**Document:** Officer Report
**Application:** 25/90597/B — Erection of a new dwelling with associated site entrance and driveway.
**Decision:** Permitted
**Decision Date:** 2025-10-16
**Parish:** Lonan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/32889-lonan-southview-minorca-hill-dwelling/documents/1147379

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# Officer Report

**Application No.:** 25/90597/B
**Applicant:** Ms Maureen Madden
**Proposal:** Erection of a new dwelling with associated site entrance and driveway.
**Site Address:** Site Of Former Southview Minorca Hill Laxey Isle Of Man IM4 7DP
**Planning Officer:** Russell Williams
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 10.10.2025 _________________________________________________________________

## Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

- C 1. The development hereby approved shall be begun 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. No development shall commence until samples of the materials and finishes to be used in the construction of the external surfaces, including walls and roofs, have been submitted to and approved in writing by the Department. 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 3. Prior to the first occupation of the development hereby permitted, a soft landscaping scheme shall be submitted to and approved in writing by the Department. The scheme shall include details of all new trees and hedgerows and shall include a landscaping plan, planting specification and a timetable for implementation. Development shall be carried out in accordance with the approved scheme. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased, shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.

Reason: In order to safeguard the landscape character and appearance of the area and in the interest of biodiversity.

- C 4. The dwelling hereby permitted shall not be occupied until details of 1 no. bat box and 1 no. bird box, together with a bee brick, have been submitted to planning and approved in writing by the Department. The approved ecological enhancement features shall be installed in accordance with the approved details prior to the first occupation of the dwelling. Reason: In order to provide suitable biodiversity enhancement measures on the site.
- C 5. The vehicle parking spaces and turning area shown provided for the development, hereby permitted, on Drawing No. 2408-101 Proposed Site Plan, shall be provided prior to the first occupation of the dwelling and shall thereafter be retained and made available for vehicle parking and turning at all times.

Reason: To ensure that sufficient on-site parking is provided to serve the development in order to avoid unnecessary on-street parking as per the requirements of the Manual for Manx Roads and Transport Policy 7 in the Adopted Isle of Man Strategic Plan (2016).

- C 6. The development hereby approved shall not be occupied until the secure and covered bicycle store for a minimum of two bicycles has been provided within the site in accordance with details that shall have first been submitted to and approved in writing by the Department. Thereafter, the secure and covered bicycle store shall be retained at all times thereafter. Reason: To promote sustainable travel in the interests of reducing pollution and congestion.
- C 7. The visibility splays indicated approved Drawing No. 2408-101 Proposed Site Plan shall be fully provided prior to the first occupation of the dwelling hereby permitted. Thereafter the visibility splays shall be fully maintained in perpetuity. Reason: In the interest of highway safety.
- C 8. The garage hereby approved shall be used only for the parking of private motor vehicles in association with the dwelling hereby permitted and shall not be used for any other purpose without the prior grant of planning permission Reason: To provide adequate off-street parking to serve the needs of the dwelling.
- C 9. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2025 (or any Order revoking and/or re-enacting that Order with or without modification), no garages or other free standing buildings shall be erected or enclosure, swimming or other pool, container for domestic heating purposes for storage of oil of liquid petroleum gas, or the erection of a gate, fence, wall or other means of enclosure, within the curtilage of the dwelling hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.

Reason: To prevent overdevelopment of the site and to control development in the interests of the amenities of the surrounding area.

- C 10. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2025 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the welling, including the installation or replacement of any windows or doors, hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.

Reason: To prevent overdevelopment of the site and to control development in the interests of the amenities of the surrounding area.

## This application has been recommended for approval for the following reason.

The development is located within the settlement boundary of Douglas where the principle of a mixed office and residential use is compliant with the land use zoning of the area. The proposal will not adversely impact upon visual or residential amenity, highway safety or other matters of acknowledged planning importance. The proposals therefore comply with Spatial Policies 3 and 5, General Policy 2, Housing Policy 4, Transport Policies 4 and 7 and Environment Policies 22, 23 and 42 of the Isle of Man Strategic Plan.

## Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped 12 June and 1 August 2025:

- 2408-100 Location and Existing Site Plans
- 2408-101 Proposed Site Plan
- 2408-102 Proposed Floor Plans
- 2408-103 Proposed Elevations
- 2408-104 Proposed Site Sections Tree Survey Data TS-190424 Tree Constraints

_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No objection Manx Utilities - No objection

_________________________________________________________________ Officer’s Report

1.0 THE SITE - 1.1 The site is that of the former South View - a dwelling which has recently been demolished and formed a traditional dwelling of rendered walls and tiled roof. - 1.2 The site is bounded by a stone wall abutting Minorca Hill and tree and hedgerow planting on its western boundaries, which abut Laxey Primary School to the west, an electricity sub-station to the south, Lilac Cottage to the north and Minorca Hill to the east. - 1.3 The site slopes downward from north-west to south-east, following the general slope of this northern valley containing Laxey Village.

2.0 THE PROPOSAL - 2.1 The application seeks planning permission for the erection of a dwellinghouse on the site. The new dwelling will be positioned as was the previously existing property on the site, to the south of the existing garage associated with Lilac Cottage. The dwelling will have gardens to the front (south) and read (west). - 2.2 The proposal comprises a 4 bedroom dwelling, with all bedrooms benefitting from ensuite bathrooms. At ground floor level the dwelling will have an entrance hall, WC and utility with open plan kitchen, dining and living room. The dwelling will have a double garage attached to the east elevation.

2.3 The dwelling has a pitched roof finished in artificial slate. The walls will be finished mainly in stone with the southern and western projecting gables featuring significant areas of glazing to maximise natural light and heat and outlook. - 2.4 Access into the site will be via a new entrance off Minorca Hill, positioned to achieve visibility splays of 2.4m by 25m in both directions. The existing wall immediately alongside the gable of the proposed dwelling will be removed and the lower section of stone boundary wall will have its height reduced to achieve the optimum visibility. The site will have a minimum of three parking spaces and an on-site turning head. - 2.5 The driveway and turning area will be finished in a permeable gravel with the first 5m of the adopted highway bound and consolidated. The property will be connected to the existing foul sewer with all surface water draining to a new soakaway within the site.

3.0 PLANNING POLICY - 3.1 The site lies within the settlement boundary for Laxey and is zoned as being Predominantly Residential, as indicated on Proposal Map 7 of the on the Area Plan for the East. The site is not within a Conservation Area, Area of High Landscape or Coastal Value and Scenic Significance or a Flood Risk Zone. - 3.2 Spatial Policy 3: "The following villages are identified as Service Villages o Laxey… Area Plans will define the development boundaries of such villages so as to maintain and where appropriate increase employment opportunities. Housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing." - 3.3 Spatial Policy 5: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3." - 3.4 General Policy 2 of the Strategic Plan is considered applicable, which 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."

3.5 Paragraph 7.34: Existing Settlements 7.34.1 Every settlement in the Island has its own individual character and identity which needs to be conserved and enhanced. If such characteristics and qualities are not to be lost, any new development must be appropriate to the locale in terms of scale, siting, design, relationship with other buildings and land uses. Area Plans should identify important spaces within settlements, whether in the form of village greens, squares or areas which simply add to the attractiveness and interest of particular areas which have positive amenity value. It is important to the attractiveness and individuality of centres that over intensive development is voided as well as the gradual merging of towns and villages in order to preserve a sense of identity and sense of place. 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.

3.6 Environment Policy 4: "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."

3.7 Environment Policy 22: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:

- i) pollution of sea, surface water or groundwater;
- ii) emissions of airborne pollutants; and
- iii) vibration, odour, noise or light pollution."

3.8 Environmental Policy 23 states: "When considering alterations and improvements to existing facilities the Department will require that consideration be given to the potential adverse impact of the proposed changes to existing neighbours." - 3.9 Environment Policy 42: "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."
- 3.10 Housing Policy 1: "The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 5,100 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2011 to 2026."
- 3.11 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."
- 3.12 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are: Transport Policy 4 and Transport Policy 7.

### 4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 Residential Design Guide

5.0 PLANNING HISTORY - 5.1 The following application is of relevance to the proposals:

24/00540/B - Erection of two detached dwellings with associated garage, driveway and access

- WITHDRAWN due to concerns of overdevelopment and technical issues with design.

6.0 REPRESENTATIONS - 6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows: Garff Commissioners - No comments received.

DOI Highway Services - After reviewing these Applications, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking. A S109 highway agreement will be required for the dropped kerb vehicular access.

Ecosystem Policy Team - No objection subject to condition Detailed comments There is an active bat roost located immediately to the south of this plot of land. Though the development of a new property will not directly impact upon the active bat roost, there could be indirect negative impacts through the introduction of artificial lighting into an area of habitat through which bats are known to feed and commute, especially because a significant amount of vegetation seems to have recently been removed from the site. The planned dwelling is also to have clear glazed elevations to the south and west, facing the bat habitat. Measures should therefore be put in place to avoid and minimise impacts on bats from artificial lighting. We recommend that additional tree and shrub planting is undertaken along the western and southern boundary, and any external lighting is done sensitively. The additional planting will also mitigate against the vegetation removal which has already taken place. The Ecosystem Policy Team would welcome the installation of bat, bird and bee bricks, and would be happy to advise further on this, but these would be seen as enhancement measures. Conditions recommended.

Manx Utility Authority - Manx Utilities has reviewed the above application and require confirmation that the proposed soakaway that the applicant proposes has successful passed the necessary percolation / infiltration tests.

Arboricultural Officer - Original raised concern over trees. Subsequently commented that: Having reviewed the additional information on the 9th September we can confirm that the trees do not form a constraint to the proposal at hand. We would however note that the details for sustainable drainage are missing as this permeable site transforms to an impermeable site.

If you were minded to approve the application we would ask for a condition requiring a detailed landscape plan in which a 30% canopy cover is provided at year 30 in line with the historical canopy cover associated with this site.

6.2 No representations have been received from members of the public.

7.0 ASSESSMENT - 7.1 The key considerations in the determination of the application are:

- Principle of development

- o Impact on residential amenity
- o Impact upon the character and appearance of the area/landscape
- o Transport and highway safety PRINCIPLE OF DEVLEOPMENT

7.2 The application site is located within the defined settlement boundary of Laxey and is on land zoned as being for Predominantly Residential Use. The site was previously that of a dwellinghouse and private gardens and the proposed development will return it to the same use, making efficient use of previously developed land. - 7.3 Having regard to Spatial Policy 4 and Housing policy 4, the site is within a sustainable location and the proposed development accords with the zoning of the site. Having regard to these matters, the principle of development is considered to be acceptable and the proposal complies with Housing Policy 4. IMPACT UPON RESIDENTIAL AMENITY - 7.4 The application site is located immediately south of the dwelling known as Lilac Cottage. The site is on lower ground to Lilac Cottage and there is a garage and boundary treatment to the northern side of the proposed dwellinghouse, with the garage belong to the neighbouring property. - 7.5 The proposed dwelling has been designed with vaulted rooms within the roof space, which assist in keeping the overall height and massing of the building lower than a traditional two storey building. The application is supported by section drawings that show how the height and massing of the dwelling will relate to the adjoining property. - 7.6 The building height will be reduced through a degree of cut and fill into the rising ground, which will further reduce the impact of the new building upon the outlook and light afforded to Lilac Cottage's amenity space. In this regard, the development is not considered to have an unacceptable impact upon outlook or light to the neighbouring property. - 7.7 Regarding privacy, there are two windows to the rear (north) elevation that face Lilac Cottage. The rear first floor window to the centre of the building serves a stairwell and does

- not serve a habitable room; the window in question will not give direct views into neighbouring habitable rooms and any view over the neighbouring garden will be very limited.
- 7.8 The same conclusion is drawn in considering the glazed panel to the side of the first floor bedroom window, to the western gable end. From here, there will be no direct window to window views and any view would exceed 20m in any case and, thus comply with the RDG.
- 7.9 Overall, the relationship between the proposed dwelling and adjoining residential property is considered to be acceptable and there will be no significant adverse impacts upon amenity that would warrant refusal. The development therefore complies with General Policy 2 and Environment Policies 22 and 23. CHARACTER AND APPEARANCE OF THE AREA
- 7.10 The site comprises a road side plot of previously developed land where a detached, 2 storey traditional dwelling once stood. That dwelling has since been demolished and the application seeks approval to replace it with a larger, contemporary style dwelling.
- 7.11 The proposed dwelling will be finished in natural stone walls and slate roof; whilst properties in the area are predominantly finished in render or brick, the use of natural stone is reflective of local vernacular in general, including stone walls and outbuildings in close proximity to the site. As such, these materials are considered to be acceptable in principle.
- 7.12 It is pertinent to note that the "contemporary" elements of the new dwelling are located away from the highway and to the western end of the dwelling, where larger glazed gables are proposed. From the roadside, the dwelling will run perpendicular to the highway, in the same form as the original dwelling.
- 7.13 When viewed from the highway, the general massing and orientation of the proposed dwelling are considered to be acceptable, with the impact of the building upon the street scene reduced by the building being set into the rising slope of the site and the low level eaves to the eastern section of the building that abuts the highway.
- 7.14 The new dwelling will include small, well-proportioned dormer windows to the eastern section, above the garage and these are considered to be a suitable design solution in keeping the overall height of the building down. The proposed solar PV panels will be visible from public vantage points but their colour will be a close match for the slate roof and they will be set into an integrated tray within the roof, creating a flush finish that will significantly reduce their visual presence.
- 7.15 Paragraph 3.1.3 of the RDG states that "new residential development should be informed by the best qualities of our existing residential areas. However, this does not mean that all new residential developments should seek to replicate the appearance of older ones, and good quality contemporary design is encouraged."
- 7.16 The overall design of the proposed dwelling is considered to be acceptable in regard to the scale, form, layout, orientation, and detailed design (including the materials) and it is informed by and respects both the nature of the development site and the character of the surrounding area. The introduction of a more contemporary style dwelling on the site will introduce visual interest and combined up-to-date design approach with the use of traditional materials and architectural features, the effect of which is to have a positive impact upon the area on the whole.
- 7.17 Having regard to the above the proposed design is considered to comply with General Policy 2 and Environment Policy 42 of the Strategic Plan.

- TRANSPORT AND HIGHWAY SAFETY
- 7.18 The application site has historically formed a residential property and the proposed development will not alter that historic use.
- 7.19 The application proposes the formation of a new access off Minorca Hill together with on site parking and turning areas, with space for a minimum of two vehicles. Such meets the minimum requirements of Transport Policy 7.
- 7.20 Works to create the new access off Minorca Hill will result in the roadside stone wall being reduced to 1.0m in height, which will allow for improved visibility across the road frontage.
- 7.21 The submitted site plan indicates visibility splays of 25m in either direction, tough this can only be achieved by taking the 2.4m set back measurement from a point 1.4m into the highway. Such is a not a recognised means of measuring a visibility space, but it is noted that Highways Services do not object to the proposed development. It can therefore be deemed that the access, although below standards in terms of visibility splay design, is safe in highway terms.

7.21 Overall, the use of the proposed access is not considered to pose a significant risk to road users or occupants of the dwelling with vehicle speeds along Minorca Hill being below the local speed limit as a result of the steep topography and narrow nature of the highway. In summary, the proposals are considered to be safe and comply with Transport Policies 4 and 7. OTHER MATTERS - 7.22 The application site is void of any features and trees/hedgerows that might be considered of significant ecological value. Neither the Ecosystem Policy Team or Arboricultural Officer object and the development impacts are considered to be acceptable in this regard.

7.22 The application will connect to mains drainage and the construction of soakaways will be controlled through the Building Regulation process, which gives MUA the comfort that they seek in their comments. The Agent has agreed to the imposition of a surface water drainage condition to ensure that suitable measures are implemented and this would satisfy the MUA comments.

8.0 CONCLUSION - 8.1 The proposed dwelling is located within the settlement boundary of Laxey and will make use of a previously developed site that will enhance the appearance of the area. The development is considered to be acceptable in principle and the development is considered to be well designed and reflective of local character and distinctiveness. - 8.2 Overall the development will not adversely impact upon visual or residential amenity, highway safety or other matters of acknowledged planning importance. The proposals therefore comply with Spatial Policies 3 and 5, General Policy 2, Housing policy 4, Transport Policies 4 and 7 and Environment Policies 22, 23 and 42. It is therefore recommended that planning permission is granted.

9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal

- (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
- 9.2 Article A10 sets out that the right to appeal is available to:

- o Applicant (in all cases);
- o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
- o any other person who has made an objection that meets specified criteria.

9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

- o any appellant or potential appellant (which includes the applicant);
- o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
- o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
- o in the case of a petition, a single representative.

9.5 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.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made : Permitted Date: 14.10.2025 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/ customers and archive record.

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