Officer Report

Application No.: 25/90436/B Applicant: Mr Alan Smith Proposal: Erection of attached garage and first floor extension to side of existing dwelling Site Address: 46 Magherchirrym Ponyfields Port Erin Isle Of Man IM9 6DB Planning Officer: Vanessa Porter Photo Taken: 31.07.2025 Site Visit: 31.07.2025 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 07.08.2025 _________________________________________________________________

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. The garage hereby approved shall at all times be made available for the parking of private motor vehicles and shall be retained available for such use. Reason: To provide adequate off-street parking.
• C 3. Prior to the commencement of the development hereby approved, the drainage details at site entrance, and details for drainage management and surfacing for the driveway shall be submitted to and approved in writing by the Department. Reason: In the interests of highway safety.

This application has been recommended for approval for the following reason. The proposal complies with General Policy 2 and Transport Policy 7 of the Isle of Man Strategic Plan 2016 and in turn the Residential Design Guidance 2021.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 14th May 2025;

• o Drawing No. 101
• o Drawing No. 103

• o Drawing No. 104 _________________________________________________________________

Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No objection DOI Highway Drainage - No objection Port Erin Commissioners - No objection

_________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of 46 Magherchirrym, Ponyfields which is a semi detached two storey dwelling situated to the North Eastern side of the estate as a whole to the East of Ballafesson Road. - 1.2 The property has space in tandem for two car parking spaces, with a front garden. It should be noted that the properties within the estate are stepped in appearance and as such, the property to the East of the site is stepped further behind the application site, with the property to the West of the site being stepped slightly in front of the application site. - 1.3 To the East and South West of the site are two parking areas for several cars. THE PROPOSAL

2.1 The current planning application seeks approval for the erection of a two storey extension to the side elevation which is to provide a garage to ground floor level and two wardrobes to first floor level. The proposed extension is to measure 2.8m by 6.821m, with an overall height of 6.924m. The proposal is slightly stepped in from the main elevation and reduces slightly from the main dwelling ridge. - 2.2 All materials are to match the existing dwelling, with the garage door being finished in brown. PLANNING HISTORY

3.1 There is one previous application, which is relevant to the assessment of this, PA03/00910/B which was for, "Erection of garage to side and conservatory to rear elevation," which was approved at appeal. - 3.2 It's also relevant to note the following applications for extensions within Magherchirrym; PA09/00100/B - Alterations and erection of first floor extension @ 42 Magherchirrym Permitted PA19/00582/B - Alterations, erection of rear ground floor extension and first floor extension over garage @ 58 Magherchirrym - Permitted

PLANNING POLICY

4.1 The site lies within an area zoned as "Residential Proposed" on the Area Plan for the South, Map 7 - Port Erin/Port St Mary. The property is not within a Conservation Area or a Flood Risk Zone.

4.2 Given the nature of the residential property and the land designation paragraph 8.12.1 and General Policy 2 and Transport Policy 7 from the Isle of Man Strategic Plan 2016 are most relevant to its assessment which set out the general standards towards acceptable development and parking standards.

4.3 The recently released Residential Design Guidance 2021 is also a material consideration particularly those parts in respect of good neighbourliness and overlooking. - 4.4 Furthermore consideration shall also be given to Community Policies 7 and 11 in respect of reducing outbreak of fire and preventing criminal activity and Infrastructure Policy 5 in respect of water conservation.

REPRESENTATIONS

5.1 The following representations can be found in full online, below is a short summery;

5.2 Highway Services have considered the application and state, "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking providing the garage is conditioned for the storage of vehicles only for the lifetime of the development (for safety purposes), as the proposals would remove a parking space within the site." (21.05.25) - 5.3 Highway Drainage have considered the application and state, "Allowing surface water runoff onto a public highway would contravene Section 58 of the Highways Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads." (01.07.25) - 5.4 Port Erin Commissioners have considered the application and state, "The Board of Port Erin Commissioners considered the above application and resolved to support the proposal. Please note that due to the timescale for submitting comments, this was discussed outwith an Ordinary Board meeting." (30.05.25)

ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are:

• - character and appearance (GP2, b,c)
• - impact on neighing amenity (GP2, g)
• - highway safety (GP2 & TP7)
• - other matters (RDG, CP7, 11 & IP5)

- 6.2 CHARACTER AND APPEARANCE

• 6.2.1 There is a general presumption in favour of extensions or alterations to existing properties as per Paragraph 8.12.1 of the Isle of Man Strategic Plan, where such works would not have an adverse impact on either adjacent properties or the surrounding area in general.
• 6.2.2 With the above in mind and noting that there have been other first floor/ side extensions being permitted within the estate as a whole, the proposal within this application would not look out of place within its residential setting. Whilst the proposal has not been designed to be subordinate to the existing dwelling in height, overall in terms of its form, mass and design it provides a suitable extension to an existing residential property for which there is a general presumption in favour of as stated above.
• 6.2.3 As such from a character and appearance point of view, the proposal is deemed to be an acceptable form of development that complies with those sections of General Policy 2(b) & (c) of the Isle of Man Strategic Plan 2016.

- 6.3 NEIGHBOURING AMENITY

• 6.3.1 Turning towards whether the proposal would have an impact on neighbouring amenity, with the most likely to be impacted by the works being No.45 Magherchirrym, which is situated to the North West of the site and stepped slightly in front of the application sites building line.
• 6.3.2 Whilst the proposal is situated on the boundary line, it's not proposing to add any additional windows to the West Elevation which is adjacent to No.45 Magherchirrym, the proposal will be adding an additional window to the rear elevation which will be closer to No.45

• Magherchirrym, whilst this is the case the proposal to the first floor level is a wardrobe window as such any additional perceived or actual overlooking would be minimal.
• 6.3.3 It's deemed that the overall massing as scale of the proposal would not result in an overbearing impact to the neighbouring property, especially when noting that No.45 Magherchirrym building line sits more in front of the application site.
• 6.4 HIGHWAY ISSUES

• 6.4.1 Turning towards the impact the proposal would have on the existing parking on site, whilst it's noted that the proposal has proposed a garage to the ground floor level, the garage would not meet the Manual for Manx Roads minimum width of 3m, with the internal width of the proposal at the shortest being approximately 2.5m and at the longest being 2.6m.
• 6.4.2 Whilst the above is noted, its relevant to state that the garage might still be usable for the parking of vehicles such as small cars, motorbikes or bicycles. It should also be noted that the site will still have one parking space in front of the garage, with there being two car parks situated within a short walk from the property.
• 6.4.3 It's also noted that Highway Services do not raise any objections to the proposal, though do request a condition that the garage can only be used for the storage of vehicles, as such with the attached condition the proposal is deemed that the proposal would be acceptable.

- 6.5 OTHER MATTERS

• 6.5.1 The proposed works are an extension to an already existing dwelling, as such the proposal is not expected to create any changes or new issues in respect of criminal actively or spread of fire. The proposal whilst increasing the surface area of the dwelling, any water runoff will be dealt with as per the existing arrangement of the main dwelling. The proposed extension should not increase water usage of the dwelling above and beyond what is currently in place and therefore there are no new issues in this respect. CONCLUSION
• 7.1 Overall, it is concluded that the planning application is in accordance with aforementioned General Policies of the Isle of Man Strategic Plan 2016 and is recommended for approval. RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
• 8.1 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).

8.2 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.

8.3 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. - 8.4 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. _____________________________________________________________________________________________________

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: 08.08.2025 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

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