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19/00371/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/00371/B Applicant : Mr Kieran Brown & Miss Amy Duncan Proposal : Alterations, demolition of existing garage, erection of two storey extension and driveway and vehicular access amendments (in association with 19/00372/CON) Site Address : Clove Cottage Main Road Kirk Michael Isle of Man IM6 2HG
Principal Planner: Miss S E Corlett Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 30.05.2019 __
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2. 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.
C 3. 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.
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19/00371/B Page 2 of 5
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.
C 4. 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.
C 5. The proposed gates may not be permitted to open out over the highway.
Reason: In the interests of highway safety.
Plans/Drawings/Information:
This decision relates to drawings 1458.1, the location plan and the Tree Protection and Arboricultural Method Statement and Mitigation Planting Plan all received on 28th March, 2019.
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Interested Person Status - Additional Persons
none __
Officer’s Report
THE SITE 1.1 The site is the residential curtilage of an existing dwelling, Clove Cottage which is a detached dwelling which sits on the eastern side of the main road through Kirk Michael, the A3, opposite Park View Methodist Church hall which is used as a nursery and for recreational activities, together with a number of private dwellings.
1.2 The application property was originally a traditional Manx cottage which sits at right angles to the road with its gable flush with the highway. Its front faces north and its southern elevation, which contains a number of windows, abuts the southern boundary of the property, bounding the curtilage of Whitehouse Farm.
1.3 The property still has some traditional characteristics such as substantial chimneys, a flat roofed porch in the centre of the main part of the northern elevation and a pitched, slate-like roof although the property has been modified through the enlargement of the windows and the installation of plastic framed casements, the re-finishing of the roof in fibre cement tiles and the addition of an annex on the eastern side and a flat roofed link to a single garage to the north of the main unit.
1.4 The garage has an internal area of 2.7m by 5m and in front of this is a straight driveway which has an area of 2.8 by 8.4m - sufficient to accommodate a single vehicle without space for the turning of a vehicle which will have to enter or exit the property in a forward gear, but not both.
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19/00371/B Page 3 of 5
THE PROPOSAL 2.1 Proposed is the widening of the access to 2.8m, the expansion of the hard standing to accommodate two cars and some manoeuvring space, the extension of the eastern side of the dwelling, the removal of the garage and link and their replacement with a new garage and link which has two storeys of accommodation and the same ridge height as the new extension which is slightly, 200mm lower than the main ridge.
2.2 The extension will accommodate a kitchen at ground floor level with bedrooms and a bathroom above. The northern elevation has a large glazed area at first floor level which follows the profile of the gable. The front elevation has a garage door and pedestrian door with small windows above, framed in uPVC to match others already in the house.
2.3 The works will necessitate the removal of trees and the applicant has commissioned a tree survey by a local tree management company. This identifies 14 individual trees on site, only one of which is category B (an elm at the northern end of the site), the rest being C or U. A number of the trees - one behind the property, two to the north and one alongside the road are recommended to be removed due to their poor structure or physiological health. Three trees to the rear (east) of the house are recommended to be removed as they would be too close to the proposed works and one requires pruning, to the rear of the proposed extension. Essentially, all of the existing trees to the rear of the house are to be removed and four to the north which sit in between other trees which are to be retained. A number of trees have already been removed along the front boundary since the 2010 Google Streetview image was captured.
2.4 In mitigation, additional trees are to be planted behind the visibility splay, alongside the main road in the form of four flagpole cherry trees which are upright, flowering cherry trees and details of the protection of the remaining trees on site have been provided together with details of their planting and aftercare.
PLANNING POLICY 3.1 The site lies within an area designated on the Kirk Michael Local Plan of 1994 as Predominantly Residential. The site also lies within the village Conservation Area which includes not only the roadside houses but also Whitehouse Farm to the rear.
3.2 The development must therefore accord with the following Strategic Plan policies - General Policy 2 and Environment Policy 35:
General Policy 2: 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; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (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 and (i) does not have an unacceptable effect on road safety or traffic flows on the local highways".
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19/00371/B Page 4 of 5
Environment 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.
Appendix Seven of the Strategic Plan requires each residential property to have two parking spaces available to it.
3.3 EP35 echoes the provisions of Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man.
PLANNING HISTORY 4.1 The site has been subject to applications for alterations to the house, none of which is considered relevant to the consideration of the current application.
REPRESENTATIONS 5.1 Michael Commissioners have no objection (01.05.19).
5.2 Highway Services express concern at the lack of information to demonstrate available visibility of and from vehicles emerging from the site (12.04.19). They also express concern that there is no information on how the proposed gates will open and whilst it is acknowledged that there are already gates on the entrance, the inclusion of gates will necessitate the waiting of vehicles on the highway whilst the gates open, which would be detrimental to highway safety.
5.3 The Arboricultural Officer of DEFA explains that whilst he was initially concerned about the extent of tree removal, having looked at each tree individually, he considers that the removal is justified in each instance. Also, having visited the site, he does not consider that the impact of the loss will be as significant as first thought as the view down the road is dominated by existing horse chestnuts alongside the entrance to White House Farm and from the north the view is blocked by an existing line of other trees. The short section of roadside where the trees are visible may result in the loss being noticed but this is not considered significant in the overall streetscene. He points out that some of the trees are on land which may not belong to the applicant (and the adjacent owner has been contacted by the Planning Officer in this respect). He recommends protective fencing and conditions regarding tree protection and replanting, which he considers will make a positive contribution to the streetscene and from the perspective of those in Clove Cottage, will provide some protection from the road (01.05.19).
ASSESSMENT 6.1 The issues in this case are whether the works would have any adverse impact on the character or appearance of the Conservation Area, whether the proposal will result in any adverse impact on highway safety and whether the development, including the removal of trees, will result in any adverse impact on the character and appearance of the area. The neighbouring land owner was consulted by letter to ask about the loss of trees which may be on their property but no response has been received to date.
6.2 The alterations to the dwelling will add to its mass but in a form which is not unlike a barn and set back from the highway behind the main cottage. The exposure of this to public view is limited by the cottage and the existing and proposed roadside trees and hedging. This impact is therefore considered to be neutral.
6.3 The removal of the trees will have an impact but this will be mitigated by the planting of new trees in a position where this will not interfere with visibility of and from vehicles emerging from the site. The view of the Arboricultural Officer is that this impact is not adverse. This is accepted.
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19/00371/B Page 5 of 5
6.4 Whilst there is an adverse report from Highway Services, the proposal will not reduce visibility for those in emerging vehicles but may actually improve it. Whilst there is concern that a gate may have an adverse impact through vehicles waiting on the highway, there is a net increase in off road vehicular parking, potential increase in visibility and in any case, there is currently a gate serving the access. As such, it is considered that there is a net improvement in highway safety as a result of the proposal. There is permitted development for the erection of gates but where there is the provision that "(e) no gates may open out over the highway or any footpath.". It is not considered appropriate to restrict the introduction of gates in this instance.
CONCLUSION 7.1 The proposal is considered to satisfy the relevant policies and is supported subject to conditions as advised by the Arboricultural Officer.
INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
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 in Article 6(4) 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 can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date : 30.05.2019
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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