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25/90276/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90276/B Applicant : Mr Peter Vermeulen Proposal : Variation of Condition 1 of PA20/00514/B (erection of a detached replacement dwelling with integral garage) for a further two years commencing 11 June 2025 Site Address : Skeddan Veg Fort Island Road Derbyhaven Isle Of Man IM9 1TZ
Planning Officer: Lucy Kinrade Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
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 11th June 2027.
Reason: The application has been assessed on a two year extension beyond 20/00514/B only, and 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 air source heat pump (ASHP) shall be located as shown on the approved plans or at such other locations within the site as a maybe be approved in writing by the Department, such that the ASHP shall not result in a noise level that exceeds 42 dB(A)LAeq 5min (A- weighted equivalent continuous sound pressure level over 5 minutes) measured at 1m external to the centre point of any relevant door or window to any neighbouring building, measured perpendicular to the plane of that relevant door or window.
Reason: To safeguard the amenity of neighbouring property.
C 3. 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, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.
Reason: To control development in the interests of the visual and neighbouring amenities of the site and surrounding area.
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C 4. 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, car ports or any other free standing buildings shall be erected within the curtilage of the dwelling, other than that expressly authorised by this approval, without the prior written approval of the Department.
Reason: To control development in the interests of the visual and neighbouring amenities of the site and surrounding area.
N 1. The developer and owner of the appeal site is reminded of the separate provisions of Manx Marine Nature Reserve Byelaws, the Wildlife Act 1990 and Noise Act 2006 covering matters relating to areas of special interest, habitats and species potentially affected by the works to be undertaken on the site. Advice may be sought on these matters from DEFA Ecology/Biodiversity/Environmental Health.
This application has been recommended for approval for the following reason. There have been no significant changes to policy since the approval under 20/00514/B and no new issues to now warrant a different decision being reached compared to the approval at appeal on 11th June 2021. The application is still considered to have an acceptable visual impact, acceptable amenity impact and not considered to result in any new issues in respect of any flood risk. This application to vary C1 of 20/00514/B to allow a further two years is recommended for approval and accordingly C1 is to be reworded up until 11th June 2027, C2 in respect of the air source heat pump will be retained for continuity and a note retained in respect of ecology.
Plans/Drawings/Information;
This application relates to the following all date published online 12th Mar 2025: o Proposed site plan DWG P10-03 o Existing plans and elevations DWG P10-04 o Proposed plans elevations and sections DWG P-10-05 o Location and site plans and photographs comprising: DWG's P15-04, P15-05, P15-06, P10-01 and P10-02 o Cover letter o Historical info
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: o Local Authority - no objection o Department of Infrastructure Highway Services - 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: o Balladoyle, Fort Island Road, Derbyhaven __
Officer’s Report
1.0 THE SITE 1.1 The application relates to a site on which sits existing dwelling known as 'Skeddan Veg', Derbyhaven.
2.0 THE PROPOSAL
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2.1 Proposed is the variation of condition 1 of previously approved 20/00514/B for the erection of a replacement detached dwelling with integral garage which was approved at appeal 11th June 2021.
3.0 PLANNING HISTORY 3.1 The Inspector report for 20/00514/B stated "I have concluded that, overall, the proposed replacement dwelling would be acceptable in terms of its appearance and character and with respect to residential amenity and would make a positive contribution to the street scene, overriding the degree of non-compliance with HP14." The application was approved subject to the following conditions: o C1. 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.
o C2. The air source heat pump (ASHP) shall be located as shown on the approved plans or at such other locations within the site as a maybe be approved in writing by the Department, such that the ASHP shall not result in a noise level that exceeds 42 dB(A)LAeq 5min (A-weighted equivalent continuous sound pressure level over 5 minutes) measured at 1m external to the centre point of any relevant door or window to any neighbouring building, measured perpendicular to the plane of that relevant door or window. Reason: To safeguard the amenity of neighbouring property.
o N1. The developer and owner of the appeal site is reminded of the separate provisions of the Wildlife Act 1990 and Noise Act 2006 covering matters relating to habitats potentially affected by the works to be undertaken on the site. Advice may be sought on these matters from DEFA Ecology/Biodiversity/Environmental Health.
4.0 PLANNING POLICY 4.1 Site Specific 4.1.1 On the Area Plan for the South 2013 'Skeddan Veg' is within land designated as 'predominantly residential'. Part of the site is recognised as being at some surface water flood risk. Surrounding (but not including the site) are recognised areas of ecological importance, bird sanctuary and confirmed ASSI. There are no registered trees on the site and it is not within any conservation area.
4.2 Relevant policies of Area Plan for the South 2013 4.2.1 Designated as predominantly residential by the adopted Area Plan for the South 2013 (APS).
4.2.2 The APS identifies Derbyhaven as a 'group of houses in the countryside' that is not sustainable and has little or no scope for infilling, such that additional dwellings are not proposed and provides that any such applications will be judged on their merits.
4.2.3 Landscape Proposal 26 (LP26) of the APS states: "The character of the compact group [of buildings] at Derbyhaven arises largely from the setting between the foreshore and the green space of the airport and the golf course. Since the buildings are of mixed age, form, and style, there is no need to adopt prescriptive guidelines for extensions, but it is important to maintain the general coastal character as viewed on the approach from Castletown and from the pleasant green areas adjoining the bay." Derbyhaven is located within the Langness Rugged Coast Landscape Area E11 of the Manx Landscape Character Assessment, where supporting paragraph 3.23(v) of the APS seeks to avoid a visual amalgamation of roadside development.
4.3 Relevant policies of Strategic Plan.
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4.3.1 Isle of Man Strategic Plan 2016 (IMSP) contains a raft of Strategic Policies (StrP1-5) seeking optimal use of previously developed land, directing development to existing settlements and seeking building design which makes a positive contribution to the character and appearance of the Island in context, reflecting modern lifestyles including energy conservation.
4.3.2 Environment Policy 1 (EP1) protects the countryside and its ecology for its own sake.
4.3.3 General Policy 2 (GP2) sets out a range of requirements for new development, including that it should respect the site and surroundings in scale, form design and layout (b-c) and protect residential amenity (g).
4.3.4 With specific reference to replacement dwellings in the countryside, Housing Policy 12 (HP12) presumes in favour of replacement dwellings, provided the existing dwelling is not abandoned and is not of architectural or historic interest.
4.3.5 HP14 requires that: a replacement countryside dwelling must not be substantially different from the existing dwelling in siting and size unless changes would result in an overall environmental improvement; the new building should generally be sited on the existing footprint and have a floor area no more than 50% greater than that of the original building (measured externally and not including attic space or outbuildings). 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; and finishes should match 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.
4.3.6 Environment Policy 4 relates to habitats and nature conservation.
4.3.7 Environment Policies 10 and 13 relate to flood risk and ensuring works do not result in any increase of flood risk on or off the site.
4.4 Reference any relevant PPS or NPD o None
5.0 OTHER MATERIAL CONSIDERATIONS 5.1 Legislation o Section 68 of the Flood Risk Management Act (2013) indicates that any published Flood Risk Management Plan and the extent to which the proposed development creates an additional flood risk are material considerations.
5.2 Policy/Strategy/Guidance o Manual for Manx Roads - Sections on parking standards and access o Residential Design Guide - Sections 7 which covers loss of light and overshadowing as well as impacts upon outlook and privacy.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 DOI Highways - no highways interest (26/03/2025).
6.2 Malew Commissioners - no objection (09/05/2025).
6.3 DEFA Ecosystems - no objection subject to conditions (09/04/2025) - there are protected sites nearby and which are at risk of direct and indirect damage through pollution
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and surface water run off during construction. The application should note section 5 of Manx Marine Nature Reserve Byelaws which restricts depositing substances into Marine Nature Reserve. Responsible working methods should take place to ensure surface water runoff does not enter the protected sites. Additionally, vehicles entering and exiting the site should not drive over the opposite roadside bank, and there should be no materials stored in areas within or adjacent to the ASSI which could lead to erosion and damage to the sites and habitats. A condition for responsible working methods to be submitted prior to works taking place is requested.
6.4 The owners of Balladoyle, Fort Island Road - Objection (letter date received 04/04/2025) - o The dwelling is 80% larger than the existing building and contrary to planning policy framework where such replacements in the countryside are restricted to being no more than 50% larger. Derbyhaven has been officially confirmed as being in the countryside therefore the application rejected on this basis alone. o The proposal is much larger, higher and repositioned in such a way that it would have substantial detrimental effect on our property in terms of light, privacy and outlook. o The existing dwelling is in good condition and blends into the landscape. The larger replacement would be more intrusive and prominent in the streetscene and blocking views from coastal road and round the Island footpath. o Since 20/00514/B government policy has shifted towards avoiding waste to combat climate change. This appear to be extremely wasteful to demolish a perfectly good house. Better alternatives would be a tasteful extension or a new house on an unbuilt site.
6.5 The following were consulted but no comments received at the time of writing the report 12/05/2025: o Manx Utilities - electricity
7.0 ASSESSMENT 7.1 Planning history shows that approval was granted at appeal for 20/00514/B on 11th June 2021 with a 4 year implementation period up until 11th June 2025. This application now seeks to vary condition 1 of that approval for a further 2 years taking the implementation period up to 11th June 2027.
7.2 The key issues to consider in the assessment of the application is whether there have been any changes to circumstances, planning policy or any new material considerations since the original approval in 2021 which would now justify a different decision being reached.
Changes to Planning Policy 7.3 There have been no changes in planning policy or circumstances since the last approval in 2021. The scheme duplicates exactly that as previously approved under the same policy testing that applies now and so it would be unreasonable to now refuse the application on this grounds.
Consultees 7.4 There remains no objections from the Commissioners and DOI Highway Services have indicated no highways interest.
Ecology 7.5 DEFA Ecosystems have raised comments regarding the nearby protected areas and potential concerns during the construction phase on these areas. They have sought a condition for responsible working methods to be submitted prior to any works being undertaken.
7.6 The Inspector for the previous approval addressed Natural Habitats at para's 62 and 63 stating,
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"62. DEFA Biodiversity commented on the previous 2019 application and, although they have not commented on the current proposal, for completeness the points raised are considered here. 63. The site is close to, but is not within an ASSI, Bird Sanctuary or the Area of Ecological Importance. In terms of impact on nesting birds and local habitats in general, the site and surrounding area is already subject to a high level of activity through the comings and goings of residents, recreational walkers, golfers and those pursuing water sports. This proposal for continued residential use would be expected to result in any new impacts on the area compared with the use of the existing dwelling, Construction are subject to other legislation and works which may result in an impact on protected species would be subject to the Wildlife Act 1990. Planning conditions are not necessary. An advisory note, as attached to the initial approval, is sufficient."
7.7 There would be no reason to reach a different decision in this case. DEFA have advised of provisions of the Byelaws in respect of Marine Nature Reserves and the Wildlife Act 1990 covers a number of matters including protected species, habitats and land of special interest. Problems occurring during construction e.g. Noise, dust vehicles etc are not a material planning consideration. Therefore a note to remind the applicant of their obligations under the separate Byelaw and Acts would be sufficient in this case.
Third Party Objections - Amenity and Climate Change 7.8 Comments have been received from neighbouring property Balladoyle. These share concerns in respect of size, scale, orientation and the impact on their property in terms of light, privacy and outlook. The Inspector for 20/00514/B concluded,
"55. While the previous application had a number of corner windows that partly faced the sea and partly Balladoyle, the proposed application contains only a door to a garage, a door to a utility room and a garden store on the ground floor and no windows on either the ground or first floor of the elevation that faces Balladoyle, except for some high level roof lights. There would be a balcony facing the rear but this would be enclosed on the sides, limiting overlooking. The new proposal thus overcomes previous objection in respect of loss of privacy. 56. In terms of loss of outlook and light, the dwelling presently proposed would be sited further from Balladoyle, being now 12-14m away. This, together with the pitched roof, allows for greater light to and outlook from Balladoyle, such that the effect is considered acceptable, particularly bearing in mind that the principal elevation of Balladoyle faces the sea, rather than the appeal site. 57. In respect of privacy on the land in the front of Balladoyle, this is open potential overlooking from any number of the public using the road, as well as from neighbouring properties."
7.9 The proposal has not changed physically since its 20/00514/B approval and so there would be no reason to reach a different decision in this respect and amenity is still considered acceptable.
7.10 The objector also raises matters in respect of climate change. Since 20/00514/B the Climate Change Act has been approved and this shows the direction of travel moving forward. In planning terms there are 6 areas; the maximisation of carbon sequestration; the minimising of greenhouse gas emissions; the maintenance and restoration of ecosystems; biodiversity net gain; the need for sustainable drainage systems; and the provision of active travel infrastructure. However, until an Appointed Day Order brings into force any new Isle of Man Strategic Plan and policies covering those 6 areas, or any Planning Policy Statement or National Policy Directive is brought in covering the same then the Climate Change has very little weight in this planning application consideration.
Other Matters - surface water flood risk 7.11 Part of the site at the rear is recognised as being at some surface water flood risk. The proposal would not seek to make this any worse than the existing dwelling on the site minded that the existing and proposed site section shows the new dwelling sitting at a level lower than
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the main road passing the front of the site. The proposed site plan also details a new surface water drainage system within the site. The proposal is not considered to result in any new or increased adverse flood risk impact on or off the site.
7.12 Since the original approval 11th June 2021 the Town and Country Planning (Permitted Development) Order 2025 (PDO) has been approved and come into force. This allows for greater levels of development compared to previously, particularly in respect of extensions (including porches, side and rear extensions and dormer extensions) and for standalone structures (including larger garages, pergolas etc). Mindful of the careful assessment of the proposed replacement dwelling as part of 20/00514/B particularly in respect of visual impact on the streetscene and immediate area, as well as the design and its impact on the amenity of neighbours, it would be pertinent to ensure suitable assessment for any future works in particular for any extensions or free standing structures as part of a planning application and so those parts of the PDO revoked accordingly.
8.0 CONCLUSION 8.1 There have been no significant changes to planning policy since the approval under 20/00514/B and the application is still considered to have an acceptable visual impact, acceptable amenity impact and not considered to result in any new issues in respect of any flood risk to warrant a refusal. Therefore approval is to be granted subject to vary C1 of 20/00514/B to allow a further two years up until 11th June 2027, C2 in respect of the air source heat pump will be retained for continuity, additional C3 will be added to revoke certain parts of the Permitted Development Order 2025 in the interest of visual and neighbouring amenity, and an updated note in respect of ecology will be added.
Process of Determination 8.2 The application is recommended for approval via delegated powers as it is not considered to meet any of the tests of the Planning Committee Standing Orders 2024_01 specifically 2(1) which states "Those applications falling within the following categories are to be considered by the Planning Committee except in circumstances where the application is similar in nature to a previously approved application to which there are no more than relatively minor differences." It is considered in this case that the scheme duplicates 20/00514/B and so is the same in nature as to warrant being an exception in this case.
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
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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 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 : 12.05.2025
Determining Officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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