Officer Report

Application No.: 24/91264/B Applicant: Mr & Mrs Edward Pearson Proposal: Demolition of rear annexe. Erection of two-storey rear extension with link to new first floor extension above garage. Erection of a dormer (in association with 24/01305/CON) Site Address: Silverdale House Silverdale Road Ballasalla Isle Of Man IM9 3DS Principal Planner: Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 12.05.2025 _________________________________________________________________

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 glazed balustrades hereby approved and shown on drawing JTM2435-P-02 REV C shall be "Glaspro glass, or similar glass" which include ultraviolet reflective (UV) technology to prevent bird collisions. Reason: In the interest of preventing bird collisions.
• C 3. The annex accommodation at first floor (above garage) of the proposal hereby approved works shall only be used in association with the main dwelling house "Silverdale House" and for purposes incidental to the use of main dwelling house "Silverdale House" as a single dwelling, for no residential/tourist purposes and only in accordance with the internal layout shown on plan JTM2435-P-02 REV C.

Reason: The application does not propose to create separate units of accommodation within the site and has not been considered as such; the site is not designated for development nor for additional dwellings within the countryside; to prevent the accommodation being used as self-contained/tourist accommodation which is unrelated to the main dwelling house; avoiding any future fragmentation of the curtilage; and the living accommodation being used separately

from the main dwelling house would result in a unacceptable level of overlooking of the occupants of this main dwelling house "Silverdale House".

• C 4. Prior to the commencement of any development a detailed soakaway scheme to deal with surface water shall be submitted in writing for approval by the Department and these approved details shall be fully adhered to and retained thereafter.

Reason: In the interest of surface water provision and in the interest of neighbouring amenities.

This application has been recommended for approval for the following reason.

Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan, Section 18(4) of the Town and Country Planning Act (1999) and Section 19 of the 1999 Town and Country Planning Act and General Policy 2, Environmental Policy 1 & 35, Housing Policy 15 of the IOM Strategic Plan, Planning Circular 3/91, Planning Policy Statement

• 1/01 & Residential Design Guide 2021.

Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers all received;

13.01.2025 APPLICATION FORM

06.05.2025

• JTM2435-P-01 REV A
• JTM2435-P-02 REV C _________________________________________________________________

Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI - No Objection Local Authority - No Objection Manx Utilities - Drainage - No Objection It is recommended that the owners/occupiers of the following properties should be given the Right to Appeal as they have submitted an objection that meets the specified criteria: Mill House, Silverdale Road, Ballasalla

_________________________________________________________________ Officer’s Report

1.0 THE SITE - 1.1 The application site is the residential curtilage of Silverdale House, Silverdale Road, Ballasalla, which is situated on the north western side of the narrow road which leads west from Silverdale to the A3 Foxdale Road. - 1.2 The application property is an old dwelling although not of the usual vernacular style the property has gable eaves and roof edges which project beyond the gable of the house, the chimneys are therefore not at the end of the ridge. Windows are vertically proportioned although plastic framed casements.

1.3 The property is well screened from the public highway, given the mature and substantial landscaping which fronts onto the Silverdale Road.

2.0 THE PROPOSAL - 2.1 The application seeks full approval for the demolition of rear annexe. Erection of twostorey rear extension with link to new first floor extension above garage. Erection of a dormer (in association with 24/01305/CON). - 2.2 Part of the proposal includes the installation of a surface water soak away.

3.0 KEY DOCUMENTS - 3.1 Material Considerations Town and County Planning Act 1999 - 3.2 Section 10(4) of the Town and Country Planning Act states: "In dealing with an application for planning approval… the Department shall have regard to -

• (a) The provisions of the development plan, so far as material to the application,
• (b) Any relevant statement of planning policy under section 3;
• (c) Such other considerations as may be specified for the purpose of this subsection in a development order or a development procedure order, so far as material to the application; and
• (d) All other material considerations."

3.3 Section 16(3) of the Town and Country Planning Act (1999) states, "In considering (a) whether to grant planning approval for development which affects a registered building or its setting, or (b) whether to grant registered building consent for any works, the relevant Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses". - 3.4 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". - 3.5 In light of (a) above, it is considered that two key documents are:

• o Area Plan for the South; and
• o The Isle of Man Strategic Plan (2016).

Area Plan for the East 2020

3.6 The site lies within an area designated on the Area Plan for the East as predominantly residential, and within a Conservation Area. The site is not in an area at risk of flooding. The Building is also a Registered Building Nr 210. Isle of Man Strategic Plan (adopted 2016) - 3.7 In light of the above, it is considered the policies from the Isle of Man Strategic Plan (adopted 2016) set out below are relevant in the determination of this application. - 3.8 Strategic Policy 4 states: "Proposals for development must:

• (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings (1), Conservation Areas (2), buildings and structures within National Heritage Areas and sites of archaeological interest;
• (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and
• (c) not cause or lead to unacceptable environmental pollution or disturbance."

3.9 General Policy 2 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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (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;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (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;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

3.10 Environmental Policy 1: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative." - 3.11 Environment Policy 34 states: "In the maintenance, alteration or extension of pre1920 buildings, the use of traditional materials will be preferred." - 3.12 Environment Policy 35 states: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

3.12 Housing Policy 15 states: "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)." - 3.13 Planning Policy Statement 1/01 - Conservation Of The Historic Environment Of The Isle Of Man - 3.14 Planning Circular 3/91 - Guide to the Design of Residential Development in the Countryside

4.0 PLANNING HISTORY - 4.1 The following applications are considered relevant in the determination of this current application;

4.2 Registered Building Consent for demolition of rear annexe (in association with 24/91264/B) - 24/01305/CON - PENDING CONSIDERATION - 4.3 Erection of conservatory to dwelling - 13/00729/B - APPROVED - 4.4 Porch alterations and erection of an extension to garage - 09/00668/R - APPROVED - 4.5 Erection of sunlounge and front porch to replace existing and alterations to garage -

- 02/02109/B - APPROVED

- 5.0 REPRESENTATIONS

5.1 Copies of representations received can be viewed on the government's website. This report contains summaries only. - 5.2 Malew Parish Commissioners make no objection (05.02.2025). - 5.3 Highway Services comment there is no highway interest (20.01.2025). - 5.4 Ecosystem Policy (DEFA) comments (10.02.2025 & 11.04.2025); "General Stance No objection subject to condition. Detailed comments

Silverdale House is home to two legally protected bat roosts. The owners are aware of the presence of these roosts.

The Ecosystem Policy Team do not object to these proposals, as the roosts are located in areas of the property which are to be un-impacted by the demolition and erection of the new extension.

However, we would encourage the applicants to be vigilant and make thorough checks for bats in and around the building prior to demolition commencing, which will require all external holes, crevices, lead flashing or loose tiles and roof voids, if present, to be investigated. Should bats, or evidence of bats (such as bat droppings), be found at any point, then the works must stop and advice be obtained from the Ecosystem Policy Team on 651577.

Bats can roost in buildings at any time of the year and therefore checks should be made whatever time of year the demolition is planned for. Bats are able to enter even the smallest holes. Pipistrelle bats can enter holes measuring only 20mm by 15mm so even small holes should be investigated.

The proposals include the installation of multiple clear glass balustrades which pose collision risks to birds in flight, and could result in bird injury or death, especially in this area with high woodland cover. We therefore recommend that measures are put in place to prevent collisions.

Potential conditions

No works to commence unless a plan detailing the measures that are to be put in place to prevent bird strikes on the clear glass balustrades, is submitted to Planning and approved in writing. Measures could include use of etching, ultraviolet coatings or decals."

• 5.4.1 The applicants have confirmed that the balustrades are constructed with a "Glaspro glass, or similar glass" which is acceptable to the Ecosystem Policy Team. This should be conditioned.

5.5 Manx Utilities - Drainage comment (06.02.2025):

"…Further to your email, I have just reviewed this along with the concerns raised by a neighbour.

From Manx Utilities perspective, the drainage infrastructure serving a number of properties in this location is private. The drains and septic tank were installed many years before the Sewerage Act 1999 came into operation but remains outside the control of the drainage authority (MU) due to other agreements relating to the ownership at the time, the system also is located outside MU drainage catchment areas. MU has no input into the operation or maintenance of the system - however on occasions we are requested to empty the septic tank, which we charge for.

It is for the reason above why MU did not comment on the application.

With regard to the capacity of the septic tank, this would be down to Building control to advise upon, however the addition of new appliances such as sinks & W/C's etc. within a property does not necessarily increase flows from that property.

The applicant is however encouraged to ensure any surface water runoff from new impermeable hardstanding areas are not connected into this drainage system. If these are connected, the performance of the septic tank could be affected requiring more frequent emptying.

I have attached a copy of the private drainage layout below for information."

5.6 The owners/occupiers of Mill House, Silverdale Road, Ballasalla have raised concerns to the application (29.01.2025, 10.02.2025 & 07.04.2025); namely initially concerns of additional demands of two new bathrooms and a second kitchen on the existing drainage/sewer system which is shared with the two properties and share a Klagester Sewerage Tank located next to Trail Lodge, Silverdale Glen.

• 5.6.1 Following these initial comments the Department, head of Building Controls, Manx Utilities, applicants and neighbours have been in discussion regarding possible solutions. These comments are available online in view in full.

• 5.6.2 The conclusion of these discussions is a new soakaway if proposed to be installed within the application site, which will be connected to all surface water drains to the existing and proposed drains of the main dwelling. This will therefore reduce surface water draining into the combined private drains/Klagester Sewerage Tank increasing its capacity for foul drainage only.
• 5.6.3 The applicants have undertaken a percolation test and determine an area within the red line of the site as a suitable location for the soakaway. The neighbours have sought additional ,discussion with the applicants as they have concerns the location will result in a greater amount of surface water running downwards towards their property, through the existing high dry stone retaining wall which makes up the boundary of the site and neighbouring property.

- 6.0 ASSESSMENT

6.1 Main Issues

• Potential impacts upon the Conservation Area and the visual amenities of the countryside;

• o Statutory test;
• o Potential impacts upon neighbouring amenities; and
• o Principle of annexe accommodation.

6.2 POTENTIAL IMPACTS UPON THE CONSERVATION AREA AND THE VISUAL AMENITIES OF THE COUNTRYSIDE;

• 6.2.1 Currently, the dwelling is generally well screened from public view, albeit viewpoints of the front elevation/garage are apparent from the access of the property. Generally, the dwelling is screened given the landscaped boundaries/ Manx sod banks and position set back position from the highway.
• 6.2.2 As outlined early, the dwelling is not a typical two storey traditional style farmhouse style property; having more classical design. However, it is still considered HP 15 requires consideration.
• 6.2.3 Currently the existing dwelling has a floor area of approximately 225sqm (not including attic accommodation or garage). In terms of the size increase of the current proposed extensions would have a floor area of approximately 97sqm (Ground and first floors rear extension and ground floor lobby). Accordingly, in terms of extensions to the existing property outlined above, the dwelling would have a total floor area of 285sqm, which equates to a percentage increase of 35%.
• 6.2.4 It should be noted that the above calculation does not include the upward extension works above the existing detached garage. This first floor extension has a floor area of approximately 60sqm. Taking this element into account (namely given the garage/accommodation above would be physically linked to the main dwelling) the proposal would result in the dwelling having a total floor area of approximately 345sqm, which equates to a percentage increase of 53%. If the existing workshop floor area (80sqm) is taken into account (both existing floor area and proposed area) then the dwelling would have a total floor area of 425sqm and the proposal would equate to a percentage increase of 40%. Accordingly, however, the proposal is calculated the proposal would generally result in an extension of below the generally permitted 50% threshold as outlined in HP15, without only a potential 3% increase at its most.
• 6.2.5 In terms of the proportion, scale and form of the proposals, the finish, form and proportion, especially from public views are traditional in form and appearance. There was initial concerns with the proposed garage design, however, amended plans have resolved these initial concerns.
• 6.2.6 It is considered the proposals (including the front pitched roof dormer) would appear as a subordinate extension and would still allow the main dwelling house being the main aspect within the site, especially when viewed from pubic views. Due to these reason; this it is considered it would be difficult to argue that the proposal would adversely affect the countryside as per the requirements of Environment Policy 1. Furthermore, the works themselves are considered to respect the proportion, form and appearance of the existing property as required by Housing Policy 15 Planning Circular 3/91.
• 6.2.7 Furthermore, given the above it is considered the proposal would preserve the character or appearance of the Area; and while the works increase the amount of built development on the site; it is considered especially works to the garage would represent an improved to the visual amenities of the property and the area generally, replacing a single storey garage with low level pitched roof, with a more appropriate designed upwards extension. The proposal would also comply with EP35 and Planning Policy Statement 1/01.

6.3 Statutory test

• 6.3.1 The Conservation Area statutory test as referenced in section 3.4 of this assessment on whether the proposal would preserve or enhance the Conservation Area. For the reasons outlined in paragraphs 6.2.1 to 6.2.7 it is consider the proposals would preserve the character or appearance of the Conservation Area and comply with Section 18(4) of the Town and Country Planning Act (1999).

- 6.4 POTENTIAL IMPACTS UPON NEIGHBOURING AMENITIES

• 6.4.1 In relation to the proposed extension works it is not considered the development would have any significant impacts upon neighbour's amenities, given the distance between the works and neighbouring property.

• 6.4.2 As outlined within paragraphs 5.6 to 5.6.3 and online email correspondents, the main area of concern for the neighbour is the potential additional water created by any soakaway and potential additional water running towards their rear stone boundary wall which is close to their dwelling.
• 6.4.3 From a planning perspective the department is comfortable that the site can be adequately drainage, both in terms of surface water and foul drainage. The percolation test are understood (discussions with Building Control) to demonstrate that the land (as shown in submitted plans) conditions are such that soakaway would operate within the required standards. Accordingly, it is also acknowledged that the neighbour would like addition time to potentially discuss option with the applicants in relation to the position of soakaway. Accordingly, a condition should be attached which seeks final details of the soakaway position. It should be highlighted (outlined in email dated to neighbour) that the final position maybe as already shown on the submitted plans.

6.5 PRINCIPLE OF ANNEXE ACCOMMODATION

• 6.5.1 Concerns of such accommodation can be that the unit could potentially be used as a self-contained unit, totally independent from the main house for any provisions and could not be considered to be ancillary accommodation as proposed. If a building, or part of a building, contains sufficient facilities to be used in a self-contained manner then they are generally considered to be a separate planning unit, whether or not they are occupied by a relative of occupants of the primary property, or used by guests.

• 6.5.2 There is some case law that has accepted fully self-contained accommodation as being ancillary to the principal residence, i.e. when they have been occupied by a dependant relative or disabled child, or even staff, and certainly who pays the bills is a factor. However, in most cases the test of whether it is a separate planning unit rests upon its severability i.e. if the alleged ancillary use could practically and viably operate on its own were the primary use of the premises cease or cease to be in the ownership of the same person.
• 6.5.3 In this case there is comfort that the annex (first floor accommodation above garage) would be used in associated with the main dwelling house (Silverdale House), which include the annex requiring to utilise the same access/driveway and parking area as the main dwelling house and its proximity to the main dwelling house adjacent to gardens which would potentially lead to conflicts if occupied by separate parties/families. There is also internal access. Furthermore, the unit has windows and first floor patio which would all directly overlook the rear patio/garden of Silverdale House. Due to this it is much less likely that the occupiers of the main dwellinghouse would want non-family members living in these units, as the occupiers of all units and main dwelling house would have less privacy.

- 7.0 CONCLUSION

• 7.0.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan, Section 18(4) of the Town and Country Planning Act (1999) and Section 19 of the 1999 Town and Country Planning Act and General Policy 2, Environmental Policy 1 & 35, Housing Policy 15 of the IOM Strategic Plan, Planning Circular 3/91, Planning Policy Statement 1/01 & Residential Design Guide therefore it is recommended that the application be approved.
• 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 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 : 13.05.2025 Determining Officer

Signed : S BUTLER Stephen Butler Head of Development Management

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