**Document:** DEC Officer Report
**Application:** 22/01278/B — Erection of single storey extension to the rear, and rendering stonework on rear projection of existing building
**Decision:** Permitted
**Decision Date:** 2022-12-29
**Parish:** Malew
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/9453-malew-westend-house-7-arbory-road-extension/documents/957388

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# DEC Officer Report

**Application No.:** 22/01278/B
**Applicant:** Mr James Dean
**Proposal:** Erection of single storey extension to the rear, and rendering stonework on rear projection of existing building
**Site Address:** Westend House 7 Arbory Road Castletown Isle Of Man IM9 1NA Technical Officer: Mr Thomas Sinden
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 19.12.2022

## 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.

N. The applicant is advised to use a breathable render and paint system on the external face of the existing outrigger, in order to avoid any moisture becoming trapped in the wall and causing internal damp issues in the future.

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

The application meets the tests of section 18 of the Town and Country Planning Act 1999 and environment policy 35 within the IOM Strategic Plan 2016 as the character of the conservation area is being preserved. The application meets the tests of general policy 2 of the IOM Strategic Plan 2016 as the proposals respect the site and scale of the existing buildings and do not affect adversely the amenity of local residents. The application is therefore judged to be acceptable.

## Plans/Drawings/Information;

This decision relates to drawings 1, 2, 3, 4 and 5, together with the other supporting information, submitted on 13.10.2022.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

## Officer’s Report

1.0 THE SITE - 1.1 The application site is Westend House, 7 Arbory Road, Castletown. The property is a three storey pitched roof terraced property with a smooth painted render wall finish to the main property. To the rear of the property there is a pitched roof two storey outrigger with an exposed local limestone wall finish. To the side of the outrigger is a single storey mono-pitch conservatory. The property is within the Castletown Conservation Area.

2.0 THE PROPOSAL - 2.1 The application proposes to replace the existing conservatory with a single storey flat roof extension with a parapet upstand. The extension is proposed to extend beyond the outrigger and conservatory a further 5 metres, and would abut the boundary walls on either side. Although below the level of the eastern boundary wall, the proposed extension would sit above the western boundary wall with the garden of number 9 Arbory Road.

3.0 PLANNING POLICIES - 3.1 The application site is in an area defined as predominantly residential on Map 5 of the Area Plan for the South, and within the Castletown Conservation Area. The site is in an area at high risk of surface water flooding. - 3.2 TOWN AND COUNTRY PLANNING ACT 1999

S18 Designation of conservation areas

(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act.

3.3 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016

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; and (g) does not affect adversely the amenity of local residents or the character of the locality.

Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest;

- Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.

- Environment Policy 35: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development.

3.4 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are:

Strategic Policy 12, Infrastructure Policy 5, Community Policy 7, Community Policy 10 and Community Policy 11.

## - 3.5 PLANNING POLICY STATEMENT 1/01

POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application.

4.0 OTHER MATERIAL 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."

5.0 PLANNING HISTORY - 5.1 The following applications have been made on the site:

Reference Number: 91/01608/A Status: Refused Proposal: Approval in principle for erection of dwelling, Westend, Arbory Road, Castletown. Reference Number: 21/00253/B Status: Permitted Proposal: Installation of replacement windows Reference Number: 21/00815/CON Status: Permitted Proposal: Registered Building consent for demolition elements to PA 21/00741/B

- Reference Number: 21/00741/B Status: Permitted Proposal: Erection of a replacement double garage
- Reference Number: 22/01406/B Status: Pending Consideration Proposal: New Ancillary Accommodation within the curtilage of existing property

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

6.1 The Department of Infrastructure Flood Risk Management Division have stated that the proposed building is in a surface water flood zone. FMD recommend that flood resilient mitigations are incorporated in to the design (31.10.2022). - 6.2 The Department of Infrastructure Highways Division have stated that there is no highways interest in the application. (2.11.2022).

7.0 ASSESSMENT - 7.1 The pertinent issues with this application are the impact on the character of the conservation area and the amenity of local residents. With this in mind, the proposed application of render on the existing two storey limestone finished outrigger is judged to have the potential to impact the conservation area's character. The proposed single storey extension is considered to have the potential to impact the amenity of local residents, and these two distinct elements of the proposals will be considered separately. - 7.2 The proposed rendering of the existing two storey outrigger will be visible in views of the site from Farrants Way, albeit at a distance. The main dwelling is finished in painted smooth render, and as such the introduction of painted smooth render to the outrigger will be consistent with the host building. Castletown is characterised by a mix of exposed local stone, painted stone and painted smooth render being used as the wall finish. There is therefore not a single particular wall finish that is correct across the conservation area, and each property needs to be assessed in terms of its likely historic finish and the finish of the structures around it. In the case of this proposal on this site, it is judged that the application of painted smooth render will not have a negative impact, and that the special character of the conservation area is being preserved. As a building constructed of solid stone, with no cavity, it is however judged important that the wall is able to shed any moisture within the fabric. With this in mind, it is recommended that a note be added to any approval that urges the use of breathable render and paint on the solid stone wall. - 7.3 The single storey extension proposed within the application would replace an existing conservatory, and extend a further 5m beyond the outrigger. Given the size of the property's garden and nature of the existing rear buildings, the extension is judged to respect the site and scale of existing buildings. The proposed extension would sit directly on the boundary with the rear garden of 9 Arbory Road to the west. The coping on top of the extension wall is proposed to be 0.8m higher than the existing conservatory polycarbonate roof. Being positioned to the east, this proposed extension roof will reduce the morning sunlight in the rear garden/yard of 9 Arbory Road. However, given that the two storey outrigger is 3m further away, the reduction in sunlight is not judged to be significant. Given the position of the outrigger, it is also considered that the extension will not have a significant impact on outlook from the rear garden of 9 Arbory Road. Overall, the proposed extension is considered to not affect adversely the amenity of local residents. - 7.4 Given the nature and scale of the proposals, the application is judged to comply with Infrastructure Policy 5 and Community Policies 7, 10 and 11 of the IOM Strategic Plan 2016.

8.0 CONCLUSION - 8.1 It is judged that the application meets the tests of section 18 of the Town and Country Planning Act 1999 and environment policy 35 within the IOM Strategic Plan 2016 as the character of the conservation area is being preserved. It is also judged that the application meets the tests of general policy 2 of the IOM Strategic Plan 2016 as the proposals respect the site and scale of the existing buildings and do not affect adversely the amenity of local residents. It is therefore 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.

I can confirm that this decision has been made by the Director of Planning and Building Control 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 : 23.12.2022 Determining officer Signed : J CHANCE Jennifer Chance Director of Planning and Building Control

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.

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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/9453-malew-westend-house-7-arbory-road-extension/documents/957388*
