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25/90004/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90004/B Applicant : Mr John Ogle Proposal : Replacement of conservatory roof and two ground floor windows Site Address : 13 Ballakneale Avenue Port Erin Isle Of Man IM9 6ND
Principal Planning Officer: Belinda Fettis Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 29.04.2025 __
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.
This application has been recommended for approval for the following reason. The proposed replacement roof on the rear conservatory and change in window size on two rear elevation windows is considered acceptable due to the scale, position and design. The proposal accords with the Design Guide and General Policy 2 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
This decision relates to the following Plans, drawings and detail received on the 6th and 7th of January 2025. o Location plan drawing no.2024-200-001 o Site plan drawing no.2024-200-002 o Proposed elevations drawing no.2024-200-004
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: o DoI - Highways Services - No objection o Port Erin Commissioners - Support __
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25/90004/B Page 2 of 4
Officer’s Report
THE SITE 1.1. The application site relates to residential curtilage of 13 Ballakneale Avenue, Port Erin, a detached dormer bungalow located on the southern side of Ballakneale Avenue.
1.2. There is an existing flat roofed conservatory on the front elevation utilised as a front porch, and a hipped glazed conservatory on the rear elevation.
1.3. Dwellinghouses within the street are of similar design scale and materials.
THE PROPOSAL
2.1. The application proposes replacing the existing hipped glazed conservatory roof on the rear elevation with an insulated lightweight tile effect roof, and the enlargement of two rear ground floor windows. No increase to the height of the conservatory extension is proposed. The existing windows measure approximately 1800mm x 1040mm and the proposed windows measure approximately 1800mm x 1200mm.
2.2. In support of the proposal the following documents are submitted. o Existing elevations plan drawing no.2024-200-003 o Floor plan drawing no.2024-200-005 o Proposed elevations drawing no.2024-200-004 o Supporting statement
PLANNING POLICY Site Specific 3.1. On the Area Plan for the South the site is in an area identified as "Predominantly Residential".
3.2. The site is not within a Conservation Area and is not a Registered Building.
Strategic Plan 3.3. Taking account of the above, within the adopted Isle of Man Strategic Plan 2016, the following policies are considered relevant in the determination of this application:
3.4. Paragraph 8.12.1 of the Strategic Plan and General Policy 2 provide the general policy requirements for householder applications. 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 accords with the criteria of the Policy. In this case the following criteria are considered relevant (a), (b), (c), (d), (g), (h), (i), (j), (k), (l), (m), (n); of which the following are relevant.
(b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
(g) does not affect adversely the amenity of local residents or the character of the locality;
(n) is designed having due regard to best practice in reducing energy consumption.
OTHER MATERIAL CONSIDERATIONS 4.1. Residential Design Guide, Section 4.
4.2. The Town and Country Planning (Permitted Development Order) 2025, 4.2.1. Schedule 1, Part 2 'Development within the Curtilage of a Dwellinghouse, Paragraph 30 Class 24, windows and doors, (1) the alteration or replacement is permitted provided it
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25/90004/B Page 3 of 4
comprises (a) no alteration is made to the size, shape or position of the aperture, unless that aperture is on the ground floor in a principal or side elevation or fronting the highway, and (b) no aperture is larger than the existing or 1.6m high and 1.8m wide. 4.3. Schedule 1, Part 2 'Development within the Curtilage of a Dwellinghouse, Paragraph 31 Class 24A conservatory roofs, (1) the alteration or replacement is permitted provided the replacement or alteration meets criteria (a) to (d) relating to materials and heights.
PLANNING HISTORY 5.1. Planning history exists for this site however none are considered materially relevant to in determining this application.
REPRESENTATIONS 6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only.
Local authority o Port Erin Commissioners - support (15.01.2025
Statutory Bodies o Highway Services - No interest (13.01.2025).
o Manx Utilities, Electricity - although consulted on the 09.01.2025, has not commented on this application at the time of drafting this report (29.04.2025), and so it is assumed that there are no objections to the application.
ASSESSMENT 7.1. Principle 7.2. As in paragraph 8.12.1 of the Strategic Plan, the principle of proposal is acceptable. Taking account of the above observations the key considerations in assessing this application are as follows. o Design, impact upon the dwellinghouse o Impact upon residential amenity
7.3. Design, impact upon the dwellinghouse 7.3.1. The existing design is one that is repeated for similar detached bungalows in the locality.
7.3.2. Replacing the existing glass conservatory hipped roof with a new pitch roof comprising insulation and finished with tiles similar in colour to those on the main roof would not harm the character of the dwellinghouse.
7.3.3. The replacement windows will, as stated in the supporting document improve the symmetry of openings on the rear elevation.
7.3.4. Therefore the proposal accords with the Design Guide and policy G2.
7.4. Impact upon residential amenity 7.4.1. The proposal does not introduce any unneighbourly elements.
7.5. OTHER MATTERS 7.5.1. It is noted that as a result of the recent adoption of the Town and Country Planning (Permitted Development Order) 2025 the proposal could be permitted development because the external material finish is proposed to match the existing roof however no samples are provided and none sought; the replacement windows do not exceed the criteria therefore these would be permitted development.
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25/90004/B Page 4 of 4
8. CONCLUSION 8.1. The proposal is acceptable in respect of design and visual impact upon the character of the dwellinghouse and accords with the general principles of the Design Guide and General Policies 2 of the Isle of Man Strategic Plan 2016.
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: 30.04.2025
Determining Officer Signed : C BALMER
Chris Balmer
Principal Planner
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