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The application site represents the curtilage of Hannah’s Yard, Main Road, Kirk Michael.
This application seeks approval for the erection of a replacement roadside boundary wall. The application includes a felling licence from the Department of Agriculture Fisheries and Forestry authorising the removal of two mature Sycamore trees located on the inside of the wall. The proposed wall would be of block construction which would be rendered to match the dwelling. Having met with the applicants and discussed the proposed development in relation to the Conservation Area context, it has been agreed that the road side elevation of the replacement wall should be finished in Manx stone. A drawing has been submitted to show this.
The application site is located within an area identified as being Predominantly Residential use by the Kirk Michael Local Plan. The site is also within the Kirk Michael Conservation Area. Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the assessment and determination of this application:
Environmental Policy 35, which states:
"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."
Whilst there have been previous planning applications relating to this site, none are considered relevant in the assessment and determination of this application.
The Department of Transport Highways Division does not object to this application.
Michael Commissioners originally objected to this application as they had concerns that the proposed replacement wall would be detrimental to the Conservation Area. They considered that a stone wall would be more acceptable. The applicant's decision to now finish the road side elevation in Manx stone has been acknowledged by the Commissioners and accordingly their objection has been withdrawn.
We have received no privately written representations in relation to this planning application.
The site is within a Conservation Area and accordingly special care must be taken to ensure that developments are sympathetic and act to preserve or enhance the character of the area.
The loss of the mature trees is regrettable as they are a key feature contributing to the amenity of the area and the variety of the streetsce. It would be possible to replace the wall whilst accommodating the trees into the scheme and this would have been a much more sympathetic solution. This matter has been raised with the applicant however he wished to remove the trees. A felling licence has been issued by the Department of Agriculture Fisheries and Forestry and as such the trees may be removed legally without any requirement for planning approval.
The wall is certainly in an undermined state showing cracks and a slight lean towards the pavement. It is considered that the principle of replacing the wall is acceptable. However the views of Michael Commissioners are considered to be relevant and it is judged that the replacement wall should be of stone construction or at least the road side wall should be finished in Manx stone in order to preserve the character of the Conservation Area.
It is recommended that the application be approved.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
Michael Commissioners The Department of Transport Highways Division
Recommended Decision: Permitted Date of Recommendation: 17.09.2008
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to the erection of a replacement boundary wall, Hannah's Yard, Main Road, Michael as shown by the plans and information Location Plan, Photos and Tree Licence submitted and date stamped 11th July 2008 and Site Plan and Elevations submitted and date stamped 13th November 2008.
C 3. The road side elevation of the replacement wall shall be finished in Manx stone which must be of a traditional nature to preserve the character of the Kirk Michael Conservation Area.
NOTE: Split stone on a backing render is not acceptable as finish.
I confirm that this decision accords with Government Circular No 44/05 (Delegation of Functions to Director of Planning and Building Control), GC 45/05 for Advertisements and GC 46/05 for Registered Buildings.
Decision Made : Permitted Date : 25/11/08
Signed : [Handwritten signature] M. I. McCauley Director of Planning and Building Control
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