22 September 2022 · Delegated - Principal Planner (Jason Singleton)
East Of 3 James Street, James Street, Douglas, Isle Of Man, IM1 2db
The site is a small public nook behind The British Public House and Market Hall at the end of James Street in Douglas, featuring two mature trees in a grassed area with scattered wheelie bins and footpaths linking to snicket routes towards the quay.
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The officer noted the proposal introduces a dedicated bin store that tidies the area strewn with wheelie bins, providing a positive visual improvement and community benefit by reducing clutter.
General Policy 2
Requires general standards for acceptable development considering visual and amenity impacts and highway safety. The officer assessed the proposal as compliant, noting the bin store improves visual impact despite landscaping loss, with no physical highway changes but support for pedestrian safety and reducing anti-social behaviour.
Transport Policy 5
Addresses wider needs of pedestrian traffic and highway network improvements. Considered in context of creating a safe, navigable environment promoting good social behaviours and reducing criminal activity; the tidied bin store supports this without altering footpaths.
Transport Policy 6 - Equal weight for vehicles and pedestrians
Similar to TP5, focusing on highway improvements. The proposal aligns by enhancing the thoroughfare's usability as part of snicket routes.
Environment Policy 35
Requires development in Conservation Areas to preserve or enhance character and appearance, per Section 18 of the Act. On fine balance, the officer found the site's contribution 'no worse off' and wider character preserved, as bin store benefits outweigh landscaping loss in this specific location.
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Arboricultural Method Statement
Prior to the commencement of the development hereby approved, an Arboricultural Method Statement shall be submitted to, and approved in writing by, the Department. This must include, but is not limited to, details of; a) The working methods that are to be employed by the appointed contractor within the Root Protection Areas (RPAs) to prevent damage to retained trees. b) Details of the methods of installation of all hard surfacing within the RPAs, including scaled cross sectional drawings where appropriate, and how the appointed contractor will ensure they prevent damage to retained trees. c) Details of the method of installation of the electrical lighting system within the RPAs and how the appointed contractor will ensure they prevent damage to retained trees. The development must be carried out in accordance with the approved details. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department. Reason: To ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period in the interest of the visual appearance and character of the site and locality.
Arboricultural Monitoring Schedule
Prior to the commencement of the development hereby approved, an Arboricultural Monitoring Schedule shall be submitted to, and approved in writing by, the Department. This must include, but is not limited to, details of; a) A suitably qualified Arboricultural Clerk of Works (ACoW) to oversee the project from commencement to completion. b) A schedule containing details of key sensitive times/operations where the ACoW must be present to ensure the retained trees are afforded the maximum level of protection via the agreed working methods. c) How this schedule will be recorded and submitted to the Department. The development must be carried out in accordance with the approved details. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department. Reason: To ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period in the interest of protecting and enhancing the appearance and character of the site and locality.
Specific surface material
The surface material hereby approved to surround the trees must be installed in 'Addastone TP' material in a grey colour as detailed on drawing number E&R.21.071.1003 Issue A and retained as such thereafter. Reason: The application has been assessed on this basis and in the interest of protecting the trees.
no objection (08/04/2022)
do not oppose. Remind the applicant that separate highway licences might be necessary (07/04/2022)
No objection subject to condition (20/04/2022) need to submit a Method Statement and Monitoring Schedule
Tree Safety Officer (DEFA) has no objection subject to detailed arboricultural method statement and monitoring schedule conditions prior to commencement; Highway Services and Douglas Borough Council have no objections.
Key concern: Insufficient arboricultural information including no details of Root Protection Areas, construction methods, or tree protection measures
DEFA Tree Safety Officer
Conditional No ObjectionDo the Agriculture & Lands object to this application? YES ☐ NO ☒; The applicant must submit, in writing, an Arboricultural Method Statement and an Arboricultural Monitoring Schedule for approval prior to commencement; Is this information required prior to a decision being made: YES ☒; I would normally object to this application on the grounds of insufficient information, however... I believe the scheme can be implemented so long as the recommended conditions are met in full prior to commencement
Conditions requested: Prior to commencement, Arboricultural Method Statement to be submitted and approved in writing, including working methods within RPAs, hard surfacing installation details with scaled cross sections, electrical lighting system installation details; Development to be carried out in accordance with approved Arboricultural Method Statement; no alterations without prior written consent; Prior to commencement, Arboricultural Monitoring Schedule to be submitted and approved in writing, including appointment of Arboricultural Clerk of Works (ACoW), schedule of key sensitive operations, recording and submission details; Development to be carried out in accordance with approved Arboricultural Monitoring Schedule; no alterations without prior written consent
Highway Services Division
No ObjectionAfter reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised that highway licences may be necessary for the use of the highway during works.
Highway Services Division
No ObjectionHighways Development Control notes the additions uploaded on 15 September 2022 and has no further comments to make to its response on 7 April 2022.
Douglas Borough Council
No ObjectionDouglas Borough Council has no objections.
