Officer Report

Application No.: 25/90466/B Applicant: Mr & Mrs Gimbert Proposal: Replacement of existing conservatory with single-storey sun room to rear elevation Site Address: 23 The Cherry Walk Douglas Isle Of Man IM2 5NP Principal Planner: Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 02.06.2025 _________________________________________________________________

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.

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 07.05.2025.

_________________________________________________________________ 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 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of 23 The Cherry Walk, Douglas, a two storey detached dwelling located on the eastern side of The Cherry Walk. The dwellings sits

within a housing estate of similar style/types of properties within the suburbs of Douglas, to thee north of Johnny Waterson Lane.

2.0 PLANNING POLICIES - 2.1 The application site is located within an area identified as being Predominantly Residential on the Area Plan for the East (Map 4 - Douglas), and the site is not within a Conservation Area. The site is not within a flood risks area. As such, the following parts of the Strategic Plan are relevant: - 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 have been previous planning applications associated with the site; however, none are considered relevant in the assessment and determination of this application. - 4.0 PROPOSAL

4.1 Planning approval is sought for the replacement of existing conservatory with singlestorey sun room to rear elevation. - 5.0 REPRESENTATIONS

5.1 Douglas Borough Council have no objection (13.05.2025). - 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 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.

6.3 Within the street scene, being to the rear the works would not be publicly apparent. However, notwithstanding this given there are no concerns with the design approach or the scale of the 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 properties most likely to be affected by the works are Nrs 21 and 25 The Cherry Walk which are to either side of the application site. However, given the design, scale, height, boundary treatments and distances to these properties it is not considered the potential impacts (similar size/scale as existing conservatory) 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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