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Call for covenant consultation

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A covenant protecting an area in Port St Mary from over development should not be ‘waived for a fee’ by the local authority without prior consultation with affected parties.

That’s the view of resident Jason Roberts, who made his comments in response to a plan (15/01077/B by Andrew and Colette Gerrard) to demolish a current dormer bungalow in Clifton Road and replace it with a two-storey flat-roofed structure.

Several residents voiced their objection, which include over-massing in proportion to other dwellings in the area.

There were also comments about loss of light, that a flat roof would look out of context and, in one case, the impact on solar heating panels.

There were also concerns that some details – such as the creation of more than one access – suggested the plan was for three dwellings, not one.

Most buildings in the vicinity are single storey, except for Gull Cottage which is adjacent to the proposed plan.

Mr Roberts, who is clerk to Port Erin commissioners and was previously the clerk in Port St Mary, pointed out: ‘[Gull Cottage] should not be considered as a precedent. As I understand, this dwelling, Gull Cottage breached the commissioners’ covenant which was an oversight by the developer and PSMC [Port St Mary commissioners] some time ago [before Mr Roberts was clerk]. This was only picked up after the building had been constructed and PSMC accepted a fee rather than demand the building be demolished.

‘I note from the PSM commissioners’ minutes from October 14 that this covenant could simply be waived for a fee. I would strongly object to this being a fair statement and certainly not in the best interests of Port St Mary residents.

‘Any Port St Mary residents and rate payers who may be affected by a change to a covenant should certainly be consulted in a fair and open manner.’

Mr Roberts, whose house on Kallow Point Road backs on to the proposed development, added that, if this plan was permitted: ‘It could then open the door to completely change the row of houses along Clifton Road and, if then used as a future precedent, cause significant light issues for all properties along Kallow Point Road.’

The local authority discussed the plan at its meeting on October 14.

The minutes from the meeting said they considered ‘the potential over-massing with six bathrooms and one kitchen and one utility room. They also noted the potential for future sub-division.’

The authority requested ‘an adequate site plan showing the relationship with neighbouring properties’.

They also indicated that they would waive their right to a covenant for a fee.


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