12 August 2024 · Delegated
1 The Court Yard, Tromode Road, Douglas, Isle Of Man, IM2 5ej
Permission was granted for four single-storey extensions to a 1½-storey detached dwelling at 1 The Courtyard, Tromode Road, Douglas. The proposal comprised two extensions to the south-east elevation, one to the south-west elevation, and a ground-floor extension beneath an existing canopy roof. The existing property is a white painted pebbledash and render dwelling with black wooden detailing, a natural slate roof, and an open veranda on its north-west side. It sits within a spacious plot set back from Tromode Road. The officer's key considerations were the visual impact of the extensions, the effect on a mature Beech tree located close to the proposed works, and flood risk implications. The application was decided by delegated authority and permitted on 12 August 2024, with three conditions attached.
The application was permitted on a delegated basis on 12 August 2024, subject to three conditions. The officer assessed visual impact, the effect on a mature Beech tree on site, and flood risk implications, and recommended approval. No conflicts with the final decision were identified.
Environment Policy 1
accords with the provisions set out in Policies GP2 b, c, and g; and, ENV1, 3, 10, 22 and 23
Environment Policy 1: 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 o utweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative. 7.6 Landscape Assessment and Classification 7.6.1 The present system of landscape classification remains relevant and important. However, a review of the current landscape classification system is underway in the form of an Island wide landscape and coastal quality assessment. This will identify different categories of landscape and coastal importance in order for development to be managed effectively in these areas and appropriate protection policies to be formulated. This exercise will investigate the appropriateness of designating a 'coastal planning zone' which would extend both seaward and landward of the coastline depending on the ext ent of the mean low water mark in the case of the former and the extent of direct maritime -influenced and coast - related activities in the case of the latter. The landscape assessment will also include management guidelines with respect to development not only in the designated areas but in the wider countryside as well.
Environment Policy 3
Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas
Environment Policy 3: Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi -natural woodlands, which have public amenity or conservation value. 7.8 Wildlife and Nature Conservation 7.8.1 The Isle of Man has both nationally and internationally important wildlife species and habitats including important marine habitats. Protection is afforded at a national level by statutory designations under the Wildlife Act 1990 and also under the Manx M useum and National Trust Act 1959. The 1990 Wildlife Act makes provision for the protection of birds, other wild animals and wild plants, as well as their habitats, both terrestrial and marine. It makes provisions for the establishment of Areas of Special Protection for birds, plants and animals (ASPs), Areas of Special Scientific Interest (ASSIs), National Nature Reserves (NNRs) and Marine Nature Reserves (MNRs). The Ayres has been declared a National Nature Reserve as well as an Area of Special Scientif ic Interest and it is the intention to develop a network of ASSIs in the future. The Island currently has the following designations and protected areas: Areas of Special Scientific Interest Nature Reserves under the ownership and/or management of the Manx Wildlife Trust Areas of Special Protection for Birds and Bird Sanctuaries Areas of ecological importance or interest afforded protection under the Area Plans and the 1982 Order One RAMSAR site Over 2000 acres of National Trust Land designated under the Manx Museum and National Trust Act 1959 7.8.2 There are currently no Marine Nature Reserves (designated by Department of Agriculture Fisheries and Forestry (DAFF) up to the Mean High Water mark) or Areas of Special Protection for plants and animals an d currently no Wildlife Sites (1) (non-statutory sites) but the system for identifying them is in place, the process of identification has begun, and the concept is supported. 7.8.3 In addition to the above, wetland areas of high ecological value may be designated as Ramsar sites under the Convention on Wetlands of International Importance which has applied to the Isle of Man since 1992. The Ballaugh Curragh has been so designated (September 2006), and the Island is bound by the Convention to the "wise use" of wetlands, including rivers and coastal waters. The Isle of Man also applies the Berne Convention on European Wildlife and Natural Habitats (covering Emerald sites, none as yet designated on the Island) and the Bonn Convention on the Conservation of Migratory Species of Wild Animals and the Eurobats Agreement on Bats Conservation. 7.8.4 The Freshwater environment is important to the sustainability of native fish stocks. Under the Island Fisheries Act 1996 there is a requirement to protect and conserve native stocks of salmon, trout and sea trout. 7.8.5 In considering any development proposals on sites recognised for their ecological and scientific value, the Department will gi ve full consideration to the legislation, policies and conservation objectives, which may be relevant including the Wildlife Act 1990 and species listed in Schedules 1 -8 to the Wildlife 1990 Act and other habitats and species which are widely regarded as l ocally important. In association with the Department of Agriculture Fisheries and Forestry and the Department of Transport, the Department has commissioned the Manx Wildlife Trust to undertake a survey of locally significant sites. The results of this survey work will be available for public scrutiny before inclusion in Area Plans as they become available. 7.8.6 Development which would affect any proposed or other recognised site of conservation value, including areas of ecological interest, will only be permitted where it can be demonstrated that: the proposed development will not compromise the conservation objectives of the site or unacceptably harm its conservation value and its overall integrity; there is proven public interest where safety or exce ptional social or economic considerations outweigh the ecological importance of the site; and the need for the development cannot be met in other less ecologically damaging locations or by reasonable alternative means.
Environment Policy 10
Environment Policy 10: Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4.
Environment Policy 22
Environment Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution. 7.17.2 In addition to the above, changes in the activities associated with the current permitted use of land or a building, which in themselves do not constitute development and therefore do not require planning permission, can have an adverse impact on adjacent properties by virtue of noise, light or general disturbance. For example the addition of security lig hting on a property may cause light pollution affecting adjacent properties and the wider area. The introduction of new activities into established parks and recreation areas can have an impact on neighbours. In such cases the Department would advocate t he person or organisation considering the change to give careful consideration to the potential impact of such activity in terms of location, siting and design.
Environment Policy 23
When considering alterations and improvements to existing facilities the Department will require that consideration be given to the potential adverse impact of the proposed changes to existing neighbours
Environment Policy 23: When considering alterations and improvements to existing facilities the Department will require that consideration be given to the potential adverse impact of the proposed changes to existing neighbours. 7.18 Environmental Impact Assessment(1) 7.18.1 Environmental Impact Assessment (EIA) is an important procedure for ensuring that the likely effects of new development on the environment are fully understood and taken into account before the development is allowed to go ahead. It is a process by which information about the likely environmental effects of certain types of development is collected, assessed and taken into account by the developer (as part of project design) and by the planning authority (in determining the acceptability of the application). In cases w here developments are likely to have significant environmental effects, whether public or private, by virtue of their nature, size or location, EIA's will be required and the general principles set out in Appendix 5 should be followed. 7.18.2 For some types of development, EIA's will be required in every case, whilst other development will only require an EIA if the particular project is judged likely to give rise to significant environmental effects. Where development does not fall wit hin these categories, (1) Environmental Impact Assessment is defined in Appendix 1 but still has a significant effect on the environment, the Department will require suitable supporting environmental information. The main criteria for judging significance are as follows: i. major developments which are of more than local importance; ii. developments which are proposed in particularly environmentally sensitive or vulnerable locations; iii. developments with unusually complex and potentially hazardous environmental effects. 7.18.3 A Planning Policy Statement will be issue d specifying the manner in which the Department intends to deal with applications which should be subject to EIA. Pending the adoption of the proposed Planning Policy Statement the Department will adopt current practice on EIA's from England and Wales set out in the publication "Environmental Impact Assessment: A Guide to Procedures" (1).
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
The development, hereby permitted, shall be fitted out as follows: - All electric sockets must be positioned at height of at least 450mm above the floor level as required in Part M of the Building Regulations. - All external doors to the extensions must have built in flood protection properties. Thereafter, all such fixtures and fittings shall be retained and maintained for the lifetime of the development.
Condition 3
No works shall commence on site until a plan showing provision of a Construction Exclusion Zone, CEZ, has been submitted to and approved in writing by DEFA Planning. All tree protection measures to protect the T1 Beech tree shown on the approved layout plan, including details of any protective fencing, shall be installed in accordance with the advice outlined in BS5387:2012, with such fencing being installed prior to any other works of development being carried out on site. The protective fencing shall remain in situ until the extensions first come into operation. The development shall be carried out in accordance with the Drawings and details stamped received and dated 13 March 2024, unless otherwise stated: - Drawing No. 01 - Site Location Plan; - Drawing No. 02 - Site Plan; Drawing No. 04 - Plans and Elevations as Proposed -excluding any tree protection measures no covered by any planning condition attached to this approval.