Officer Report

Application No.: 25/90236/B Applicant: Mr Michael Duke Proposal: Erection of dwelling with integral garage Site Address: Land Adjacent To Longmead Ballakillowey Road Colby Isle Of Man Principal Planning Officer: Belinda Fettis Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 09.06.2025 _________________________________________________________________

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. Prior to the commencement of development on site including any clearance works, details for the method of protecting the existing trees and hedging on site shall be submitted to and approved in writing by the Department. All works must be carried out in accordance with the agreed details and the method of protection only removed on completion of the development works.

Reason: To ensure provision of protection for the existing retained trees and hedging and in the interest of visual amenity and landscape setting.

• C 3. Prior to the commencement of any works on the site details of surface water drainage for the access and internal driveway must be submitted to and approved in writing by the Department, and all works must be carried out in full accordance with the approved details and shall be installed prior to the first coming into use of the approved access and driveway works and retained thereafter. Reason: in the interest of keeping surface water of the road in the interest of highway safety.
• C 4. No works above damp proof course shall take place until a detailed schedule of the external materials including cladding, render and roof tile, have been submitted to and approved in writing by the Department. The works shall be carried out in full accordance with the approved details and retained as such thereafter. Reason: In the interest of visual amenity.

• C 5. No works above damp proof course shall take place until a hard and soft landscaping scheme has been submitted to and approved in writing by the Department.

The scheme shall include details of the complete driveway surface, any new walls, fences, Manx banks, trees, hedgerows and any other planting and boundary treatments and shall also include a planting specification [numbers, density, size, species and positions of all new trees and shrubs] and a programme of implementation.

The works shall be carried out in accordance with the programme agreed within the first planting season following the completion or occupation of the development whichever comes first. The scheme shall be maintained and retained thereafter. 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 with the same species within the next planting season unless otherwise approved in writing by the Department and retained thereafter.

Reason: To ensure the provision of an appropriate landscape setting to the development in the interest of visual amenity and ecology, and in the interest of highway safety in respect of driveway finishes.

• C 6. Prior to the occupation of the dwelling hereby approved the access, parking and turning areas must be provided in accordance with the approved plans. Such areas shall not be used for any purpose other than for access and the parking and turning of vehicles associated with the development and shall always remain free of obstruction for such use for the lifetime of the development.

From its junction with the public highway, the first 6m of the site access should be bound and consolidated and conditioned as such The gates should open inwards and be set back from the junction with the public highway a minimum of 5m. Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

• C 7. Prior to the occupation of the dwelling hereby approved the visibility splays shall be constructed in full accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1.05m in height above adjoining carriageway level. Reason: In the interests of highway safety.
• 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 development shall be undertaken in accordance with any of the following Classes of Schedule 1 of the Order at any time:

• o Class 14 Extension of dwellinghouse
• o Class 17 Private garages and car ports

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

• N 1. In accordance with the Highways comments the applicant is made aware that allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.

• N 2. A s109 agreement is required for access connections onto the adopted highway. You should contact the Department of Infrastructure.
• N 3. FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), came into force on the 1st January 2025.

You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.

To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.

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

Subject to conditions relating to access, landscaping and external materials the application is considered to have an acceptable visual and amenity impact that complies with D15 of the Area Plan for the South 2013, and with Strategic Policies 3 and 5, General Policy 2 and Environment Policy 42 of the Isle of Man Strategic Plan 2016 and which is also considered to meet the tests of the Residential Design Guidance 2021.

Plans/Drawings/Information; This decision relates to the following Plan received on the 4th of March 2025. Block Plan B - Drawing no.D/7740/3, All Plans, Location, Site Layout, Floor, Elevations. Drawing no.J01114-001 Revision B, Proposed house (floor plan & elevations).

_________________________________________________________________ Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal:

• o Arbory and Rushen Parish Commissioners - Support.
• o DOI - Highways Services - No objection subject to conditions; conditions included with the decision.
• o DOI Highways drainage - No objection, make applicant aware of obligations under s58
• of the Highways Act; details included with the decision. o DEFA Ecology - No objection subject to conditions; conditions included with the decision.

_________________________________________________________________ Officer’s Report

1.0 THE SITE - 1.1 The site relates to land formerly part of the garden of the detached dwellinghouse to the south, 'Longmead'. - 1.2 Located on the east side of Ballakillowey Road (the A36), in the most northerly part of Colby where the land slopes south rising to the north, the site is in a semi-rural location. The southern boundary abuts the garden of Longmead and the eastern boundary abuts the garden of 'Horizons' no.4 Hill Park; Hill Park is part of the Ballakillowey housing estate. North of the site, and on higher ground, there is a two storey detached dwellinghouse 'Strathcona'.

Opposite the site (west) there are a pair of traditional Manx cottage dwellinghouses, the nearest being Crofton Cottage that is gable side on to the road and the site. Beyond the estate the land is open countryside, pasture.

2.0 THE PROPOSAL - 2.1 This application seeks approval for the erection of an 'L' shaped 4 bedroom detached single storey dwellinghouse with integral single garage. The position of the dwellinghouse is proposed on the site of the approved two storey dwellinghouse (22/00077/B). - 2.2 The new dwellinghouse is proposed in a similar position to that approved and aside from the single storey element the main difference between the approved and proposed is that of construction. Approval is sought for a 'Scotframe' kit timber framed building. These buildings are known for high energy efficiency. The building will incorporate an air source heat pump. - 2.3 Landscaping is proposed to follow the layout from the previous approval with hedging on the west, north and east boundary. - 2.4 Details contained within the submitted plans can be summarised as follows;

• i) Front (west) elevation, grey uPVC and composite windows and doors incorporated within a façade of stone panels and white rendered walls and concrete roof tiles with black rainwater goods.
• ii) An air source heat pump is proposed on the side (north) elevation facing the field.
• iii) Openings in the side (south) elevation facing the adjacent dwellinghouse Longmead.
• iv) Openings in the rear (east) elevation facing the adjacent dwellinghouse no.4 Hill Park

3.0 PLANNING HISTORY - 3.1 There exists several applications associated with this site that includes refusals for two storey dwellinghouses and a withdrawal. However only the following are considered materially relevant in assessing this application.

• o 24/00720/B - Variation of Condition 1 to PA 22/00077/B (Erection of dwelling and attached garage with annex and creation of vehicular access) for an extension of time for a further 2 to 4 years - Approved subject to conditions.
• o 22/00077/B- Erection of dwelling and attached garage with annex and creation of vehicular access - Approved subject to conditions.

4.0 PLANNING STATUS AND POLICY Site Specific

4.1 The site lies within an area designated on the Area Plan for the South 2013 Map 7 as 'Residential'. The site is not located within a flood risk zone. The site falls within the D15 landscape character area on the Area Plan for the South 2013:

"Port Erin and Port St Mary (D15): The overall strategy is to maintain and enhance the character, quality and distinctiveness of the local built vernacular and integrity of the nucleated settlements of Port Erin, Port St. Mary and Ballagawne, the scattered traditional farm dwellings and to maintain the field pattern and semi-upland character of the upper slopes.

Key Views: Extensive panoramic views from higher ground on hill slopes along coast to the Calf of Man, inland over the Scarlett Peninsula and up the Southern Uplands and Meayll Hill."

Strategic Policy

4.2 In line with the land use designation there is a general principle in favour of residential development in this location. In the assessment of this application it is relevant to consider the following policies;

• 4.2.1 General Policy 2 (GP2), and Environment Policy 42 (EP42) which relates to development within existing settlements needing to take into account particular character and identity.

• 4.2.2 Strategic Policy 3 (SP3) also requires that proposals should have regard to the use of local materials and character in their design.
• 4.2.3 Strategic Policy 5 (SP5) requires that new development should be designed so as to make a positive contribution to the environment of the Island.

Other Material Considerations

5.0 The Residential Design Guidance 2021 (RDG) provides advice on the design of new dwellings, suggesting that the context of the site and its surroundings are appropriate considerations when considering the design of new dwellings. It also sets out the way in which the impact of development on the living conditions of those in adjacent dwellings may be measured. - 6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. Local Authority

6.1 Arbory and Rushen Parish Commissioners - Support (01.05.2025). Statutory Consultees - 6.2 DOI Highways - No objection subject to details as per the plan being conditioned and completed prior to occupation (24.03.2025). - 6.3 DOI Highways Drainage - did not object, request applicant made aware of obligation under s58 of Highways Act (16.04.2025). - 6.4 DEFA Ecosystem Policy Team - No objection subject to the previous condition being applied; prior to commencement a landscaping scheme has been submitted to and approved in writing by the department. - 6.5 The following consultees were consulted on the 8th of April 2025 but had not responded by the time this report was compiled (03.06.2025); Manx Utilities Drainage, Electricity and Water - 6.6 Residents and other

• 6.6.1 No comments received from neighbouring properties.
• 7.0 ASSESSMENT

7.1 Previous application decisions for this site make clear that the principle of a new dwelling is acceptable and this remains the case in this application. The access arrangements mimic those previously approved and no new concerns have been raised. The key issues to consider in the assessment of this application are the visual impacts on the character and appearance of the site and surrounding area and the amenity impacts on the neighbours. Visual Impact

7.2 The recent approval was for a two storey dwellinghouse. Being single storey, this proposal would have the least impact upon the landscape. The design takes account of the character of a Manx cottage with the introduction of modern fenestration. The scale, position and orientation within the planning unit takes account of the previous approval and would not appear out of character in the locality. The external wall and roof materials reflect those used in the locality. Overall from the proposal would not appear out of place and in general have a positive impact on in the streetscene which incorporates built form and rural landscape. The proposal is in line with D15, GP2 (b, c and g), EP42, SP3 and SP5. Amenity Impact - 7.3 By virtue of the approved two storey dwellinghouse, the size, scale and massing of this proposal is less than previously approved therefore the impact would be less. It is considered

that the building would not introduce harmful impacts such as overbearing or overshading to any of the adjacent neighbours.

Whilst it is noted that there is to be four openings on the rear facing 'Horizons', these are at ground floor level and will be separated by the retained boundary hedge. Previously used as a garden, where any opportunity for overlooking could take place it exists. Overlooking due to the ground floor windows could potentially be less intrusive and considered minimal due to the retained boundary treatment. As such this element is not considered a harmful or a reason for refusal.

There are less openings in the south elevation than those previously approved. For similar reasons to the previous paragraph, no harm is observed.

The proposal is considered to have an acceptable amenity impact on neighbouring dwellings and provide suitable amenity for the occupants of the new dwellinghouse. As such the proposal is in line with GP2 (b, c, g) and Residential Design Guidance 2021.

- 8.0 CONCLUSION

8.1 The site is designated for residential development and although on the edge of the settlement it is within the built form 'boundaries' of the existing housing estate. The principle of the proposal is acceptable and the design is acceptable because it takes account of the context and surrounding built form.

8.2 For the reasons set out above the application is recommended for approval subject to conditions relating to the access, hard and soft landscaping, methods for protecting the existing hedging and trees and submission of external material details. - 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: 10.06.2025 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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