29 September 2011 · Minister for Infrastructure (following appeal inspector recommendation)
Land Adjacent To, Kerrowkeil, Patrick Road, St Johns, Isle Of Man, IM4 3bn
The proposal was for a two-storey detached dwelling with single-storey rear elements on a triangular garden plot adjacent to Kerrowkeil in St Johns, designed to retain a prominent ash tree (unlike the previous scheme) and provide four parking spaces including two behind the front building line.
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The Minister concurred with the independent inspector's report that the proposal would likely lead to future loss of the visually important ash tree due to its harmful effects on light and outlook wit…
Environment Policy 42
Requires new development in settlements to respect local character and identity, prohibiting removal of open/green spaces contributing to visual amenity without identification in Area Plans. Inspector found proposal likely to cause future loss of prominent ash tree (key streetscape feature) without replacement space, harming rural character; tree retention unviable due to overshadowing of habitable rooms.
Transport Policy 7
Requires parking per current standards (Appendix 7: 2 spaces/unit, at least one behind frontage). Provided spaces met numbers but side spaces only 2.5m wide (below 3m needed for usability alongside walls), failing policy intentions and evidencing overdevelopment.
General Policy 2
Permits development respecting site/surroundings, character, amenities, parking. Principle accepted but failed on character (tree), parking adequacy, and overdevelopment.
Residential Policy RES/P/5 (St John's Local Plan)
Limits new residential outside identified areas; inspector interpreted no outright bar on single infill dwelling in developed areas.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to drawing no.s 01, 02 and 03 date stamped the 24th August 2011.
Tree protection
Prior to the commencement of the construction of the dwelling the existing Ash tree located on the southern boundary of the application site must be protected by appropriate fencing to protect against damage during the course of construction. The means of fencing and subsequent protection should follow the recommendations contained within British Standard 5837:2005 - Trees and Construction.
no comment
do not oppose; no adverse traffic management, parking or road safety implications
Public objections from neighbours regarding tree loss, inaccurate tree survey, substandard parking, and overdevelopment; statutory consultees including Tree Officer, Highways Division, Manx Electricity Authority, and Patrick Parish Commissioners raised no objections or no comments.
Key concern: inaccurate tree survey and loss/lopping of important mature Ash tree harming rural character
Kaz Ryzner Associates (on behalf of Mr and Mrs Walton)
Objection"the amended proposals fail to provide accurate information relating to the existing large tree which would in any event be lost as a result of the proposed development"; "the proposed parking arrangements do not meet the standards required by the Strategic Plan"; "the proposals represent overdevelopment of the site"
Tree Officer (Peter Keenan)
No Objection"The construction of the driveway should not adversely affect the health of the tree as there should be minimal excavation"; "The tree is not registered and any future pruning work or indeed crown reduction or ‘topping’ will not require a felling licence"
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application
Conditions requested: applicant must contact the Authority; Contact Network Operations Department (Tel. 687687) to discuss working practices around Cables and Overhead Lines; Contact M.E.A. for Electrical Site Safety 5 documents (Tel. 687766); Contact M.E.A. Planning Department (Tel. 687781) to discuss electricity supply; All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6
David Callin and Vanessa Callin
Objection"the result of cramming another house into this cramped site will be to add to the impression of overbuilding"; "We are still concerned about parking on the Patrick Road, and the safety of egress from our lane"
Patrick Parish Commissioners
No Commentno comment would be made
Highways Division
No ObjectionDo not oppose has no adverse traffic management, parking or road safety implications
Original application 10/01632/B for a detached dwelling was approved by officers but refused on neighbour appeal due to loss of important tree harming rural character (contrary to Environment Policy 42) and overdevelopment due to inadequate parking behind frontage (Appendix 7). Revised application 11/01199/B retained the tree, provided two side parking spaces behind frontage (width 2.5m), and was approved under delegation on 29 Sep 2011 with tree protection condition. Neighbours (Mr & Mrs Walton via agent Kaz Ryzner) appealed on 10 Oct 2011, arguing tree retention unfeasible (roots/canopy conflict, inaccurate survey), parking substandard (below 3.25m Manx Roads width), and persistent overdevelopment harming rural character. Officer report accepted changes addressed prior refusals; no inspector report for this appeal.
Precedent Value
Highlights need for accurate arboricultural surveys and full compliance with parking dimensions (not just Appendix 7 minima) in constrained village infill sites; revisions addressing specific refusal reasons can succeed at officer level but face scrutiny on appeal re ongoing rural character harm.
