DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/01031/B Applicant: Mr Malcolm Cowin Proposal: To install an energy dissipater at the outlet of new surface water system. Site Address: Energy Dissipater Outlet Station Dumbells Terrace Laxey Isle Of Man IM4 7NY Principal Planner: Mr Chris Balmer Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 30.09.2022

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.

• C 2. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Any external elevation which is above ground level should be a stone clad. Reason: In the interests of the character and appearance of the site and surrounding area.
• C 3. A suitably qualified ecologist shall be present during vegetation removal in association with the development to ensure that Schedule 8 invasive plant species are not spread via the works, and in case that vegetation removal is required during the nesting season and checks for birds are required. Reason: To ensure that Schedule 8 invasive plant species are not spread via the works.

N 1. The applicants are recommend to discuss the works with Inland Fisheries of DEFA prior to any works commencing to ensure adequate protection measures to the adjacent watercourse are undertaken.

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

The application has been considered and on balance would seek to regularise the works already undertaken to improve flood protection, measures along the Laxey River and surrounding area within Laxey. The proposals 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 the submitted documents and drawing all received on 18.08.2022. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL

1.0 THE SITE - 1.1 The application site (described as Energy Dissipater Outlet Station) is a small section of land located to the east of Dumbells Terrace within Laxey. The site is located to the north of Main Road Bridge and northeast of the coach car park opposite Dumbells Terrace. The site is located below road level and set just above the Laxey River level which runs through Laxey.

2.0 THE PROPOSAL - 2.1 The application seeks approval for to install an energy dissipater at the outlet of new surface water system. The system is built into the embankment of the Laxey River having an overall height of 1.4m and a depth of 2metres. - 2.2 The applicants comment; "The proposed design follows the recommendations of the flood studies, which improves the catchment of surface water discharging onto the Snaefell Mountain Railway corridor and Storage Shed area, and contains and discharges directly to the Laxey River.

The proposed system will take water coming from the Snaefell railway track, Snaefell Railway sheds and Baldhoon Road. This will relieve flooding on Baldhoon Road, Ham Egg Terrace and further along Mines road in the area of the fire Station where it floods in heavy rain.

This application is for the outfall into the river only, just upstream of the Glen Mooar where the construction of an impact basin will be slightly above the existing bank levels. All other works associated with this development shall be undertaken in accordance with the relevant Permitted development Orders."

3.0 PLANNING POLICY - 3.1 In terms of local plan policy, the application site is within an area not designated for development on Map 7 Laxey Area Plan for the East. The site is within a Conservation Area. 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;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;

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 The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application. There are a number of previous planning approvals further downstream from this site for various flood protections measures along the Laxey River. - 5.0 REPRESENTATIONS (in brief, full statements can be read online)

5.1 Highways Services have commented they have no highway interest (07.09.2022).

5.2 Garff Commissioners comment (21.09.2022); "This application was considered in detail. The clerks were asked to submit a request that the concrete structure be clad in a 'Manx stone' style finish that would be sympathetic with the adjacent stone bridge."

5.3 Ecosystem Policy Officer comments (26.09.2022); "The DoI's Planning Application Statement of Case states that they have employed the services of an Ecologist. The ecologist has identified trees and shrubs, Schedule 8 plant species and the potential presence of a bat roost, as ecological considerations.

We request that a condition is secured for a suitably qualified ecologist to be present during vegetation removal to ensure that Schedule 8 invasive plant species are not spread via the works, and in case that vegetation removal is required during the nesting season and checks for birds are required.

The Planning Statement also says that 'An emergence survey will be carried out prior to end of August; should the presence of bats be identified, suitable working methods (to be agreed with MWT) will be employed to avoid Bat disturbance.' Section 9 of the Wildlife Act 1990 makes it an offence to disturb bats whilst they are occupying a structure which they use for shelter and protection. Therefore, if bats are identified, the DoI are legally required to agree the working methods with a member of DEFA Ecosystem Policy Team, not just the MWT.

We also request that the outcome of the August emergence survey is provided to the Ecosystem Policy Team for agreement prior to works commencing."

- 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) Justification

6.2 The proposal follows a number of approved works and plans to improve the flood protection of Laxey. This proposal forms part of this overall scheme. Accordingly, the principle and justification of the works is acceptable. Neighbours - 6.3 The proposed works would be modest in size and after a number of years and the regrowth of surrounding landscaping the proposal would not be especially apparent. The proposal given its size, location and distance from neighbouring properties it is not considered there would be any significant impacts to warrant a refusal. Watercourse / Ecology - 6.4 No comments have been received from the inland fisheries team of DEFA, a note should be attached to any approval for the applicants to contact them before any works commence. - 6.5 It is noted the applicants have comments; "The Department have sought advice from an Ecologist (MWT) who has visited the site. The section of River Bank where the outfall is to be constructed is heavily vegetated with small trees and shrubs, none of which are of a size that would require a license for removal. Whilst the trees and shrubs provide potential bird nesting sites it is intended that the works would be carried out between October and March to avoid the nesting season. A number of Schedule 8 invasive species (montbretia and cotoneaster) have been identified. An ecologist will be employed during vegetation removal to ensure that these species are appropriately removed and segregated for disposal/incineration. The area of bank will be reinstated with existing soils to encourage regrowth of native shrubs. A potential bat roosting feature has been identified in the existing bridge masonry adjacent to the proposed outfall, the works would not directly impact this PRF but are in close proximity. An emergence survey will be carried out prior to end

• of August; should the presence of Bats be identified suitable working methods (to be agreed with MWT) will be employed to avoid Bat disturbance. The impact basis is design to be constructed above river level, access into the river will not be required, however, consent to undertake the works will be sought from DEFA Fisheries."
• 6.6 Accordingly, it is considered the potential impacts to the wildlife/ecology, the applicants have in hand and it is considered the works can be undertaken appropriately from this respect. A condition has been sought by the Ecosystem Policy Officer for a suitably qualified ecologist to be present during vegetation removal to ensure that Schedule 8 invasive plant species are not spread via the works, and in case that vegetation removal is required during the nesting season and checks for birds are required. Visual Impact
• 6.7 The proposal in terms of its height and size is very modest and given its location will not be apparent from the Main Road or Dumbells Terrace or from any significant public perspective, given the existing landscaping along the riverside. In this case the proposal would not be introducing an incongruous element that would be considered detrimental to this part of the street scene. The proposal would preserve the Conservation Area. A condition for the concrete structure be clad in a 'Manx stone' style finish as suggested by the Commissioners is consider reasonable.

- 7.0 CONCLUSION

7.1 The application has been considered and on balance would seek to regularise the works already undertaken to improve flood protection, measures along the Laxey River and surrounding area within Laxey. The proposals 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.

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot 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: 10.10.2022

Signed : C BALMER Presenting Officer

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

Signatory to delete as appropriate YES/NO See below

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