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                                                 25/90409/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 25/90409/B Applicant : Mr Mike Holt Proposal : Replacement of garage and adjoining shed with a valeting bay including solar panels and car charger (retrospective) Site Address : BCC Cars Main Road Kirk Michael Isle Of Man IM6 1AD

Senior Planning Officer: Mrs Louise Phillips Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 18.06.2025 __

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

C 1. All external facing and roofing materials shall be as specified on Drawing No. 664 - 3 and the timber cladding to be used on the walls shall match that used on the existing sales office.

Reason: In the interests of the character and appearance of the site and surrounding area.

C 2. The building hereby approved shall not be used other than for the valeting and charging of vehicles in connection with the car sales business on the site and shall only be used for that purpose during the opening hours of the business.

Reason: To protect the living conditions of neighbouring residential occupiers.

This application has been recommended for approval for the following reason. The proposed development would preserve the character and appearance of the Kirk Michael Conservation Area and would cause no other harm. It would comply with the Development Plan and with relevant legislation.

Plans/Drawings/Information;

This approval relates to the following drawing numbers:

Location Plan, 664 - 4; Proposed Site Plan, 664 - 5; and Proposed Plan and Elevations , 664 - 3.

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                                                 25/90409/B
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Right to Appeal

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

DOI Highways Services: No objection __

Officer’s Report

1.0 THE SITE

1.1 The site is on the west side of Main Road, Kirk Michael, within the Kirk Michael Conservation Area (the CA). It is occupied by BCC Cars, a car sales business. The site is laid to hardstanding and there are numerous cars for sale parked on the forecourt. A small sales office and the partially constructed valeting bay, which is the subject of this application, are set against the rear western boundary of the site, away from the road frontage. These buildings back onto the gardens of residential properties in Kerrocruin, the neighbouring road to the west. The site is also bordered by residential properties to the north and by a large car park to the south.

2.0 THE PROPOSAL

2.1 The proposed development, which has commenced but is not completed, is the part alteration, part replacement of an existing linked garage and shed located in the south west corner of the site with a valeting bay to include an electric vehicle charging point. The valeting bay occupies much the same footprint as the previous building but it squares off the front corner where the shed was set back. It has a sloping roof which is approximately 30cm higher than the old one which was part-flat, part-pitched.

2.2 The garage/shed was stated to be timber clad with white PVC windows and the same finish is now proposed for the valeting bay. The latter would have a roller shutter door, large enough for vehicles, and solar panels would be attached to the roof.

3.0 PLANNING POLICY

Site Specific 3.1 As stated above, the application site lies within the Kirk Michael Conservation Area, designated for its special character. There are no Registered Buildings, Registered Trees or Registered Tree Areas that would be affected by the proposal. The site itself is not at risk of flooding, but an area at risk of surface water flooding lies to the immediate south.

1982 Development Plan 3.2 The site is within the village boundary and an Area of High Landscape or Coastal Value and Scenic Significance.

Kirk Michael Local Plan 1994 3.3 Paragraph 6.2 identifies the application site, then known as Michael Car Centre, as an "employer of significance".

3.4 Paragraph/Policy 6.4 supports the expansion of existing enterprises.

Isle of Man Strategic Plan 2016 3.5 Strategic Policy 1 supports development which optimises the use of redundant or under-used buildings; while Strategic Policy 2 and Spatial Policy 5 support new development primarily within existing settlements.

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                                                 25/90409/B
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3.6 Strategic Policies 3(b) and 5 concern the protection of local character and the environment; and Strategic Policy 4 requires development to protect or enhance the fabric and setting of Conservation Areas and the landscape quality of designated areas. Environment Policy 35 further requires development within Conservation Areas to preserve or enhance the character or appearance of those areas and to protect the special features contributing to their character and quality.

3.7 General Policy 2 provides that development in accordance with land use zoning and other relevant proposals and policies of the Development Plan will normally be permitted subject to certain criteria, including those below which are relevant to this proposal. The development should:

(b) respect the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) not affect adversely the character of the surrounding landscape or townscape; (g) not affect adversely the amenity of local residents or the character of the locality; and (l) not be on contaminated land or subject to unreasonable risk of erosion or flooding.

3.8 Environment Policy 2 seeks to protect Areas of Landscape or Coastal Value and Scenic Significance; and Environment Policies 10 and 13 relate to development at potential risk of flooding.

3.9 Environment Policy 23 requires consideration to be given to the potential adverse impact on neighbours when altering or improving existing facilities.

3.10 Business Policy 1 encourages the growth of employment opportunities provided they accord with the development plan.

Planning Policy Statement 3.11 PPS1/01 contains Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man.

4.0 OTHER MATERIAL CONSIDERATIONS

Legislation 4.1 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act".

4.2 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.

4.3 Given that the site is within a Conservation Area and adjacent to an area at risk of surface water flooding, the above requirements apply.

Guidance 4.4 The Kirk Michael Conservation Area Appraisal 2006 is a material consideration.

5.0 PLANNING HISTORY

5.1 03/00425/B: Erection of replacement sales and administration building with associated facilities and on site customer parking - Approved.

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                                                 25/90409/B
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6.0 REPRESENTATIONS

6.1 Highways Services - no objection (25/04/25): "...no significant negative impact upon highway safety, network functionality and/or parking as the proposed building is a similar size to the building it has replaced".

6.2 The following organisations were consulted on 25/04/25 and have not made comments at the time of drafting this report:

o Manx National Heritage o Manx Utilities Authority - Electricity o Michael Commissioners

7.0 ASSESSMENT

7.1 The main issue for consideration in the determination of this planning application is the effect of the proposed development upon the character and appearance of the Conservation Area.

The Conservation Area 7.2 The Kirk Michael CA was designated for its special character in 2006. The Character Appraisal explains that the settlement's linear form, open spaces, green areas, trees, archaeological sites and notable buildings are important in defining its special interest; and notes that commercial and community uses have long existed alongside the prevailing residential use. It acknowledges that there is no dominant architectural style and that many traditional buildings have been substantially altered. The application site is specifically referred to in the Appraisal as a detractor in the CA, but it is no longer unsurfaced with temporary timber buildings as described.

7.3 The sales office present on the site today was permitted under 03/00425/B and it is not a "temporary building". The garage/shed which is the subject of the current application is stated to have originally formed part of the adjacent property, "The Gables", which was once the village police station. Whilst is was shown to be removed on the approved plans for the sales office, clearly it was not, and no conditions attached to 03/00425/B specifically required its demolition. Thus it is a long established building on the site.

7.3 The valeting bay now proposed is in the same position as the original garage/shed and it is only very slightly larger. It will be timber clad like the sales building and, while the shallow sloping roof and roller shutter door will give it a functional appearance, these features are fit for purpose as part of a garage business adjacent to a large car park. The new building will remain a modest structure on the site as a whole and its appearance will be in keeping with its long-standing commercial nature. It will not compromise any of the distinctive features of the CA referred to in paragraph 7.2 above.

7.4 Consequently, the proposed development will preserve the character and appearance of the CA and, by delivering a permanent building fit for modern cars, it will address the concerns expressed in the Character Appraisal about the effect of temporary buildings on the site. It therefore complies with Strategic Policies 3, 4 and 5; General Policy 2; and Environment Policies 2 and 35 of the Strategic Plan. It also meets the requirements of Section 18(4) of the Town and Country Planning Act (1999).

Other Considerations 7.5 The site is in a built up area where the proposed development is acceptable in principle and it makes use of an existing building to support an established business. There is support for both these factors in the Development Plan policies outlined in Section 3.

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                                                 25/90409/B
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7.6 Insofar as it would respect the character and appearance of the CA, it would also respect the townscape generally, and would not harm the designated Landscape of Coastal Value. Given it would utilise part of the existing garage/shed and occupy almost the same footprint, it would not increase the risk of flooding to the south; and, taking account of the use of the site, it would have no significant additional impact upon neighbouring residential uses in respect of either noise or overlooking.

8.0 CONCLUSION

8.1 For the reasons given above, the proposed development would preserve the character and appearance of the Conservation Area and would cause no harm in respect of the other matters taken into account. Thus it would comply with the Development Plan and relevant legislation.

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. __

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 : 18.06.2025

Determining Officer

Signed : S BUTLER

Stephen Butler

Head of Development Management

Customer note

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