30 December 2019 · Planning Committee (signed by Director of Planning and Building Control)
Field 234268, Douglas Road, Kirk Michael, Isle Of Man, IM6 1at
The proposal involves building two detached two-storey houses, each with a projecting front garage and upper balcony, on a sloping grass field adjacent to the existing dwelling Cass-a-Lhergy, northeast of Douglas Road (part of the TT course) in Kirk Michael.
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Principle of residential development established by prior approval in principle PA15/00815/A (upheld at 2016 appeal), where inspector found two well-designed houses fronting the road would not encroac…
General Policy 3
Presumes against development outside zoned areas except specific exceptions (none apply here); tested against site as unzoned 'Open Space (Agriculture)' but officer found principle acceptable per prior AiP appeal as within village fringe, no countryside encroachment from frontage siting.
Environment Policy 1
Protects countryside/ecology unless overriding need/no alternative; site transitional rural character but development fronting road with tree retention/mitigation found no significant harm, unlike refused prior scheme.
Environment Policy 42 - character and need to adhere to local distinctiveness
New development in settlements to reflect local character/landscape; design/positioning appropriate despite no prominent local style, materials reflect older buildings, bank/trees retained.
Strategic Policy 2 - Priority for new development to identified towns and villages
Locate new development in towns/villages; Kirk Michael as Service Village (Spatial Policy 3), site sustainably located near services/school.
General Policy 2
Requires good amenity, highway safety, tree protection etc.; all criteria met via design, separations, consultee advice, conditions.
Transport Policy 7
Parking per standards (2 spaces/dwelling + manoeuvring); provided per plans, conditioned prior to occupation.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Visibility splays
Prior to the occupation of the development the visibility splays shall be constructed as indicated on the approved plans and shall remain as approved for the duration of occupation of the development.
Driveway surfacing
Prior to the occupation of the development the driveway shall be surfaced in bound and stable material over a minimum distance of 12 metres back from the highway boundary (back of footway).
Access/parking/turning
Prior to the occupation of the development the access, car parking and turning around spaces shall be constructed as indicated on the approved plans and shall remain as approved for the duration of occupation of the development.
Gates setback
Any gates should be set back at least 6 metres from the back of the footway and should not open towards the highway.
Retained trees protection (5 years)
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.
Tree protective measures
Prior to the commencement of the development hereby approved, the protective measures detailed in the Tree Protection Plan (drawing TP-11719v3) and Arboricultural Method Statement, prepared by Manx Roots and submitted in support of the application, shall be fully installed and/or implemented and retained for the duration of the construction process.
Replacement tree planting
Replacement tree planting shall be carried out in accordance with the Mitigation Planting Plan (prepared by Manx Roots), 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 soon as is reasonably practicable or in the next planting season with others of a similar size, species and number as originally approved, unless the Department gives written consent to any variation.
Landscaping scheme approval
Notwithstanding Condition 8, no development shall be commenced until a hard and soft landscaping scheme has been submitted to and approved in writing by the Department. Such a scheme shall include details of all walls, fences, gates, any additional planting (beyond that set out in the details referenced in Condition 8) and any other boundary treatments.
Landscaping implementation
The hard landscaping approved under Condition 9 shall be carried out prior to the occupation of the development. The soft landscaping approved under Condition 9 shall be carried out in the first planting season following the completion of the development. Any plants 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 soon as is reasonably practicable or in the next planting season with others of a similar size, species and number as originally approved, unless the Department gives written consent to any variation.
Hard surfacing approval
Unless required by Conditions 3 or 4, no part of the site may be hard surfaced unless in accordance with details which have been first approved in writing by the Department.
Balustrade
A 1500mm opaque glass balustrade shall be installed on the edge of the balcony of plot 1 closest to Cass A Lhergy and retained as such thereafter.
Permitted development removal
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), the following works may not be undertaken unless expressly authorised by this approval (including the conditions): Greenhouses and polytunnels (Schedule 1, Class 13); Extensions (Schedule 1, Class 14); Garden sheds and summer houses (Schedule 1, Class 15); Fences, walls and gates (Schedule 1, Class 16) and/or Decking (Schedule 1, Class 21).
Acceptable subject to conditions on visibility splays, driveway surfacing, access/parking/turning, gates setback 6m inwards; requires S109A Highway Agreement
Initial concerns addressed; recommends tree protection conditions; notes trees suitable for TPO registration
No objection to amended plans subject to zoning (interpreted as conditional no objection)
DEFA Forestry initially raised concerns about tree protection and replanting but later confirmed they were addressed and recommended specific conditions for tree protection and replacement planting.
Key concern: initial concerns about tree protection, root protection areas, and inadequate replanting from DEFA Arboricultural Officer
DEFA Forestry
Conditional No ObjectionFollowing the recent submission of amended plans and an updated arboricultural report I can confirm that the concerns raised below have been addressed.; If this planning application is approved I recommend you consider applying the following conditions
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-11719v3) and Arboricultural Method Statement, prepared by Manx Roots and submitted in support of the application, shall be fully installed and/or implemented and retained for the duration of the construction process.; Replacement tree planting shall be carried out in accordance with the Mitigation Planting Plan (prepared by Manx Roots), 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 a similar size, species and number as originally approved, unless the Department gives written consent to any variation.
DEFA Arboricultural Officer
ObjectionIn summary: - The design conflicts with the constraints imposed by the retained trees - There is not enough information to explain how the parking area could be implemented without having a detrimental impact on the retained trees. - The tree protection plan is not specific enough to this proposal. - The replanting proposal is lacking in detail and is unlikely to be sufficient to mitigate the loss a mature sycamore which is prominent when viewed from the road.
Highway Services Division
No CommentHighway Services request that the application is deferred to allow the applicant to consider the above.; Recommendation: DEFER
Highway Services Division
Conditional No ObjectionThe current proposals are now acceptable subject to suggested planning conditions.; Recommendation: DNOC
Conditions requested: Prior to occupation of the development the visibility splays shall be constructed as indicated on the approved plans and shall remain as approved for the duration of occupation of the development.; Prior to occupation of the development the driveway shall be surfaced in bound and stable material over a minimum distance of 12.0m back from the highway boundary (back of footway).; Prior to occupation of the development the access, car parking and turning around spaces shall be constructed as indicated on the approved plans and shall remain as approved for the duration of occupation of the development.; Any gates should be set back at least 6.0m from the back of footway and should not open towards the highway.
Highway Services Division
Conditional No ObjectionThe proposed access crossing of the footway would be in the form of a dropped kerb which would be acceptable; The driveway would have a 1:12.5 slope towards the highway but with a drainage channel at the back of footway which would be also acceptable
Michael Commissioners
Conditional No ObjectionThe Commissioners have No Objection to this Planning Application as long as the land is zoned for planning and not agricultural land.
Michael Commissioners
No ObjectionNO OBJECTION
Michael Commissioners
No CommentMy Commissioners request deferment of the below application until after their meeting on Wednesday 13th June 2018
