12 May 2020 · Planning Committee
High Tilt, Douglas Road, Kirk Michael, Isle Of Man, IM6 1as
The proposal involves a small timber kiosk with pitched metal roof for selling goat meat, cheese, milk, wool products, and farm-grown fruit from IOM Goats Limited's farm. It will be placed temporarily on two sites: one between Westlands dwelling and a lane adjacent to the main farm, and another to the rear of the Mitre…
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The proposal was approved despite the sites being in residential-designated land because a prior larger farm shop scheme (17/00678/B) was permitted on partly similar land, establishing acceptability o…
General Policy 2
Requires acceptable impact on neighbouring living conditions and highway safety. Officer applied relevant parts to non-residential proposal on residential land, finding impacts acceptable after amendments and compared to potential housing or prior approval.
Environment Policy 18
Permits retailing from farms subject to general retail policies. Officer confirmed proposal accords as sales limited to farm-produced goods via condition, distinguishing from ancillary sales.
Environment Policy 35
Requires preserving or enhancing Conservation Area character. Officer found kiosk's position behind outbuilding ensures negligible impact on Kirk Michael Conservation Area or adjacent Registered Building.
Planning Policy Statement 1/01 - Policy CA/2 (Conservation Areas)
Requires development in Conservation Areas to preserve or enhance character. Assessed as satisfied due to inconspicuous location maintaining access and no adverse visibility.
Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man
General guidance including Conservation Area policies. Officer referenced for overall compliance, particularly CA impacts.
Landscaping implementation
All planting, seeding or turfing shown in drawing 860/27C including the planting of Aucuba japonica crotonifolia as the hedging vegetation, comprised in the approved details of landscaping must be carried out, at the latest, in the first planting and seeding season following the first installation of the kiosk, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Time limit for kiosk and use
The kiosk and the use of both sites for the sale of produce subject to condition 3 below, may continue until May 31st, 2022 whereupon the kiosk must be removed from the sites and the sites no longer used for the purposes of any retail.
Mitre site usage restriction
The kiosk to be positioned to the rear of the Mitre Hotel may be in place only during practice and race weeks associated with the TT and the Festival of Motorcycling.
Restrict sales to farm produce
Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 or Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019 or any order amending, revoking or re-enacting these Orders, the site defined in red on plan 860.27B hereby approved shall be used only for the sale of goods produced on the farm or from animals kept on the farm and shall not be used for any other purpose within Use Class 1.1 of the Order without the express grant of planning approval from the Department.
no objection
no objection to the application
Highways Division has no objection (DNO) to the proposal. Dandara Group (owners of adjoining Westlands) has no objection. Occupant of Westlands raises concerns about siting, permanence, nuisance, cooking, and access.
Key concern: Kiosk sited abutting boundary causing overlooking to bedroom and impeding existing gateway access
Department of Infrastructure (DOI) Highways Division
No ObjectionDo not oppose; DNO
Dandara Group
No Objectionthe group has no objection to the proposed development
Westlands occupant
Potential customers entering the site from the High road will pass close by Bedroom window of Westlands creating an issue with overlooking main Bedroom.; This would be impeded if the application were to proceed as proposed.
Conditions requested: Kiosk should not be sited abutting directly the boundary; Kiosk will only be a temporary structure; No additions or extensions to kiosk and remain single story; No noise nuisance; No cooking in kiosk
