Statutory Document No. 691/05 THE TOWN & COUNTRY PLANNING ACT 1999 TIIE LA)GY AND LONAN AREA PLA¡I ORDER 2OO5 Approved by Tynwøld 20'h October 2005 Coming into operation I't November 2005 In exercise of the powers conferred on the Department of Local Government and the Environment by section 2(5)(a) of, and paragraph 6(1) of Schedule 1 and paragraph 1 of Schedule 8 to, ihe Town and Country Planning Act I999r, and of all other enabling powers, the following Order is hereby made:- 1. Citation and commencement This Order may be cited as the Laxey and Lonan Area Plan Order 2005 and, subject to section 2(5Xb) of the Town and Country Planning Act1999, shall come into operation on the 2. Adoption of area plan The area plan for the village district of Laxey and the parish district of Lonan, comprised in the following documents annexed to this Order:- (a) The Laxey and Lonan Area Plan Order 2005 Written Statement; (b) The Laxey and Lonan Area Plan Order 2005 Map No' 1; and G) The Laxey and Lonan Area Plan Order 2005 Map No' 2 is hereby adopted by the Deparknent of Local Govenrment and the Environment, and shall come into force on the 1't November 2005' 3. Repeal of existing plan The following provisions, so fai as they relate to the village district of Laxey and the parish district of Lonan, (which have effect as an area plan for those districts) are repealed - (a) articles 7,8,I0 and 11 of the Isle of Man Planning Scheme (Development Plan) Order 19822; (b) articles 2 and 3 of the Order, so far as they relate to those articles; (c) Isle of Man Planning Scheme (Laxey Local Plan) Order 19893; and (d) the Plan as defined in the said article 3. | 1999 c.9 2 cc tqo/gz 3 cc t9g/99 Price: 40p Code: A TOWN AND COUNTRY PLANNING ACT 1999 THE LAXEY AND LONAN AREA PLAN ORDER 2OO5 Written Statement to be read with the accompanying Plans all of which were adopted by the Department of Local Government and the Environment on 31* August, 2005 I Depaftment of Local Government and the Environment Rheynn Reiltys Ynnydagh as y Chymmyltaght Office of Planning Murray House 5 Mount Havelock DOUGLAS Isle of Man September 2005 THE LAXEY AND LONAN PLAN Preface This area plan process commenced with the circulation to the public of an Issues and Options document in April, 1998. This related solely to Laxey and identified a series of areas of discussion and therein identified a number of issues and corresponding options for various policy responses. The Issues and Options document also identified the existing policies included in the Laxey Local Plan which was adopted by Tynwald in 1989. A number of responses were received to the Issues and Options document including views from local residents and comments from the Laxey Village Commissioners, Manx National Heritage, the Manx Nature Conseruation Trust, the Advisory Council on Planning and the Environment, the Society for the Preseruation of the Manx Countryside and Environment and various Government Departments. The subsequent consultation gave rise to around 130 views from more local people and residents'associations. Views received focused on a relatively small number of issues: the Iocation and principle of new residential development was of concern to a number of groups including the Depaftment of Education, the Iocal road and sewerage network and its ability to cope with new development, the creation of a better environment for pedestrians, the appropriateness of extension or modification of the existing Conseruation Area, better promotion of the village for tourism, the implications of more industrial operations within the village were all topics of comment together with identification of areas of interest to nature conservation. It was also suggested that the area of study should be increased to include not just the village of Laxey but some of the surrounding hinterland as well which ventures into the parish of Lonan. It was accepted initially that the study area should be expanded to include that paft of the Parish of Lonan which adjoins Laxey on its southern side and the hamlet of Agneash, the latter of which was suggested for study in the Eastern Sector Plan, Planning Circular 919L. However, after fufther thought and consultation with Lonan Parish Commissioners it was resolved that the study should consider Laxey and all of the parish of Lonan in order to fully examine all of the planning issues which affect the area, may of which interconnect Laxey and Lonan - matters such as Education, sewerage and seruices affect both and should as such be considered simultaneously. Fufther consultation was undeftaken with the residents of Lonan in November, 1998. What was obvious from the local views received was the concern of local people that the village and the area as a whole is thought of very highly as an attrãctive place in which to live and to visit and that there is a lot of concern that it should not lose its character and identity by the encouragement of or provision made for inappropriate development within the area. Following the completion of this round of consultation, the Depaftment introduced the new Town and Country Planning Act in 1999 which made fresh provisions for the making of Iocal or area plans as they are now known. As such, the DepaÉment was required to re-commence the consultation document and a new Issues and Options document was formulated, incorporating the additional matters which had arisen during the previous round of consultation and made I ava¡lable to the public in April, 2000, Views received were similar to those which had been received the previous year with concern expressed about new development and the effect which this may have on the character of the area. Concern was also expressed about the present arrangements for the disposal of sewage, the supply of water to the area and lack of accommodation in Laxey School. The DepaËment then formulated the first draft of the area plan' including policies, proposals and recommendations. This was issued to the public in ôctober 2000 with views to be received by 8tn December, 2000. Approximately 64 local residents submitted responses with views also being received from various Government Depaftments, Laxey Village and Lonan Parish Commissioners, residents' associations of Croit-e-Quill, Baldrine and Ballaragh' Manx Nationat Heritage, the Laxey and Lonan Heritage Trust and the Manx Wildlife Trust. These views were concerned with similar topics as those covered by the comments submitted in response to the Issues and Options with paÉicular concern expressed about the ability of the existing infrastructure to accommodate additional development and the need to clearly and accurately establish the Ievels of need for the area for the future in Iand use terms. Concern was also expressed about the need to preserve the high quality of landscape in the area, Following the receipt of these views, the DepaÉment issued a Modifications Document which outlined the views which had been received and suggested a number of modifications thereto following the responses received. 41 responses wère received in this respect. The Depaftment then issued a document in May 2OO2 which incorporated the proposed modifications and set them in the context of the previous Written Statement. The draft plan was then the subject of a public ihquiry held in the Laxey Glen Pavilion on 21d and 22"d May,2O02. The Inspector appointed to hear the inquiry reported to the Department in June 2OOz and this repoft was circulated to the public. The DepaÉment considered the recommendations of the Inspector and has incorporated his suggestions where appropriate into the written statement and the Plans for consideration by Tynwald, The Written Statement has also been updated in respect of relevant planning applications which have been submitted in respect of ceftain sites. It is hoped that the following policies, proposals and recommendations combine to result in a positive document which will protect and provide for the future of the area for the foreseeable future. It is intended that the Laxey and Lonan plan which is adopted by Tynwald will have an effective life of between five and ten years towards the end of which ¡t will be appropriate to review the adopted poticies in accordance with the changing demands and aspirations of the local people and the Island as a whole. This area plan is formulated under the provisions of the 1999 Town and Country Ptanning Act which requires that the Depaftment should prepare and from time to time revise a plan to be known as the Island Development PIan which shall consist of a strategic plan,..and one or more area plans. The area plan in turn shall consist of three things: a written statement formulating such proposals for the development or other use of Iand in the area to which the plan relates or for any description of the development or other use of such land' a maP showing those proposals of a geographical basis and a reasoned justification of those proposals. The proposals for the development or other use of land in the area to which the plan relates take the form of Iand use designations on the maps and 2 the policies, proposals and recommendations contained within the Written Statement. The Act states that it is the Strategic Plan which contains the oolicies to which the area plan(s) should refer: over-arching policies which will apply throughout the Island to guide development therein. However, as the Strategic Plan has yet to be adopted by Tynwald there are some matters which are referred to as policies within the area plan.