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25/90614/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90614/B Applicant : Mr & Mrs Gelling Proposal : Conversion of two apartments to one dwelling with alterations to ground floor external windows Site Address : Old Surgery Lewthwaites Way Port St Mary Isle Of Man IM9 5AB
Planning Officer: Russell Williams Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 29.08.2025 __
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 materials to be used in the external alterations to the building shall match the existing finishes and shall remain as such unless otherwise agreed in writing by the Department.
Reason: In the interest of the character and appearance of the building and surrounding area.
This application has been recommended for approval for the following reason. The proposed change from two flats to one dwellinghouse is considered to be acceptable in this town centre location. The extent of works to the building are limited and will not materially harm either the existing building or character of the surrounding area. The development will not adversely impact upon highway safety or residential amenity. For the reason outlined within this report it is considered the proposal is acceptable and complies with the Area Plan for the South 2013; The Residential Design Guide 2021; General Policy 2, Housing Policy 4, and Transport Policy 7 of the IOM Strategic Plan 2016.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped 17th and 20th June 2025:
01 Location Plan 02 Site Plan
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03 Existing plans and elevations 04 Proposed plans and elevations __
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
Port St Mary Commissioners - No objection __
Officer’s Report
1.0 THE SITE
1.1 The Old Surgery is a detached two storey property currently split into ground and first floor flats. The site is located to the northern end of Port St Mary, at the junction between Lewthwaites Way and Bayview Road.
1.2 The existing building is an art deco residential property, finished externally in natural dash rendered walls, slate roof and uPVC fenestration. It benefits from large gardens to the rear (west) and has a private drive for 3 vehicles.
1.3 The site is set within an area of mixed-use establishments including retail, restaurants and school.
2.0 THE PROPOSAL
2.1 The application seeks planning permission for the conversion of the two flats into a single, 4 bedroom dwellinghouse. Some minor external alterations are proposed to the building to facilitate the conversion works.
2.2 The external alterations to the building involve the raising of the kitchen window cill level to the southeast elevation by approximately 300mm. To the southwest elevation an existing window will be replaced with sliding patio doors.
2.3 Internally the accommodation will altered to create four bedrooms, family bathroom and closet at first floor. At ground floor the existing flat will be altered to create an open plan kitchen diner, study, lounge, sitting room, utility and hallways.
2.4 Internal alterations to the building fabric do not require planning permission. Those external alterations described at 2.2 above will be finished in materials to match the existing building.
3.0 PLANNING POLICY
3.1 In terms of local plan policy, the application site is within an area zoned as Mixed Use under the Area Plan for the South 2013 and just outside of the area designated as the proposed Port St Mary Conservation Area.
3.2 Mixed Use Proposal 2 within the Area Plan for the South states: "Within the Port St Mary Mixed Use area alternative uses to retail use on the ground floor of units may be acceptable if such uses would add to the vitality and viability of the Village. Residential uses will not normally be accepted, subject to the circumstances and merits of such a use. Applications will be considered on their merits taking into account the proposed use, impact on adjacent properties and impact on the character and appearance of the area."
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3.3 Regarding the IoM Strategic Plan, the following policies are of relevance:
3.4 General Policy 2 of the Strategic Plan is considered applicable, which states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
3.5 Housing Policy 4: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans."
3.6 Transport Policy 7: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7."
3.7 In addition to this A.7.6 of Appendix 7 of the same strategic plan is also considered materially relevant where it indicates the need of 2 parking spaces for any new residential unit.
4.0 OTHER MATERIAL CONSIDERATIONS
4.1 The site is located adjacent to the proposed Port St Mary Conservation Area, but until such time as the Conservation Area is formally adopted,, this carried little weight in the determination of the application.
5.0 PLANNING HISTORY
5.1 24/00761/A - Approval in Principle for construction of detached dwelling in garden of The Old Surgery - Permitted
6.0 REPRESENTATIONS
6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows:
Port St Mary Commissioners - No objection
DOI Highway Services - No comment received.
Manx Utilities Authority - No comment received.
6.2 No representations have been received from members of the public.
7.0 ASSESSMENT
7.1 The key considerations in the determination of the application are: o Principle of development o Impact upon the character and appearance of the area
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o Transport and highway safety
PRINCIPLE OF DEVELOPMENT
7.2 The existing site is located within an area of Port St Mary designated as 'mixed use' on the Area Plan for the South 2013. Port St Mary town centre comprises a number of restaurants and local shops with residential accommodation above, small garage units, furniture repair shops and laundrettes all of which are encircled and intertwined with two and three storey period terrace residential properties and sporadic smaller traditional Manx cottages of one and half or two storey design.
7.3 The existing property comprises two residential flats, formed historically without any known permission. Prior to this the property formed a single dwellinghouse. The residential use of the site is therefore well established and in any case, a residential use within the mixed use zone is considered to be complimentary to surrounding land uses.
7.4 The site is in a wholly sustainable location and offers easy access to day to day facilities required for living.
7.5 Overall, the principle of the conversion and reduction in residential units is acceptable.
IMPACT UPON THE CHARACTER AND APPEARANCE OF THE AREA
7.6 The existing building is not registered and although the site is adjacent to the proposed Conservation Area, this designation has not been confirmed. Notwithstanding, the site is surrounded by a number of traditional style buildings and has a prominent position within the town centre street scene.
7.7 The application proposed very little change to the external appearance of the existing building, with a minor alteration to the size of one window and the replacement of another with patio doors.
7.8 The only elevation affected by these works that can be seen from public vantage points is the reduction in the kitchen window to the southeast elevation. The change is very minor and the materials to make good the wall and new window will match existing.
7.8 The proposed patio doors are to the rear garden and not visible in the wider area.
7.9 The alterations to the building are very minor and will not give rise to any material harm to the character or appearance of the area or existing building. The proposals therefore comply with General Policy 2 of the Strategic Plan.
HIGHWAY SAFETY
7.10 The application site is located in a town centre location where access to services and facilities can be achieve don foot, bicycle and public transport. It is therefore an inherently sustainable location.
7.11 The application proposes the reduction in residential units on the site, which will continue to benefit from a driveway and parking for up to three vehicles.
7.12 The proposals do not cause any reduction in any parking but the reduction in residential units is likely to reduce vehicle movements to and from the site.
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7.13 Having regard to the above matters, the development is not considered to impact upon highway safety and will therefore comply with General Policy 2 and Transport Policy 7 of the Strategic Plan.
OTHER MATTERS
7.14 The application site is not within an area at risk of flooding and the proposed development will not be at any higher risk from surface water, fluvial or tidal flooding.
7.15 The development is minor and will not impact upon the amenity of neighbouring properties in the area.
8.0 CONCLUSION
8.1 The proposed change from two flats to one dwellinghouse is considered to be acceptable in this town centre location. The extent of works to the building are limited and will not materially harm either the existing building or character of the surrounding area. The development will not adversely impact upon highway safety or residential amenity. For the reason outlined within this report it is considered the proposal is acceptable and complies with the Area Plan for the South 2013; The Residential Design Guide 2021; General Policy 2, Housing Policy 4, and Transport Policy 7 of the IOM Strategic Plan 2016.
8.2 It is therefore recommended that the application is approved.
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 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: 03.09.2025
Determining Officer
Signed : J SINGLETON
Jason Singleton
Principal Planner
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