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25/90621/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90621/B Applicant : Mr Lee Penrose Proposal : Variation of condition 1 of planning application 21/00409/B (erection of an open sided car port) to allow for a further period of four years Site Address : California Cottage Glen Road Colby Isle Of Man IM9 4NU
Planning Officer: Vanessa Porter Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 15.08.2025 __
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 approved works shall be carried out in accordance with the submitted Arboricultural Method Statement (Manx Roots, dated 22nd July 2025).
Reason: To safeguard the trees on site in the interests of the appearance of the site and the surrounding area.
This application has been recommended for approval for the following reason. Since the initial approval there have been no material planning changes which have arisen which would result in the Department from considering the application in a different light. As such the variation of condition 1 is considered acceptable for another 4 years
Plans/Drawings/Information;
This decision relates to the following plans and drawings, dated 20th June 2025; o Drawing No. PA/01 o Drawing No. PA/02
This decision also relates to an Arboricultural Method Statement dated 28th July 2025.
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25/90621/B
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Right to Appeal
It is recommended that the following organisations should not be given the Right to Appeal: Arbory and Rushen Commissioners - No objection __
Officer’s Report
THE APPLICATION SITE 1.1 The application site is within the residential curtilage of "California Cottage," which is an early 2000's cottage, situated to the Western side of Glen Road. Due to the topography of the site, the dwelling and outbuildings are situated below road level.
THE PROPOSAL 2.1 The current application seeks approval to vary Condition 1 of PA21/00409/B, by extending the period of permission by 4 years. The description of PA21/00409/B is as follows;
"2.1 The proposal seeks the erection of an open sided car port to cover approx. 38 square metres of the parking area, to the north of the access. The car port would be finished with timber clad support posts, with dark grey roof falling west towards the river side of the site."
PLANNING HISTORY 3.1 Apart from the above application there are no other applications relevant to the assessment of this application.
PLANNING POLICY 4.1 The site lies within an area zoned as "Predominately Residential" under the Area Plan for the South, Map 6 - Colby/Ballabeg. The site isn't within a Flood Risk Zone but is within a Conservation Area.
4.2 Given the nature of the of the land designation and the property being within a Conservation Area, Section 18(4) of the Town and Country Planning Act (1999) is the most relevant in the assessment of this application. Followed by paragraph 7.29.2 and Environment Policy 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area.
REPRESENTATIONS 5.1 The following were consulted on the 23rd June 2025 of which no reply has been received at the time of writing this report;
5.2 Arbory and Rushen Commissioners have considered the application and state, "Supported by Commissioners." (7.08.25)
5.3 DEFA Forestry initially objected to the proposal (25.06.25) on the basis that the Arboricultural Method Statement (AMS) was out of date, a further AMS was received of which DEFA Forestry have now removed their objection (06.08.25).
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25/90621/B
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ASSESSMENT 6.1 This application is to vary condition one of PA21/00409/B, which seeks to restrict the time limit for the implementation of the application. This would have the effect of adding an additional two years onto the time in which the permission was implemented.
6.2 The main issue in the assessment of this application is whether there have been any material changes, in planning terms, since the application was last approved; for example policy changes, a change in the land use designation, new or altered legislation, or site circumstances that would lead to a different decision being made.
6.3 Since the initial approval, there has been an update to the Permitted Development Order, whilst this has happened, there is no change to the policies in place for this application.
6.4 Whilst the above is noted DEFA Forestry raised that the Arboricultural Method Statement (AMS) was out of date, to which a revised AMS was received and forestry are accepting of the proposal.
6.5 The reasoning for the time period of all applications is to ensure planning applications cannot have everlasting permissions, and either the applicant needs to commence development or seek a variation of condition to extend the period be submitted. This process to potentially extend the original period is to re-assess whether there have been any changes in local plan/planning policies.
CONCLUSION 7.1 Since the initial approval there have been no material planning changes which have arisen which would result in the Department from considering the application in a different light. As such the variation of condition 1 is considered acceptable for another 4 years with a condition regarding the AMS.
RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 8.1 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).
8.2 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.
8.3 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.
8.4 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.
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25/90621/B
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8.5 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 a Principal Planner 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: 15.08.2025
Determining Officer
Signed : J SINGLETON
Jason Singleton
Principal Planner
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