**Document:** DEC Officer Report
**Application:** 22/01436/B — Retrospective approval for amendments to previous approved dwelling and garage
**Decision:** Permitted
**Decision Date:** 2023-01-25
**Parish:** Lonan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/9726-lonan-melview-garage-dwelling/documents/962662

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# DEC Officer Report

## PLANNING OFFICER REPORT AND RECOMMENDATION

**Application No.:** 22/01436/B
**Applicant:** Mr Derek Melville
**Proposal:** Retrospective approval for amendments to previous approved dwelling and garage
**Site Address:** Melview Ballaragh Road Laxey Isle Of Man IM4 7PH Principal Planner: Mr Chris Balmer
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 12.01.2023

## Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions This application has been recommended for approval for the following reason.

Overall it is concluded that the planning application would have no significant impact upon public or private amenity and therefore accords with the provisions set out in General Policy 2 of the Isle of Man Strategic Plan 2016 and the Residential Design Guide 2021.

Plans/Drawings/Information; This decision relates to drawings and supporting information received on 16 November 2022. _______________________________________________________________

## Interested Person Status

Additional Persons

None _____________________________________________________________________________

## Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of Melview, which is a two storey detached property sited to the south off Ballaragh Road in Laxey. Melview is a large, L-shaped dwelling, finished in a painted render with grey slate roof tiles and amber ridge tiles. It is separated from the highway by a Manx wall and private gates, with the dwelling set back from the highway.

1.2 The immediate area is characterised by similarly grand dwellings to the west, south and east, while to the north the land is open. Ballaragh Road runs in an east/west direction, with the land rising quite steeply to the north and falling quite steeply to the south, but interrupted by residential dwellings. Owing to this topography, and also the Manx walls and private access gates, views into the application site from the Ballaragh Road are limited; however, views are obtained from the Ramsey Coast Road to the south of the site.

2.0 THE PROPOSAL - 2.1 The planning application seeks approval for the retrospective approval for amendments to previous approved dwelling and garage. The dwellings which has been in place 10+ years. The works include;

- 1) Front porch appearance altered (stonework, glazing and door)
- 2) Pointed Manx stone plinth provided to front elevation of garage.
- 3) Bay window in the side wall of kitchen removed.
- 4) 2 Storey bay window on side elevation reduced in height to single storey,
- 5) External steps by games room omitted and replaced with high level retaining wall.
- 6) Position of external steps, linking front and rear gardens adjusted and retaining wall incorporated into structure.
- 7) Retaining wall provided adjacent to Bay window structure on side elevation.
- 8) Retaining wall provided to end and rear of garage.
- 9) Patio door / window frame patterns changed and made sliding operated.
- 10) 2 number oil fired boilers provided to rear corner of garage.
- 11) Boiler flue outlet positions changed on rear of garage roof.
- 12) 2 Solar panels provided to roof on SW Rear Elevation.
- 13) Chimney stack reduced in width, when viewed on the side elevation.
- 14) Svp outlets through roof on front elevation and side elevation omitted.
- 15) Driveway and parking area reconfigured.

3.0 PLANNING HISTORY - 3.1 The previous applications associated with the site are considered relevant; - 3.2 Alterations and erection of an extension to dwelling - 10/01861/B - APPROVED - 3.3 Reserved matters application (re 06/01251/A) for the erection of a detached split level dwelling and garage - 06/01754/REM -APPROVED

4.0 PLANNING POLICY - 4.1 The application site is within an area zoned as "Predominantly Residential" identified on the Area Plan for the East 2020. The site is not within a Conservation Area. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains two policies that is considered specifically relevant to the assessment of this current planning application: - 4.3 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."

4.4 The Residential Design Guide (2021) is capable of being a material consideration. It states at 1.2.2 that, "This document provides general advice but cannot cover every eventuality. Wherever possible, it sets out generally acceptable approaches. If a proposal does not meet these, the planning application should explain why. All planning applications will be judged on their merits, taking account of the likely effect on neighbouring properties and the character of the building or street".

5.0 REPRESENTATIONS Full representations can be viewed via the planning website. The following are summarised comments. - 5.1 Garff Commissioner's recommend the application be refused (13.12.2023) on the following grounds;

"The details of the amendments were noted by members. These were felt to be minimal. No objection."

5.2 Highway Services (DOI) have no objection commenting (30.11.2022);

"After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking."

6.0 ASSESSMENT - 6.1 The key issues to considerer in the assessment of this planning application are firstly the potential impacts upon the visual amenities of the street scene and secondary the potential impacts upon neighbouring amenities. POTENTIAL IMPACTS UPON THE VISUAL AMENITIES OF THE STREET SCENE - 6.2 The relevant policy to consider is General Policy 2 and the Residential Design Guide. The proposed alterations to the original approved scheme are very modest changes that have no adverse visual impact upon the property or the street scene. The majority if not all works would not be apparent from public views. POTENTIAL IMPACTS UPON NEIGHBOURING AMNEITIES - 6.3 The proposed works, will not have any significant impact upon neighbouring amenities namely Hazlewood House to the east, Sarasota to the south and Nyumbani to the west; either through overlooking, overbearing impacts and/or loss of light given the alterations do not increase the mass of the building or introduce elements which would raise concern,

## - 7.0 CONCLUSION

7.1 Overall it is concluded that the planning application would have no significant impacts upon public or private amenities and therefore accords with the provisions set out in General Policy 2 of the Isle of Man Strategic Plan 2016 and the Residential Design Guide 2021 and as such the planning application is recommended for approval.

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.

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: 24.01.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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/9726-lonan-melview-garage-dwelling/documents/962662*