Officer Report
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No.: 25/10003/AIR Applicant: Douglas City Council Proposal: Information in relation to conditions 2 and 3 of PA 22/00312/B providing details for the Arboricultural Method Statement and the Arboricultural Monitoring Schedule. Site Address: East Of 3 James Street James Street Douglas Isle Of Man IM1 2DB Planning Assistant: Charlotte Gatt Recommended Decision: Permitted Date of Recommendation: 24.03.2025
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
NOTE. In the instance of the submitted details and after consultation with the Case Officer, who is happy with the level of detail, it is deemed sufficient to achieve the desired outcome and would be considered satisfactory for the planning conditions 2 and 3 of planning application 22/00312/B, on the understanding that the development shall not be carried out unless in accordance with the approved details.
Plans/Drawings/Information;
This decision hereby approved relates to documents submitted to the Department titled: Application Form
- APPENDIX A - E&R.21.071.1002 EXISITING SITE PLAN
- APPENDIX A - E&R.21.071.1003 PROPOSED SITE PLAN
- APPENDIX B - SCHEDULE OF TREES
- APPENDIX C - ADDAGRIP RESIN BOUND PERMEABLE SURFACE SPECIFICATION
- APPENDIX D - SITE SPECIFIC RECORD SHEET
- APPENDIX E - PROJECT CONTACT DETAILS JAMES STREET REGENERATION WORKS - ARBORICULTURAL METHOD STATEMENT all recorded as being electronically received on 08.01.2025 __________________________________________________________________________
Officer’s Report
1.0 DESCRIPTION - 1.1 The proposed application 22/00312/B was approved on 10.06.2024 for the replacement of existing grassed areas with resin and integrated lights and the installation of a timber
- framed bin store, subject to 6 conditions some of which required submission of additional information prior to the commencement of works.
- 1.2 This report is specific to Conditions 2 & 3 which the applicants are seeking to satisfy.
- 1.3 Specific wording of the conditions are as follows:
'C.2 - 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.'
'C3. 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 interesting of protecting and enhancing the appearance and character of the site and locality.
2.0 PROPOSAL - 2.1 The applicants have submitted details providing information for works to be implemented along with a duly completed application form received on 08.01.2025 - 2.2 Included in the documents that have been submitted are, Appendix A (Location Plan/Existing Site Plan), Appendix B (Schedule of Trees), Appendix C (Addagrip Resin Bound Permeable Surface Specification), Appedix D (Site specific record sheet) and Appendix E (Project Contact Details).
2.3 Also included is a full Arboricultural Method Statement which details (in part):
- 2.3.1 Tree Survey - An arboricultural survey to BS5837 of all trees within impacting distance of the site was undertaken by Karl Blower of Douglas City Council on 27th June 2024. A total of 2No individual trees were surveyed. Details for each of the trees surveyed are provided in the Schedule of Trees.
- 2.3.2 Arboricultural Impact Assessment - A number of issues may need to be addressed in an arboricultural impact assessment between the trees and the proposed development, these are as follows:
- o The effect and extent of the proposed development within the root protection areas (RPAs) of retained trees;
- o The potential conflicts of the proposed development with canopies of retained trees; and
- o The likelihood of any future remedial works to retained trees beyond which would have been scheduled as a part of usual management.
- 2.3.3 Arboricultural Method Statement - No site personnel are to be present and no demolition, site clearance, building work or delivery of materials is to occur until the protective measures are in accordance with this method statement. Protective measures should be in accordance with the method statement will remain unaltered and in situ, unless otherwise specified, for the entire duration of the construction.
- 2.3.4 Protected Species (general informative for tree works) - British fauna enjoys a level of statutory protection. Undertaking tree work can impact upon some species directly. Bats and nesting birds should be considered when undertaking tree works. The below information is not intended to be exhaustive but gives a brief overview of the protection afforded to these two groups of animals.
Manx Bats - The general consensus in Britain and Europe is that virtually all bat species are declining and vulnerable. Our understanding of population status is poor as there is very little historical data for most bat species. Certain species, such as the horseshoe bats, are better understood and have well documented contractions in range and population size. Given the above position all Manx bats as well as their breeding sites and resting places enjoy national and international protection. All bat species in the Isle of Man are fully protected under the Wildlife Act 1990, through inclusion in Schedule 5. This makes it an offence to; intentionally or deliberately kill, injure or capture (take) bats;
- o Deliberately disturb bats (whether in a roost or not);
- o Damage, destroy or obstruct access to bat roosts;
- o Possess or transport a bat or any part of a bat, unless acquired legally;
- o Sell, barter or exchange bats, or parts of bats The legislation although not strictly affording protection to foraging grounds does protect roost sites. Bat roosts are protected at all times of the year whether or not bats are present. Any disturbance of a roost due to development must be licensed.
Breeding birds - All nesting birds are protected under the Wildlife Act 1990, which makes it an offence to intentionally kill, injure or take any wild bird or take, damage or destroy its nest whilst in use or being built, or take or destroy its eggs. Furthermore, a number of birds enjoy further protection under that Act and are listed on Schedule 1 of the Act. These further protected birds are also protected from disturbance and it may be necessary to
- operate "no-go" buffer zones around such nests - typically out to 100m.
- o Mechanical digging or scraping is not permitted within a defined root protection area or within areas cordoned off by protective barrier fencing.
- o No access will be permitted within the protected areas;
- o No materials, equipment or debris will be stored within any of the fenced areas, or against the fencing;
- o Fires are not permitted within 10m of any vegetation.
- o Leaning objects against or attaching of objects to a tree is not permitted.
- o Machinery, plant and vehicles are not permitted to be washed down within 10m of vegetation.
- o Chemicals and materials are not to be transported, stored, used or mixed within a root protection area or within areas cordoned off by protective barrier fencing.
- o Cement silos, mixing site to be situated within a bunded area to prevent pillage/leaking of chemicals harmful to trees. These areas are to be sited well clear of protected trees.
- o Refuelling of plant or machinery is prohibited within 10m of the construction exclusion zones.
- o It is essential that allowance should be made for the slope of the ground so that damaging materials such as concrete washings, mortar or diesel oil cannot run towards trees.
- o Where machinery is to be used within 5m of retained tree canopies a banks man will be required at all times whilst setting up, moving or operating within this distance of retained trees canopies.
- o Storage of all caustic material and chemicals are to be situated well clear of protected areas and preferably on lower ground if slopes are present, or to be situated within a bonded area to prevent any spills or leaks entering the ground.
- 2.3.6 Sequencing of works -
- Stage 1 - Pre-commencement site meeting
- Stage 2 - Installation of protective measures in accordance with the approved tree protection plan
- Stage 3 - Site set up
- Stage 4 - Undertake and complete construction works
- Stage 5 - Undertake external landscaping works outside of the construction exclusion zones
- Stage 6 - Removal of all machinery and materials from site
- Stage 7 - Dismantle and removal of protective measures
- Stage 8 - Undertake external landscaping works within the construction exclusion zones
- Stage 9 - Sign off from Arboricultural Clerk of Works
- 2.3.7 Protective Measures - Protective measures are to be installed immediately following the completion of the tree removal works and prior to the commencement of any works or the introduction of any machinery or material to site.
Upon installation of the protective measures around the retained tree the Arboricultural Clerk of Works will visit the site to inspect and document the position and specifications of the protective measures.
In the event that the protective measures and their positions do not comply with this arboricultural method statement document, the Arboricultural Clerk of Works shall inform the client and contractor so adjustments can be made.
The Arboricultural Clerk of Works will sign off the protective measures in writing to the client and will send a copy to the contractor, site agent and Department's Tree Safety Officer.
If the protective measures become damaged or there is any accident or emergencies involving trees, these areas are to be cordoned off immediately with high visibility plastic mesh fencing. The site manager is to photograph and document the damage and inform the Arboricultural Clerk of Works immediately after the incident and all work within in this area is to cease until the Arboricultural Clerk of Works has made a visit to the site. Any and all damaged sections of protective measures shall be replaced within 48 hours of the initial incident.
- 2.3.8 Construction - The extent of the construction works within the RPA, to be carried out under with arboricultural supervision Sod removal
- o Strip of sod with turf cutter approx 40mm depth
- o Level over site in preparation for resin
- o Arisings to be removed of site Tree stump removal
- o Identified dying tree to be felled and removed off site
- o Tree stump to be grubbed out and removed with excavator
- o Tree stump removed off site Tree Planting
- o Excavate for tree planting pit
- o Installation of Sorbus tree
- o Incorporate compost into the tree planting pit
- o Install double stack and cross bar support with tree tie and mounting rubber Tree Premier Edging
- o Installation of a 600mm diameter Ever Edge circular metal edging trim to base of tree
- o Resin to finish up to metal edging flush with top
- o Edging galvanised finished in brown plastic coat Resin
- o Installation of Addagrip rustic no dig system per PDF
- o Installation of geofabric o Installation of terrabase addagrid
- o Laying of resin
- o Resin finished flush with surrounding kerbs
- o Resin finish may be crowned in the centre and around trees to best fit around tree root system Addagrip resin bound permeable surface specification can be found in Appendix C.
- 2.3.9 Services - Existing services within the site should be retained where ever possible. Where existing services within RPAs require upgrading, the upmost care must be taken to minimise disturbance, and only where necessary should open excavations be considered.
Where new services are to be introduced into the site they should be located outside of RPAs, where they will not interfere with tree roots. If any excavations are required within the RPAs all trenches are to be excavated by hand and radially to the tree trunks under direct on-site arboricultural supervision and are to be carried out under Douglas City Council guidelines.
Final positions of any proposed services should be verified and approved by the Arboricultural Clerk of Works before implementation.
- 2.3.10 Landscaping - Landscaping around retained trees may only be carried out once all tree protection measures have been removed (planting, turfing, fencing etc.).
All excavations within the Root Protection Areas shall be undertaken by hand and without reducing current ground levels unless it is agreed in writing with the Arboricultural Clerk of Works. At no time is the use of a rotavator permitted within the RPAs of retained tree.
Any tree roots discovered will be left in-situ and shall not be cut or otherwise damaged. Where possible, the soil structure within the Root Protection area shall be preserved.
- 2.3.11 Monitoring and Supervision - Prior to the commencement of any works or machinery and materials arriving on site a precommencement site meeting involving the Arboricultural Clerk of Works, land owner or agent, site manager, contractors and engineer (as appropriate) will be held to ensure that all aspects of the arboricultural method statement and tree protection are understood and for all parties to swap contact details (see Appendix E).
The initial monitoring visit will be to check that the tree protective measures are in the correct location and as specified within the approved method statement; if so to sign off their installation.
A record of all arboricultural monitoring and supervision visits will be kept, and any faults will be logged, this will then be copied to the site agent, developer and local planning authority in a digital format.
- Once all construction works have been completed all materials and machinery has been removed from site the project arborist shall be informed and will invite the Department's Tree Safety Officer to meet on site to discuss the process and discuss any final remedial works that may be required and to sign the development off so that the protective measures may be removed.
3.0 CONSULTATION - 3.1 The Forestry Team were consulted for advice on the satisfaction of condition. The advice received on 27.02.2025, after their review of the submitted documents, concludes that they are pleased that the information satisfies the relevant clauses of both conditions 2 and 3.
4.0 RECOMMENDATION - 4.1 In the instance of the submitted details and after consultation with the case officer, who is happy with the level of detail, it is deemed sufficient to achieve the desired outcome and would be considered satisfactory for the planning conditions 2 and 3 of planning application 22/00312/B, under the understanding that the development shall not be carried out unless in accordance with the approved details.
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
Decision Made : Permitted Date : 27.03.2025 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
