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Application No.: 25/91119/B Applicant: Mr James Vickers Proposal: Replacement of existing sun room, installation of new window to south elevation, installation of solar PV panels to roof Site Address: The Barn Tosaby Road Eairy Isle Of Man IM4 3HP Senior Planning Officer: Jason Singleton Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 10.02.2026 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
N . Bats and birds are legally protected under the Wildlife Act 1990 and this includes protection from recklessness. We advise that demolition is undertaken outside of the dates of March - August inclusive to avoid nesting birds. Even if demolition takes place outside of these dates, thorough checks for bats and birds must take place prior to demolition and should evidence of bats and birds be found, works must stop and advice be obtained from the Ecosystem Policy Team on 651577.
This planning application would be an acceptable form of development that would not harm the use and enjoyment of neighbouring properties or the rural setting here which has been designed to comply with General Policy 2, Housing Policy 15 and Environment Policy 1 planning policies of the Isle of Man Strategic Plan 2016
This decision relates to drawings and supporting information received on 19th December 2025, referenced; TB-25-01A, TB-25-02A _________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Marown Commissioners - No objection _________________________________________________________________ Officer’s Report
1.0 THE SITE - 1.1 The application site lies within the curtilage of The barn, Tosaby Road. The property is characterised as a two story traditional styled dwelling house with an 'L' shaped extension of the same height. To the south elevation (rear) is a 1980's pent roof conservatory (2.5m x
2.0 THE PROPOSAL - 2.1 Proposed is the demolition of the existing pent roof conservatory, located on the rear, south elevation and in its place and slightly larger (3.5m x 4.2m) would be the erection of a modern sun room extension with a cat-slide tiled roof with glazing elements in its gable. The proposals does not extend beyond the corner building lines of the host property. Also proposed is the creation of a window in the south elevation of the building. - 2.2 The two walls of the extension would be finished in a Marley Cedral weather board with UPvc windows and patio doors with glazing up and into the roof void of the cat-slide roof. - 2.3 Also proposed, is the integration of Photovoltaic panels and a velux roof slight into the fabric of the new roof. The existing southwest facing roof slop would also include the integration four of PV panels. - 2.4 The scope of works are solely contained to the rear elevation that faces south.
3.0 PLANNING POLICY LOCAL PLAN - 3.1 In terms of area plan policy, the Area plan for the South application site is not identified within any defined settlement maps (Map 4- Ballasalla, Map 5 - Castletown, Map 6 Colby & Ballabeg) but is shown on the wider Map 3 - Proposals as white land or land not zoned for development. - 3.2 Map 2 (landscape Assessment Areas) notes the site as being within and area defined as "Incised Inland Slopes" and a reference of D14 which is cross referenced to the written statement accompanying the Area Plans where it notes; - 3.3 D14 - (Ballamodha, Earystane and St Mark's) "The overall strategy is to conserve and enhance the character, quality and distinctiveness of the area, with its wooded valley bottoms, its strong geometric field pattern delineated by Manx hedges, its numerous traditional buildings and its network of small roads and lanes. The strategy should also include the restoration of landscapes disturbed by former mining activities".
3.4 The 1982 Development Plan "1.9.1.1 This was the Isle of Man's first statutory Development Plan to be approved by Tynwald. It covers the whole Island, and is still in operation in relation to many of the rural areas. It applied to all those parts of the South not covered by the Local Plans referred to below". - 3.5 The 1982 Development plan identifies the site as being within an area of white land or not zoned for development. - 3.6 The site is not within a defined or proposed Conservation Area. There are no registered trees or tree groups within the application site. The site is not susceptible to flood risk. - 3.7 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application:
Spatial Policy; 5 Building in defined settlements or GP3 General Policy 2 General Development Considerations (a-n) 3 Exceptions to development in the countryside Environment Policy 1 Protection of the countryside and its Ecology Housing Policy 15 Extension of traditional dwellings.
3.8 Other Material Considerations The Residential Design Guidance (March 2021) which provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of any development on the living conditions of those in adjacent residential property. - 3.9 Planning Circular 3/91 - Guide to the design of residential development in the countryside.
5.1 Marown Parish Commissioners - no objection - 23/01/06
5.2 Highways Services commented have not commented at the time of writing, despite being consulted on 05/12/25. - 5.3 DEFA Ecosystems (13/01/26) object on the potential for the presence of bats in the existing building.
6.0 ASSESSMENT The fundamental issues to consider in the assessment of this planning application are; (i) Principle (iii) Visual impact (iii) Ecology PRINCIPLE
6.1 The starting point here is the land designation within the area plan which designates the site as land not zoned for development. As General Policy 3 would be applicable in this instance, the proposal is for works to the rear elevation of a residential dwelling and does not specifically fit into any of the criteria for acceptable development (a-h), therefore regard must be given to the reasonableness of the scale and siting of the proposed development within the defined residential curtilage of 'The Barn on Tosaby Road', in view of their subsequent impacts.
6.2 In this case it is relevant to give weight to Housing Policy 15 (traditionally styled properties) which allows for extensions to properties in the countryside with the emphasis on their visual impact and also any built additions must respect the proportion, form and appearance of the existing property. Environment Policies 1 which protects the countryside for its own sake and restricts development that would have an adverse visual impact on the countryside. Also the general principles contained with GP2 (a-n) that's offer guidance that specifically addresses those issues affecting building on site that would be general development control principles. On balance regard must be given to the reasonableness of the scale and siting of the proposed development within the defined residential curtilage in view of their subsequent impacts subject to the further assessment below. VISUAL IMPACT - 6.3 The demolition of the existing pent roof conservatory on the rear and in its place the replacement of a more modern sun room with a cat slide roof would be the most noticeable part of the proposal and being on the rear would not be immediately apparent. The design of this would effectively square up the corner of the building and the host dwelling being traditionally styled, the integration of a cat-slide room but with modern materials would be complementary to the property and is a notable feature as shown in PC3/91 for subordinate extensions and would be seen to be in keeping with the vernacular of the property. - 6.4 In terms of how visible the scope of works is to the existing, Hp15 seeks that the impact when or if viewable, is respectful to the property's proportions and appearance. From the highway to the west, only partial glimpsing views from the Highway could be generally achievable but only if travelling from south to north, but emphasis is placed on glimpsing. In this instance those views are dominated by the neighbouring two story dwelling house, effectively screening the application site. - 6.5 The design of the extension ensures it is respectable to the host property and its existing extension and those passing views would ensure the proposed extension would be read in the same residential context as the property and would not appear out of keeping. It is likely that the wider character and appearance of the countryside and rural landscape here will be unharmed. - 6.6 It is considered the proposal would be an acceptable form of development that would be read in accordance with Ep1, HP15, GP2, and would not have any adverse impact on that of the countryside or on the dwelling house and its rural setting. (v) ECOLOGY - 6.7 The comments from Ecosystems and the crux of their objection rests on the probability on whether there are any bats present in the existing building. Noting the above, this can be addressed though advisory notes to the applicant drawing their attentions to potential crimes under the wildlife act.
7.1 For the above reasons, it is concluded that the proposal would accord with General Policy 2, Environmental Policy 1 and Housing Policy 15 of the Isle of Man Strategic Plan 2016, and is recommended for approval. - 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:
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):
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: 11.02.2026 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
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