DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/01166/B Applicant: Mr Phil O' Shea Proposal: Erection of a garden room to replace a shed and a separate decking platform (retrospective) Site Address: Maycroft Minorca Hill Laxey Isle Of Man IM4 7DN Planning Officer: Mr Peiran Shen Recommended Decision: Permitted Date of Recommendation: 04.01.2024

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

This application has been recommended for approval for the following reason. The proposed garden room and decking preserve the character of the Conservation Area.

Plans/Drawings/Information; This approval relates to the documents and drawing no. 1.7298-000, 1.7298-001, 7298-003, 7298-004 which have been received on 5th October 2023.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

Lyncroft Lodge Minorca Hill Laxey Isle Of Man IM4 7DN as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy. _____________________________________________________________________________ Officer’s Report

1.0 THE SITE - 1.1 The site is Maycroft, Minorca Hill, Laxey, a detached dwelling located on the northeast of Minorca Hill, close to its junction with Glen Road. The house sits at the bottom of a slope with its background cover some of a steep hill.

2.0 THE PROPOSAL - 2.1 The application seeks retrospective approval for a flat-roof timber garden room and a decking in the middle of the slope in the back garden.

3.0 PLANNING HISTORY - 3.1 There is no previous application considered materially relevant to this application.

4.0 PLANNING POLICY Site Specific - 4.1 The site is within an area designated as Predominantly Residential in the Area Plan for the East. - 4.2 The east half of the site is within the Laxey Conservation Area. Strategic Policy - 4.3 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:

• o Strategic Policy 3, 4(a), 5
• o General Policy 2 (b) (c) (g) (m)
• o Environment Policy 35

PPS and NPD

4.4 There is no relevant Planning Policy Statement or National Policy Directive applicable to this application.

5.0 OTHER MATERIAL CONSIDERATIONS Strategy and Guidance - 5.1 The Residential Design Guide (July 2021) provides guidance on the design of new houses and extensions to an existing property, as well as how to assess the impact of such development on the living conditions of those in adjacent residential property. Therefore, it is considered that the Guide is materially relevant to this application. - 5.2 RDG Chapter 5 sets out key considerations regarding architectural details. These include window details and external finishing. The general idea is that development should fit in with the street scene and the building itself. - 5.3 RDG Chapter 7 sets out key considerations regarding the impact on neighbouring properties. These include the potential loss of light/overshadowing, overbearing impact upon outlook and overlooking resulting in a loss of privacy.

6.0 REPRESENTATIONS - 6.1 Garff Commissioners has no objection to this application (03.11.2023). - 6.2 Highway Services states there is no highway interest in this application (23.10.2023). - 6.3 Owners/Occupiers of Lyncroft Lodge commented states they have no objection to this application (16.10.2023).

7.0 ASSESSMENT Conservation Areas Statutory Test

7.1 Before assessing elements of the proposal, as it is within a Conservation Area, a test should be applied to this proposal as mentioned in 5.1. This is whether the proposal would preserve or enhance the character of the Conservation Area. - 7.2 The garden room is partially visible to the public from the public highway. It appears more contemporary than the main dwelling. While the site is inside a conservation area, with its Manx traditional character mostly intact and this garden, the garden shed does not draw any attention when scanning through the area from a public road. Therefore, it is considered that the garden room preserves the character of the Area. - 7.3 The decking is small and not readily visible from a public highway and is therefore considered to preserve the character of the area. - 7.4 In summary, both the proposed garden room and the decking preserve the character of the area. Therefore, the application is considered to pass the test. Elements of Assessment - 7.5 The key considerations in the determination of this application are its impact on the character and streetscene of the area, and on the amenities of the neighbour. Character and Appearance of the Conservation Area - 7.6 As mentioned in paragraph 7.2-7.4, it is considered that the proposal preserve the character of the area. Neighbouring Amenities - 7.7 The garden room is considered to have no overbearing, overshadowing or overlooking impact. - 7.8 The decking is considered to have no overlooking impact.

8.0 CONCLUSION - 8.1 The proposed garden room and decking preserve the character of the Conservation Area. Therefore, it is recommend for a refusal.

9.0 INTEREST PERSON STATUS - 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land which the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

9.2 The decision-maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status.

I can confirm that this decision has been made by the Acting Head of Development Management 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

Decision Made : Permitted Date : 08.01.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

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