12 May 2020 · Committee
High Tilt, Douglas Road, Kirk Michael, Isle Of Man, IM6 1as
Permission was granted for the erection of a mobile kiosk for the sale of farm produce at High Tilt, Douglas Road, Kirk Michael. The application was decided by committee and approved on 12 May 2020. The smaller of the two sites involved lies within the Kirk Michael Conservation Area. During the course of the application, the plans were amended following concerns raised by the occupier of the neighbouring property, Westlands. The kiosk was repositioned to the other side of the space, closer to an existing lane, and planting was proposed to reinforce the boundary and reduce intervisibility between the two properties. Approval was granted subject to four conditions.
The Department of Environment, Food and Agriculture approved the application on 12 May 2020. The proposal was amended during the process to address concerns raised by a neighbouring occupier, with the kiosk repositioned closer to an existing lane and additional planting introduced to reduce intervisibility with the neighbouring property.
Retailing from farms, market gardens and nurseries
accord with General Policy 2, Environment Policies 18 and 35 and Planning Policy Statement 1/01
Environment Policy 18: Retailing from farms, market gardens and nurseries (excepting ancillary sales of produce grown thereon) will be subject to the Department's general retail policies. 7.15 Equestrian Pursuits 7.15.1 Equestrian activities are becoming increasingly popular in rural areas and on the fringes of our towns and villages. These activities can generally take place only on open, rural land, and often represent a useful way of diversifying traditional farming. The use of land as grazing land falls within t he definition of agriculture (section 45 of the 1999 Town and Country Planning Act), and does not therefore involve development, but the keeping of horses and the operation of equestrian activities generally do involve development and may have an adverse impact on the appearance and character of the countryside. Sensitive siting and high standards of design, construction, and maintenance are necessary to ensure that there are no such adverse impacts. Whilst horses should be well housed, it will seldom be appropriate to use cavity-wall construction for stables, since such buildings may too easily be adapted for residential uses, so thwarting other policies of this Plan. Where new buildings are necessary, they should be sited close to existing building grou ps, and designed not only to blend with their surroundings but also to suit their specific purpose.
Planning Policy Statement 1/01 - Policy CA/2 (Conservation Areas)
Policy CA/2 of Planning Policy Statement 1/01
POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.
Condition 1
All planting, seeding or turfing shown in drawing 860/27C including the planting of Aucuba japonica crotonifolia as the hedging vegetation, comprised in the approved details of landscaping must be carried out, at the latest, in the first planting and seeding season following the first installation of the kiosk, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Condition 2
The kiosk and the use of both sites for the sale of produce subject to condition 3 below, may continue until May 31st, 2022 whereupon the kiosk must be removed from the sites and the sites no longer used for the purposes of any retail. Reason: to clarify the extent of the approval in line with the application as submitted.
Condition 3
The kiosk to be positioned to the rear of the Mitre Hotel may be in place only during practice and race weeks associated with the TT and the Festival of Motorcycling. Reason: to clarify the extent of the approval in line with the application submitted.
Condition 4
Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 or Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019 or any order amending, revoking or re-enacting these Orders, the site defined in red on plan 860.27B hereby approved shall be used only for the sale of goods produced on the farm or from animals kept on the farm and shall not be used for any other purpose within Use Class 1.1 of the Order without the express grant of planning approval from the Department. Reason: to enable the Department to consider the implications of any subsequent change of use on the amenities of the area.
