DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00730/B Applicant: Mr Richard Moore Proposal: Replacement of existing conservatory with solid synthetic tiled roof conservatory Site Address: Ballamoar Mullinaragher Road St Marks Ballasalla Isle Of Man IM9 3AQ Planning Officer: Mrs Vanessa Porter Recommended Decision: Permitted Date of Recommendation: 31.07.2023

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.

This application has been recommended for approval for the following reason. Overall, the proposal is considered to accord with Environment Policy 1, Housing Policy 16 and General Policy 2 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 16th June 2023;

• o Drawing No. 0799/PP/13
• o Drawing No. 0799/BR/12
• o Drawing No. 0799/BR/11
• o Drawing No. 0799/BR/03
• o Drawing No. 0799/BR/02

This decision also relates to information provided regarding the conservatory roof finish, dated received 03.07.23.

Interested Person Status

Additional Persons None _____________________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is the residential curtilage of Ballamoar, Mullinaragher Road, St Marks, Ballasalla which is a detached property situated within its own grounds to the East of Mullinaragher Road. - 1.2 The property is accessed via its own drive and has a range of roof styles upon the site, with part of the upper sections of the property having tile hung cladding. - 1.3 The property currently has two conservatories and a conservatory style extension to the dining room. THE PROPOSAL

2.1 The current planning application seeks approval for the removal of the existing conservatory and for the erection of replacement conservatory with a solid tiled roof. The proposed conservatory is to measure 4.504m by 5.850m with an overall height of 3.685m. - 2.2 The proposed roof is to be a synthetic tile system in Carbon Grey to match the existing upon the property. 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 an "not zoned for a particular purpose" on the Area Plan for the South. The site is not within a Conservation Area, Flood Zone, nor an area zoned as High Landscape or Coastal Value and Scenic Significance.

4.2 In terms of the Isle of Man Strategic Plan 2016, paragraph 8.12.2 states, "As there is a general policy against development in the Island's countryside, it is important that where development exists, either in an historic or recently approved form, it should not, when altered or extended detract from the amenities of the countryside." With that in mind the key policy for this application is Housing Policy 16, which states (in full), "The extension of non-traditional dwellings or those of poor or inappropriate form will not generally be permitted where this would increase the impact of the building as viewed by the public." - 4.3 There are a number of other relevant policies within the Isle of Man Strategic Plan 2016, as summarised below.

• - General Policy 2 sets out general 'Development Control' considerations which are arguably relevant even where a proposal is not in accordance with the land-use designation including design (respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them), wider impact (the amenity of local residents or the character of the locality) and parking/access/highway safety.
• - General Policy 3 indicates development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan other than a number of stated exception, which do not include the extension of existing dwellings.
• - Environment Policy 1 seeks to prevent development which would adversely affect the site other than in exceptional circumstances.

4.4 The Department has published the Residential Design Guide (2019) which, although focused on dwellings within settlements, does offer advice in relation to visual impact and the impact on neighbours. - 4.5 It is also relevant to note Planning Circular 3/91 "Guide to the design of residential development in the countryside," which provides advice on residential development within the countryside.

REPRESENTATIONS

5.1 Highway Services have considered the application and state, "No Highways Interest." (03.07.23)

5.2 Malew Parish Commissioners have written in to state they have no objections. (26.07.23) ASSESSMENT - 6.1 The main issues to consider in the assessment of this planning application are:

• - principle of development (GP3, EP1 and HP16);
• - character and appearance (GP2, HP16)
• - neighbouring amenity (GP2)

- 6.2 PRINCIPLE

• 6.2.1 The site is not designated for development, nor does it meet the expectation criteria in GP3. However, HP16 and its supporting text clearly allow for residential extensions in the countryside where they would not detract from the countryside which, in the case of the extension of non-traditional buildings means they must not increase the impact of the building as viewed by the public.
• 6.2.2 Due to the mature hedging and trees surrounding the site, there are no public vantage points, with this in mind and when taking account of the fact that the proposal is for a replacement structure, it is unlikely to impact how the main property is viewed as a whole.
• 6.2.3 Therefore, on balance, it is considered that the proposal complies with Housing Policy 16. It is however necessary to consider the detail of the design and whether there would be an impact on the environment/ highway.

- 6.3 DETAIL OF DESIGN

• 6.3.1 As stated above, the main dwelling is away from a public vantage point as such the proposal is unlikely to impact how the property is viewed as a whole. With regards to the extension itself and whether this would impact the main dwelling, it is noted that the proposal is an extension which would not be uncommon on a residential property, with this in mind and when accounting for the fact that the proposal matches the dwelling in terms of its design, form, size and finishes. As such it is considered that the overall level of the development contained within this proposal is relatively modest and in keeping with the character of the property in question.

6.4 NEIGHBOURING AMENITY

• 6.4.1 Which regards to neighbouring amenity, the property is situated approximately 180m away from the closest property situated North East of the site, "Mullinaragher." As such it is deemed that the proposal is acceptable and would not have an impact upon neighbouring amenity.

CONCLUSION

7.1 For the above reasons the proposal is considered to comply with Environment Policy 1 and Housing Policy 16 of the Isle of Man Strategic Plan 2016 and therefore acceptable. 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 can confirm that this decision has been made by the Acting 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 : 01.08.2023 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

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