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25/90672/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90672/B Applicant : Miss Lisa Samaras Proposal : Additional use of workshop as occupational therapy facility Site Address : Lakeside Patrick Road St Johns Isle Of Man IM4 3BP
Planning Officer: Russell Williams Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 16.09.2025 __
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 development shall be completed in accordance with the materials as indicated on the approved drawings and within the approved Planning Statement dated January 2025.
C 3. The use as an Occupation Health Therapy facility hereby approved shall not be undertaken outside the following times:
08:30 - 17:00 and Monday to Friday and 08:30 - 13:00 Saturday.
The use shall not be undertaken at any time on Sundays and/or Public Holidays.
Reason: In order to maintain the amenities of the area.
C 4. The Occupation Health summer school use hereby approved, shall be limited to a maximum of 5 weeks per calendar year, with no more than 10 clients attending the site at any one time.
Reason: To avoid an overly intensive use of the site that may require further consideration by the Department, in the interest of amenity and highway safety in the area.
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25/90672/B
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C 5. Notwithstanding the provisions of Schedule 1, Class B of the Town and Country Planning (Permitted Development) (Temporary Use or Development) Order 2015 or any Order revoking and/or re-enacting that Order with or without modification), there shall be no temporary uses on the land subject of the application, other than that expressly authorised by this approval, without the prior written approval of the Department.
Reason: The site is located in the countryside and the use is justified on the individual needs of the applicant, which would need to be reassessed should an alternative use be proposed.
C 6. The use hereby permitted shall benefit the applicant, Lisa Samaras, only in conjunction with the business known as Victory Occupational Therapy, and by no other individual or business whatsoever.
Reason: The site is located in open countryside and the development is justified on the personal needs of the applicant only.
C 7. Notwithstanding the Town and Country Planning (Use Classes) Order 2019, the use hereby permitted shall be limited to an Occupational Therapy facility only, for individual and group therapy sessions and for no other purpose unless otherwise approved in writing by the Department.
Reason: The site is located in the countryside and the use is justified on the individual needs of the applicant, which would need to be reassessed should an alternative use be proposed.
This application has been recommended for approval for the following reason. The proposed development will make good use of an existing ancillary building, allowing the applicant to enhance their Occupational Therapy service to the benefit of the community and health services on the Island. The development will not give rise to any unacceptable impacts upon visual or residential amenity, or highway safety. The proposals are considered to comply with General Policy 2, Community Policy 6 and Transport Policy 7.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped 10th and 11th June 2025:
01P Location Plan 02P Site Plan 03P Existing Plan and Elevations 04P Proposed Plan and Elevations Planning Statement
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
DOI Highway Services - No objection
It is recommended that the owners/occupiers of the following properties should NOT be given the Right to Appeal because:
Inglenook, Patrick Road, St Johns
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25/90672/B
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Objection identifies land that is owned or occupied by the objector that would be impacted on, but such land is not within 20 metres of the site (and no Environmental Impact Assessment is required) (A10(2)(b)) __
Officer’s Report
1.0 THE SITE
1.1 The application site is within the residential curtilage of Lakeside, Patrick Road, St Johns. The property sits on the northern side of the A30 Patrick Road which links St. John's with the hamlet of Patrick. The house is situated approximately 210m from the road and accessed via a long driveway which curves around the trees and the large lake which is close to the site frontage.
1.2 The dwelling and outbuildings are not publicly visible from Patrick Road, being screened by existing trees which surround the site and along long stretches of Patrick Road. The site is heavily treed, particularly along the southern and eastern boundaries of the site, and along the western boundary to the large lake on site. The site contains a former fish farm, with the large pond and a reclaimed area that once was a group of smaller ponds.
1.3 Access to the site is via a bridge over the River Neb which connects the highway with the long driveway serving the site.
1.4 The property is situated at considerable distance from all its neighbours, with the nearest neighbour 'Inglenook' situated about m south of the application site, separated by the highway, large areas of mature landscaping and pond. The applicant currently operates their home based OT sessions from within the dwellinghouse and has done since 2022. This use is considered to be de-minimis and utilises one room in the dwelling on an occasional basis. No part of this application relates to the existing activities within the dwelling and no pre-existing activities are authorised through this application.
1.5 The building subject of the application is a single storey linear outbuilding located immediate adjacent to the main dwelling. The building is finished in rendered walls, concrete tiles and timber and uPVC fenestration.
2.0 THE PROPOSAL
2.1 The application seeks planning permission for the change of use of part of an existing outbuilding to an Occupation Therapy room, to be used by the applicant in the carrying out of some of her day to day treatment of clients.
2.2 The proposed use will be varied and will include: o Seasonal summer school (5 weeks per year, Monday to Friday) for up to 10 children to participate in a structured 'school' for children with Dyslexia and Specific Learning Difficulties to receive Occupational Therapy and Tuition/Education. o Year round Occupational Therapy for children, adults and older adults in a 1:1 environment focusing on specific needs, to support learning, cognitive and physical development as well as mental health and well-being.
2.3 The application proposes the internal use of the building to comprise an Occupation Therapy classroom with an internally linked WC/wet room. The remainder of the building will be retained as a domestic workshop.
2.4 Only minor alterations to the building are proposed, including the installation of new French doors and windows.
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25/90672/B
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3.0 PLANNING POLICY 3.1 The site lies within an area of High Landscape Value and Scenic Significance not designated for a particular purpose on the 1982 Development Order, and the site is not within a Conservation Area. The site is considered to have low surface water flood risk. There is no registered tree on the site, and the site is not within a registered tree area, although the entire eastern boundary of the site abuts a registered tree area.
3.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application:
General Policy 2 General Development Considerations (a-n) 3 Exceptions to development in the countryside
Environment Policy 1 Protection of the countryside and its Ecology 2 Protection of the character of AHLV 22 Protection of the environment from statutory nuisances
Transport Policy 4 Highway safety 7 Parking provisions
Community Policy 6 Community Health Care Facilities
4.0 OTHER MATERIAL CONSIDERATIONS
4.1 None
5.0 PLANNING HISTORY
5.1 The following applications relate to the wider property:
22/00501/B - Single storey extensions and change of use to tourism unit. Approved
23/01325/B - Increase in footprint of approved application 22/00501/B - extensions and change of use of fisherman's hut to tourism. Approved.
25/90088/B - Rebuilding of former fisherman's hut to form tourist accommodation (amendments to 23/01325/B). Approved.
6.0 REPRESENTATIONS
6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows:
German Commissioners - No comments received.
DOI Highway Services - Does not oppose - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the site has suitable access and parking for the proposals.
Forestry - No objection - There are no registered trees impacted and no other trees of note. As such we have no objection to the current proposal on arboricultural grounds.
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25/90672/B
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6.2 1 representations has been received from the occupants of Inglenook, and can be summarised as follows: Noise and disruption - daily presence of children, staff and parents will cause noise inconsistent with the area; associated with children playing, arriving and departing. Loss of residential amenity - as a result of noise harming peaceful enjoyment; also due to increased visibility of our property and impact on our home and garden which has a tranquil setting. Business already operates on the site and this could cause disruption six days a week from extended hours. Traffic and parking - increase in vehicle movements and limited parking pose safety and congestion risks; Lack of mitigation - no mitigation proposed to reduce impact on neighbours; Precedent - this may encourage other non-residential developments in the area;
7.0 ASSESSMENT
7.1 The key considerations in the determination of the application are:
Principle of development and public benefit Impact on residential amenity Impact upon surrounding area Accessibility and highway safety
PRINCIPLE OF DEVELOPMENT AND PUBLIC BENEFIT
7.2 The starting point is the land use designation within the Area Plan, which designates the site as land not zoned for development as it sits within a rural area and an area of high landscape value and, as such, General Policy 3 is applicable. The proposal is for the conversion and change of use of an existing residential outbuilding, to provide an Occupation Therapy treatment room/workshop that is affiliated with the existing use of a room within the residential property, which the applicant currently uses for 1:1 treatment sessions. In summary, however, the proposal does not specifically fit into any of the criteria for acceptable development of General Policy 3 and so there is conflict with the use of the building as proposed.
7.3 Notwithstanding conflict with General Policy 3, the Strategic Plan includes other policies that seek to support the provision of community health care facilities, the remit of which the proposed development would fit. In this regard, Community Policy 6 supports the creation of new or extended community health facilities, subject to complying with 4 criteria.
7.4 As stated earlier in this report and detailed in the application submission, the applicant provides an existing home based Occupation Therapy service to the community, though this has been undertaken from a room within the dwellinghouse over the last 2 years or so. The use of part of the outbuilding as proposed, will formalise the use at the property and provide enhanced facilities for the applicant to undertake their OT appointments. Appointments at the property are made on an individual basis in the main, though the 5 week summer school for up to children will be an additional service. Although the location of the site is not sustainable, the proposal relates to an existing business on the site, with treatment sessions being undertaken elsewhere in the main.
7.5 As the applicant has set out, the summer school is a structured 'school' for children with Dyslexia and Specific Learning Difficulties to receive Occupational Therapy and Tuition/Education. This approach will help address existing demand and financial aid for those desperately needing support. Otherwise, all appointments will be on a 1:1 basis and by appointment only, including adult rehabilitation services for those in need, particularly people recovering from strokes or other physical impairments. The applicant will work alone and will not employ any staff.
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25/90672/B
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7.6 Having regard to the above matters, whilst the proposal conflicts with General Policy 3, there is support for the proposed use of the outbuilding under Community Policy 6, subject to an assessment of other material considerations in the following sections.
IMPACT UPON RESIDENTIAL AMENITY
7.7 The application has been subject to an objection from the residents of the property known as Inglenook. Those objections are summarised at 6.2 above, but relate in part to concerns over loss of privacy, noise and disturbance impacting upon amenity.
7.8 Locationally, the building subject of the application is approximately 190 metres from the boundary of Inglenook, with the two separated by open gardens, lakes, tree and hedgerow planting and the public highway. Physically, therefore, the application site is distant from Inglenook and those activities that will be largely carried out within the OT workspace will have no discernible impact upon the surrounding area, with any noise being contained within the building. Notwithstanding, Occupation Therapy is, by its very nature, undertaken in a calm, quiet and relaxed environment.
7.9 Any adverse impact upon residential amenity in the area will be very low and restricted only to when the 5 week summer school is running. The applicant has confirmed that this will involve 8-10 children per day, and will run between the hours of 0830-1500. The 'school' will involve activities both indoors and outdoors; it offers a structured programme to support learning, cognitive and physical development as well as mental health and well-being. Parents and/or Guardians will drop children off and leave the children in the care of the applicant.
7.10 The intensity/frequency of the summer school can be suitably managed through a planning condition to ensure its intensity is suitable to the rural setting, but otherwise, the proposed use will not give rise to an unacceptable impact upon residential amenity in the area, being low key and distant from the nearest residential property.
7.11 Overall, the impact of the proposed use upon residential amenity in the area is considered to be negligible as a result of the low intensity and occasional use of the premises for the intended OT services. The site is distant from the nearest dwellinghouse and such will prevent unacceptable levels of noise from disturbing existing amenity and quiet enjoyment; the development will not cause any loss of privacy due to the separation and despite the objection received, vehicle movements to and from will have no impact upon privacy, the development will therefore comply with General Policy 2 (g).
TRANSPORT AND HIGHWAY SAFETY
7.11 The application site is accessed off Patrick Road via a private driveway that is laid to tarmac. The property benefits from a large domestic parking and turning area to the front (west) of the dwelling, which is capable of accommodating in excess of ten vehicles. The access drive itself has passing spaces along its length as it winds around the former fishing lake.
7.12 The property was a former commercial fishery which itself will have generated a degree of vehicle movements over the access and public highway. It is pertinent to note that Highway Services do no raise any concern with the proposals.
7.13 The existing access off the public highway benefits from good visibility to the east and west and an increase use of the access is considered to be safe. The proposed development will give rise to a low level of vehicle movements on a day to day basis as the applicant carries out most appointments at their patient's home address or in other medical settings. The most intensive period will be during the 5 week summer school, but even then no more than 20 two way movements per day would be generated if 10 children were to attend daily.
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7.14 Overall, the proposed development is considered to give rise to a low impact upon the capacity and safety of the highway network. The site affords sufficient parking and turning provision clear of the highway and it is considered that the proposal will comply with General Policy 2 (i) and Transport Policies 4 and 7.
OTHER MATTERS
7.15 The development makes very few changes to the external appearance of the building and so the impact upon visual amenity is acceptable. The development will not adversely impact upon biodiversity or flood risk and drainage and is acceptable in regard to these material considerations.
8.0 CONCLUSION
8.1 The proposed development will make good use of an existing ancillary building, allowing the applicant to enhance their Occupational Therapy service to the benefit of the community and health services on the Island. The development will not give rise to any unacceptable impacts upon visual or residential amenity, or highway safety.
8.2 The proposals are considered to comply with General Policy 2, Community Policy 6 and Transport Policies 4 and 7 and is therefore recommended for approval.
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.
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.
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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made: Permitted Date: 29.09.2025
Signed : Mr Paul Visigah Presenting Officer
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