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24/91050/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/91050/B Applicant : Mr Martin Dunne Proposal : Variation of Condition 1 of PA 20/00688/B to extend time limit for commencement of works Site Address : 35 Auburn Road Onchan Isle Of Man IM3 1LP
Planning Officer: Peiran Shen Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 14.10.2024 __
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. Since the initial approval there have been no material planning changes which have arisen. The Area Plan for the East has superseded the Onchan Local Plan but there are no changes in policies for this site. The Isle of Man Strategic Plan 2016 has not been superseded and therefore continues to comprise the Development Plan. The policies contained therein have not been the subject of appeal decisions or decisions related to planning applications that indicate a different approach to those policies should be taken. Therefore, it is recommended that planning permission be approved.
Plans/Drawings/Information; This approval relates to the documents, site location plan, and drawing no. 2020/P01, 2020/P02, 2020/P03, 2020/P04, 2020/P05 as having been received on 13th September 2020. __
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
DOI Highway Services - No Objection Local Authority - No Objection
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24/91050/B Page 2 of 4
Officer’s Report
1.0 THE SITE 1.1 The application site is the residential curtilage of 35 Auburn Road, Onchan, a two-storey semi-detached dwelling located at the north of Auburn Road. The house has a pitched roof and is finished in white paint.
1.2 There is an existing single-story extension and an existing conservatory at the rear elevation to the east elevation of the property. The extension is approx. 3m wide and projecting approx. 2.3m from the rear elevation. It is approx. 2.2m in height. The extension has a flat roof and white paint finish.
1.3 There is also a conservatory next to the extension. The conservatory is approx. 2.9m wide and projecting approx. 2.3m from the rear elevation. It is approx. 1.9m in height. The extension has a flat roof and has glazing as walls.
2.0 THE PROPOSAL 2.1 The application is seeking permission for Variation of condition 1 of PA 20/00688/B.
3.0 PLANNING HISTORY 3.1 Alterations and erection of replacement extension to rear elevation was APPROVED under PA 20/00688/B.
3.2 There is no other condition besides the standard four-year time limit condition.
4.0 PLANNING POLICY Site Specific 4.1 The site is within an area designated as Predominantly Residential in the Area Plan for the East.
Strategic Policy 4.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: o General Policy 2 (b) (c) (g) o Paragraph 4.3.11 o Paragraph 8.12.1 o Environment Policy 42
PPS and NPD 4.3 There is no Planning Policy Statement or National Policy Directive considered materially relevant to this application.
5.0 OTHER MATERIAL CONSIDERATIONS Strategy and Guidance 5.1 The Residential Design Guide (July 2021) provides guidance on the design of new houses and extensions to an existing property, as well as how to assess the impact of such development on the living conditions of those in adjacent residential property. Therefore, it is considered that the Guide is materially relevant to this application.
6.0 REPRESENTATIONS 6.1 Onchan District Commissioners has no objection to this application (09.10.2024).
6.2 DoI Highway Services state there is no highway interest in this application (20.09.2024).
7.0 ASSESSMENT
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24/91050/B Page 3 of 4
7.1 The principal issue in the assessment of this application is whether there have been any material planning matters (e.g. policy changes/land used designations/Local Plan adoption / new or altered legislation, and so forth) that have changed since the approval of the last application.
7.2 Since the initial approval there have been no material planning changes which have arisen. The Onchan Local Plan has been superseded with the Area Plan for the East but there are no changes regarding the policies for this site. The Isle of Man Strategic Plan 2016 has not been superseded and therefore continues to comprise the Development Plan. The policies contained therein have not been the subject of appeal decisions or decisions related to planning applications that indicate a different approach to those policies should be taken. No new legislation has been brought into force and no objections have been received.
7.3 The reason for the time limit of all applications is to ensure planning applications cannot have everlasting permissions. Either the applicant needs to commence development or seek a variation of condition to extend the approved period. This process to potentially extend the original period is to re-assess whether there have been any changes in local plan/planning policies and/or any other material planning matters. As indicated above there have been none since the last approval.
7.4 It has been previously assessed that the development proposed is acceptable in terms of complying with General Policy 2.
7.5 Accordingly, as previously considered the proposal would comply with the relevant planning policies and therefore recommended for an approval.
7.6 There are no other conditions attached to the previous approval so only the new time limit will be conditioned.
7.7 The application has stated that the work is planned to start in the summer of 2025. It is considered reasonable to prolong the time extension to a full year to accommodate potential delays.
8.0 CONCLUSION 8.1 Since the initial approval there have been no material planning changes which have arisen. The Area Plan for the East has superseded the Onchan Local Plan but there are no changes in policies for this site. The Isle of Man Strategic Plan 2016 has not been superseded and therefore continues to comprise the Development Plan. The policies contained therein have not been the subject of appeal decisions or decisions related to planning applications that indicate a different approach to those policies should be taken. Therefore, it is recommended that planning permission be 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.
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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.
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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: 15.10.2024
Determining Officer Signed : C BALMER
Chris Balmer
Principal Planner
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