72590

==== PAGE 1 ====

                                      22/00444/B                                     Page  1  of  11

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 22/00444/B Applicant : Fairway Construction Ltd Proposal : Erection of 2 detached dwellings with integral garages Site Address : Land Adjacent To St Olave's Jurby Road Ramsey Isle Of Man

Principal Planner: Mr Chris Balmer Photo Taken : 19.05.2022 Site Visit : 19.05.2022 Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 03.08.2022 __

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. The visibility splay(s) identified on drawing 09; shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1050 mm in height above adjoining carriageway level.

Reason: In the interests of highway safety.

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 and turning of vehicles 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 and turning of vehicles in the interests of highway safety.

C 4. Prior to the commencement of any development a schedule of materials and finishes and/or samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The

==== PAGE 2 ====

                                      22/00444/B                                     Page  2  of  11

details shall demonstrate how one of the dwellings external ground floor elevations will be finished differently to the other dwelling hereby approved and also the window frames shall be finishes in aluminium or timber windows. The development shall not be carried out unless in accordance with the approved details.

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

C 5. Along the north west elevation of Plot 1 all scaffolding shall only be 2 boards in width (0.8m), unless otherwise agreed in writing with the Department.

Reason: In the interest of tree protection of neighbouring trees.

C 6. Prior to the occupation of either dwelling hereby approved a 1.8m high obscure glazed/privacy screen is requires to be installed along the western elevation of the ground floor rear balconies of both dwellings and retained thereafter.

Reason: in the interest of neighbouring amenities.

C 7. The front boundary wall shall be finished in Manx stone (as existing) to a height of 1m unless otherwise agreed in writing with the Department.

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

C 8. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.

Reason: To control development in the interests of the amenities of the surrounding area.

This application has been recommended for approval for the following reason. In conclusion; for the reasons indicated with this report it is concluded the proposals complies with the relevant planning policies of the Isle of Man Strategic Plan 2016, Residential Design Guide 2021 and the Ramsey Local Plan.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 07.04.2022.

__

Interested Person Status - Additional Persons

It is recommended that the following persons 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):

The owner/occupier of 30 Taverners, Hemel Hempstead, Herts, England as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy; are 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; as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or

==== PAGE 3 ====

                                      22/00444/B                                     Page  3  of  11

occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __

Officer’s Report

1.0 SITE 1.1 The site is the land adjacent to St Olave's which is located to the south of the Jurby Road and to the west of the junction of Jurby Road with Bowring Road. The site is within Ramsey.

1.2 The site within the red line, is generally flat in nature and is clear of vegetation. To the rear of the site the ground levels (within blue line and ownership of applications) falls significantly downwards to the Sulby River below. This area is made up of scrub land/wooded area.

2.0 PROPOSAL 2.1 The application seeks approval for the erection of 2 detached dwellings with integral garages.

3.0 PLANNING POLICY 3.1 In terms of local plan policy, the application site falls within an area designated as "Predominately Residential" under the Ramsey Local Plan Order 1998. The site is not within a Conservation Area. The site is not within a high tidal flood risk zone.

3.2 The Strategic Plan takes its lead from the Government aims which include the pursuit of manageable and sustainable growth based on a diversified economy which is intended to raise the standard of living of the people of the Island and to provide the resources to sustain and develop public services. It also includes the protection and improvement of the quality of the environment such that it continues to be an asset for future generations.

3.3 The Strategic Aim is: "To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage."

3.4 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:

3.5 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."

3.6 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."

==== PAGE 4 ====

                                      22/00444/B                                     Page  4  of  11

3.7 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; (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."

3.8 Environment Policy 4 states: "Development will not be permitted which would adversely affect: (a) species and habitats of international importance: (i) protected species of international importance or their habitats; or (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites. (b) species and habitats of national importance: (i) protected species of national importance or their habitats; (ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or (iii) Marine Nature Reserves; or (iv) National Trust Land. (c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats. Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward."

3.9 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

==== PAGE 5 ====

                                      22/00444/B                                     Page  5  of  11

(c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."

3.10 Transport Policy 1 states: "New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes."

3.11 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."

3.12 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."

3.13 Residential Design Guide - July 2021

3.14 Department of Environment, Food and Agriculture - Agriculture and Lands Directorate Forestry, Amenity and Lands - TREE PROTECTION POLICY - Department Policy Relating to the Protection of Trees - Version 2.0, December 2021 "25. The Directorate will normally object to planning applications if any of the following is true: (a) The proposed development includes the removal of any tree(s) worthy of a category A or category B classification, as defined by BS5837:2012. (b) The proposed development includes the removal of more than 50% of existing tree canopy cover from the site. (c) The proposed development includes the removal of any tree(s) worthy of a category C classification, as defined by BS5837:2012, without sufficient mitigation. (d) The application includes insufficient information to properly judge the arboricultural impact of the proposed development (e) The application does not show how the proposed development could be implemented without having a detrimental impact on the health and longevity of adjacent retained trees, and does not show how this impact will be mitigated. (f) The proposed development is likely to lead to significant future pressure to remove or prune trees, either by an application made under the Tree Preservation Act 1993 and/or by complaints made under the Trees and High Hedges Act 2005*. (g) The proposed development includes the removal of a tree, group of trees or woodland which is registered under Section 2 of the Tree Preservation Act 1993." And "29. The Directorate recognises that in terms of the relevant planning policies available at the time the application is determined, a proposed development may be acceptable despite its potential impact on existing trees and woodlands of merit. If the Directorate submits an objection to a planning application, it will consider the possibility that the application may be approved and make recommendations to the PBCD on how the impact to existing trees and woodland of merit can be minimised (e.g. by the use of conditions)."

4.0 PLANNING HISTORY 4.1 The previous planning application is considered relevant in the assessment and determination of this application:

4.2 Re-shaping of bank to the rear of the site (in association with PA04/02308/B) - 06/02015/REM - REFUSED; "The application site is not zoned for development and the proposal would lead to a unacceptable loss of woodland and wildlife and therefore would be contrary to the provisions of

==== PAGE 6 ====

                                      22/00444/B                                     Page  6  of  11

The Isle of Man Strategic Plan (20th June 2007), particularly General Policy 2, Environment Policy 3, and The Ramsey Local Plan - Planning Circular 2/99 - R/E/P8."

4.3 Erection of two four storey blocks, each block containing eight flats - 04/02308/B - APPROVED but expired on the 25.05.12.

4.4 Erection of dwelling with garage - 01/00131/B - APPROVED

4.5 Approval in principle for the erection of a dwelling - 98/01966/A - APPROVED

5.0 REPRESENTATIONS All comments received can be viewed in full on the Planning Departments website.

5.1 Ramsey Commissioners have no objection (24.05.2022).

5.2 Highway Services have no objection to the application (29.04.2022) making the following comments: "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised to consider installing an electric vehicle charging point to each dwelling. The Applicant is notified too that a dropped crossing of the footway is necessary to facilitate the opening providing vehicular and pedestrian access. This does not appear to have been installed following planning approval re: 04/02308/B. A separate permission is necessary for such works with Highway Services under a s109(A) Highway Agreement."

5.2.1 Further comments where sought by the Department to Highways Services who commented (03.08.2022); "The entire visibility splays on exit from the proposed access are shown on Drawing No: 21 1613 09, so condition could accord with Drawing or to word to the achievable splays at 2.4 x 115m to left Ash Grove Road and 2.4 x 51m to right Bowring Road at height not exceeding 1.5m. This exceeds the 2.4m x 43m in each direction required for 30mph speed limits. The vegetation and walls in the applicant control would need to be lowered and remain so for the lifetime of the development."

5.3 The Ecosystems Policy Officer (DEFA) comments (12.05.2022); "The Ecosystem Policy Team note from the supporting photographs that the entire site has been cleared of vegetation prior to this application.

This clearance has taken place since autumn 2021, as the site vegetation is still present in the 2021 aerial photograph.

Firstly and importantly we think it is very concerning, and an extremely inappropriate practise, to clear all vegetation from a site and leave entirely bare earth, prior to applying for and receiving Planning consent. Not only has wildlife habitat been destroyed but also large amounts of bare earth have now exposed which are likely to run-off in periods of heavy rain, and could result in pollution of the Sulby River and damage to its wildlife and habitats which include rare saltmarsh, especially as this land slopes towards the Sulby River.

I have copied in the DEFA Inland Fisheries and Environmental Protection Unit into this email to make them aware of potential issues. Sediment control measures will be required on site now and the applicant should get in contact with Inland Fisheries for advice.

Though any wildlife value on habitat has now been destroyed, the removal of all of vegetation across site in order to build the new properties has no doubt resulted in a net loss for biodiversity, which is contrary to current Planning Policy and the Government's Biodiversity Strategy. Therefore mitigation/compensation will be required. Strategic Objective 3.3

==== PAGE 7 ====

                                      22/00444/B                                     Page  7  of  11

Environment (b) of the Isle of Man Strategic Plan 2016 - 'to protect, maintain, and enhance the built and natural environment (including biodiversity)', Strategic Policy 4 (b) of the Isle of Man Strategic Plan 2016 - 'protect or enhance the nature conservation and landscape quality of urban as well as rural areas' Habitat loss action 21 under the Biodiversity Strategy - 'DEFA will continue to promote a policy of 'no net loss' for semi-natural Manx habitats and species and ensure that unavoidable loss is replaced or effectively compensated for'. .."

5.3.1 They indicate that should this application be approved, then we recommend that conditions are secured for; o A landscaping plan; o A plan detailing the measures to be put in place to prevent bird strikes on any glass balconies and balustrades; o Swift nest bricks and house martin cups to be installed high up underneath the eaves on the north-western elevation of both properties; and o Bat bricks to be installed high up on the south-eastern elevation of both properties.

5.4 The Agriculture and Lands Directorate (DEFA) initially raised concerns that the development; namely the western property is likely to lead to significant future pressure to repeatedly prune, or remove, the adjacent trees and that the potential impact to trees has not been considered (13.07.2022). Consequently the applicants and the officers of the Agriculture and Lands Directorate met on site (02.08.2022) to discuss. Following this they no longer object to the application stating (02.08.2022); "After a very productive site meeting today I will be withdrawing my objection to this planning application. Whilst there will be a modest impact to the adjacent trees I don't think it is such that it will be to their long-term detriment. There will be increasing future pressure to prune or remove the trees, however, this could be mitigated by ongoing management. The arboriculture impact of this proposal will therefore be fairly minor.

On site we discussed how 2-board scaffolding could be utilised to reduce working space and the extent of pruning. Would it be prudent to include this as a condition?

Happy for this to be uploaded as a consultation."

5.5 The owner/occupier of 30 Taverners, Hemel Hempstead, Herts, England objects to the application which is summarised as (03.05.2022); Condition 3 of application 04/02308/B was not complies with and therefore the claims in current application that the access was approved are false.

6.0 ASSESSMENT 6.1 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application; (a) principle of development; (b) the potential impact upon the visual amenities of the area; (c) potential impact upon neighbouring amenities; (d) potential impact upon highway safety; (e) potential impacts upon trees/biodiversity.

PRINCIPLE OF DEVELOPMENT 6.2 The first issues relates to this application is the principle of residential development on this site. As outlined within the planning policy section of this report, the site is proposed for residential use and therefore the proposal for additional residential development is acceptable.

6.2.1 More recently an update to the Isle of Man Strategic Plan 2016 has been undertaken and adopted, which identified that a total of 770 new dwellings is required to be provided between the years of 2011 to 2026 in the north of the Island alone. A total of 5,100 dwellings in required over this same period throughout the Island. Given Ramsey is regarded as the main Service Centre in the north of the Island, it is reasonable to consider the majority of these

==== PAGE 8 ====

                                      22/00444/B                                     Page  8  of  11

dwellings are likely to be provided in Ramsey, especially given designated residential land is still available under the Ramsey Local Plan which was adopted in 1998.

6.2.2 Accordingly, given the above reasons it is consider the principle of developing the site for residential is acceptable. This is not an automatic reason to allow the development as further material planning matters as indicated previously need to be considered, to determine if two dwellings on the site are appropriate.

THE POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA 6.3.1 General Policy 2 paragraph (b) states that the design should respect the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them.

6.3.2 The site from public views would be apparent when immediately passing the northern boundary of the site. There is currently an approximate 2m high Manx stone boundary wall along the roadside with Bowring Road exists, but this will need to be reduced to 1m to allow visibly splays. Views further along Bowing Road would be screened by existing properties along the road and/or the significant mature tree line along the western boundary of the site. Further, the dwellings are set back from Bowring Road. Accordingly, the main viewpoint of the dwellings will only clear when immediately passing the site.

6.3.3 Notwithstanding this, the design, proportion, scale, form and finish of the dwellings are appropriate for this street scene which are made up of a variety of different properties, scales, designs, finishes which have been constructed over a number of decades.

6.3.4 A condition should be attached which seeks varying finishes on one of the two dwellings as there was some concern that both the dwellings would essentially be a mirror image in a street scene, which generally does have differing house types. The applicants are happy with such a condition.

6.3.5 Accordingly, whilst there will be an impact to the visual amenities of the area over the current situation (i.e. a garden), the impact to public views would not be significant and it is considered the proposals would be acceptable and comply with General Policy 2 of the IOMSP.

POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES 6.4 The third issue relates to the potential impact of the development upon the residential amenities of neighbouring properties. Given the size of the site and number of dwellings, all properties adjacent to the site will be impacted by the development. Any development would have an impact; the issue to consider is whether the proposed development would significantly impacts upon the amenities of the neighbouring properties. Generally the main issue relate to overlooking resulting in a loss of privacy, overbearing impact upon outlooks and/or loss of light.

6.4.1 In this case the properties most likely to be affected would be the converted barn to the rear of Nr 3 St Olave's Lodge to the east of the site and easterly most Townhouse which forms part of Apple Tree Grove to the west of the site.

6.4.2 In relation to the converted barn, the corner of this building to the corner of the dwelling of the eastern plot would be approximately 5.8m away. Between the two dwellings mentioned above is a high stone Manx wall approximately 2 to 3m in height and has vegetation growing up and above (within neighbours ownership). Accordingly, this wall will likely screen the majority of the proposed dwelling from view from the primary habitable rooms (living/kitchen) at ground floor level. It is also noted that the main garden and amenity space for the converted barn is located further to the east. There is a first floor Juliet balcony within the gable elevation of this converted barn which would overlook the front garden/driveway of the two dwellings and two bedroom windows within the rear (south elevation). There would be a loss of some light and have some overbearing impacts upon the outlooks from these

==== PAGE 9 ====

                                      22/00444/B                                     Page  9  of  11

windows/door by the development. However, theses rooms are not primary habitable rooms, do not directly look at the physically development of the site, rather angled away from the proposed development and the light lost would generally be in later afternoon/even periods given the suns orientation (east to west) and orientation between the buildings.

6.4.3 In easterly most Townhouse of Apple Tree Grove to the west of the site, there is large amounts of tree coverage along this boundary. The gable end wall of the western plot would be located 12.7m to the corner of the townhouse in question. Between the two properties is the shared driveway which runs to the rear of the row of terraced town houses of Apple Tree Grove, gaining access to the rear parking area to these properties. While there are windows within the gable end elevation of the proposed dwelling which would look towards the rear area of these dwelling (through the trees); it is considered given the distance of such views and there are over more public areas (i.e. shared car parking/driveway) the impact is not so significant to warrant a refusal. No significant overlooking into the windows of any of the properties of Apple Tree Grove would occur, given the orientation and distance.

6.4.4 A condition for an obscure glazed screen (1.8m in height) to the western sections of the ground floor balconies (although ground floor level they are raised) to prevent overlooking towards Apple Tree Grove or from the eastern plot over the garden of the wester plot proposed should be attached.

6.4.5 It is considered the potential impacts upon neighbouring amenities would not be so significant to warrant a refusal and therefore comply with General Policy 2 and the Residential Design Guide 2021.

POTENTIAL IMPACT UPON HIGHWAY SAFETY 6.5 The site would utilises the access which appears to have been installed under a previous application; albeit this requires details of sight lines to be provided, which weren't.

6.5.1 Accordingly, this application needs to consider the new access (albeit been in place for more than 10 years) and whether it is suitable for 2 dwellings. For information the previous approved scheme would have resulted in 16 apartments on the site.

6.5.2 The access being on a 30mph highway in a built up area, requires visibility splays of 2.4m x 43m in either direction. This will require the majority of the front boundary wall being lowered or removed and a pillar to the west of the access which is within the applicant's ownership. The splay would go over land not within the applicants control, namely to the west (Apple Tree Grove). However, the splay would essential share the same visibility splay as the access serving Apple Tree Grove. There roadside boundaries are boundary walls under 1m in height. Therefore the proposed improvements to the visibility splays for the current application site will also be beneficial to the residents of Apple Tree Grove and vice versa.

6.5.3 The proposed drawings show visibility splays of 2.4m x 51m in a eastern direction and 2.4m x 115m in a western direction. Highway Services have raised no objection and considered it to be safe and appropriate for two dwellings. A condition will be required for details of the front boundary wall to ensure it is below 1m in height and is visual appropriate.

6.5.4 In terms of off street parking provision the IOMSP requires each dwelling to be provided with two off road parking spaces. All the properties would have at least two off road parking spaces.

POTENTIAL IMPACTS UPON TREES/BIODIVERSITY 6.7 As outline within the representation of this report there was some initial concern of the proposed development, namely the west plot in relation to the adjacent mature trees which run parallel with the western boundary of the site, outside applicant's control. However, following site discussions, this concern is no longer an issue, subject to a condition that the scaffolding is

==== PAGE 10 ====

                                      22/00444/B                                     Page  10  of  11

only 0.8m in width rather than the normal 1.2m in width, to help protect the trees. This condition is accepted by all parties.

6.7.1 It is perhaps unfortunate that the site has been cleared before the submission of the application; albeit this is not a breach of planning control (removal of landscaping does not require planning permission). It may be in breach of other legislation (i.e. the Wildlife Act) but that is for the relevant authorities to consider. The Ecosystem Policy Officer has sought a number of conditions to help the development have a bio-diversity gain and these are considered acceptable.

7.0 CONCLUSION 7.1.1 In conclusion; for the reasons indicated with this report it is concluded the proposals complies with the relevant planning policies of the Isle of Man Strategic Plan 2016, Residential Design Guide 2021 and the Ramsey Local Plan and therefore it is recommended the application is approved subject to conditions as listed.

8.0 INTERESTED PERSON STATUS 8.1 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.

8.2 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.

8.3 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 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.

Decision Made : Permitted

Date: 05.08.2022

Determining officer

Signed : J SINGLETON

Jason Singleton

Principal Planner

==== PAGE 11 ====

                                      22/00444/B                                     Page  11  of  11

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/ customers and archive records.