31 May 2019 · Delegated - Head of Development Management (Stephen Butler)
Clove Cottage, Main Road, Kirk Michael, Isle Of Man, IM6 2hg
Clove Cottage is a traditional Manx cottage in the Kirk Michael village Conservation Area, located on the eastern side of the A3 main road opposite a church hall/nursery. The proposal involves demolishing the existing single garage (2.7m x 5m) and flat-roofed link, replacing it with a two-storey extension (kitchen belo…
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The officer considered impacts on Conservation Area character, highway safety, and trees/amenity. Alterations add mass but in a 'form which is not unlike a barn and set back from the highway behind th…
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale/design/landscaping (b), not adversely affect landscape/townscape character (c), protect habitats/trees (d,f), not harm resident amenity/character (g), provide safe access/parking (h), no unacceptable highway impact (i). Officer assessed extension as neutral on character due to setback/screening; tree mitigation and protection satisfies tree/amenity tests; widened drive/parking meets parking standards and improves safety.
Environment Policy 35
Permits only development preserving/enhancing Conservation Area character, protecting special features. Echoes PPS1/01; officer found extension neutral (limited view, screened), tree loss non-adverse with mitigation, overall preserves character.
Time limit
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Retained tree protection
No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented. Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.
Tree protective measures pre-commencement
Prior to the commencement of the development hereby approved, the protective measures detailed in the Tree Protection Plan (drawing TP-1219) and Arboricultural Method Statement, prepared by Manx Roots and submitted in support of the application, shall be fully installed and implemented and retained for the duration of the construction process. Reason: To ensure that trees marked for retention are adequately protected, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.
Replacement tree planting
The soil amelioration and replacement tree planting shall be carried out in accordance with the Mitigation Planting Report, prepared by Manx Roots and submitted in support of the application. The planting shall be carried out in the first planting season following the completion of the development. Any trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased, shall be replaced as is reasonably practicable or in the next planting season with others of similar size, species and number as originally approved, unless the Department gives written consent to any variation. Reason: To ensure that replacement tree planting takes place to mitigate the tree removal required to facilitate the development.
Gates not to open over highway
The proposed gates may not be permitted to open out over the highway. Reason: In the interests of highway safety.
no objection
Tree removal justified individually; impact not significant (views dominated by horse chestnuts, blocked by other trees); recommends protective fencing and replanting conditions which will positively contribute to streetscene
Arboricultural Officer has no objection to tree removal with three specific conditions for tree protection and replacement planting; Highways objects due to inadequate visibility splays at the widened access; Michael Parish Commissioners have no objection.
Key concern: widened vehicular access fails to demonstrate sufficient visibility splays impacting highway safety
Arboricultural Officer
Conditional No ObjectionI agree with the category ratings applied and do not object to the tree removal that is proposed (summarised in drawing TR-1219).; The proposed planting will make a positive contribution to the street scene and, from the perspective of Clove Cottage, will provide some shelter from road.
Conditions requested: No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.; Prior to the commencement of the development hereby approved, the protective measures detailed in the Tree Protection Plan (drawing TP-1219) and Arboricultural Method Statement, prepared by Manx Roots and submitted in support of the application, shall be fully installed and implemented and retained for the duration of the construction process.; The soil amelioration and replacement tree planting shall be carried out in accordance with the Mitigation Planting Report, prepared by Manx Roots and submitted in support of the application. The planting shall be carried out in the first planting season following the completion of the development. Any trees which, within a period of 5 years from their planting, die, are removed, or, in the opinion of the Department, become seriously damaged or diseased, shall be replaced as is reasonably practicable or in the next planting season with others of similar size, species and number as originally approved, unless the Department gives written consent to any variation.
Highway Services
ObjectionHighway Services oppose the application on highway safety grounds as the application fails to demonstrate that the widened vehicular access would not have an adverse impact on highway visibility and highway safety.; A S109A Highway Agreement would be needed to legally create the widened vehicular access onto the adopted highway which Highway Services would not enter into with a highway safety objection in place.
Conditions requested: no gates are provided
Michael Parish Commissioners
No ObjectionNO OBJECTION
