Officer Report

Application No.: 25/90458/B Applicant: Mr Ken LeGear & Miss Jayne Titley Proposal: Enlargement of existing attached garage Site Address: Thie Ny Droghad Upper Ballastrooan Colby Isle Of Man IM9 4NR Principal Planner: Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 10.06.2025 _________________________________________________________________

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. All existing trees as shown on approved drawing 2021-02 within the site shall be retained. 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 ensure the continuity of amenity afforded by existing trees.

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 and the Residential Design Guide 2021.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 09.05.2025.

Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Local Authority - No Objection

_________________________________________________________________ Officer’s Report

1.0 SITE - 1.1 The application site represents the curtilage of an existing property at Thie Ny Droghad, Upper Ballastrooan, Colby. This single storey detached property with dormer accommodation within roof space, includes a single attached garage. The property sites on the eastern side of Upper Ballastrooan.

2.0 PLANNING POLICIES - 2.1 In terms of local plan policy, the application site is within an area recognised as being within a "predominately residential use" under the Area Plan for the South. 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."

2.2 Residential Design Guide 2021. - 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 the enlargement of existing attached garage. The new single storey extension would have a rear depth of 6.2m, a width of 5.9m and a maximum height of 6m. - 5.0 REPRESENTATIONS

5.1 Forestry, Amenity And Lands (DEFA) make no objection (19.05.2025) commenting; "Thank you for consulting with us and we have now had an opportunity to make a cursory review of the proposal, and have the following comments.

There are no registered trees impacted and it would appear that the likely construction would have little impact upon the retained trees.

As such we have no objection at this juncture to this proposal in its current form. If you were minded to approve this application we would ask for standard tree retention conditions to be applied."

5.2 Arbory and Rushen Commissioners support the application (30.05.2025). - 6.0 ASSESSMENT

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

Potential visual impact upon the street scene

6.2 The proposed garage extension in terms of its design, proportion, position and finishes are in keeping with the existing property and would be an acceptable form of development. Accordingly, from these respects the proposals would comply with General Policy 2 and the Residential Design Guide 2021. Potential impact upon neighbouring amenities

6.4 The property most likely to be affected by the works is Awin Oirr to the north of the site. However, given the design, scale, height and distances to this property it is not considered the potential impacts (larger than existing garage) would be so significant to warrant a refusal. - 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 the Residential Design Guide 2021 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:

• 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: 10.06.2025 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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