362778

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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 25/90855/A Applicant : Mrs Lorraine Lees Jweinat Proposal : Application in Principle (including details of means of access) for the erection of a dwelling with access onto Packhorse Lane Site Address : Land Between Newlands House And Briardene Main Road Baldrine Isle Of Man IM4 6DX

Principal Planner: Chris Balmer Photo Taken :

Site Visit :

Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 20.10.2025 __

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

C 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

Reason: To comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019

C 2. Approval of the details of siting, design, external appearance of the building[s], internal layout, drainage (foul & surface water) and landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.

Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019.

C 3. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.

Reason: To avoid the accumulation of unimplemented planning approvals.

C 4. Any future reserved matters application concerning trees shall include a detailed Arboricultural Impact Assessment and Tree protection Plan TPP to support the preposition that no trees will be lost.

Reason: In the interests of retention of existing trees and appearance of the area.

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C 5. The dwelling hereby approved shall not be occupied until the means of vehicular access and visibility splays as identified on approved drawing 25 1932 09 have been constructed in accordance with the approved plans, and shall thereafter be retained for access purposes only.

Reason: In the interests of highway safety.

C 6. Any future reserved matters application shall include details of bird boxes within the site.

Reason: In the interests of ecology.

This application has been recommended for approval for the following reason. At this stage the Department is comfortable that a single dwelling on the site could be accommodated; albeit a future Reserved Matters application would consider the detailed design of any dwelling and the potential impacts upon neighbouring amenities, visual amenities of the street scene and other matters outlined within this report. The access arrangement are to be considered at this stage and the Department finds these to be acceptable.

Accordingly, it is considered the proposal would comply with the relevant planning polices of the IOM Strategic Plan 2016, Residential Design Guide 2021 and the Area Plan for the East 2020

Plans/Drawings/Information;

This approval relates to the submitted documents and drawings reference numbers all received;

15.09.2025

25 1932 01 25 1932 02 25 1932 03 25 1932 04 25 1932 05 25 1932 06 25 1932 07 25 1932 08 25 1932 09 25 1932 SP 25 1932 PS - Planning Statement

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Right to Appeal

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

DOI Highway Services - No Objection Local Authority - No Objection

It is recommended that the owners/occupiers of the following property should NOT be given the Right to Appeal as they have NOT submitted an objection that meets the specified criteria:

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The owner/occupier of Ayngarth, Pack Horse Lane, Baldrine - Objection identifies land that is owned or occupied by the objector that would be impacted on, but such land is not within 20 metres of the site (and no Environmental Impact Assessment is required) (A10(2)(b)). __

Officer’s Report

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT

1.0 THE SITE 1.1 The site is a parcel of land approximately 743sqm in area which sits between the existing residential properties of Newlands House (applicant's ownership) and Briardene. Currently the plot of land forms part of the garden of Newlands House. The site sits on the eastern side of Main Road (A2 highway) which runs from Onchan to Laxey and through the settlement of Baldrine.

1.2 The topography of the site is such that is slopes downwards from the Main Road in an eastern direction by approximately 7.5m (from road level to eastern boundary of the site). Due to this level differences generally the properties which run along Main Road to its eastern side (same as application site), are generally two storeys in height to their front elevations (facing the Main Road) but to the rear are two half to threes storeys in height.

1.3 To the south eastern corner of the site (rear boundary) is an existing fence line with a pedestrian gate within currently, which leads to an overgrown lane and beyond to an existing vehicular access (overgrown) which accesses onto the turning head along Packhorse Lane to the south of the site.

1.4 The applicants have provided evidence (copy of an original drawing of area) that the site was originally identified as a plot of land, albeit the owners of Newlands House incorporate this plot into Newlands House curtilage. There was an additional plot to the north of Newlands House which was also incorporated into the Newlands House plot, which has subsequently benefited from planning approval (2006) for a separate dwelling which is now built.

2.0 THE PROPOSAL 2.1 The application seeks approval for the Application in Principle (including details of means of access) for the erection of a dwelling with access onto Packhorse Lane.

2.2 An indicative plan showing the footprint of the dwelling has been shown, albeit this only indicative at this stage. The dwelling would be sited between the existing properties Newlands House and Briardene. To enable such position a section of Newlands House (single storey extension) would need to be demolished. The indicative drawing also included a Sectional drawing (Nr 07) indicating how a three storey dwelling could be sited on the site and indicated that the proposed dwelling could have a ridge height set between the roof ridges of Briardene (height of 115.310) and Newlands House (111.530).

2.3 The indicative siting and layout (L-shaped footprint) also takes into account of three existing mature trees which are located to the south western corner of the site and are proposed to be retained.

2.4 The access arrangements are matters for consideration now, and these are proposed to reuse the existing overgrown access to the south-western corner of the site which runs to the turning head along Packhorse Lane to the south of the site. Visibility splays of 2.4m x 30m in an eastern direction are shown and 2.4m x 50 metres are shown in the southerly direction. The access and driveway/parking areas are shown as essentially coming from the rear of the site to the rear of the dwelling (parking potentially being at lower ground floor of dwelling).

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The existing "in and out" driveway which serves Newlands House would remain unaffected by the development and would remain solely for the occupiers of Newlands House.

2.5 The site does not directly adjoin the road side boundary with Main Road (to the east). An existing "in and out" driveway which serves Newlands House separates the application site with Main Road and there would be no direct access (pedestrian or vehicular) from the site to Main Road. This "in and out" driveway would remain in situate for the occupiers of Newlands House. The only access of the proposed new dwelling would be form the rear of the site to Packhorse Lane.

3.0 PLANNING POLICY 3.1 In terms of local plan policy, the application site is within an area recognised as being predominately residential use under the Area Plan for the East. The site is not within a designated Conservation Area or within an area identified as being at floor risk from river, tidal or surface water flooding.

3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application:

3.3 Strategic Policy 1 states: "Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."

3.4 Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."

3.5 Strategic Policy 4 (in part) Proposals for development must: (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect

3.6 General Policy 2 states: "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:

(a) is in accordance with the design brief in the Area Plan where there is such a brief; (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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (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;

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(j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."

3.7 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."

3.8 Environment Policy 42 states; "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."

3.9 The text preceding Environment Policy 42 gives helpful guidance for new development within existing settlements with respect to protecting the character and identity of the streetscene; "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."

3.10 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."

3.11 Transport Policy 7 states; "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7."

4.0 PLANNING HISTORY 4.1 The application site has not been the subject of any previous planning applications.

5.0 REPRESENTATIONS 5.1 Garff Commissioners have no objection to the principle (07.10.2025).

5.2 DOI Highways Services comment (22.09.2025):

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"After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as there is suitable vehicle access and visibility splays for the proposed dwelling onto the relatively slow speed and lightly trafficked Packhorse Lane. Conditions on vehicle access, visibility splays, turning and parking should be attached to any permission or be reserved matters."

5.3 Forestry, Amenity and Lands (DEFA) comment (29.09.2025); "Thank you for consulting with us on this current application. We have now had an opportunity to undertake a cursory desktop review and have the following comments. There are currently no registered trees impacted but there are other trees of note. The applicant has engaged us in a pre-application discussion given that there are two large trees constraining the proposal. Whilst currently we have no objection to an in principle development as detailed if this application moves forward we would require at detailed stage an AIA and TPP to support the preposition that no trees will be lost. Additionally there are no details of the drainage system and how the additional storm water load will be dealt with on site following the conversion of a permeable site to an impermeable site and this would require some further info."

5.4 Ecosystem Policy Team (DEFA) comment (03.10.2025); "General Stance No objection subject to condition

Detailed Comments o This application is for the erection of a new dwelling in an established garden. Indicative site plan drawings show that the property is to be constructed on lawn and an area of largely non-native plant species, but there will need to be hedge and shrub removal to facilitate the dwelling and drive. Details of replacement soft landscaping and bird boxes to mitigate vegetation removal should therefore be provided with the detailed application. We recommend that open fronted nest boxes on the retained trees are erected prior to hedge and shrub removal taking place. o Details of hedge and tree protection measures during construction should also be provided.

Potential conditions o The reserved matters application to be accompanied by a soft landscaping plan. o The reserved matters application to be accompanied by details of bird nest boxes. o The reserved matters application to be accompanied by hedge and tree protection measures.

Additional Information There could be potential for legally protected roosting bats in the single storey extension and void below this, which are to be demolished/removed to facilitate the proposed development. However, this potential is hard to determine from the information that has been provided. Prior to the reserved matters application being submitted, we therefore recommend that the applicants get in contact with the Ecosystem Policy Team on 685963 so that an assessment on the potential for bats can be organised."

5.5 The owner/occupier of Ayngarth, Pack Horse Lane, Baldrine objects to the application which can be summarised as (10.10.2025); there are 8 properties including our own that use Lower Packhorse Lane as sole access and the "turn around" at the bottom of the lane which is right on the proposed application is constantly used by all 8 properties and guest as well as service vehicles to turn around on this lane. All driveways are angled and difficult to just drive onto the lane; and any building works that block this will affect all 8 properties that need access.

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6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this planning application are; (i) The principle of the proposal; (SP1 & 2 and HP4); (ii) Potential impact on the neighbouring residents living conditions; (GP2); (iii) Potential impact upon visual amenities of the street scene (GP 2); (iv) Potential impact on highway safety for access/parking (TP 4 &7); (v) Potential impact on bio diversity (SP4b); and (vi) Ecology.

(I) THE PRINCIPLE OF THE PROPOSAL 6.2 As outlined within the planning policy section of this report, the site is designated as predominately residential use and therefore the proposal for residential development is acceptable in terms of complying with the land-use designation. It is noted that historically the site was designated as a plot and while the site/area has evolved since this time, for example Newlands House absorbed the plot into a larger single plot and extended into it with a single storey extension. It is noted that the plot size of the new dwelling is approximately 743sqm and that of the neighbouring site Briardene is approximately 826sqm. It is considered the size of the plot, is of a size to potential accommodate a single dwelling with appropriate garden, driveway and parking areas. At this stage there are no fundamental constraints that would weight against the approval of a single dwelling on the site, coupled with the size and layout of the application site, it is considered that the principle of a single dwelling is acceptable.

6.3 Furthermore, Strategic Policy 1 & 2 identify areas of development to be located, generally within existing towns and villages. Baldrine is identified within Spatial Policy 4 as a village which; "...development should maintain the existing settlement character and should be of an appropriate scale to meet local needs for housing and limited employment opportunities." While not once of the main settlements, it is still identified as a village and it is considered a single dwelling (need to be appropriately designed) on the site would still maintain the existing settlement character and be of a scale to meet local needs for housing. Accordingly, it is considered to accord to Strategic Policy 1 and 2, as a sustainable site within a designated village. This approach is further echoed within HP4.

6.4 This is not an automatic reason to allow the planning application, as further material planning matters as indicated previously need to be considered, to determine if this proposed dwelling on the site is appropriate.

(II) POTENTIAL IMPACTS ON THE NEIGHBOURING RESIDENTS LIVING CONDITIONS 6.5 The second issue relates to the potential impact of the development upon the residential amenities of neighbouring properties. The two dwellings most likely to be affected by any development of this site are Newlands House (applicant's ownership) to the north and Briardene to the south. However, there are no detailed plans of the proposed dwelling, only an indicative footprint/sectional drawing. Accordingly, this part of the proposal would be considered in detail when any future Reserved Matters Application would consider this aspect.

6.6 However, from the indicative information submitted, the Department is comfortable that a single dwelling on this site could potentially be accommodate on the site, without having a significant adverse impacts to neighbouring amenities (i.e. loss of light, overbearing and/or loss of privacy); albeit as mentioned until full details have been submitted it is not possible to fully consider this issue.

(III) POTENTIAL IMPACTS UPON VISUAL AMENITIES OF THE STREET SCENE 6.7 Again, without any details of the design of the dwelling it is not possible to determine the potential impact upon the visual amenities of the street scene. It is noted that the main public views would be when travelling along Main Road from the north and south of the site and immediately passing the site. It is also noted that mature landscaping, made up of hedgerows and trees currently exists which would potentially (depending on the size, siting and

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height of the dwelling) could mitigate potential impacts. However, a well-designed and appropriately sized/scaled dwelling could be designed to site neatly between the existing properties without having a significant impacts upon the amenities of the street scene.

6.8 The success of any future Reserved Matters application is to ensure any dwelling sits well between the two properties Newlands House and Briardene. From the information submitted and the indicative plans the applicants have identified the constraints of the site; i.e. trees to the south-western corner, the topography of the site, size/heights/roof ridges of the two neighbouring properties and neighbouring window positions and what rooms they serve. Accordingly, they have a good understanding of the site and surroundings. Accordingly, this gives the Department greater comfort that the applicants are fully aware of the issues which need to be taken into account when preparing a Reserved Matters application.

(IV) POTENTIAL IMPACT ON HIGHWAY SAFETY FOR ACCESS/PARKING 6.9 Highway Services have considered the merits of the proposal, access to and from the site from the highway, as well as parking and highway safety. As the transport professionals their comments are normally heavily relied upon. There is rightly some concern of the impact to the "turning head" at the end of Packhorse Lane and concerns this develop would impact this important turning area. Visiting the site it is the only turning facility (other than turning into a properties private driveway) to enable a vehicle to access Packhorse Lane onto the Main Road in a forward gear. The applicants are keen to highlight that when they initially submitted the application, they did not wish to include the turning head within the site (no works are proposed to it) but where advised by the Department that the red line should incorporate this feature. They commented; "...as we felt this would give the wrong impression to the immediate neighbours that we were changing the existing Turning Area, which we are not changing. The ability to turn vehicles around in the existing turning area located at the end of Pack Horse Lane remains the same and the proposed drive serving the new dwelling simply exits through the existing turning area. Hence there being no objection lodged by The Highways Division as this was fully discussed with the Highways Division at our site meeting on 26th June 2025."

6.10 It is clear that no works are being proposed to alter the turning head, only to reintroduce a vehicular access onto it which will have no impact on turning vehicles. Arguably, vehicles are less likely to park in the turning head with a driveway access onto it, as persons are less likely to block someone's driveway.

6.11 While the construction period is not a material planning matter, it is considered the site is of a size to accommodate the relevant construction requirements (storage & parking etc) without parking on Packhorse Lane.

6.12 Overall, given no objection being received by Highway Services to the traffic generated by the proposal and consideration that there would be no highway safety concerns, the Department from this perceptive considered the proposal is acceptable. In terms of providing two off road parking spaces and turning provision within the site the Department is comfortable at this stage that two off road parking spaces and turning facilities can be provided to the new dwelling, while also ensuring the existing dwelling has the same level of provision.

(v) POTENTIAL IMPACT ON TREES 6.13 As outlined previously, the footprint of the dwelling and its siting is indicative at this stage and therefore it is difficult to judge the potential impact upon the three trees to the south western corner of the site, which as outlined previously within this report are considered to be important landscaping features along this section of Main Road and should be retained. The Forestry, Amenity and Lands Division are content at this stage with the principle, albeit seek additional assessments. These should be conditioned should the application be approved.

(vi) ECOLOGY

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6.14 The Ecosystem Policy Team have raise no fundamental issues at this stage, but seek conditions be attached which require further details at a Reserved Matters Stage. These should be conditioned should the application be approved.

7.0 CONCLUSION 7.1 For the above reasons, at this stage the Department is comfortable that a single dwelling on the site could be accommodated; albeit a future Reserved Matters application would consider the detailed design of any dwelling and the potential impacts upon neighbouring amenities, visual amenities of the street scene and other matters outlined within this report. The access arrangement are to be considered at this stage and the Department finds these to be acceptable.

7.2 Accordingly, it is considered the proposal would comply with the relevant planning polices of the IOM Strategic Plan 2016, Residential Design Guide 2021 and the Area Plan for the East 2020 and therefore the application is recommended for an approval subject to conditions.

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.

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.

8.5 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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made: Permitted Date: 27.10.2025

Signed : Mr Chris Balmer Presenting Officer

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