Officer Report
Application No.: 25/90533/B Applicant: Mrs Rumana Pinto Proposal: Erection of single storey extension to rear elevation Site Address: Magnolia House 16 Devonshire Crescent Douglas Isle Of Man IM2 3RD Principal Planning Officer: Belinda Fettis Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 29.07.2025 _________________________________________________________________
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.
This application has been recommended for approval for the following reason.
Due to the scale, position, design and proposed materials the proposal would not cause undue harm to the character of property or locality or neighbouring residential amenity. The proposal accords with the aims and objectives of General Policy 2 and Environment Policy 22 of the Isle of Man Strategic Plan 2016, and with the Design Guide..
Plans/Drawings/Information;
This decision relates to the following Plans, drawings and detail received on the 26th of May 2025; unless stated otherwise.
- o Location Plan Drawing no.01
- o Existing Site Plans and Elevations Drawing no.02
- o Proposed Site Plans and Elevations Drawing no. 03 Revision A _________________________________________________________________
Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: o Douglas City Council - No Objection (05.06.2025)
_________________________________________________________________ Officer’s Report
- 1. THE SITE
- 1.1. The application site relates to the curtilage of a semi-detached two storey dwellinghouse; Magnolia House, no.16 Devonshire Crescent in Douglas.
- 1.2. The property is located on the northern side of Devonshire Crescent and has gardens to the front and the rear of the property. The rear elevation incorporates angular bay windows at ground and first floor level; this is replicated on the adjoining semi, no.14. No.16 has a small single storey protrusion at the western end of the north elevation and no.14 has a larger single storey pitch roof extension at the eastern end of the rear elevation.
- 2. THE PROPOSAL
- 2.1. Planning approval is sought for a single storey flat roof extension on the rear north elevation. The application is supported with plans and a covering letter, the details of which can be summarised as follows.
- 2.1.1. Remove existing ground floor angular bay window; first floor retained.
- 2.1.2. Construct extension with flat roof; Width 3095mm, depth 3300mm, height 2880mm
- 2.1.3. Distance from boundary approximately 500mm
- 2.1.4. Materials: spar dashed render to walls; match existing; fiberglass flat roof; white aluminium double glazed windows; white guttering and downpipes to match existing.
- 3. PLANNING POLICY
- 3.1.1. On the Area Plan for the East the site is within an area identified as being 'predominantly residential'.
- 3.1.2. The site is not impacted by the constraints of the following; Public Rights of Way (PROW); recorded flood zone or surface water flooding; protected tree; Registered Building or Conservation Area.
- 3.2. Strategic Plan
- 3.2.1. Taking account of the above, within the adopted Isle of Man Strategic Plan 2016, the following policies are considered relevant in the determination of this application:
- 3.2.2. Environment Policy 22 states that 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.
- 3.3. 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 accords with the criteria of the Policy;
- (a) to (n). In this case the most notable for consideration are considered to be (b) and (g);
- (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (g) does not affect adversely the amenity of local residents or the character of the locality;
- 4. OTHER MATERIAL CONSIDERATIONS
- 4.1. Residential Design Guide section 4 relating to householder extensions. Rear extensions issues of potential loss of light, overbearing and overlooking; (4.6) Rear Extensions '45 Degree Approach'; (4.7) Flat Roof Extensions; (4.8.6) Proportion of Extensions.
- 5. PLANNING HISTORY
- 5.1. There is no previous planning history.
- 6. REPRESENTATIONS
- 6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only.
- 6.2.1. Douglas Borough Council - no objection provided the development does not prohibit the storage of waste bins within the curtilage of the property.
- 6.3. Statutory Bodies
- 6.4. Highway Services - no comment.
- 7. ASSESSMENT
- 7.1.1. The site is within an area assigned to be 'Predominantly Residential' use therefore the proposal accords with the Isle of Man Strategic Plan and Area Plan. Householder extensions are generally acceptable as in paragraph 8.12.1 of the Strategic Plan.
- 7.1.2. The proposed extension is on a rear elevation and not in views that could impact the character of the streetscene. In respect of neighbours, the separation distance between the rear elevation of the site and 'Collingdene' on Alexander Drive whose garden backs onto the site is approximately 50m, therefore this proposal would not impact that neighbour. The key consideration in assessing this application are as follows:
- (7.2) Design
- (7.3) Impact upon residential amenity no.14 Devonshire Crescent.
- 7.2.1. In respect of the scale of this subservient design, the scale is considered proportionate to the scale of the host property.
- 7.2.2. In respect of the position, due to the position of the existing ground floor window at no.14, the position of the extension is likely to breach the '45 degree approach' however this is guidance only. In this instance the rear elevation is north facing and the window at no.14 is already shaded from any easterly sunshine by the pitch roof extension on that property. That window is unlikely to enjoy any beneficial sunlight from the west due to existing built form at no.16; the bay window and width of the building would limit this. Therefore the flat roof would not adversely affect the light to this window and in this instance the design is considered acceptable.
- 7.2.3. In respect of the flat roof design, this method takes account of the existing box bay window section at first floor level that would be problematic to accommodate with a pitch roof. In addition, due to the proximity of the neighbouring property and windows at ground floor level, the flat roof would reduce the massing of the extension upon the neighbour.
- 7.2.4. The proposal would not remove from the ability to store waste bins within the curtilage of the property.
- 7.2.5. Overall the simplistic design is considered acceptable and to accord with the general aims and objectives of Policies EP22 and G2. and the Design Guide.
- 7.3. Impact upon residential amenity no.14 Devonshire Crescent
- 7.3.1. The rear elevations face north as such additional light from sunrise to sunset is negligible.
- 7.3.2. No.14 has a rear extension set back from the boundary with the application site. There exists a shared wall, a fence panel on the neighbour side and a mature hedgerow on the boundary between the site and the neighbour.
- 7.3.3. The proposal will introduce built form adjacent the boundary and in view from the ground floor window. The flat roof results in a reduced mass adjacent the boundary and so reduces the impact on the neighbour's amenity.
- 7.3.4. In respect of the application site and future occupants, the flat roof ensures that the minimal level of light loss occurs for the dining room windows that are between the proposed extension and existing protrusion. Therefore amenity is preserved for the application site as well as the neighbouring site.
- 7.3.5. It is considered that due to the height and depth, the proposal would not adversely impact neighbouring amenities (loss of light, overbearing impact or loss of privacy) to warrant a refusal. Overall the proposal takes account of its' setting and meets the aims and objectives of Policies EP22 and G2. and the Design Guide.
- 8. CONCLUSION
- 8.1. The proposed rear extension in terms of its design, proportion, siting and finishes are appropriate and in keeping with the main dwelling house and would be an acceptable form of development without causing harm to neighbour amenity. Overall it is considered that the proposal accords with the aims and objectives of General Policy 2 and Environment Policy 22 of the Isle of Man Strategic Plan 2016, and with the Design Guide.
- 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: 30.07.2025 Determining Officer Signed : C BALMER Chris Balmer Principal Planner
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