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25/90636/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90636/B Applicant : Ms Deborah Allen Proposal : Reinstatement of embankment, rear decking area and outbuilding Site Address : Serien Glendhoo Cottage Gleneedle Foxdale Isle Of Man IM4 3BG
Senior Planning Officer: Mrs Louise Phillips Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 19.08.2025 __
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. The supporting structures for the decking hereby approved shall be constructed in accordance with the details shown on Drawing Numbers T/05 and T/06 and retained as such thereafter, unless alternative details are first submitted to and approved in writing by the Department.
Reason: In the interest of the adjacent watercourse and to ensure the stability of the decking.
C 3. The outbuilding and decking hereby approved shall be finished in the materials specified on Drawing Number PA/05 and retained as such thereafter.
Reason: In the interest of the character and appearance of the site and surrounding area.
N 1. The applicant should be aware that work on a watercourse or the banks thereof might additionally require the permission of the Department of Transport's Land Drainage Engineer in accordance with the Land Drainage Act 1934.
This application has been recommended for approval for the following reason. The proposed development would cause no significant harm to the character and appearance of the site or wider landscape; and, subject to conditions, it would neither be harmful to the adjacent watercourse nor suffer problems of ground instability. It would not be detrimental to
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neighbouring living conditions or to the surrounding woodland and so the proposal would comply with the relevant policies of the Development Plan.
Plans/Drawings/Information;
This approval relates to the following plans:
o PA/01 - Location Map o PA/02 - Block Plan o PA/05 - Proposed Plan, Sections and Elevation o T/05 - Proposed Plan, Elevations and Section of New Concrete Retaining Wall o T/06 - Proposed Plan, Elevations and Sections of New Steel Frame to Terrace __
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
o Flood Management Division (DOI) - no objection subject to conditions which have been applied. __
Officer’s Report
1.0 THE SITE
1.1 The site is the residential curtilage of a cottage accessed by a narrow country lane/track in Gleneedle in the countryside west of Lower Foxdale. A watercourse runs along the northern boundary of the of the site at a lower level so that the cottage is at the top of the bank. Beyond the watercourse is a band of woodland and open fields, and there is another residential property to the east. This is well screened from the application site.
2.0 THE PROPOSAL
2.1 The riverbank along the northern boundary of the site was washed out in the storms earlier this year. When this happened, a small lean-to porch/outhouse attached to the north elevation of the cottage cracked away from the main building; and an area of decking extending out from the top of the bank fell away into the water below. The proposed development is to reinstate the damaged outhouse and decking.
2.2 The outhouse would be a like-for-like replacement, measuring approximately 1.9m long by 1.1m deep x 2.1m high. It would be finished in painted render to match the cottage, and have a shallow sloping corrugated roof and white double glazed windows and door.
2.3 There is an existing patio area around the outhouse which would be replaced by new hardstanding. The new decking would then extend across the sloping bank (not across the watercourse itself) and be supported by a reinforced concrete base and retaining wall at river level beneath a galvanised steel post. The deck would be approximately 4.3m wide x a maximum of 6.2m long. It would be surrounded by a timber railing 1.2m high.
3.0 PLANNING POLICY
Site Specific 3.1 The application site is not within a Conservations Area and there are no Registered Buildings in the vicinity. It is covered by Registered Tree Area PT27. While the site is adjacent to a watercourse, it is on higher ground and is not itself at risk of flooding.
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1982 Development Plan 3.2 The site is in the countryside in an Area of High Landscape Value and Scenic Significance and Woodland.
Isle of Man Strategic Plan 2016 3.3 General Policy 2 provides various criteria for managing the impact of development, including those below which are relevant to this proposal. The development should:
(b) respect the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) not affect adversely the character of the surrounding landscape or townscape; (d) not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including watercourses; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; and (g) not affect adversely the amenity of local residents or the character of the locality.
3.4 Environment Policy 2 provides that landscape character is the most important consideration in Areas of High Landscape or Coastal Value and Scenic Significance; and Environment Policy 3 seeks to protect woodland.
3.5 Environment Policy 7 states that development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which could not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:
(a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality; (b) details of pollution and alleviation measures must be submitted; (c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and (d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species.
3.6 Environment Policy 28 concerns development on unstable land.
3.7 Housing Policy 15 states that the alteration or extension of traditionally styled properties in the countryside will normally only be approved where they respect the proportion, form and appearance of the property and measure less than 50% of the existing floorspace.
4.0 OTHER MATERIAL CONSIDERATIONS
4.1 Paragraph 7.9.1 of the Strategic Plan states that any work on a watercourse, stream or designated Main River (and normally including the banks for a distance of 9m (30ft) either side) requires the permission of the Department of Transport's Land Drainage Engineer, in accordance with the Land Drainage Act 1934.
5.0 PLANNING HISTORY
5.1 There is no planning history associated with this site.
6.0 REPRESENTATIONS
6.1 Forestry, Amenity & Lands (DEFA):
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o Comments made prior to site visit - "The site is within a designated registered tree area and there appears to be a number of trees affected by the development. We are not in receipt of any tree information and we would ask that an AIA to BS5837 is provided so as a robust consideration can be made. Until then we are not able to support this application in its current form".
o Updated comments made on 11 August 2025 following site visit - "No issues at all from us, the trees are on the other side of the river and are mostly dead".
6.2 Flood Management Division (DOI):
o No objection subject to conditions. "The site is on a steep valley and the base of the decking is at river level. The attached Engineering plans (T-06 & T-05) should be adhered to. This will stabilise the river bank and prevent washout and instability" (6 August 2025).
6.3 The following organisations were consulted on 1 July 2025 but, at the time of writing this report, no comments had been received:
o Highways Services (DOI) o Patrick Commissioners o Manx Utilities Authority - Electricity
6.4 The applicant has corresponded directly with the Inland Fisheries Policy Manager at DEFA.
7.0 ASSESSMENT
7.1 Taking account of the matters above, the main issues are the effect of the proposed development upon the character and appearance of the area; and upon the adjacent watercourse.
Character and Appearance 7.2 Both elements of the proposed development, the outhouse and the decking, would be replacements of previously existing structures. The existing outhouse remains in situ and the one now proposed would clearly be a like for like replacement. It is/would be a very modest addition to the main building - discretely positioned, subordinate in scale and in keeping with the cottage in terms of its form and design.
7.3 The pre-existing decking has fallen away completely and there is no planning permission or other specific evidence of its size and appearance. However, the wreckage is visible down the riverbank and an insurance claim is in progress, indicating that something similar to the present proposal was there before.
7.4 The new deck would be quite large, extending the full width of the river bank and being sited significantly above the river. However, the site is in a remote location down a track away from the highway. The north side of the cottage where the deck is proposed cannot be seen from the track, from the house to the east or from the open land to the north due to the presence of woodland and other vegetation. Thus, the effect of the deck upon the landscape would be confined to the locality of the cottage which already has a residential character, and there would be no significant detriment in public views. Within the site itself, the deck would be level with the cottage and so appear as an extension of the garden. It would not look out of place.
7.5 Therefore, neither the outhouse nor decking now proposed would be harmful to the character and appearance of the site or the surrounding countryside. The development would
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comply with General Policy 2(b) and (c) of the Strategic Plan; with Housing Policy 15; and with Environment Policy 2.
The Watercourse 7.6 As stated above, the proposed outhouse and decking are replacements for similar structures which are/have been on the site previously. They are not polluting forms of development, and both the Flood Management Division of the DOI and the Inland Fisheries Section of DEFA are aware of the proposals.
7.7 The Flood Management Division raises no objections provided that the development is constructed in a way which would ensure the stability of the riverbank, and a condition is recommended accordingly. The applicant has been liaising with the Fisheries Section to agree an appropriate method and timeframe for undertaking the works. In addition, a note should be attached to any grant of planning permission to advise the applicant that further permissions might be needed to carry out work to the riverbank in compliance with the Land Drainage Act 1934 (see paragraph 4.1 above).
7.8 Subject to the conditions/advice notes above, the proposed development would not cause harm to the adjacent watercourse and would thus meet the aims of Environment Policy 7 and General Policy 2 (d) of the Strategic Plan.
Other Issues 7.9 Neither the outhouse nor the decking would be visible from the neighbouring residential property to the east and so there would be no impact upon the living conditions of the occupiers (General Policy 2 (g)). Following a site visit, the Tree Officer is not concerned about the effect of the development upon the Registered Tree Area and I concur with his conclusions (General Policy 2(f)). The condition concerning the technical construction of the decking required by the Flood Management Division should address stability issues (Environment Policy 28).
8.0 CONCLUSION
8.1 For the reasons given above, the proposed development would cause no significant harm to the character and appearance of the site or wider landscape; and, subject to conditions, it would neither be harmful to the adjacent watercourse nor suffer problems of ground instability. It would not be detrimental to neighbouring living conditions or to the surrounding woodland and so, overall, the proposal would comply with the relevant policies of the Development Plan.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
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9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal. __
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, and/or rights to appeal.
Decision Made : Permitted Date : 26.08.2025
Determining Officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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