216074

==== PAGE 1 ====

                                                 24/91421/B
                                 Page  1  of  10

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 24/91421/B Applicant : Mr Matt Newing Proposal : Erection of replacement dwelling and attached garage Site Address : Clypse Lodge Clypse Moar Road Onchan Isle Of Man IM4 5BG

Planning Officer: Russell Williams Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 19.06.2025 __

Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions

C 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

Reason: To comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019

C 2. Prior to the first occupation of the development hereby permitted, a soft landscaping scheme shall be submitted to and approved in writing by the Department. The scheme shall include details of all new trees and hedgerows and shall include a landscaping plan, planting specification and a timetable for implementation. Development shall be carried out in accordance with the approved scheme. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased, shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.

Reason: In order to safeguard the landscape character and appearance of the area and in the interest of biodiversity.

C 3. No retained tree as shown on the approved Tree Removal Plan shall be cut down, uprooted, destroyed, or damaged in any manner during the construction phase and thereafter, within five years from the date on which the development is first occupied. In the event that a retained tree become damaged or otherwise defective, the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.

Reason: In order to safeguard the landscape character and appearance of the area and in the interest of biodiversity.

==== PAGE 2 ====

                                                 24/91421/B
                                 Page  2  of  10

C 4. No development shall take place unless a tree protection scheme have been submitted to and approved in writing by the Department. Tree protection measures shall be shown on a layout plan accompanied by descriptive text and shall include but is not limited to; a) The location of the trees to be protected. b) The position and construction of protective fencing around the protected trees (to be in accordance with BS 5837: 2012 Trees in relation to design, demolition and construction). c) The extent and type of ground protection, and any additional measures required to safeguard vulnerable trees and their root protection areas.

All documents should be prepared in accordance with British Standards BS3998:2010 Tree work - Recommendations and BS5837:2012 (Trees in relation to Design, Demolition and Construction -Recommendations) unless superseded.

The development must be carried out in accordance with the approved details. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department.

In the event that trees become damaged or otherwise defective during such period, the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented. In the event that a tree dies or is wilfully removed without prior consent it shall be replaced as is reasonably practicable and, in any case, by not later than the end of the first available planting season, with trees of such size, species and in such number and positions as may be agreed with the Department

Reason: required prior to commencement to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality.

C 5. No development shall commence until a bat survey has been submitted to and approved in writing by the Department. The bat survey, shall identify impacts on bat species together with mitigation and enhancement measures, where appropriate, and shall include an ecological mitigation plan and timetable for its implementation. Thereafter, the approved mitigation and enhancement measures shall be fully completed prior to the first occupation of the dwelling hereby permitted.

Reason: To provide adequate safeguards for the bats.

C 6. No external lighting, including security lighting, shall be installed within the site other than in accordance with details that have previously been submitted to and approved in writing by the Department. The scheme shall accord with the recommendations outlined in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023), or any subsequent version.

Reason: In order to mitigate potential harm to bats.

C 7. No development hereby permitted shall commence, including site clearance work, unless details of a nest box suitable for robins has been submitted to planning and approved in writing by the Department. The nest box shall be installed in accordance with the approved details prior to the first occupation of the dwelling.

Reason: In order to mitigate the loss of bird nesting opportunities within the site.

C 8. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2025 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling, hereby approved shall be carried out without the prior written approval of the Department.

==== PAGE 3 ====

                                                 24/91421/B
                                 Page  3  of  10

Reason: To control development in the interests of the amenities of the surrounding area.

C 9. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2025 (or any Order revoking and/or re-enacting that Order with or without modification), no garages or other free standing buildings shall be erected within the curtilage of the dwelling hereby approved without the prior written approval of the Department.

Reason: To control development in the interests of the amenities of the surrounding area

This application has been recommended for approval for the following reason. The proposals respect the site and surroundings in terms of the siting, layout, scale, form, design of buildings and the spaces around them. The proposals will not harm the character of the surrounding landscape and comply with General Policy 2 (b) & (c). Furthermore, while the proposals will result in a larger dwelling on the site, the design and appearance is considered to result in an enhancement to the site and its landscape setting such that the proposals are justified and in accordance with Housing Policies 12 and 14 and Environment Policies 1 and 4 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This approval relates to the following drawings and documents received 23 December 2024 and 6 May 2025:

Dr No 1 - Proposed Plans, Elevations and Site Plan Dr No 2 - Location Plan and Existing Site Plan Tree Constrains Plan Tree Removal Plan Clypse Lodge Tree Data Manx Birdlife Bird Survey dated February 2025 __

Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal:

Onchan Commissioners Support the application __

Officer’s Report

1.0 THE SITE

1.1 The application site comprises the residential curtilage of Clypse Lodge, Clypse, Onchan. The site is an irregular shaped piece of land which lies to the west of the Clypse Reservoir and is accessed via the Ballacottier Road and the narrow roadway leading to the reservoirs themselves.

1.2 The site is relatively flat in nature, with a gentle fall to the south and is within a woodland setting, with mature hedgerows and trees running along the south-eastern boundary of the site which is directly adjacent to the highway.

1.3 The existing dwelling is rather unusual in appearance and could not be described as traditional Manx vernacular. The property appears to have been constructed in the 1960's, with

==== PAGE 4 ====

                                                 24/91421/B
                                 Page  4  of  10

approximately half of the dwelling comprising of a steeply pitched roof with flat dormer accommodation, whilst the other half is a single storey fiat roofed property. The finish of the dwelling is timber cladding to all external elevations, whilst the pitched roof is finished in orange/red concrete titles.

1.4 The dwelling has not been occupied for a number of years, with the Agent confirming this period to have been approximately 7 years.

2.0 THE PROPOSAL

2.1 The application seeks planning permission for the erection of a replacement dwelling together with a new access drive and parking/turning area.

2.2 The replacement dwelling would be sited on a similar footprint to the existing property, which is located centrally within the plot. The proposed dwelling would be located approximately 15 metres from the adjacent highway. The proposed dwelling would have a maximum width of 26.6 metres, a maximum depth of 16.9 metres and have a ridge height of 9.3 metres. The measurements include the proposed conservatory, attached garage, rear two storey outlet and the main two storey dwellinghouse.

2.3 The proposed two storey replacement dwelling would have traditional elements in its design, with a pitched natural slate roof, two gable end chimneys, a central doorway, verge details to both gable ends and a painted render finish. However, the proposal does include projecting two storey bay windows to the front elevation.

2.4 The property would utilise the existing vehicular access to serve the property, but would include alterations to the driveway which would accommodate at least two off road parking spaces to the front of the property as well as two further parking spaces within the prosed attached garage.

3.0 PLANNING POLICY

3.1 The site lies within an area of open countryside and is not designated for any particular purpose on the Area Plan for the East. The site is not within a Conservation Area, Area of High Landscape or Coastal Value and Scenic Significance or a Flood Risk Zone.

3.2 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: (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;

==== PAGE 5 ====

                                                 24/91421/B
                                 Page  5  of  10

(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."

3.3 General Policy 3 states that "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14);"

3.4 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."

3.5 Environment Policy 4: Development will not be permitted which would adversely affect: (a) species and habitats of international importance: (i) protected species of international importance or their habitats; or (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites. (b) species and habitats of national importance: (i) protected species of national importance or their habitats; (ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or (iii) Marine Nature Reserves; or (iv) National Trust Land. (c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats. Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward.

3.6 Housing Policy 12 states: "The replacement of an existing dwelling in the countryside will generally be permitted unless: (a) the existing building has lost its residential use by abandonment; or (b) the existing dwelling is of architectural or historic interest and is capable of renovation. In assessing whether a property has lost its habitable status by abandonment, regard will be had to the following criteria: (i) the structural condition of the building; (ii) the period of non-residential use(2) or non-use in excess of ten years; (iii) evidence of intervening use; and (iv) evidence of intention, or otherwise, to abandon."

3.7 Housing Policy 14 states: "Where a replacement dwelling is permitted, it must not be substantially different to the existing in terms of siting and size, unless changes of siting or size would result in an overall environmental improvement; the new building should therefore generally be sited on the "footprint" of the existing, and should have a floor area(1), which is not more than 50% greater than that of the original building (floor areas should be measured

==== PAGE 6 ====

                                                 24/91421/B
                                 Page  6  of  10

externally and should not include attic space or outbuildings). Generally, the design of the new building should be in accordance with Policies 2-7 of the present Planning Circular 3/91, (which will be revised and issued as a Planning Policy Statement). Exceptionally, permission may be granted for buildings of innovative, modern design where this is of high quality and would not result in adverse visual impact; designs should incorporate the re-use of such stone and slate as are still in place on the site, and in general, new fabric should be finished to match the materials of the original building. Consideration may be given to proposals which result in a larger dwelling where this involves the replacement of an existing dwelling of poor form with one of more traditional character, or where, by its design or siting, there would be less visual impact."

Transport Policy 7: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."

4.0 OTHER MATERIAL CONSIDERATIONS

4.1 Planning Circular 3/91 - Guide to the Design of Residential Development in the Countryside is a material consideration.

5.0 PLANNING HISTORY

5.1 The following applications are of material relevance to the proposal: PA 13/00183/A - Approval in principle for the erection of a replacement dwelling. Approved 19th March 2013. PA 14/01156/REM - Reserved matters Planning application relating to PA 13/00183/A for erection of a replacement dwelling, addressing siting, design, external appearance, internal layout and means of access at "Clypse Lodge", Clypse Maor Road, Onchan. Isle of Man. IM4 5BG. Approved 9th February 2015. PA 19/00127/B - Variation of condition one of PA 14/01156/REM. Reserved Matters Application relating to PA 13/00183/A for erection of a replacement dwelling addressing siting, design, external appearance, internal layout and means of access, to extend the period of permission by four years at "Clypse Lodge", Clypse Moar Road, Onchan. Approved 24th May 2019.

6.0 REPRESENTATIONS

6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows:

Onchan Commissioners - Recommend the application is approved.

DOI Highway Services - No comments received.

Ecosystem Policy Team - Original objection. Further comments received raising no objection subject to conditions. Detailed comments The Ecosystem Policy Team confirm that Manx Bird Life's Bird Survey for Clypse Lodge dated February 2025, is all in order and that a suitable level of assessment has been undertaken. A robin nest site was found on the building and therefore avoidance and compensation is required since the works to replace the dwelling will result in the loss of this nesting space. A condition is therefore requested below for a nest box to be provided. This should be placed on a north-east to north-west elevation to prevent overheating. Arboricultural surveys have been provided, which show that a number of trees will need to be removed to facilitate the development, largely a number of small category C and U trees, though with some larger specimens. The removal of the trees will require mitigation in the form of new tree and hedge planting and measures will be required to protect retained trees and habitat during construction.

==== PAGE 7 ====

                                                 24/91421/B
                                 Page  7  of  10

Though a full bat survey, incorporating multiple evening emergence watches, has not yet been undertaken, we are content in this instance to request that this via a condition, because we have spoken to the Manx Bat Group about their initial assessment of the property for bats and they have confirmed that they are content with the approach. During their initial assessment they found no bats or evidence of bats, such as bat droppings, though due to the condition of the property the presence of bats could not be ruled out. We also recommend the Manx Bat Group undertake bat assessments on all of the trees to be removed. The demolition of the property must not take place between the dates of March - August inclusive, in order to avoid nesting birds. Even if demolition takes place outside of these dates, thorough checks for bats and birds must take place prior to demolition and should evidence of bats and birds be found, works must stop and advice be obtained from the Ecosystem Policy Team on 651577. Depending on the findings of the bat assessments, further recommendations on work timings may be required. We also advise that the removal of any scrub should be undertaken outside of the dates of March - August, in order to avoid nesting birds. If scrub removal is required during these dates then it must be first checked for nesting birds by an ecologist.

Senior Arboricultural Manager - Agree with comments and feel satisfied that the impact is acceptable and can be dealt with a pre commencement condition for tree protection.

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 principle of the demolition of the existing dwelling, the potential visual impact of the works to the countryside setting/landscape and impact of development upon trees and biodiversity.

PRINCIPLE OF DEVELOPMENT

7.2 Under the provisions of General Policy 3 and Housing Policy 4 of the Isle of Man Strategic Plan 2016, the erection of a replacement dwelling on a one for one basis is acceptable in principle and taken as a suitable exceptional circumstance to the general presumption against development within the countryside. Proposals for replacement dwellings must, however, comply with other relevant policies in the Strategic Plan, including Housing policies 12 and 14.

7.3 Regarding Housing Policy 12, it is noted that the dwelling is in a poor structural condition and not capable of being occupied without significant renovation and repair works. In considering whether the residential use of the dwelling has been abandoned, the Agent has provided further information, confirming that the existing dwelling has not been occupied for approximately 6-7 years but the property remains rated with the Treasury, with electric connected until 2021. The supporting information states that there has been a delay in redeveloping the property after the property was put into receivership in 2018, with the latest approval for a replacement dwelling having lapsed in 2023. Since 2018 there has been protracted legal proceedings which have recently been resolved, but such prevented any work being carried out on the site.

7.4 Having regard to the period of non-occupation and justification provided, it is accepted that the residential use of the dwelling has not been deliberately abandoned and if it were not for the legal proceedings there is every likelihood that the property will have been replaced before now.

7.5 The existing dwelling is in a poor condition and it is not considered appropriate for it to be modernised without significant investment and works to create a thermally efficient building and to upgrade the accommodation within to meet modern living standards. The dwelling is

==== PAGE 8 ====

                                                 24/91421/B
                                 Page  8  of  10

not of architectural or historic interest given its form of construction and finished appearance and materials. Having regard to the above, the demolition and replacement of the dwellinghouse is acceptable in principle and complies with HP12a.

7.6 With the principle being established, it remains to be assessed whether the proposed replacement dwelling would be acceptable particularly when considered against the requirements of Housing Policy 14. The policy sets out that replacement dwelling in the countryside should be no more than 50% larger in terms of floor area.

7.7 In this instance the existing dwelling has a floor area of approximately 233 square metres, whereas the proposal would have a floor area of 340 square metres which equates to an approximate 46% increase. Accordingly, the proposal could be considered to comply with this aspect of the policy.

IMPACT UPON THE CHARACTER AND APPEARANCE OF THE AREA/LANDSCAPE

7.8 Housing Policy 14 states that replacement dwellings which they replace and should be designed in accordance with Planning Circular 3/91 and General Policy 2 requires development to be well designed and to respect the character of the landscape. It is pertinent to note that the proposed dwelling is a match for the design previously approved in 2014 and 2019.

7.9 The proposed two storey replacement dwelling would have traditional elements in its design, with a pitched natural slate roof, two gable end chimneys, a central doorway, water table and verge details to both gable ends and a painted render finish. The proposed conservatory is not a traditional feature and neither are the bay windows, although these are common across the Island as acknowledged in Circular 3/91.

7.10 In regard to the visual impact upon the wider landscape, the site is relatively secluded, being screened by trees and hedgerows to all boundaries and on adjoining land. Although the proposals include the removal of some trees, the site will remain well screened and the new dwelling will not be visible other than from close proximity. The existing dwelling, in its poor condition, detracts from the immediate landscape setting and so its replacement will a well- designed, traditional style dwelling is considered to enhance the character and appearance of the area.

TREES AND ECOLOGY

7.11 The application is supported by an arboricultural assessment of trees within the application site. It identifies a number of trees with varying degrees of value ranging from Category U, Category C and Category B. The proposal is to remove 14 Cat U and C trees with all Category B trees being retained, as indicated on the Tree Removal plan.

7.12 The Senior Arboricultural Manager has confirmed that they do not object to the proposals subject to tree protection measures being conditioned for pre-commencement approval. These trees are of limited amenity value and their removal will not cause any significant harm to the character or appearance of the landscape. New tree planting to mitigate the removal of the trees can be conditioned.

7.13 Regarding ecology, the application is supported by a Bird Survey, which confirms the presence of a number of bird species within the existing dwelling and across the wider site. The Ecosystem Policy Officer is satisfied that the impact of the development upon birds can be suitably mitigated through the provision of replacement nesting features as set out in sections 6 and 7 of the Bird Survey Report.

7.14 Turning to the potential impact upon bats, it is noted that the Ecosystem Policy Officer has discussed the likely presence with the applicants appointed ecological consultants and that

==== PAGE 9 ====

                                                 24/91421/B
                                 Page  9  of  10

whilst evidence of bats was not identified initially, a precautionary approach is required, with a bat survey being conducted before any works commence. Such will allow the presence/absence of bats to be confirmed and if they are found to be present within the site, then suitable mitigation measures can be agreed.

7.15 Having regard to the above, it is considered that the development will have a limited impact upon trees, bats and birds and that subject to compliance with various conditions, the impacts can be suitably mitigated in order to maintain a favourable conservation status within the site.

OTHER MATTERS

7.16 The application will not result in any intensification in vehicle movements to the site, being a one for one replacement. The application secures garage parking for two vehicles with further parking space and turning areas to the front of the proposed dwelling. There will be no adverse impact upon highway safety as a consequence.

7.17 The proposed development will not give rise to any unacceptable impacts upon residential amenity, flood risk or other matters of recognised planning importance and complies with General Policy 2.

8.0 CONCLUSION

8.1 The proposed development proposals respect the site and surroundings in terms of the siting, layout, scale, form, design of building and the space around it. The proposals will not cause any significant harm the character of the surrounding landscape and comply with Circular 3/91 and General Policy 2 (b) & (c).

8.2 Furthermore, while the proposals will result in a larger dwelling on the site, the design and appearance is considered to result in an enhancement to the site and its landscape setting such that the proposals are justified and in accordance with Housing Policy 14 and Environment Policies 1 and 4 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

==== PAGE 10 ====

                                                 24/91421/B                                      Page  10  of  10

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. __

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: 20.06.2025

Determining Officer

Signed : C BALMER

Chris Balmer

Principal Planner

Customer note

This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/ customers and archive record.