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25/90220/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS Application No. : 25/90220/B Applicant : Mr Stephen Fisk Proposal : Erection of a detached garden room Site Address : Corneil House Quines Hill Port Soderick Isle Of Man IM4 1AY Principal Planning Officer: Belinda Fettis Photo Taken : Site Visit : Expected Decision Level : Officer Delegation Recommendation Recommended Decision: Permitted Date of Recommendation: 21.05.2025 __ 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. C 2. The outbuilding hereby approved shall be positioned in the location shown on the plan labelled Proposed Site Plan within approved Drawing no.A/PL_02. Reason: For the avoidance of doubt. This application has been recommended for approval for the following reason. As a result of the design scale and position within the curtilage the residential development is acceptable in accordance with 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 28th of February 2025. o Site and Location Plans, Drawing no.A/PL_01 o Existing and Proposed Plans, Drawing no.A/PL_02 __ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal:
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25/90220/B
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o Braddan Parish Commissioners - No Objection o Highway Services - No Objection __ Officer’s Report 1. THE SITE 1.1. The application relates to the north-east corner of the garden within the curtilage of Corneil House, a detached dwellinghouse on Quines Hill in Port Soderick. 1.2. North of the garden boundary there are agricultural fields. East of the garden boundary is the side elevation of the adjacent detached dwellinghouse, Sunnymeade Lodge and associated garden. 2. THE PROPOSAL 2.1. The application proposes construction of a detached outdoor flat roofed building with two openings for domestic use within the garden. 2.2. In support of the proposal the applicant has submitted plans comprising the position and dimensions of the proposed building; the details are below. o Length 8000mm o Depth 5500mm o Height 3500mm o Roof overhang of 900mm on the west elevation o Roof overhang of 300mm on the north and south elevations o Membrane roof finish in grey o Aluminium Bi-fold doors on the west elevation (3 pane) (aluminium o Aluminium single window on the north elevation o External wall finish in 'Hardieboard VL click in grey slate' o Rainwater goods in grey uPVC. 3. PLANNING POLICY Site Specific 3.1. The site is unaffected by any Public Rights of Way, flood zone or surface water flooding; although surface water flooding is recorded adjacent the site to the east. The site is not in or within the setting of a Conservation Area. There are no Registered Buildings or protected trees within or abutting the site. 3.2. On the Area Plan for the East, Proposals Map 3, the land not within an area designated for development, it is within the open countryside. 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. General Policy 2 states that where development is in accordance with the proposals map, the development should meet relevant criteria of the Policy. In respect of this application criteria (b) and (c) and (g) are considered relevant. (b) respects the site and surroundings in terms of the design. (c) does not affect adversely the character of the landscape or townscape. (g) does not affect adversely the amenity of local residents or the character of the locality;
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25/90220/B
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4. OTHER MATERIAL CONSIDERATIONS 4.1. Residential Design Guide (2021): General design principles and respect of neighbour amenity references back to General Policy 2. 4.2. The Town and Country Planning (Permitted Development Order) 2025, Schedule 1, Part 2 'Development within the Curtilage of a Dwellinghouse, Paragraph 19 Class 15, garden sheds, summer-houses and pergolas, development is permitted within the curtilage of dwelling house provided it meets the conditions (a) to (d) in addition to those specified in Paragraph 15. a) Height must not exceed 2.8 metres above ground level b) The ground area covered must not exceed 15 square metres c) No part of the summer house may be nearer to any highway which bounds the curtilage of the dwellinghouse. d) No part of the summer house maybe nearer than one metre to any part of the dwelling house or the curtilage boundary 5. PLANNING HISTORY 5.1. There is planning history on the site but none that is considered materially relevant to determine this application. 6. REPRESENTATIONS 6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only. 6.2. Local authority o Braddan Parish Commissioners - no objection (17.03.2025). 6.3. Statutory Bodies o Highway Services - No interest (07.03.2025). 7. ASSESSMENT 7.1. Principle 7.2. The site is within an area designated for development associated with residential use therefore the principle is acceptable. 7.3. Taking account of the above observations the key considerations in assessing this application are considered to be as follows. o (7.4) Design and its' impact upon the character of the locality o (7.5) Impact upon residential amenity o (7.6) Other matters 7.4. Design and impact 7.4.1. Due to the location and position within the site, the outbuilding would be seen primarily by agricultural workers, the applicant and neighbouring Sunnymeade Lodge, and no public views. 7.4.2. The design incorporates windows only on elevations facing away from Sunnymeade Lodge therefore the design respects the setting. The building is high for a domestic outbuilding however, due to its position being in part adjacent the side elevation of Sunnymeade Lodge it is considered that this position takes account of the setting. 7.4.3. Overall the design is simplistic and in keeping with a domestic setting. 7.5. Impact on Residential Amenity 7.5.1. The adjacent dwellinghouse side elevation protrudes approximately 6.3m from the rear elevation of Corneil House. On drawing no.A/PL_02 the proposed building is shown to be 1m
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from the boundary adjacent a 2m high hedge. The rear elevation of both dwellings are facing north and the outbuilding is single storey. 7.5.2. Based on the plan submitted, the outbuilding would appear approximately 1.5m above the hedge, and is measured approximately 4.5m beyond the rear elevation of the neighbour, and is positioned approximately 4m from the side elevation. 7.5.3. Taking account of the design, topography and measured distances, it is considered that the proposal is unlikely to cause harm to the residential amenity of Sunnymeade Lodge in respect of overlooking, overbearing and loss of light. 7.6. OTHER MATTERS 7.6.1. It is noted that as a result of the recent adoption of the Town and Country Planning (Permitted Development Order) 2025 the proposal would not be permitted development because the floor area exceeds (a) and (b). 8. CONCLUSION 8.1. As a result of the design scale and position within the curtilage the residential development is acceptable in accordance with General Policy 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. __ 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.
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Decision Made : Permitted
Date: 21.05.2025 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.
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