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22/00596/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00596/B Applicant : Highway Services Proposal : Creation of bus layby with associated bus shelter and formation of field access Site Address : Land NorthEast Of Garage And Part Field 230387 Main Road Kirk Michael Isle Of Man IM6 2HD
Planning Officer: Mrs Vanessa Porter Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 27.03.2023 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. 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.
C 2. 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.
This application has been recommended for approval for the following reason. The proposal complies with General Policy 2 of the Isle of Man Strategic Plan 2016 and in turn the Residential Design Guidance 2021.
Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 12th May 2022;
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o Drawing No. P001 o Drawing No. P002 o Drawing No. P004 o Planning Statement of Case. o Kirk Michael Bus Layby Combined Stage 1/2 Road Safety Audit.
This decision also relates to drawing no. P003 Rev A dated received 31st January 2023. __
Interested Person Status - Additional Persons
Department for Infrastructure's Flood Risk Management Team should be afforded interested person status as they are a Government Department which has raised material planning considerations. __
Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR APPROVAL
THE APPLICATION SITE 1.1 The application site is within the curtilage of Field 230387, which is a field situated to the North East of Main Road, opposite the Garage.
1.2 There is an existing bus shelter which is situated within the hedge of Field 230387, opposite the entrance into Glebe Farm, with the entrance into the existing field situated to the most South West of the field, directly next to the roadside.
THE PROPOSAL 2.1 The current planning application seeks approval for alterations to the field which include but are not limited to;
2.2 The information provided within the application states that the reasoning for the works are, "The overriding objective of the project is to improve the safety of bus users and residents in order to provide some measure of compliance with the provisions of the equality act. Giving them adequate infrastructure to safety use public transport will assist with this."
PLANNING HISTORY 3.1 The previous applications are not relevant in the assessment of this application.
PLANNING POLICY 4.1 The site lies within an area zoned as "not for development" on the Kirk Michael Local Plan 1994. The site is not within a Conservation Area but part of the field is within a Flood Risk Zone area.
4.2 There is one policy from the Kirk Michael Local Plan 1994, Written Statement which is relevant in the assessment of this application, Policy 12.4 which states, "With the exception of areas already proposed for development use, no areas of open space should be released for development."
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4.2 Given the nature of the proposal and the land designation the most relevant Strategic Policies are General Policy 3 which sets out the criteria of development within areas not zoned and General Policy 2 which sets out general development standards.
4.3 These two policies are then followed by Strategic Policy 10 which seeks that new development is designed to promote more integrated transport network, Environment Policy 1 which seeks that the countryside is protected for its own sake and Transport Policy 4 which seeks that new development should be designed to accommodate vehicle and pedestrian journeys.
REPRESENTATIONS 5.1 The following representations can be found in full online, below is a short summery;
5.2 Highway Services have considered the proposal and state in part with regards to the bus layby, "The proposal will see the improvement of existing bus facilities rather than creating a new stopping location" and do not have any object to the field access. (08.06.22)
5.3 Michael Commissioners have considered the application and have raised no objections. (09.03.23)
5.4 DEFA Ecosystems have considered the proposal and state they are happy with the revised drawing (drawing no. P0003A) and would like to request that a condition is attached to any approval. (02.03.23)
5.5 DEFA Forestry have written in and stated that if the planting is conditioned as per Drawing No. P003, they have no concerns. (17.08.22)
5.6 DOI Flood Management have written in to state that they do not have concerns arising from the removal of the existing entrance/bus shelter and the replacement of the entrance/bus shelter. (05.12.22)
ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are:
6.2 PRINCIPLE 6.2.1 When looking at sections 4 of this report, we can see that the field in question is situated within an area not zoned for development, having looked at the proposal, it can be separated into two parts firstly the proposed bus layby and secondly the proposed new field entrance.
6.2.2 When looking at the proposed principle of the bus layby, whilst this initially would not fit within the exceptions within General Policy 3, whilst this is the case there have been many applications which have been recommended approval against the Development Plan due to there being a need for the works, in the area that they are proposed.
6.2.3 It is clear from the information provided that the existing bus shelter is not acceptable for today's society with the shelter being hidden behind the existing sod bank and there being a minimal amount of accessibility, such as the pavement and access, as such, whilst the existing bus shelter is usable by some users it is not fit for purpose.
6.2.4 Taking the above into account, the principle of a new fit for purpose bus shelter is deemed acceptable.
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6.2.5 Turning towards the field entrance, which due to its proposed use would fit within part (f) of General Policy 3, "building and engineering operations which are essential for the conduct of agriculture or forestry," as such the overall principle of the proposed field entrance is acceptable.
6.2.6 Whilst it is deemed that the overall principle is deemed acceptable it is necessary to assess whether the proposed works would impact the overall streetscene and whether there would be an impact to Highway Safety, due to the proposed works.
6.3 CHARACTER AND APPEARANCE 6.3.1 When looking at the proposed bus layby and alterations, there is no doubt that it will be noticeable within the overall streetscene, whilst this is the case, the proposal is situated to the end of the recognised Kirk Michael settlement, with there being a slight industrial feel from the Petrol Station opposite the proposal.
6.3.2 When assessing whether the proposal will have an impact whether within the streetscene or due to the proposed works being upon the TT course, and how they might alter this, it is necessary to note that most of the impact of the works will be balanced with the overriding need for a more safe, accessible bus layby, which the majority of users from Kirk Michael can use.
6.3.3 Overall the impact of the proposal is outweighed by the safety mentioned above and the environmental benefits, which align with the current policies in place.
6.3.4 Turning towards the character and appearance of the proposed field entrance, firstly it is noted that the existing field entrance due to its location directly next to "Bem-Te-Vi," which is situated to the South West of the field, fits within the overall streetscene and is very unobtrusive. It is recognised that the proposed moving of the entrance is due to the works given, whilst this is the case, the proposed entrance gate is deemed acceptable for the agricultural use and provides suitable visibility which might not have been awarded within its previous position.
6.3.5 It is noted that whilst the proposal states the gate is to be constructed out of timber, there are no details provided regarding sizing, height or even design, as such a condition should be attached for this information to be received.
6.4 HIGHWAY SAFETY 6.4.1 Turning towards highway safety, due to the majority of the works being done for a user and Highway Safety reasoning, it is necessary to assess whether the proposal is acceptable.
6.4.2 Firstly with regards to the bus layby, Highway Services state that it will be an improvement upon the existing facilities and as such ultimately does not cause any significant road safety issues. Whilst this is the case it is noted that reference is made to the lack of tactile paving which is required due to there being not dropped curb on the eastern end of the site, as such a condition should be attached for tactile paving to be installed.
6.4.3 Secondly with regards to the field access, Highway Services have no issue with regards to this and state that it is adequate for the proposed use and suitable enough for a large vehicle to turn into the area in front of the gate to allow vehicles to pass safety.
6.4.4 Overall from a Highways Services point of view the proposal is deemed acceptable. 6.5 FLOOD RISK 6.5.1 Turning towards the proposal being within a Flood Risk Area, comments were requested from the DOI Flood Risk Management Team, on whether the proposal would create any issues as a Flood Risk Assessment was not received as part of the application.
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6.5.2 The overall assessment of the potential flood risk, was stated that the proposal should reduce any possible flooding onto the road/layby with any potential flood being situated behind the proposed new sod bank, as such it is deemed acceptable in this regard.
CONCLUSION 7.1 Overall, whilst the site is not designated for development, the proposed works are improving the existing bus layby, firstly in terms of assisting more customers to being able to access the public service safely and secondly by creating a safer layby in which vehicles can pass safety.
7.2 The above means that the proposal whilst creating an impact to the overall streetscene is deemed acceptable for safety and environment aspects and recommended for approval with conditions for hawthorns to be planted and for the installation of tactile paving.
INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status __
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Committee Meeting Date: 11.04.2023
Signed : V PORTER Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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