19 February 2024 · Planning Committee
Land In Front Of Bay View Hotel, High Street, Port St Mary, Isle Of Man, IM9 5dy
The proposal involves building a three-storey house (9.65m ridge height from Shore Road) with integral double garage, gym, bedrooms, living spaces, roof terrace, and associated visitor parking across Shore Road on previously implemented land from an extant permission.
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The officer assessed the proposal against General Policy 2 (GP2) of the Isle of Man Strategic Plan 2016, finding it acceptable in a mixed-use zone with presumption in favour of residential development…
General Policy 2
Requires development in zoning to respect siting/layout/scale/form/design/landscaping, not harm character/amenities/highways/flooding/biodiversity/views/topography. Officer found compliant: mixed-use presumption; scale ok vs extant 2-dwellings; design follows nearby approvals; conditions secure materials/privacy/parking/landscaping/CEMP/biodiversity/tree protection/drainage; no sea view harm; flood risk applicant-only.
Transport Policy 7
Parking standards (2 spaces/dwelling). Met by garage (2 spaces) + 3 visitor across road (extant); highways DNOC.
Environment Policy 4
Protect/enhance biodiversity, esp adjacent designations. Conditions secure nest/bat/bee bricks per Biodiversity Officer; CEMP protects MNR 15m east.
Environment Policy 5
Wildlife protection. Bricks/CEMP address bird/bat/invert loss; no protected species survey needed.
Environment Policy 10 - Development and flood risk
Flood risk assessment. FRA provided; FMD initially opposed but later DNOC; officer accepted lower freeboard (300mm vs 600mm rec) as risk internal/applicant-accepted, per prior Inspector.
Environment Policy 13 - Development and flood risk
No unacceptable flood risk on/off-site. No off-site risk; on-site to ground floor acceptable.
Environment Policy 28
Ground instability only if precautions taken. Building regs/structural engineer handle; prior Inspector confirmed regs suffice.
Environment Policy 42 - character and need to adhere to local distinctiveness
Respect local character; no removal of identified green space. Not POS; mixes styles; enhances vs extant.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Materials approval
No work shall be carried out on in relation to the construction of any of the external surfaces of the dwelling hereby permitted unless details of the materials, colour and finish (including the provision of samples of brick, stone and slate; and, water resistant membranes) to be used for all external walls and roofs have been first submitted to and approved in writing by the Local Planning Authority. The development hereby permitted shall thereafter be constructed in accordance with the approved details.
Parking provision
The vehicle parking spaces shown provided for the development, hereby permitted, both within and outside the garage as shown on Drawing No. 1512 001.01 Revision X - Site Plan - as proposed; and, Drawing No. 1512 001.02 Revision X - Proposed Floor Plans, Elevations and Sections - stamped received and dated 7 November, 2023, shall be provided prior to the first occupation of the dwelling and shall thereafter be retained and made available for vehicle parking at all times.
Privacy glazing
The windows to be inserted in the north elevation of the development, hereby permitted, serving the first floor bedroom and bathroom; second floor living room (2 windows); shall be glazed with obscure glazing at no less than Level 5 (greatest obscuration) on the Pilkington Scale of obscurity, with all windows being fixed and non-opening. Thereafter, these windows shall be retained as fixed non-opening units with obscure glazing at Level 5 for the lifetime of the development.
Landscaping scheme
Prior to the commencement of the development hereby approved, details of a landscape shall be submitted to and approved in writing by the Department. All planting, seeding, and earth works comprised in the approved details of landscaping shall be carried out in the first planting and season (November - March) following the substantial completion of the development whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. Thereafter, all soft and hard landscape works shall be permanently retained in accordance with the approved details.
Construction Environment Management Plan
The development, hereby approved, shall not be commenced until details of a 'Construction Environment Management Plan' (CEMP), which details on-site management measures that would protect the Baie Ny Carrickey Marine Nature Reserve (MNR), which is located only 15m to the east of the development site, during all phases of the development, where all environmental legislation and policy is adhered to, and will need to include at least the following measures to be put in place to prevent damage and disturbance to the MNR. Such measures must include: o The provision of spill kits, o The provision of secure storage areas away from the MNR, o The use of biodegradable oils; o The use of oil and silt interceptors; o Detailed measures outlining good waste management and litter prevention on and around the site; All works carried out during the construction period shall be undertaken strictly in accordance with the details outlined in the approved CEMP.
Biodiversity bricks
Prior to the commencement of the development, hereby permitted, updated elevations shall be submitted showing the positions of: o 4 integrated universal nest bricks - which must not be located directly above windows; o 2 integrated bat boxes on the south elevation which must not be located close to the ground or above opening windows; o An integrated bee brick on the south elevation; Such details as approved, shall subsequently be installed prior to the first occupation of the dwelling; and shall thereafter be retained and maintained for the life time of the development.
Tree protection
Prior to the commencement of development on site, including any works required for excavation, protective 'Heras' fencing shall be erected around the mature elm tree on site to be retained where it abuts the areas of development. The protective fencing should be installed to form a construction exclusion zone in accordance with BS5827:2012. Such fencing shall be retained in the positions shown throughout the construction period for the development, hereby permitted. At no time before, during or after the construction period, when the fencing has been removed, shall any construction materials, machinery, liquids or fuel be stored within any of the 'Construction Exclusion Zones' shown and annotated as such on the Tree Protection Plan.
Drainage details
Details of foul and surface water drainage provision to serve the development, hereby approved, shall be submitted to and approved in writing by DEFA Planning. Such approved drainage scheme shall be installed prior to the development hereby permitted being first occupied and shall thereafter be retained and maintained at all times.
No extensions/alterations
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) no extension, enlargement or other alteration of the dwelling, including the installation or replacement of any windows or doors, hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.
No additional buildings/enclosures
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), no garages or other free standing buildings shall be erected or enclosure, swimming or other pool, container for domestic heating purposes for storage of oil of liquid petroleum gas, or the erection of a gate, fence, wall or other means of enclosure, within the curtilage of the dwelling hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.
EV charging
Prior to the first use of the garage as part of the dwelling, hereby approved, provision for the charging of electric vehicles shall be made within the structure of the garage, and shall thereafter be maintained for the lifetime of the development.
DNOC subject to conditions/garage retention/S109A; adequate parking/visibility/no safety issues
Do not oppose subject to condition (ground floor 600mm above flood level)
Content with mitigation details subject to condition adjustments for brick positions/CEMP
Multiple statutory consultees raised concerns about tree retention, biodiversity loss requiring mitigation, and streetscape impacts, but most issued no objection or conditional no objection; Highways and Flood Risk Management Division had no objections.
Key concern: elm tree retention unlikely due to excavation risks
Port St Mary Commissioners
Objectionperceived effect on streetscape; situated within a conservation zone; winged roof out of keeping with surrounding pitched roofs; overly large windows out of keeping; development would not accord with Environment Policy 13 due to flooding risk
Flood Risk Management Division
No ObjectionHighway Services
Conditional No ObjectionThe application is acceptable in terms of highways... Recommendation: DNOC
Conditions requested: garage should be retained for its stated purpose; electric vehicle charging point should be considered; new access to be formed via Section 109(A) Highway Agreement to accord with drawings No. 1522 001.01 and 1512 001.02; use of the layby
Forestry, Amenity & Lands Directorate
Conditional No Objectionsuccessfully retaining this tree is not a realistic prospect; root protection area (BS5837:2012)
Conditions requested: phased crown reduction with on-going maintenance to control size; reduce building footprint, submit amended plans, arboricultural impact assessment and tree protection plan
DEFA Biodiversity Ecosystem Policy Officer
Conditional No Objectionno net loss for semi-natural Manx habitats and species; The Ecosystem Policy team do not object to the development
Conditions requested: details and drawings of proportionate ecological mitigation/compensation prior to determination or by condition; Swift nest bricks high up underneath eaves of eastern/northern elevation (more than 1); House sparrow nest bricks on eastern or northern elevation 2-3m above ground (more than 1); Bat bricks high up on southern elevation away from artificial light; Bee bricks on southern elevation at least 1.5m above ground
Environment Directorate
No Objectionraise no objection to the development per se
DEFA Biodiversity Ecosystem Policy Officer
Conditional No ObjectionWe would be content for these details to be provided prior to determination
Conditions requested: 4 integrated universal nest bricks not above windows or under fascia on north; 2 integrated bat boxes on south elevation not low to ground; 1 integrated bee brick on southerly elevation; details by condition or prior to determination
