**Document:** Officer Report
**Application:** 25/91020/B — Widening of existing vehicular access
**Decision:** Permitted
**Decision Date:** 2026-02-19
**Parish:** Rushen
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/130591-rushen-sky-cottage-ballafesson-access/documents/1592104

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# Officer Report

**Application No.:** 25/91020/B
**Applicant:** Mr Mark Edwards
**Proposal:** Widening of existing vehicular access
**Site Address:** Sky Cottage Ballafesson Road Port Erin Isle Of Man IM9 6TU Principal Planner: Chris Balmer
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 17.02.2026
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.

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

Overall, the visual impact of the works and impact upon highway safety would both be considered acceptable and therefore the planning application would comply with the provisions set out in General Policy 2 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 29.10.2025.
Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No Objection

## Officer’s Report

### 1.0 SITE

1.1 The application site is the residential curtilage of Sky Cottage, Ballafesson Road, Port Erin which is a dormer bungalow located to the western of Ballafesson Road. The access/driveway is narrow and runs between the two neighbouring properties East View and Cronk-Ny-Mooar.

### 2.0 PLANNING POLICIES

2.1 The application site is within an area of 'Predominantly Residential' under the Area Plan for the South 2013. The site is not within a Conservation Area.

2.2 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application:-

2.3 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."

### 2.4 Residential Design Guide June 2021

### 2.5 Manual for Manx Roads

### 3.0 PLANNING HISTORY

3.1 There are no previous planning applications which are considered relevant in the assessment and determination of this application.

### 4.0 PROPOSAL

4.1 The application seeks approval for the widening of existing vehicular access by approximately 0.7m by the removal of a section of the existing stone wall. A new boundary wall would be erected, having a length of 5.7m back into the site. In terms of height and finishes the applicants have advised (email 26.01.2026); "The wall will match the existing as per the photo's. From review I have shown the line on that elevation to denote the higher wall further back along the boundary that won't be altered.

- Finish wise, ideally this will be the stone taken down and reused. Worst case, it would be a painted render within the site from the stone corner (at pole position) to tie in with the

neighbouring property along the access (East View). It would be good to have these options on the approval if possible. As you can appreciate, getting trades for traditional stone work isn't always the easiest and we wouldn't want that to slow down the job given how tight the existing access is which is causing problems for the clients in moving their vehicles in and out."

### 5.0 REPRESENTATIONS

5.1 Highway Services comments (24.01.2026): "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the improvements to access are acceptable to HDC and there is still approximately 5 parking spaces available onstreet for adjacent dwellings parking demand after the works are complete (as well as onstreet parking availability further up/down the Main Road) plus parking to the rear for East View dwelling. A S109 highway agreement is required for the proposed widening of the dropped kerb footway."

### 6.0 ASSESSMENT

6.1 The key issues to consider in the assessment of this planning application are firstly the potential impacts upon the visual amenities of the street scene and secondly the potential impact upon highway safety. POTENTIAL IMPACTS UPON THE VISUAL AMENITIES OF THE STREET SCENE

6.2 The demolition of the existing wall and replaced with a similar sized wall raise no concerns in terms of the visual impact and would largely go unnoticed from public views. Accordingly, the proposal would comply with General Policy 2 of the IOMSP and the Residential Design Guide. POTENTIAL IMPACT UPON HIGHWAY SAFETY

6.3 The proposal would widen the existing access and provided easier access and egress from the site which can only improve highway safety to all road users. It is considered the proposal would comply with General Policy 2 (i) of the Isle of Man Strategic Plan as the proposal would have an acceptable effect on road safety on the local highway.

### 7.0 CONCLUSION

7.1 Overall, the visual impact of the works and impact upon highway safety would both be considered acceptable and therefore the planning application would comply with the provisions set out in General Policy 2 of the Isle of Man Strategic Plan 2016 and as such the planning application is recommended for an approval.

### 8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

8.2 Article A10 sets out that the right to appeal is available to:

- applicant (in all cases);

- a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
- any other person who has made an objection that meets specified criteria.

8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.

8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

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

8.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.

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: 19.02.2026 Determining Officer Signed : J SINGLETON Jason Singleton 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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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/130591-rushen-sky-cottage-ballafesson-access/documents/1592104*
