Officer Report

Application No.: 24/91403/B Applicant: Downstream Limited Proposal: Amendments to site entrance including gates, steps, retaining walls and vehicular parking with no change to highways access Site Address: Sunnybank House West Baldwin Isle Of Man IM4 5HD Principal Planner: Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 18.06.2025 _________________________________________________________________

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. No development may be commenced nor any equipment, machinery or materials be brought onto the site for the purposes of the development until a scheme for the protection of the retained trees (a tree protection plan), and details of the appropriate working methods (an arboricultural method statement), all of which shall be prepared in accordance with the recommendations of British Standard BS5837:2012 (Trees in relation to Design, Demolition and Construction - Recommendations) and shall be submitted in writing to the Department for Approval. These approved details shall be fully implemented.

In the event that trees become damaged or otherwise defective during such period, the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented. In the event that a tree dies or is wilfully removed without prior consent it shall be replaced as is reasonably practicable and, in any case, by not later than the end of the first available planting season, with trees of such size, species and in such number and positions as may be agreed with the Department.

Reason: To allow the proper consideration to be given to the impact of the proposed development on existing trees and to ensure that the development provides an acceptable visual and environmental impact.

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

Overall, the extension would have no significant impacts to residential amenities nor public amenities to warrant a refusal. It is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan 2016

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 12.05.2025.

_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No Objection Local Authority - No Objection/no comments received

_________________________________________________________________ Officer’s Report

1.0 SITE - 1.1 The application site represents the curtilage of an existing property Sunnybank House, West Baldwin. This is a traditional two storey detached property. The property sites on the corner plot, with the West Baldwin Road to the east and the Ballalough road to the north of the site.

2.0 PLANNING POLICIES - 2.1 In terms of local plan policy, the application site is not within an area recognised for development under the Area Plan for the East. The site is not within a Conservation Area. - 2.2 General Policy 2 of the Strategic Plan is considered applicable, which 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."

2.3 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative." - 2.4 Housing Policy 15 states: "The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally)."

- 3.0 PLANNING HISTORY

3.1 There are no previous planning application which are considered relevant in the assessment and determination of this application. - 4.0 PROPOSAL

4.1 The application seeks approval for amendments to site entrance including gates, steps, retaining walls and vehicular parking with no change to highways access. The main works include; o Creation of two parking spaces, by the re profiling of land and erection of retaining walls;

• o Creation of two sets of steps; and
• o New gate and gatepost within the site;

- 5.0 REPRESENTATIONS

5.1 Forestry, Amenity And Lands (DEFA) initial objection (14.05.2025). However; following additional discussions, information and visiting the site, they have no objection subject to a Tree Protection Plan being submitted.

5.2 Highway Services comment (19.05.2025); "Highway Services HDC does not oppose (DNO) the following applications. Advisory comments are applied where relevant, such as for licences to use the highway for equipment and material during works: After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking" - 5.3 Marown Commissioners have no objection (25.05.2024). - 5.4 Braddan Commissioners have no objection (29.05.2025).

- 6.0 ASSESSMENT

6.1 The key issues relate to the potential visual impact upon the landscape and potential impact upon neighbouring amenities. Potential visual impact upon the street scene

6.2 The proposed works in terms of its design, proportion, position and finishes are in keeping with the existing property and would be an acceptable form of development and would not adversely affect the countryside. Accordingly, from these respects the proposals would comply with General Policy 2 and Environment Policy 1. Potential impact upon neighbouring amenities - 6.3 The property most likely to be affected by the works is Sunny Bank House which is immediately adjacent to the application site. However, the works are modest in scale and

would not give rise to any significant adverse impacts upon neighbouring amenities to warrant a refusal. It is noted that this property is within the same ownership as the applicant.

Other matters

6.4 A condition for a Tree Protection Plan has been agreed by all parties to ensure the trees to the north of the works (entrance) are retained and protected.

- 7.0 CONCLUSION

7.1 Overall, the extension would have no significant impacts to residential amenities nor public amenities to warrant a refusal. It is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan 2016 and therefore it is recommended that the application be approved. - 8.0 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.

8.5 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: 18.06.2025 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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