DEC Officer Report

Application No.: 21/00737/B Applicant: Mr Mark Grace Proposal: Erection of a detached dwelling Site Address: Vacant Plot (Plot 3) Plot Adjacent To Hazelwood House Ballaragh Road Laxey IM4 7PH Planning Officer: Mr Paul Visigah Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 21.03.2022 _________________________________________________________________

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. Prior to the commencement of the development hereby approved, an on-site Montbretia Control Plan which sets out measures to prevent the spread of Montbretia which is a nonnative invasive plant species shall be submitted to and approved in writing by the Department. The development shall not take place other than in accordance with that Plan.

Reason: To ensure that Montbretia is not spread via course during the construction phase of the approved development.

• C 3. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking in the interests of highway safety.

• C 4. Prior to the commencement of the development hereby approved, the flood protection details at site entrance and drainage management for the site shall be submitted to and approved in writing by the Department. The development shall not take place other than in

accordance with the agreed details and shall be permanently retained thereafter in accordance with the approved scheme.

Reason: To ensure that adequate drainage/flood control measures are provided, and retained, in the interests of the amenity of the area.

• C 5. Prior to the commencement of the development a scheme which shows the following shall be provided and shall be fully implemented prior to the occupation of any dwelling;

• o Bat and bird boxes installed high up under the roof line;
• o Bird bricks installed on the North-west elevation;
• o Bat bricks installed on the south east elevation. Reason: In the interest of biodiversity within the site.

This application has been recommended for approval for the following reason. It is considered that the planning application is in accordance with General Policy 2 of the Isle

• of Man Strategic Plan 2016 and the relevant sections of the Residential Design Guide 2019 and it is therefore recommended that the planning application be permitted. Plans/Drawings/Information; This approval relates to:
• o Site Photographs, 3D Imaging, Planning Statement, Covering Letter, and Drawing Nos. 20 1479 01, 20 1479 02, 20 1479 03, received 30 June 2021; and
• o Site Photographs, Drawing Nos. 20 1479 04 Rev A, and 20 1479 05, date stamped and received 12 November 2021. _______________________________________________________________

Interested Person Status

Additional Persons

It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

Hazlewood House, Ballaragh Road, Laxey; Ballaquirk Lodge, Ballaragh Road, Laxey;

as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status.

It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

Cor-Valley, Ramsey Road, Laxey, is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy

It is recommended that the following Government Departments should not be given Interested Person Status on the basis that although they have made written submissions these do not relate to planning considerations:

The Isle of Man Land Registry _____________________________________________________________________________

Officer’s Report

THE APPLICATION IS BROUGHT BEFORE THE COMMITTEE AS THE LOCAL AUTHORITY HAS MADE WRITTEN REPRESENTATIONS OBJECTING TO THE APPLICATION AND THE APPLICATION IS RECOMMENDED FOR APPROVAL.

1.0 THE SITE - 1.1 The application site comprises of a parcel of land that is located between existing residential developments on the southern side of the B11 (Ballaragh Road) in Laxey. The site represents Plot 3, which was previously a part of a large residential plot that has been split into three plots with the other plots (Plots 1 and 2 having been finished for some time). The site frontage is bounded by a 2.1m high Manx stone wall interspaced with masonry rendered stone pillars with bevelled tops (2.4m high), with its centralised access having two of the masonry rendered pillars on both ends. - 1.2 Like the neighbouring properties on this side of Ballaragh Road, the site sits on a steep landscape which rises to about 6m from the southern boundary to its northern boundary. The site slopes downward from north to south with Ballaragh Road sitting about 10m higher than the land immediately to the rear of the proposed house. The land currently slopes downward at a slope of 8 - 10 degrees. - 1.3 The locality comprises a mix of single, split level and two storey detached dwellings, with a significant proportion of them rendered and finished in a light colour, and many having pitched or hipped roofs. A number of the properties are modern, with a varied range of designs, themes and character that reflect their age. There is no dominant design type or prevailing building line.

2.0 PROPOSAL - 2.1 The application is for the erection of a detached split level dwelling with garage. Due to the sloping nature of the site the house is cut into the hill side and from Ballargh Road would appear as a bungalow, although there would be glimpses of the two storey element to the rear. - 2.2 The property would have an open plan kitchen/sitting/dining area, a lounge, guest room, utility, entrance, three garages, and deck area on the ground floor, while the lower ground floor will house a cinema/gym, four ensuite bedrooms, a study and a lower deck area. - 2.3 The applicants have provided a planning statement which concludes by stating the following:

• o The design of the proposal has been carefully considered with regard to both neighbours but in particular the occupants of Hazlewood House who have been consulted through the design development process and prior to any submissions.
• o Overlooking and the perception of overlooking has been considered by situating the proposal further away from Hazlewood House than the current planning approval:

• - With the careful design of minimal glazed elements to the west elevation.
• - With considered design of the proposed balcony, allowing enjoyment of the outlook from the proposal but with a substantial reduction in area. The previously approved balcony position allows a greater area of direct overlooking to Hazlewood House.
• - With lower ridge levels adjacent to Hazlewood House.
• - With shorter wall mass along the Hazlewood House boundary. The previous approval shows approximately 35.5m of wall area facing the Hazlewood House boundary. We propose 18.5m of wall area to the same boundary, situated further away.

• o The darker coloured materials would sit more comfortably within the landscape than the more dominant white painted walls of surrounding dwellings.
• o The design is more contemporary utilising newer building materials and themes whilst using traditional external finishes such as slate, timber and render. These materials are in keeping with the area and would clad a highly insulated form, designed to exceed the current heat loss requirements.
• o The proposals to meet current planning policies with regards to use, siting, design and materials.

3.0 PLANNING POLICY - 3.1 The application site is within an area zoned as 'Predominantly Residential Use' on the Area Plan for the East (Map 7 - Laxey), and the site is not within a Conservation Area. The site is not at risk from flooding nor are there any Registered trees on the site. The site is also not within a Registered Tree Area. As such, the following Strategic Plan policies are considered relevant: - 3.2 The Character Appraisal within the Area Plan for the East states thus concerning the area: "Landscape Character Area: Laxey (D2)

• 3.2.1 Landscape Strategy Conserve and enhance:

• a) the character, quality and distinctiveness of this area, with its relatively sparse settlement other than the characteristic settlement of Laxey;
• b) its distinct small-scale field pattern;
• c) its valley bottom woodland along National Glens;
• d) the setting of the various historic and archaeological features within the area.

• 3.2.2 Key Views Dramatic views to an Upland backdrop to the North and West. Channelled views East and West along the corridor of Laxey Glen. Views to the instantly recognisable Lady Isabella water wheel as a landmark within the area. Panoramic views eastwards across the sea from areas of higher land within the character area.
• 3.3 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:

• 3.3.1 General Policy 2: "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:

• (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;
• (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;

• (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."

• 3.2.2 Housing Policy 6 states: "Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive."
• 3.2.3 Strategic Policy 5: New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies.
• 3.2.4 Housing Policy 4: New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions 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.

• 3.2.5 Strategic Policy 1: Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and underused 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.

• 3.2.6 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."
• 3.2.7 Environment Policies 4 and 5 seek to protect the ecology of sites and important habitats.

- 4.0 OTHER MATERIAL PLANNING CONSIDERATIONS

4.1 Whilst not adopted planning policy, DEFA's Residential Design Guide (2021) is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions…". Sections 2.0 on Sustainable Construction, and 7.0 which deal with impact on neighbouring properties are considered relevant to the current scheme. - 4.2 The Isle of Man's Biodiversity Strategy (2015 - 2025)

• 4.2.1 "Species conservation To effectively conserve rare species requires evidence-based policies and measures, which in turn need data from studies undertaken on the Island or in comparable places. Conservation measures may include law enforcement or incentives to land managers for habitat management such as grazing or control of non-native species.

The Isle of Man Delivery Plan will identify species and habitats requiring action (Biodiversity Action Plans). Work on the plans and conserving some plants and animals has already begun. For example bee orchid, basking shark and red-billed chough are subject to dedicated programmes of research and conservation. Key species and priority habitats will be identified and plans drawn up".

- 5.0 PLANNING HISTORY

5.1 The application site has been the subject of a number of previous planning applications for its development for residential use which are considered to be specifically material to the assessment of this current planning application.

5.2 The most recent application for the site PA 20/00715/B was approved in October 2020. This application is the same as the extant application under PA 16/00857/B. This was submitted to enable the extension of the four year implementation period as the previous application was to expire in November 2020. - 5.3 PA 16/00857/B for Erection of a detached dwelling with garage - Approved. This application became void in November 2020 as it was not implemented within the required four year period. This application was a replica of the 2010 approval which had subsequently lapsed. - 5.4 PA 10/01860/B for Erection of a dwelling (comprising amendments to 06/01756 REM) Approved. This altered the position of the proposed building as the plan was flipped to place the garage on the boundary with Hazlewood, rather than its previous position close to Ballaquirk Lodge. - 5.5 06/01756/REM for Reserved matters application (re 06/01251A) for the erection of a split level dwelling and garage on Plot 3 - Approved. - 5.6 PA 06/01251/A for Approval in principle for the erection of three detached split level dwellings with associated garages on Plots 1, 2 and 3 - Approved. All the buildings were to be identical, with the only difference being the position of the garages. The dwellings were designed with large first floor balconies at the rear with views to the neighbouring curtilages from the balconies (as there was indivisibility from the balconies).

6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' in the letters dated 16 July 2021/18 November 2021.

6.2 Department of Infrastructure (DOI) Highways Drainage:

• 6.2.1 Consultation dated 6 August 2021: They asked that decision on the application be differed pending submission of further information regarding drainage arrangement at the site.
• 6.2.2 Consultation dated 17 December 2021: They state that they would be satisfied with a planning condition stating that the flood protection details at site entrance must be agreed with FMD and DOI Highway Services before

• any work commences on site. They note that there are a couple of existing road gullies that drain into the site which should ideally be connect to the ditch running down the east side of the plot but further investigation is required as to its capacity and downstream route.
• 6.3 DEFA's Inland Fisheries Officer has made the following comments regarding the application in a letter dated 06 December 2021:

• They have no objection to the proposed development, provided that the precautions that have been considered by the applicant are followed and there is no disturbance of the watercourse. o The applicant is advised to contact DEFA when works are due to commence.

6.4 Consultation from DEFA's Ecosystem Policy Team:

• 6.4.1 Letter dated 30 July 2021:

• o The team notes that the site is developing a thick gorse scrub ground cover, which has potential for nesting birds.
• o They advise that gorse removal should take place outside of nesting season to lower the risk to nesting birds and to avoid delays to building work should nesting birds be present.
• o They advise that thorough checks for nesting birds must be undertaken prior to vegetation removal, and if nesting birds are present then removal must be delayed until nesting has finished and the young have fledged.
• o They advise that that the applicant could include bat and bird bricks on the new property as an enhancement for wildlife due to the suitability of the new property. Bricks can be incorporated to work with wood cladding. Both bat and bird boxes should be installed high up under the roof line. Bird bricks would be most suitable on the North-west elevation and bat bricks on the south east elevation.

• 6.4.2 Letter dated 02 December 2021:

• o They note that montbretia which is a non-native invasive plant species is present on the site.
• o They advise on the primary mode of spread on sites.
• o They recommend that a condition is secured for a responsible on-site montbretia control plan to be produced, to ensure that it is not spread via the construction works. This should be provided to Planning for written approval prior to works (most importantly enabling working include ground clearance) taking place.

6.5 The Isle of Man Land Registry has written in to state that they have been contacted by their advocates of the neighbouring property at Hazlewood House to investigate a potential error on their title deeds and that of the application site (Plot 3). They state that it does appear that certain covenants have not been included on these titles and that one of the covenants is not to build in front of a build line on plot 3. They conclude by stating that they are currently considering rectification of both titles (11 November 2021). - 6.6 Garff Commissioners have made the following comments on the application:

• 6.6.1 3 August 2021:

• o There are concerns with the design and siting of the proposed dwelling.
• o Concerns include height, and its design which is a departure from the style of the neighbouring dwellings.
• o The footprint of the building is too low on the plot, particularly in the context of the landscape.
• o They opine that the dominant position of the proposed building over the Laxey Conservation Area was considered a concern.
• o They state that a building that was more integrated into the landscape would be more acceptable.
• o They state that a consensus was that no further development should be permitted in the vicinity until all flood mitigation works were completed.
• o They object to the proposal.

• 6.6.2 23 November 2021: o They advise that their previous objection remains after reviewing additional documents submitted.
• 6.6.3 29 November 2021: o They advise that their previous objection remains after reviewing additional documents submitted.

6.7 Manx National Heritage advice on thick gorse scrub which has overgrown the site and its value as a nesting and roosting site for a number of bird species. They recommended that the gorse be checked for nesting birds or basking common lizards prior to any works taking place (24 November 2021). - 6.8 The owners/occupiers of Hazlewood house, Ballaragh Road, Laxey object to the application on the following grounds (28 July 2021/16 September 2021/26 November 2021):

• o The current application is a break of the build line restriction agreed with the previous
• owner of the plot.
• o The design is not coherent with the original application appearance.
• o The timber clad finish is not in keeping with the existing application.
• o The siting is not on the previously approved footprint.
• o There would be impacts on their privacy as a result of the change in position.
• o Loss of light
• o Impact on outlook
• o Impact on property value.

6.9 The owners/occupiers of Ballaquirk Lodge, Ballaragh Road, Laxey object to the application on the following grounds (3 August 2021):

• o Building not on prevailing building line in area.
• o Loss of privacy
• o Building is not in line with character of the area.

6.10 The owners/occupiers of Cor-Valley, Ramsey Road, Laxey object to the application on the following grounds (3 August 2021):

• o Inadequate drainage
• o Overpopulation in area

- 7.0 ASSESSMENT

7.1 The fundamental issues to consider in the assessment of this current planning application are:

• i. The principle of the proposal;
• ii. Potential impact on the neighbouring residents living conditions;
• iii. impact on the character of the wider residential area; and
• iv. Potential impact on highway safety for access/parking provision.
• v. Impacts on Ecology

7.2 The principle of the proposal (GP2, HP 4, SP 1)

• 7.2.1 As outlined within section 3 of this report, the site is designated as predominately residential use on the area plan and as such the proposal for residential development is acceptable in terms of complying with the land-use designation.
• 7.2.2 It is also considered that Housing Policy 4 and Strategic Policies 1 require that new dwellings be located within existing settlements or sustainable urban extensions; being located so as to utilise existing and planned infrastructure, facilities and services and development should optimising the use of previously developed land. This proposal would meet these aims which essentially seek development within exiting settlements rather than the countryside.

• 7.2.3 Based on the foregoing, it is considered the principle of developing the site for residential use is acceptable. It is also vital to note that the site is large enough to accommodate a dwelling of the proposed size with sufficient room to provide for the required parking and turning arrangements. The acceptability of the entire scheme would, however, be determined by the outcome of the assessment of the other matters listed within paragraph 6.1 of this report which still need to be considered acceptable.
• 7.3 Potential impact on the neighbouring residents living conditions (GP 2)

• 7.3.1 With regard to impacts on neighbouring residential amenity, the property most likely to be impacted by the new development would be 'Hazlewood house' the split level detached dwelling situated on the west elevation of the proposed dwelling, given that the new dwelling would be situated about 8m (at the closest point) from this dwelling with windows set at a slightly higher level over this dwelling. However, any impacts to overlooking is diminished by the fact that the ground floor which has elevated views over this neighbour would have less windows with smaller areas comparative to the building previously approved for this site, with the intervening hedging serving the restrict views to this neighbouring property. Also, the upper deck area which offers views to this neighbour has been significant reduced in area with only a 1.6m section having direct views to the neighbouring property; a condition that is significantly improved over the previous design which had a large balcony with a 6.8m section offering views to Hazlewood house; although it is also considered that the existing mature hedging on the boundary which is considerably close to Hazlewood house would screen views to this neighbour.
• 7.3.2 While the new dwelling is proposed to be pushed further into the site by about 7.7m beyond the position of the recently approved dwelling under PA 20/00715/B (and about 2.5m beyond the position of the building approved under PA 06/01756/REM, the lowering of the ridge levels adjacent to Hazlewood House by about 800mm, the shortening of the wall mass along the Hazlewood House boundary from 35.5m to 18.5m of wall area, as well as the positioning of the proposed dwelling 2.5m away from the recently approved position would ensure that there are no overbearing impacts even if the new dwelling is on a slightly elevated position compared to Hazlewood House. It is also considered that no loss of light would result, given the 8m separating distance between these dwellings; as there would be no shadows cast on the neighbour. It is also vital to note that the area slopes towards the east allowing the properties on the west to have an elevated position over the western neighbours. This is evident in the relationship between Hazlewood House and Melview to the east, Melview and Kings Haven, as well as Kings Haven and the property to the west.
• 7.3.3 Whilst comments made by the owners of Hazlewood House regarding overlooking is particularly noted given the emphasis placed on this impact in their representation, the only windows on the directly abutting elevation with views to this neighbour would be about 500mm wide and would only have views to the rear of this neighbouring property which has over six large windows on this elevation. It is also important to state that the 1.5m wide section of the new upper deck area would offer less views to this neighbour when compared to the previous approval with large balcony areas. It is also vital to note that there is some form of mutual overlooking from the balconies at the rear sections of both properties at the ground floor level.
• 7.3.4 In considering possible impacts on Ballaquirk Lodge situated directly east of the application site, it is noted that Ballaquirk Lodge is situated over 13m from the east elevation of the proposed dwelling and on a higher elevation, with the existing boundary treatment which is about 3.4m at the lowest position on the boundary ensuring that there would be no detrimental impacts on this neighbouring property.
• 7.3.5 With regard to the dwelling at the south, it is considered that this property is positioned about 30m away from the proposed dwelling; a conditions that would ensure there are no impacts from a dwelling in terms of loss of light, overbearing impacts and overlooking. The

existing 2.8m high hedging on the boundary between both dwellings will further diminish any impacts on this southern neighbour.

7.4 Impact on the appearance and character of the area (GP2 & SP5)

• 7.4.1 The character of the area is very mixed and as such, what is proposed here, whilst contemporary, would be more in keeping with the varied nature of the locality.
• 7.4.2 The relatively recent Residential Design Guidance (2021) in section 3.2 supports good design and recommends that "A housing development should avoid having the same type, height and density throughout, including avoiding continuous, bland and un-interesting roofscapes". It also advises that "dwellings should ideally be sufficiently flexible and adaptable to meet the changing needs and demands of its residents over the foreseeable life of the development with homes being capable of extension and adaptation to the changing needs of their occupants"; conditions which the current proposal meets. It is also considered that the development would incorporate timber finishing which is more in keeping with the nearby countryside setting, as well as the slate roof finish which is prominent on the properties within the locality. The style and finishing of the property, is therefore considered to accord with those parts of General Policy 2 which require development to respect the character and appearance of the area.
• 7.4.3 With regard to impacts on views into and out of the Laxey Conservation Area (as noted the comment made by the Commissioners), it is noted that the site would be significantly screened by mature landscaping which borders the boundary of the application site, with the development being built into the topography. Besides, the Conservation Area is situated about 400m away with the intervening topography and landscaping features screening the site considerably from distant views. Thus, it is considered that the proposed development would not impact on the Laxey Conservation Area, not counting the fact that the development cannot be subject to Environment Policy 36, as the site cannot be considered to be close to the Laxey Conservation Area, or having detrimental effects on important views into and out of Conservation Areas.
• 7.4.4 The comments made on the proposed building not keeping to building lines are noted. However, there are no prevailing building lines in the area as the properties have varying setback distances from the abutting highway.
• 7.5 The impact on highway safety including adequate car parking and access (TP7 and GP2)

• 7.5.1 The proposed dwelling would be served by three garage spaces within the integral garage with provision made for parking spaces and turning areas within the site, which would be more than required for a residential development. This would ensure that there is no pressure on parking within the area as a result of the development. As well, the site already benefits from the required visibility from the site access for vehicles leaving and entering the site. Therefore, it is considered that the proposal satisfies the parking requirement of Transport Policy 7 and Appendix 7 of the Strategic Plan.

7.6 Impacts on Ecology (GP2, EP4 and 5)

• 7.6.1 As has been established in section 6.4 of this report, the application site is of ecological relevance considering it has biota that could be significant to birds and other important wildlife species. It is also noted that the site contains montbretia which is a non-native invasive plant and as such, steps must be taken to ensure they do not continue to propagate on the site. Given the above DEFA Ecology request regarding the imposition of a condition regarding montbretia is noted and it is considered that a suitable condition could be attached.

- 7.6 OTHER MATTERS

• 7.6.1 Drainage Matters

• 7.6.1.1 In assessing the drainage issues at the site, DOI Highways drainage have assessed the reviews to the scheme and stated that they are satisfied with a condition being imposed to ensure that flood protection details at site entrance must be agreed with FMD and DOI Highway Services before any work commences on site. It should, however, be noted here that the site is not within a flood risk area, and as such these considerations were only assessed as some existing road gullies drain through the site.

7.6.2 Deeds and Covenants

• 7.6.2.1 The issue of Covenants or details contained within Deeds are civil legal issues which have been raised by the neighbour and the Isle of Man Land Registry are matters that lie outside the scope of the planning application as land ownership is a civil matter and would hold no weight in the assessment of a planning application. Any determination under the Town and Country Planning Act 1999 can neither create nor detract from land ownerships, any right of way, or other civil legal rights and obligations as may exist between the parties. Considering these bear no weight in a planning decision, the application has been assessed with respect to the aforementioned Strategic Plan policies which set the benchmark for assessing proposed developments, with no reference made to the stated deeds and covenants.

- 8.0 CONCLUSION

8.1 Overall, it is considered the principle of residential development is appropriate on this site for the reasons indicated would not have any significant impacts upon public or private amenities and therefore comply with the relevant planning policies listed. Accordingly, it is recommended that the application be approved. - 9.0 INTERESTED PERSON STATUS

9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

9.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department
• of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status

9.3 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 Interested Person Status.

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.

Decision Made : Permitted Committee Meeting Date: 28.03.2022

Signed : P VISIGAH Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

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