Officer Report

Application No.: 24/91208/B Applicant: Mrs Linda Lind Proposal: Demolition of existing conservatory and erection of ground floor extensions (amendments to PA 24/00687/B) Site Address: Ballakaighen Whitebridge Road Onchan Isle Of Man IM4 6AD Principal Planner: Chris Balmer Recommended Decision: Permitted Date of Recommendation: 21.11.2024 _________________________________________________________________

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.

The proposal is considered to comply with Environment Policy 1 and Housing Policy 15 and 16 of the Isle of Man Strategic Plan 2016 having no adverse impact upon public or private amenity and therefore acceptable.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 18.10.2024.

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

It is recommended that the owners/occupiers of the following properties should NOT be given the Right to Appeal as they have not submitted an objection that meets the specified criteria: 9 Laureston Close, Douglas

Officer’s Report THE APPLICATION SITE

1.1 The application site comprises the residential curtilage of Ballakaighen, a detached dwelling that is located on the northern side Whitebridge Road in Onchan. - 1.2 The property has a hipped roof, with dormer windows to the rear and to one side. The property is a bungalow of a large footprint with the roofspace now utilised for additional accommodation. - 1.3 The property is located at the end of a private drive and is owned by a stud farm as such the rear looks over numerous open fields in the applicant's ownership. THE PROPOSAL

2.1 The planning application seeks approval for the removal of the existing conservatory and erection of a new larger conservatory which spans across the rear and beyond the side elevation. The proposed extension is 3 metres in projection and 12.7 metres in width and is single storey with a flat roof. - 2.2 The Conservatory has floor to ceiling glazing across the rear and the walls would be render. - 2.3 For reference a similar replacement conservatory was recently approved which had a

2.8 metres in projection and 10.8 metres in width and was also single storey with a flat roof. PLANNING HISTORY - 3.1 24/00687/B - Demolition of existing conservatory and erection of ground floor extensions - APPROVED

3.2 10/00157/B - Alterations to dwelling house including creation of dormer windows, erection of decking and conversion of garage to provide additional living accommodation APPROVED PLANNING POLICY - 4.1 The site is shown as within an area not designated for development under the Area Plan for the East. The application site represents the curtilage of a detached dwelling in the countryside. The site is not within a Conservation Area.

4.2 The key policies for this application are Housing Policy 15 due to the traditional elements of the property, which states (in full), "The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally)" and Housing Policy 16 due to the non-traditional parts of the property, which states (in full), "The extension of non-traditional dwellings or those of poor or inappropriate form will not generally be permitted where this would increase the impact of the building as viewed by the public."

4.3 There are a number of other relevant policies within the Isle of Man Strategic Plan 2016, as summarised below.

• - General Policy 2 sets out general 'Development Control' considerations which are arguably relevant even where a proposal is not in accordance with the land-use designation including design (respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them), wider impact (the amenity of local residents or the character of the locality) and parking/access/highway safety.
• - General Policy 3 indicates development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan other than a number of stated exception, which do not include the extension of existing dwellings.
• - Environment Policy 1 seeks to prevent development which would adversely affect the site other than in exceptional circumstances.

4.4 Also relevant tis the Residential Design Guide (2021) which offers advice on the design and in relation to visual impact and the impact on neighbours. REPRESENTATIONS

5.1 The following representations can be found in full online;

5.2 Highway Services have considered the proposal and state "no interest" (24.10.24)

5.3 Onchan Commissioners recommend an approval (06.11.2024). - 5.4 Owner/occupier of 9 Laureston Close, Douglas indicates that of 28th October no site notice had been displayed. ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are:

• - principle of development (GP3, EP1, HP16)
• - character and appearance (GP2, HP16)
• - Neighbouring Amenity (GP2) PRINCIPLE

6.2 Housing Policy 15 and 16 and its supporting text clearly allows for residential extensions in the countryside, where they would not detract from the countryside which, in the case of the extension of traditional/non-traditional dwellings, where there would not be a substantial increase in terms of floor area (over 50%) nor where the proposed works would increase the impact of the building as viewed by the public.

6.3 The proposed extension is to the very rear of the dwelling overlooking open fields. The development will not be visible from public vantage points and the scale of the extension is modest in comparison to the existing size of the dwelling. - 6.4 With the above in mind the principle of the extension is considered acceptable subject to meeting other criteria below. Potential visual impact upon the amenities of the countryside - 6.5 The proposed conservatory is located to the rear of the property accessed from a gated private drive. The rear faces onto open fields in the stud farms ownership. The proposals are not considered to significantly impact visually on the Countryside and as such are considered acceptable in this regard. Neighbouring Amenity - 6.6 The dwelling is isolated with no nearby residential properties and the rear elevation where the proposed extension is proposed looks over open fields. Additionally the scale of

• extension proposed at single storey and 3 metres rear projection is not considered to result in any significant harm.
• 6.7 Given the above it is not considered the proposals would impact adversely on neighbouring amenity and no objections have been received from neighbours to raise any impact. As such the proposals are considered to accord with general policy 2. CONCLUSION

7.1 The proposal is considered to comply with Environment Policy 1 and Housing Policy 15 and 16 of the Isle of Man Strategic Plan 2016 having no adverse impacts upon public or private amenities and therefore acceptable. - 8.0 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.

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 the Acting 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: 21.11.2024 Determining officer Signed : A MORGAN Abigail Morgan Acting Head of Development Management

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