.1 Prior to the assessment elements of this application, it is necessary to apply the Conservation Area statutory test as referenced in section 4.4 of this assessment on whether the proposal would preserve or enhance the Conservation Area.
• 6.2.2 The property is situated within its own grounds and due to its location away from Mines Road and with views from the Ancient Monument (Laxey Wheel) being minimal the proposed works will enhance the Conservation Area.
• 6.3 CHARACTER AND APPEARANCE

• 6.3.1 The site is not designated for development, nor does the proposal meet the expectation criteria in General Policy 3. However, walls/fences are accepted means to demark residential curtilages where ever they are found. This proposal would remove the existing timber fences in a poor state of repair with Manx Stone walling which ties in with the existing Manx stone walking. The stock proof fencing would be reinstated. These works would enhance the site, countryside setting and the Conservation Area. CONCLUSION
• 7.1 The proposed new walling is acceptable in terms of their form, mass and design to an existing residential property and as such complies with Housing Policy 16, Environment Policy 35 and Planning Policy 1/01. 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 can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 03.08.2022 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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