Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 25/90259/B Applicant: Duncan Williamson And Catherine Steward Proposal: Variation of Condition 1 of planning permission 21/00650/B (erection of new dwelling) for a further four years Site Address: Plot 2 Field 432503 Phildraw Road Ballasalla Isle Of Man Planning Officer: Lucy Kinrade Photo Taken: 20.11.2025 Site Visit: 09.07.2025 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 30.01.2026 _________________________________________________________________

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 14th July 2029.

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 occupation of the dwelling hereby approved, the off road parking, vehicular access and visibility splays (including roadside boundary treatments) shall all be provided in full accordance with the details hereby approved and retained free and available for access and parking purposes at all times.

Reason: In the interest of highway safety and to ensure suitable access and parking provision for the site.

• C 3. No site clearance, preparatory work or development shall take place until a tree protection scheme is submitted to and approved in writing by the Department. Tree protection measures shall be shown on a layout plan accompanied by descriptive text which includes but is not limited to details of;

• - The location of the trees to be retained and their canopy spreads;
• - The location of a 'construction exclusion zone'
• - The position of protective fencing and/or other protective measures required to prevent damage to retained trees.
• - An appropriate specification for the protective measures proposed.

The development must be carried out in full accordance with the approved details. No alterations or variations to the approved tree protection scheme or working methods shall be made without prior written consent of the Department.

Reason: in the interest of visual amenity to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period in the interest of appearance and character of the site and locality.

• C 4. No site clearance, preparatory work or development shall take place until a tree planting plan is submitted to and approved in writing by the Department. Where applicable the plan shall adhere to current British Standard recommendations relating to 'Trees: from nursery to independence in the landscape' (BS8545:2014) and in all cases shall include the following details:

• - the exact location, species, nursery specification and planting specification of each tree (or group of trees) to be planted. Where groups or larger areas are to be planted stating the area and planting density.
• - the approximate date when they are to be planted
• - how they will be maintained until successfully established.

The development must be carried out in full accordance with the approved tree planting plan details as approved, and any trees which, within a period of 5 years from their first planting, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation.

Reason: in the interests of visual amenity and to ensure the development is appropriately landscaped to be in-keeping with its surroundings and locality.

• C 5. No site clearance, preparatory work or development shall take place until a soft landscaping plan is submitted to and approved in writing by the Department. The development must be carried out in full accordance with the approved soft landscaping plan within the first available planting season following occupation of the dwelling. Any soft landscaping which, within a period of 5 years from their first planting, are removed, or, become seriously damaged or diseased shall be replaced in the next available planting season with others of similar size and species, unless the Department gives written consent to any variation.

Reason: in the interests of visual amenity and to ensure the development is appropriately landscaped to be in-keeping with its surroundings and locality.

• N 1. The applicant is reminded of their separate obligations under the Wildlife Act 1990 in respect of protected wildlife and invasive planting species
• N 2. The applicant is reminded of their separate obligations in respect of any licensing or consents required for importing/exporting fill on the site.

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

In light of there being no changes to the land use designation nor to the key planning policies set out in the IOM Strategic Plan 2016 and Area Plan for the South 2013 the application for a new residential dwelling remains acceptable according with General Policy 2 of the Isle of Man Strategic Plan 2016 and Planning Circular 8/89, and approval for a further four years may be granted. As per the additional assessment in respect of highways and trees, suitably worded conditions will be added to ensure access is provided in full accordance with the plans

submitted, and the need for a tree protection plan and tree planting plan be provided prior to any works commencing on the site. A condition in respect of landscaping will also help to ensure updated planting schedule is provided for wider site, and a note will be added to remind the applicant of separate obligations under the Wildlife Act 1990 in regard to invasive species, and the separate need for DEFA consent should any minerals be imported/exported from the site.

Plans/Drawings/Information; This approval relates to the following:

• o Location Plan P10-200 Rev A
• o Existing Site Plan
• o Proposed Site Plan P10-02
• o Proposed Ground Floor Plan P10-13
• o Proposed Elevations P12-11
• o Proposed Roof Plan P10-15
• o Proposed Entrance K330/P/10-16
• o Historical Info 1
• o Historical Info 2 All date published online 10 Mar 2025
• o Proposed First Floor Plan P10-14 Date published online 20 May 2025

_________________________________________________________________ Right to Appeal

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

• o Local Authority - no objection
• o Department of Infrastructure - no objection _________________________________________________________________

Officer’s Report THE SITE

1.1 The site is part of a field sitting on the western side of Phildraw Road part way up and within the 30 mph limit zone. The site sits between Cavendish House to the north (which is the home of the applicant) and Thrang End to the south. - 1.2 Opposite the site is a property which sits right alongside the road, Ballavoddan and slightly further north of this is Cheu ny Hawiney. - 1.3 The field has planning history for its development as two residential plots, this application relates to 'plot 2'. THE PROPOSAL

2.1 The site has been subject to a number of previous planning approvals explained in more detail at section 3.0 below. This application seeks the variation of condition 1 of previous approval 21/00650/B to extend approval by a further four years. - 2.2 No other changes are being made.

PLANNING HISTORY

3.1 The site has been subject to a number of previous application which relate to its development for housing. First approval was for an access and two dwellings, followed by subsequent approvals for each of the dwellings.

• 10/01078/A - Approval in principle for the erection of two detached dwellings with associated access - APPROVED

• PLOT 1 o 13/00614/B - Erection of a dwelling with associated landscaping and drainage -

• o 17/00594/B - Erection of new dwelling with associated access, landscaping and drainage - APPROVED
• o 21/00649/B - Variation of Condition 3 of previous approved PA17/00594/B to extend the period of approval for a further four years - APPROVED

• PLOT 2 o 13/00615/B - Erection of a dwelling with associated landscaping and drainage -

• o 17/00595/B - Erection of a detached dwelling with associated access, landscaping and drainage- APPROVED
• o 21/00650/B - Variation of Condition 3 of previous approved PA17/00595/B to extend the period of approval for a further four years - APPROVED

3.2 Both the 2021 applications are due to expire 10th August 2025.

3.3 Extension of time to the 2021 applications have been submitted for both Plot 1 and Plot 2 under PA's 25/90258/B and 25/90259/B concurrently. - 4.0 PLANNING POLICY

4.1 Site Specific

• 4.1.1 The site lies within an area designated on the Area Plan for the South 2013 map 4 as 'Proposed Low Density Housing in Parkland'. The site is not within any conservation area and is not recognised as being at any flood risk. There are no registered trees on the site. The site sits within landscape character area D14.

• 4.1.2 Planning Circular 8/89 covers development in such areas where is requires dwellings to be well designed and sit in a landscaped setting of at least one acre. Existing trees should be retained. In addition to this consideration shall also be given to the following:

4.2 Relevant policies of Area Plan/Local Plan o Paragraph 3.24 - iii) acknowledges Phildraw Road as low density housing in parkland. - 4.3 Relevant policies of IOM Strategic Plan 2016.

• o Strategic Policy 1(a) - most efficient use of sites and existing infrastructure
• o Strategic Policy 4(b) - protect and enhance landscape and nature conservation value
• o Strategic Policy 5 - new development (including individual buildings) should be designed so as to make a positive contribution to the environment (and in some cases a Design Statement will be required)
• o General Policy 2 - general standards towards acceptable development including visual impact, neighbouring amenity, landscape features
• o Environment Policy 42 - respect character of locality
• o Community Policy 7 - designing out crime
• o Community Policy 11 - prevention of outbreak and spread of fire
• o Infrastructure Policy 5 - water conservation and management measures
• o Paragraph 4.3.11 of the Strategic Plan states, "Merely arguing that a new building cannot be seen in public views is not a justification for the relaxation of other policies relating to the location of new development".

4.4 Reference any relevant PPS or NPD

• 4.4.1 None
• 5.0 OTHER MATERIAL CONSIDERATIONS

5.1 Legislation o None

5.2 Policy/Strategy/Guidance

• o Manual for Manx Roads (last updated June 2021)- Sections on parking standards and access
• o Residential Design Guide - Sections 1 locality and design, Section 5 Architectural details, Section 7 impact on neighbours
• o Planning Circular 8/89 - Low Density Housing in Parkland

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

6.1 Malew Commissioners - no objection (12/06/2025).

6.2 DEFA Forestry - no objection subject to conditions (23/01/2026) initial comments recognised that there were no updated arboricultural impact assessment (AIA) and Tree Protection Plan (TPP) to understand the existing situation on the site and that landscaping details included unavailable species. While no information was provided by the applicant the case officer shared site visit photographs with Foresty in respect of those trees proposed for removal along the highway edge. Update comments were received indicating that they would not object to the tree removal as the trees appear to be category C trees, however the mitigation planting shown on the site plan (P10-12) would not adequately mitigate the loss of these trees, and so two conditions sought; 1) seeking a tree protection plan, the other 2) seeking a tree planting plan.

6.3 Department of Infrastructure Highway Services - Do not oppose (20/06/2025).

6.4 DEFA Energy Policy Team - raised comments (23/06/2025) in respect of cut and fill of the land, existing and proposed levels, expected quantities and the exporting of fill off the site. They request additional detail to show the change in site levels and material management plan. They state that any minerals are to be removed from the curtilage of the surface holder's landholding that there is a requirement to obtain consent and such removal may be subject to royalty payment. - 6.5 The following were consulted but no response received at the time of writing the report 30/01/2026:

• o Manx Utilities Drainage
• o Manx Utilities Electricity
• o Manx Utilities Water
• o DEFA Ecosystems

ASSESSMENT 7.1 This site has been subject to a number of previous planning approvals for the erection of new dwellings. Each application has been considered on its own merits against planning policy and with regard to previous approval being a material consideration. Each of the previous approvals have been subject to conditions and including time limitations in which to implement the approval.

7.2 Time limitations are actioned not only to avoid the accumulation of unimplemented planning approvals, but to ensure regard is given to current and up to date planning policy and to understand whether any changes have occurred to the site or any other matters which may lead to a different decision being made.

7.3 Planning History

• 7.3.1 Planning approval was previously granted for two dwellings with a new shared access (see planning history). Both dwellings being large, two storey and set in their own grounds. Externally each had a manor house pastiche with large Georgian style glazing throughout and attached garaging creating an 'L' shape arrangement. Plot 1 also includes a large linked flat roof indoor swimming pool.

7.4 Proposal

• 7.4.1 25/90258/B and 25/90259/B continue to duplicate exactly what was approved under 2017 and 2021 and seek a further four year approval period.
• 7.4.2 As part of the assessment of each regard shall be given to the context of the site and its surrounding area, planning history, current planning policy (including any new or updated government strategies or guidance) and whether there have been any physical changes to the site which may warrant a different decision now being reached.

7.5 Site and Surrounding Area

• 7.5.1 Phildraw Road is lined by a number of dwellings along both sides of the road, some are large houses set back within landscaped grounds and others smaller traditional dwellings positioned right along the road edge. The density of dwellings along the road increases the closer you get to Ballasalla. In and around the site and lining the road are a number of trees. Phildraw Road sits close to Silverdale Glen and where there are clusters of trees lining those water routes into the Silverburn river. Directly adjoining the proposed site is a small copse of trees although these are outside of the applicant's ownership.

7.6 Policy and Other Material Considerations

• 7.6.1 In this case there have been no changes to land designation and no changes to either the IOM Strategic Plan 2016 or the Area Plan for the South 2013 which both remain key considerations. So with planning policy unchanged and the land use remaining as 'Proposed Low Density Housing in Parkland' the overall principle of residential development remains acceptable.

• 7.6.2 In terms of dwelling design, this also remains unchanged since previous approvals. Or course design trends do change over time, as does Building Control regulations and in 2020 those changes seek to support reduced carbon emissions and increased energy efficiency. Even though no changes to design have taken place since the original approvals, there has also been no changes to policy in this time, and so it would be somewhat unreasonable to now refuse the design of the dwellings, also factoring in the already varied dwellings along Phildraw Road which the proposals would sit amongst.
• 7.6.3 Since 2021 updated highway guidance has been provided within Manual for Manx Roads, comments from DEFA forestry also highlight the need for physical changes at the site to be taken into consideration. Both elements will be addressed in more details under subsequent headings.

7.7 Highways

• 7.7.1 The vehicular access design hadn't changed since 2010/2013 applications and so may be out of date with current design standards. Comments sought from DOI Highway Services confirmed no objection to the application on 20/06/2025.

• 7.7.2 The proposed access is to sit along Phildraw Road where the area is characterised by a number of existing vehicular and driveway accesses where residential traffic is to be expected pulling in and out of accesses. The proposal is provided with visibility splays providing views up and down the road and parking and turning for each dwelling off the road ensures vehicles existing in forward gear. Overall, the highway safety is considered acceptable in line with General Policy 2 (h and i) and not to result in any adverse harm to safety or traffic flows in the immediate area.

7.8 Landscaping and Trees

• 7.8.1 The previous 2021 application received concerns from DEFA Ecosystems due to some of the proposed planting being unacceptable or of an invasive species, and suitably worded conditions were added to its approval to address these matters and noting the Wildlife Act 1990 which prevents the planting of any invasive species. Similar conditions could be added again in this case for the avoidance of doubt.

• 7.8.2 DEFA Forestry initially commented on the application outlining a number of missing tree information amounting to an objection and the need to provide an up-to-date AIA or TPP to understand the current condition and state of trees on the site, mindful that significant change may have occurred since the original application submissions back in 2010 and 2013.

• 7.8.3 During an initial site visit the tree concerns were discussed with the applicant and request for further updated tree information to be provided however this was not forthcoming. A second site visit was undertaken where photographs were taken of the site and those trees proposed for removal. These were directed to the Forestry team and updated comments were received confirming no objection subject to conditions for suitable tree protection plan, and suitable tree planting plan. While tree loss should first be avoided, in this case the loss of the three indicated trees south of the access is accepted as those applications before it, and the

conditions proposed will help to ensure suitable replacements are planted in the longer term visual amenity interest of the site and surrounding area.

7.9 Any other Matters

• 7.9.1 The Energy Policy team have raised concerns that the application may result in exporting of materials of the site, and sort exportation would require separate consent. The application details the proposed site level details, there will likely be a required level of cut and fill within the site to provide the level area of the dwelling, and earth moved within the site to form the proposed sod banks along the road edge and within the site. The application seeks erection of a new dwelling and there will be some degree of ground works associated with those works, the application does not seek permission for any importing or exporting of fill. As mentioned by DEFA any exporting of fill outside of the site would require separate permissions and consent and such would be a matter outside of the planning application. A note will be added to remind the applicant of their separate obligations, but this would not be a matter to refuse this application.

- 8.0 CONCLUSION

8.1 In light of there being no changes to the land use designation nor to the key planning policies set out in the IOM Strategic Plan 2016 and Area Plan for the South 2013 the application for a new residential dwelling remains acceptable according with General Policy 2 of the Isle of Man Strategic Plan 2016 and Planning Circular 8/89, and approval for a further four years may be granted. As per the additional assessment in respect of highways and trees, suitably worded conditions will be added to ensure access is provided in full accordance with the plans submitted, and the need for a tree protection plan and tree planting plan be provided prior to any works commencing on the site. A condition in respect of landscaping will also help to ensure updated planting schedule is provided for wider site, and a note will be added to remind the applicant of separate obligations under the Wildlife Act 1990 in regard to invasive species, and the separate need for DEFA consent should any minerals be imported/exported from the site. - 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: 30.01.2026 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

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