Loading document...
==== PAGE 1 ====
25/90296/B
Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90296/B Applicant : Mr Andrew Cronin Proposal :
Planning Officer: Hamish Laird Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 08.05.2025 __
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.
N 1. The applicant is advised of the requirements of DoI Highways Drainage who comment that: "Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. The applicant should be aware of the clause above. As there are no levels or drainage details the applicant must demonstrate compliance with the clause."
This application has been recommended for approval for the following reason. The proposal complies with the relevant provisions in General Policy 2 a) b) and g); and, ENV22 and ENV23 in the Isle of Man Strategic Plan 2016, and should be approved.
Plans/Drawings/Information;
The development shall be carried out in accordance with the following approved plans and details: Vantage House - Drawing No. EX 001 Site Location Plan and Elevations Vantage House - Drawing No. PA 001 Site Plan Vantage House - Drawing No. PA 002 Rev. A - Proposed Site Plan with Visibility Splays Elevations of Planter on Garage Roof, Driveway Entrance, Carport and Greenhouse; All stamped received and dated 18th March, 2025.
==== PAGE 2 ====
25/90296/B
Page 2 of 7
__
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
Garff Commissioners - No final comments received.
Department of Infrastructure Highways Services - No objection.
Department of Infrastructure Highways Drainage - No objection - comments to be passed onto the applicant as an informative. __
Officer’s Report
1.0 THE SITE 1.1 The site is the residential curtilage of an existing detached dwelling comprising a three- storey house situated on a generous plot. The main house is a 4-bedroom house with a garage. The property also has an annex with 3 bedrooms. It is located on the south-west side of Baldrine Road where it is set back from the road from which it is screened by existing mature boundary. To the sites south-west and are fields, and to the south east the detached dwelling at Cummel Cheh. A detached dwelling at The Cabin adjoins the site to the north. A row of detached dwellings fronting Baldrine Road lies opposite the site to the north-east. The site lies within the settlement boundary for Baldrine.
2.0 THE PROPOSAL 2.1 The proposal is a full planning application for retrospective planning approval for:
2.2 The submitted Design and Access Statement advises that the development is as follows:
"1. The widening of the driveway entrance and addition of pillars. The existing entrance was incomplete and consisted of a sloped hardcore driveway with 'Manx hedging' on either side. The driveway has now been covered in a permeable resin bonded gravel finish, edged with a border of cobbles and the entrance and two stone clad posts were erected at either end of the driveway to finish off the Manx hedging.
==== PAGE 3 ====
25/90296/B
Page 3 of 7
biodiversity on the site. There are a number of bat and bird boxes installed on the rooftop (as well as elsewhere thought the property) to attract wildlife to the space. Frequent access to the rooftop will deter wildlife and is therefore not encouraged. We do not believe that this rooftop space will adversely affect neighbouring properties as they are a substantial distance away with the closest (Rowany) being approx. 23 meters away, Sunhill being 28 meters away and Struie being 29.5 meters away. The rooftop garden faces the front/road facing elevation of the properties and not the rear. The use of solid timber planters on the edge of the structure increases the level of privacy if compared to an alternative edge treatment such as a glass or metal balustrade.
The applicant advises: Town & Country Planning (Permitted Development) Order 2025 Class 13 Greenhouses states that one or more greenhouse or polytunnel within the curtilage of a dwellinghouse is permitted provided it adheres with certain conditions. In the case of this greenhouse it does comply with the conditions of area as it is 15 square meters, however it is 278mm higher than the condition of 2800mm above ground level and this application therefore seeks approval as it does not fall within permissible development.
The applicant advises: Town & Country Planning (Permitted Development) Order 2025 Class 17 Carport states that a carport is permissible provided there is no other garage or carport on the site. As there is already a garage on the site this carport would not fall under permissible development and the application therefore seeks approval. The carport is also slightly wider at 7 meters than the permissible development condition of 6.8 meters.
3.0 PLANNING POLICY 3.1 The site lies within an area designated on Area Plan for the East, Map 9 - Baldrine as Predominantly Residential. The site is not within a Conservation Area, a Flood Risk Area, or a Registered Tree Area, and there are no protected trees on site. As such, the following parts of the Strategic Plan are considered relevant:
3.2 The site lies within an area designated for residential use, see Strategic Policies 1 and 2, where there is a presumption in favour of residential development. This is subject to the general standards of development as set out in General Policy 2 as follows: "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: (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;
==== PAGE 4 ====
25/90296/B
Page 4 of 7
(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. (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (n) is designed having due regard to best practice in reducing energy consumption. "
3.3 Paragraph 7.34: Existing Settlements
7.34.1 Every settlement in the Island has its own individual character and identity which needs to be conserved and enhanced. If such characteristics and qualities are not to be lost, any new development must be appropriate to the locale in terms of scale, siting, design, relationship with other buildings and land uses. Area Plans should identify important spaces within settlements, whether in the form of village greens, squares or areas which simply add to the attractiveness and interest of particular areas which have positive amenity value. It is important to the attractiveness and individuality of centres that over intensive development is avoided as well as the gradual merging of towns and villages in order to preserve a sense of identity and sense of place. In terms of existing settlements, in both rural and urban areas, new development will be expected to follow the following design principles. Development will need to:
i. be of a high standard of design, taking into account form, scale, materials and siting of new buildings and structures; ii. be accompanied by a high standard of landscaping in terms of design and layout, where appropriate; iii. protect the character and amenity of the locality and provide adequate amenity standards itself; iv. respect local styles; and v. provide a safe and secure environment.
3.4 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are Environment Policy 22 relating to the impacts of new development upon residential amenity; and,
3.5 Environment Policy 23 which states: "When considering alterations and improvements to existing facilities the Department will require that consideration be given to the potential adverse impact of the proposed changes to existing neighbours."
3.6 Other policies
Strategic Plan Paragraph 8.12.1 As a general policy, in built up areas not controlled by Conservation Area or Registered Building Policies, there will be a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general.
The Isle of Man Residential Design Guideline in particular:
Relationship with adjoining properties - the applicant notes that the property is set a distance in excess of 20 meters away from its neighbours and the impact on the neighbours will be minimal as the rooftop space is not intended as an entertainment space but will be accessed mainly for gardening and maintenance. There is no direct access from the house and access is from an external staircase.
==== PAGE 5 ====
25/90296/B
Page 5 of 7
4.11 Roof Terraces, Balconies, Decking and Patios was consulted 6.3 Front gardens and driveways was consulted 7. Impact on neighbours was consulted including the 20 meter guide.
4.0 RELEVANT PLANNING HISTORY
5.0 REPRESENTATIONS
5.1 Department of Infrastructure Highway Services - comments "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the access proposals do not reduce the visibility from the access compared to the existing situation. DOI drainage should be consulted on the drainage implications of the drive sloping way from the site into the highway." (26/3/25).
5.2 Garff District Commissioners (14/4/25) - comments: "Please could the case officer on the following application be advised that Garff Commissioners will be making a submission on the 16th April 2025." No further comments had been received by the Report drafting stage on 8/5/25.
5.3 DoI Highways Drainage (29/4/25) - Comments: Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.
Recommendation: The applicant should be aware of the clause above. As there are no levels or drainage details the applicant must demonstrate compliance with the clause.
5.4 No neighbour representations had been received by the Report drafting stage (8/5/25).
ASSESSMENT 6.1 The issues in this case are the visual impact of the proposal on the streetscene and the character and appearance of the area.
6.2 The individual elements of the proposals as outlined in the description of the development in Section 2.00 of this Report accurately reflect the works that have been carried out and which the applicant seeks to retrospectively, retain. The dwelling is set back from the road and the completed works for the widening of the entrance drive and retention of the pillars either side of the entrance are considered to be acceptable.
6.3 In respect of the roof garden, it is noted that this element of the proposals is set back from the roadway from which the dwelling is well screened by existing vegetation, and that neighbouring properties are a substantial distance away with the closest (Rowany) being approx. 23 meters away, Sunhill being 28 meters away and Struie being 29.5 meters away. The use of solid timber planters on the edge of the structure would appear similar to wooden fencing, albeit at first floor level in relation to the dwelling. The visual impact of this element of the proposals is considered to be limited and as such accords with the provision s of Policy GEN 2 b), c) and g) in the IoMSP 2016.
6.4 In terms of impacts on neighbours amenities, the rooftop garden faces the front/road facing elevation of the properties and not the rear. The use of solid timber planters on the edge of the structure increases the level of privacy when compared to an alternative edge treatment such as a glass or metal balustrade. As indicated above, the rooftop garden is located a substantial distance away from any neighbouring dwellings and overall, it is
==== PAGE 6 ====
25/90296/B
Page 6 of 7
considered that there would be no unacceptably adverse impact on neighbours residential amenities. This accords with Policies GEN2 g), ENV22 iii and ENV23 in the IoMSP 2016.
6.5 Turning to the retention of the car port2, it is noted that the location has a number of trees overhanging the parking that were dropping leaves and branches onto vehicles. The timber carport consisting of timber posts, slatted timber wall on 3 sides and a slatted timber roof, with a stone plinth wall has been erected and allows for two vehicles to park close to the kitchen entrance serving the dwelling. The carport is screened from the road by vegetation and is only visible from inside the property. The carport covers an area of 39.5 square meters and is 2.6 meters high. It is considered that the retention of the car port is acceptable on both visual grounds and on the grounds that it would not result in any adverse impact on neighbours residential amenities. This accords with the provisions Policies GEN2 b) c) and G) in respect of visual impact; and, Policies GEN2 g), ENV22 iii and ENV23 in respect of neighbours amenities. All are as contained in the IoMSP 2016.
6.6 With regard to the retention of the greenhouse, this is located in the garden area to the rear of the car port close to the kitchen entrance and measures approx. 5.27m long x 2.7m wide. The greenhouse would cover an area of approx. 15 square meters and is 3.078m high. The greenhouse structure is presently stored on site, but has not yet been erected. It is considered that the proposed siting of the greenhouse would be acceptable in that there is sufficient space within the curtilage for it to be sited there, it would be located close to and would be screened by the existing dwelling; and, would be screened from neighbouring dwellings by the existing boundary hedging and trees on the site. The erection of the greenhouse is considered to be acceptable both on visual grounds and on the grounds that it would not result in any adverse impact on neighbours residential amenities. This accords with the provisions Policies GEN2 b) c) and G) in respect of visual impact; and, Policies GEN2 g), ENV22 iii and ENV23 in respect of neighbours amenities. All are as contained in the IoMSP 2016.
6.7 There are no parking or access issues arising from the development. The comments received from DoI Highways Drainage can be added as an informative to any Decision Notice in the case of an approval being granted. Overall, the character of the existing property and the character and appearance of the area and the street scene would be maintained. As such, the proposal complies with the relevant provisions in General Policy 2 b), c) and g); and, ENV22 and ENV23 in the Isle of Man Strategic Plan 2016.
7.0 RECOMMENDATION
7.1 The application is recommended for approval.
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.
==== PAGE 7 ====
25/90296/B
Page 7 of 7
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.
__
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
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.
Copyright in submitted documents remains with their authors. Request removal