Officer Report

Application No.: 25/90573/B Applicant: Mrs Rebecca Paterson Proposal: Replacement of uPVC bay window and doors with new windows and cladding Site Address: 39 Ballagarey Road Glen Vine Isle Of Man IM4 4EF Principal Planning Officer: Belinda Fettis Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 24.07.2025 _________________________________________________________________

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. This permission is granted on the basis that no trees will be felled or damaged as part of the development, as indicated in the application.

This application has been recommended for approval for the following reason.

The proposal is considered acceptable in respect of design and visual impact upon the character of the property and would not harm residential amenity. Therefore the proposal is considered to accord with the General Policy 2 of the Isle of Man Strategic Plan 2016 and the Design Guide.

Plans/Drawings/Information;

This decision relates to the following detail, plans and drawings received on the 4th of June 2025 unless otherwise stated;

• o Location Plan, Site Plan, Existing Plans and Elevations, numbered 25/3673/01
• o Proposed Plans and Elevations, numbered 25/3673/02
• o Planning Statement ________________________________________________________________

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. THE SITE

• 1.1. The site is within the curtilage of a detached dwellinghouse on the west side of Ballagarey Road, no.39. The dwellinghouse has single and two storey elements that take account of the topography, below multiple dual pitched roofs.
• 1.2. The site is within the village of Glen Vine and in this location of Ballagarey Road properties are of mixed design and scale.

2. THE PROPOSAL

• 2.1. Planning approval is sought for the installation of replacement uPVC windows and addition of cladding in sage green. The proposal involves removal of a patio door. There are internal alterations that do not require planning permission therefore these are not assessed but will be subject to building regulation approval. The majority of the replacements are of similar or same fenestration to those existing however the major change can be summarised as follows:

• (a) On the side south elevation, remove the elevation on the larger of two dual pitch protrusions and replace it with a new wall that incorporates 4 two pane windows symmetrically lined with the windows in the smaller dual pitch protrusion. This elevation and its sides will be clad in sage green composite cladding.

1. PLANNING POLICY 3.1. Site Specific 3.2. On the Area Plan for the East, Map 10 'Crosby and Glen Vine', the site is in an area identified as being 'Predominantly Residential'. 3.3. There are no constraints on the site such as Conservation Area or flooding. 3.4. Strategic Plan 3.5. Within the Isle of Man Strategic Plan 2016 the following policy is considered relevant:

• 3.5.1. General Policy 2 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:

• (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 affect adversely the amenity of local residents or the character of the locality;

- 4. OTHER MATERIAL CONSIDERATIONS

• 4.1. The Residential Design Guide provides guidance on all aspects of design including architectural guidance to ensure retention of the existing character of a building that includes attention to detail of scale, position, symmetry, glazing and texture.
• 5. PLANNING HISTORY

• 5.1. There have been a number of applications for the site, pre-1995, and none considered materially relevant to the determination of this proposal.

6. Representations

• 6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only.
• 6.2. Local authority

• 6.2.1. Marown Parish Commissioners - No objection (17.07.2025).
• 6.3. Statutory Bodies

• 6.3.1. Forestry, Amenity and Lands; (27.06.2025 ) The proposal 'would have little impact upon the retained trees' but ask that if approved standard tree retention conditions are applied.
• 6.3.2. The following bodies were consulted on 26.06.2025 but as of the date this report was drafted (24.07.2025) no comments have been received therefore it is assumed that they have no comments to make on the application.

• o Manx Utilities.
• o Highway Services.

• 7. ASSESSMENT 7.1. The domestic alterations are within a residential area on the area plan therefore the principal of the proposal is acceptable. The major works are on a rear side elevation and not within the streetscene therefore the main considerations in assessing this application are considered to be as follows.

• (7.2) Design
• (7.3) Impact upon residential amenity
• (7.4) Trees

7.2. Design

• 7.2.1. The existing design is unusual but not of any special architectural merit to warrant retention. The planning statement makes clear the reasons for removing the glazing.
• 7.2.2. The proposal will result in a unified elevation introducing symmetry to the design of the dwellinghouse. Therefore the proposed design is considered an improvement; The use of cladding adds a modern touch.
• 7.2.3. Because the elevation is inward facing there are no impacts on the streetscene and therefore no impacts on the character of the locality. The character of the property will change but not be harmful.

• 7.3. Residential Amenity

• 7.3.1. The south elevation faces inwards towards the detached dwellinghouse to the south. The site and the neighbouring property are similarly orientated.
• 7.3.2. Because the proposal is a reduction in glazing, the proposal would not cause harm to the amenity of the neighbour.

7.4 Trees

• 7.4.1 Forestry, Amenity and Lands have responded to consultation saying that the proposal is unlikely to be harmful to retained trees however requested a standard condition is included if the application is approved. Specific details are not proposed and the application relates to replacement windows and cladding on the elevation of the building, therefore a proportionate condition stating that no trees shall be felled during the works has been included with the decision.

8. Conclusion

• 8.1. The proposal is considered acceptable in respect of design and visual impact upon the character of the property and would not harm residential amenity.

• 8.2. Therefore the proposal is considered to accord with the General Policy 2 of the Isle of Man Strategic Plan 2016 and the Design Guide.
• 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

9.1 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).

9.2 Article A10 sets out that the right to appeal is available to:

• o 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.

9.3 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. - 9.4 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.

9.5 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: 24.07.2025 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

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