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25/90338/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90338/B Applicant : Mr Daniel Shimmin Proposal : Erection of a pergola to the northwest elevation Site Address : Dreswick Linden Avenue Port St Mary Isle Of Man IM9 5ER
Planning Officer: Vanessa Porter Photo Taken :
Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 13.05.2025 __
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.
This application has been recommended for approval for the following reason. Overall the proposal is considered to be acceptable by not resulting in any new or increased impacts on the visual amenity of the surrounding streetscene or neighbouring amenity and as such the proposal complies with General Policy 2 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 31st March 2025; o Drawing No. 2018-01 o Drawing No. 2018-02 o Drawing No. 2018-03 o Drawing No. 2018-04 __
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No objection Port St Mary Commissioners - No Objection
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25/90338/B
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It is recommended that the owners/occupiers of the following properties should be given the Right to Appeal because: Handleys Cross - Objection relates to flooding/ drainage __
Officer’s Report
THE APPLICATION SITE 1.1 The application site is within the curtilage of Dreswick, Linden Avenue, Port St Mary which is a detached bungalow situated upon a corner plot where Queens Road meets Linden Avenue to the West.
1.2 Due to the properties location within the streetscene all elevations are viewed from a public vantage point depending on location.
THE PROPOSAL 2.1 The current planning application seeks approval for the erection of a pergola measuring 8.93m by 2.7m with a polycarbonate monopitch roof.
PLANNING HISTORY 3.1 There are two previous application upon the application site, PA22/01350/B - Roof space conversion including the installation of 5 velux windows and the installation of a replacement window to the rear - Permitted PA24/00013/B - Erection of oil tank (retrospective) - Permitted.
PLANNING POLICY 4.1 The site lies within an area zoned as Predominantly Residential on the Area Plan for the South, Map 7, Port Erin/ Port St Mary. The property is not within a Conservation Area or a Flood Risk Zone.
4.2 AREA PLAN FOR THE SOUTH 4.2.1 There are no relevant policies within the Area Plan for the South.
4.3 ISLE OF MAN STRATEGIC PLAN 2016 4.3.1 The Isle of Man Strategic Plan 2016 contains the following policies considered materially relevant to the assessment: o Strategic Policies 3 and 5 - promote good design and use of local materials and character o General Policy 2 (b, c, g, h, i) - general standards towards acceptable development visual and neighbouring amenity o Paragraph 8.12.1 - supports principle of residential development in zoned areas o Environment Policy 23 - any increased impact on neighbours. o Environment Policy 42 - promotes development taking account of locality in design. o Community Policy 7, 11 - prevent criminal activity and reduce spread of fire o Infrastructure Policy 5 - conserve the Island's water
4.4 RESIDENTIAL DESIGN GUIDANCE 4.4.1 The Residential Design Guide (July 2021) contains the following guidance also considered materially relevant: o Section 5 Architectural Details o Section 7 Impact on Neighbouring Properties
REPRESENTATIONS 5.1 The following representations can be found in full online, below is a short summery;
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25/90338/B
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5.2 LOCAL AUTHORITY
5.3 STATUTORY BODIES
5.4 OTHER REPRESENTATIONS
ASSESSMENT 6.1 There is a general presumption in favour of extensions or alterations to existing properties as per Paragraph 8.12.1 of the Isle of Man Strategic Plan, where such works would not have an adverse impact on either adjacent properties or the surrounding area in general.
6.2 In the case of this application, the property is situated within a corner plot and as stated in Section 1 of this report, the property is within a public vantage point, as such the erection of the pergola will be noticeable. Whilst this is the case, due to the existing extension to the North of the property, which steps out from the main dwelling, views of the proposal would be limited.
6.3 The proposal overall will be seen as a residential alteration within a residential environment and as such the character and appearance of the alteration is deemed acceptable and should not impact how the property is viewed within the streetscene.
6.4 Turning towards neighbouring amenity and the comments raised by 'Handley Cross,' which is adjacent to the application site, whilst the information within the application form states that the rainwater would be discharged the same as the main dwelling, this wasn't shown on the plans as such clarification was requested from the agent on behalf of the application who provided confirmation as a drawing of how the rainwater would be discharged. As such with this in mind and noting where the works themselves are in relation to 'Handley Cross," it is deemed that the proposal is unlikely to impact the neighbouring amenity of the surrounding properties enough to warrant refusal.
CONCLUSION 7.1 Overall the proposal is considered to be acceptable by not resulting in any new or increased impacts on the visual amenity of the surrounding streetscene or neighbouring amenity and as such the proposal complies with General Policy 2 of the Isle of Man Strategic Plan 2016.
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.
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25/90338/B
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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.
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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: 13.05.2025
Determining Officer Signed : C BALMER
Chris Balmer
Principal Planner
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