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25/90428/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90428/B Applicant : Mr Howard Mayo Proposal : Replacement of first floor window with door and conversion of existing extension flat roof to balcony to the rear elevation of the dwelling Site Address : Dreemskerry House Main Road Glen Vine Isle Of Man IM4 4AY
Planning Officer: Peiran Shen Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 05.08.2025 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The foundation of the proposal roof terrace, namely the existing flat-roof rear extension, does not have planning approval. No approval for the roof terrace can be granted until the unlawful extension has been resolved.
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: Marown Parish Commissioners - No objection
It is recommended that the owners/occupiers of the following properties should NOT be given the Right to Appeal because: Briarwood Main Road, Glen Vine - Objection does not relate to material planning considerations __
Officer’s Report
1.0 THE SITE 1.1 The site is Dreemskerry House, Main Road, Glen Vine, a detached house located on the south of Main Road, close to its junction with Glenlough Circle. The house has a mono-pitched
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25/90428/B
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roof side extension, a flat-roof rear extension, and a mono-pitched roof rear extension. The flat-roof rear extension is approx 4.1m wide and projects approx 3.9m from the rear elevation of the main house.
2.0 THE PROPOSAL 2.1 The proposal is the conversion of the roof of the flat-roof rear extension into a roof terrace. The proposal includes the installation of glass balustrades around the roof and the conversion of a rear window into a door to access the roof terrace.
3.0 PLANNING HISTORY 3.1 There is no previous application considered materially relevant to this application.
4.0 PLANNING POLICY Site Specific 4.1 The site is within an area designated as Predominantly Residential in the Area Plan for the East.
Strategic Policy 4.2 The Isle of Man Strategic Plan 2016 has the following policies that are considered materially relevant to the assessment of this current planning application: o General Policy 2 (b) (c) (g)
PPS and NPD 4.3 No planning policy statement or national policy directive is considered materially relevant to this application.
5.0 OTHER MATERIAL CONSIDERATIONS Strategy and Guidance 5.1 The Residential Design Guide (July 2021) has the following policies that are considered materially relevant to the assessment of this current planning application: o Section 4.11 Roof Terraces, Balconies, Decking and Patios o Chapter 5 Architectural Details o Chapter 7 Impact on Neighbouring Properties
6.0 REPRESENTATIONS 6.1 Marown Parish Commissioners have no objection to this application (28.05.2025).
6.2 Owners/Occupiers of Briarwood Main Road, Glen Vine wrote in (18.05.2025) asking about the design detail of the door, as well as other building work ongoing at the site.
7.0 ASSESSMENT Planning History 7.1 The existing flat-roof rear extension, which is measured approx 15.99 square metres, does not have planning approval.
7.2 The flat-roof rear extension commenced construction before the Permitted Development Order 2025 came into effect on 1st March 2025, meaning the Permitted Development Order available at the time was the Permitted Development Order 2012.
7.3 Class 14 of the 2012 PDO only allow extensions less than 15 square metres in total. The existing flat-roof rear extension is approx. 15.99 square metres, which is in addition to the existing mono-pitched roof extension on the side and rear elevations, exceeding the 15 square metre limit. Therefore, it is safe to conclude that the existing flat-roof rear extension does not have planning approval.
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25/90428/B
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7.4 This application is for a roof terrace, which is on top of an unlawful rear extension. The application cannot be approved until the extension becomes lawful.
8.0 CONCLUSION 8.1 The foundation of the proposal roof terrace, namely the existing flat-roof rear extension, does not have planning approval. No approval for the roof terrace can be granted until the unlawful extension has been resolved.
9.0 INTEREST PERSON STATUS 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.
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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 : Refused Date: 06.08.2025
Determining Officer
Signed : C BALMER
Chris Balmer
Principal Planner
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