11 April 2023 · Planning Committee
Land Northeast Of Garage, Main Road, Kirk Michael, Isle Of Man, IM6 2hd
The proposal involves relocating an existing bus shelter 15m north, creating a bus layby, rebuilding a sod bank, removing the old farm entrance and installing a new one with hardstanding 71m away, and adding stockproof fencing on a field opposite a garage.
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The site is in an area 'not for development' per Kirk Michael Local Plan 1994, but the proposal was approved as the overriding need for a safe, accessible bus layby outweighed policy conflicts, improv…
General Policy 2
Sets general development standards. The officer concluded the proposal complies with GP2 and Residential Design Guidance 2021, as stated in the recommendation and decision notice, with visual impacts outweighed by safety benefits.
General Policy 3
Sets criteria for development in areas not zoned for development. Bus layby does not initially fit exceptions but approved due to public need; field entrance fits part (f) for essential agricultural operations.
Strategic Policy 10
Seeks new development to promote integrated transport network. Relevant to bus layby improvements for pedestrian and vehicle safety.
Environment Policy 1
Protects countryside for its own sake. Environmental benefits of safer transport justified impacts.
Transport Policy 4
New development should accommodate vehicle and pedestrian journeys. Proposal enhances bus user and highway safety.
Kirk Michael Local Plan Policy 12.4
No release of open space for development except proposed areas. Site in 'not for development' zone and open space, but justified by need.
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.
Landscaping scheme
All planting, seeding or turfing comprised in the approved details of landscaping on drawing P003 Rev A must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the development, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. The hard landscaping works (i.e. footpaths etc.) shall be completed in full accordance with the approved details prior to the first operation/occupation of the development thereby permitted. Reason: To ensure the provision of an appropriate landscape setting to the development.
The proposal will see the improvement of existing bus facilities rather than creating a new stopping location and do not object to the field access.
raised no objections.
happy with the revised drawing (P003A) and request a landscaping condition.
if the planting is conditioned as per Drawing No. P003, they have no concerns.
do not have concerns arising from the removal of the existing entrance/bus shelter and the replacement.
Multiple consultees including DOI Highways, DOI Flood Management, Michael District Commissioners, DEFA Forestry, and DEFA Biodiversity provided responses, generally raising no objections subject to conditions related to drainage, ecology, tree planting, and highway agreements.
Key concern: Surface water flooding and ponding behind new bank
DOI Highways
Conditional No ObjectionThe proposal raises no significant road safety or highway network efficiency issues. Accordingly, Highway Services Development Control raises no objection to the proposal subject to all access arrangements to accord to drawing No.P003.; Highways Development Control notes the amendments uploaded on 31 January 2023 and other than to update alter the drawing number to P003 rev A, it has no additional comments to make.
Conditions requested: All access arrangements to accord to drawing No. P003; Section 109(A) Highway Agreement required post planning consent
DOI Flood Management Division
No CommentHighways have come back to me with initial comments concerning the surface water flooding on the road in the location of the proposed layby on the 1 in 100-year surface water maps.; This should reduce the flooding onto the road but may increase build up behind the new bank. Highways will look into this and the provision of gullies in the area and get back to me shortly.
Michael District Commissioners
No ObjectionThe Commissioners for Michael District have no objection to this Planning application.; Hi Jason, the Commissioners have no objections so long as there have been no changes to the original plans.
Conditions requested: No objections so long as there have been no changes to the original plans
DEFA Forestry
Conditional No ObjectionIf the planting plan included on this plan is made a condition of approval, I would not have an objection to this proposal due to the low quality of the trees to be removed (all cat C) and the significance of the mitigation planting.; It is worth noting that the initial visual impact of tree removal will be fairly significant, however mitigation is well thought-out and will be highly beneficial at maturity.
Conditions requested: Planting plan included on ‘P003 Partial Bus Layby General Arrangement’ to be made a condition of approval
DEFA Ecosystems Policy
Conditional No ObjectionNo work to commence (including clearance works) until a Precautionary Working Method Statement for viviparous lizards and breeding birds... has been submitted to Planning and received written approval.; Though we have no issue with the planting of these species, we request that a condition is secured for a number of hawthorns to be included in the replanting.
Conditions requested: Precautionary Working Method Statement for viviparous lizards and breeding birds by qualified ecological consultancy prior to works; Number of hawthorns included in replanting
DEFA Biodiversity
Conditional No ObjectionWe are content with the planting details contained in the Revised Proposed Plans and General Arrangements (drawing No. P0003A) and request that this planting is secured via a condition on approval.; As per our previous response we still request that a condition is secured for a Precautionary Working Method Statement for viviparous lizards and breeding birds.
Conditions requested: Planting details in Revised Proposed Plans and General Arrangements (drawing No. P0003A) secured via condition; Precautionary Working Method Statement for viviparous lizards and breeding birds prior to works
