Officer Report

Application No.: 25/90537/GB Applicant: Mr Stephen Dunne Proposal: Erection of attached garage to rear of property (in association with 25/00536/CON) Site Address: 4 Albion Terrace Lezayre Road Ramsey Isle Of Man IM8 2LW Technical Officer: Tom Sinden Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 21.07.2025 _________________________________________________________________

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. The garage hereby approved is not to be used for living/sleeping accommodation.

Reason: To avoid undue risk to occupants resulting from the site being in an area at high risk of flooding.

• C 3. The garage door hereby approved is to be a roller shutter type as outlined in the submitted information.

Reason: To prevent the approved development from resulting in any obstruction to the existing highway.

N 1. The applicant should seek to prevent, so far as is reasonably practicable, surface water from the premises flowing on to or over the highway, as required under Section 58 of the Highway Act 1986.

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

The proposals are considered to accord with strategic policy 4, environment policy 32 and general policy 2 as the special interest of the registered building would be protected and preserved, and the amenity of local residents would not be adversely impacted. The application is therefore judged to be acceptable.

Plans/Drawings/Information;

This decision relates to drawings 002, 003,004 and 005, together with the other supporting information, all submitted on 4.6.2025.

_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Ramsey Commissioners - No objection D.O.I. Highways - No objection D.O.I. Highways Drainage - No objection D.O.I. Flood Risk Management - No objection

_________________________________________________________________ Officer’s Report

1.0 THE SITE - 1.1 The site is the residential curtilage of an existing mid terraced dwelling which sits on the northern side of Lezayre Road, backing onto a rear lane which faces onto a large carpark. The terrace is uniform at the front and slightly less so at the rear where the original rear outriggers exist with a variety of different sizes and styles of windows now appear, some alongside open parking areas, some enclosed by walls and pedestrian gates and others with small garages in the rear yard accessing out onto the lane, some garages having pitched roofs and others having a flat roof. - 1.2 The property forms part of a Registered Building, Albion Terrace (RB 151) a fine neoclassical-designed terrace of nine properties.

2.0 THE PROPOSAL - 2.1 The application seeks approval for erection of a garage with flat roof to rear elevation of dwelling. The proposal would be constructed above an area of existing concrete hardstanding which is currently used to park a car. The new wall which forms the principle elevation into the lane will be 6.m in length on its longest side and 3.5m in height. Access from this space will be via a pair of double doors onto the rear lane and from a single pedestrian door. The application is concurrent with registered building consent application 25/00536/CON, and both applications are very similar to applications 21/00531/GB and 21/00532/CON, which was permitted but has now lapsed.

3.0 PLANNING STATUS AND POLICY - 3.1 The site lies within an area designated on the Ramsey Local Plan of 1998 as Predominantly Residential. The property is located as an area identified as high risk of tidal flooding. - 3.2 TOWN AND COUNTRY PLANNING ACT 1999 S16 Registered buildings: supplementary provisions

(3) In considering —

• (a) whether to grant planning approval for development which affects a registered building or its setting, or
• (b) whether to grant registered building consent for any works, the relevant Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

3.3 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016 Strategic Policy 4: Proposals for development must:

• (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest;

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 space around them;
• c) does not affect adversely the character of the surrounding landscape or townscape;

• 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 adverse effect on road safety or traffic flows on the local highways;
• j) can be provided with all necessary services" and

Environment Policy 32: Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted.

Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.

3.4 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man

POLICY RB/3 General criteria applied in considering registered building applications The issues that are generally relevant to the consideration of all registered building applications are:-

• o The importance of the building, its intrinsic architectural and historic interest and rarity, relative to the Island as a whole and within the local context;
• o The particular physical features of the building (which may include its design, plan, materials or location) which justify its inclusion in the register; descriptions annexed to the entry in the register may draw attention to features of particular interest or value, but they are not exhaustive and other features of importance, (e.g. Interiors, murals, hidden fireplaces) may come to light after the building's entry in the register;
• o The building's setting and its contribution to the local scene, which may be very important, e.g. Where it forms an element in a group, park, garden or
• other townscape or landscape, or where it shares particular architectural forms or details with other buildings nearby (including other registered buildings).

POLICY RB/5 ALTERATIONS AND EXTENSIONS In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

Registered building consent is required for the building's alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals.

Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting. Where registered buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative effect upon the building's special interest as a result of several minor works which may individually seem of little consequence.

- 4.0 PLANNING HISTORY

4.1 There are a number of previous planning applications associated with this property; however, none are considered relevant in the determination of this application.

Reference Number: 85/00387/B Status: Permitted Proposal: Demolition of existing outbuildings at rear and construction of garage, 10 Albion Terrace, Lezayre Road, Ramsey Reference Number: 87/04540/B Status: Permitted Proposal: Erection of a garage at rear of 6 Albion Terrace, Lezayre Road, Ramsey.

• Reference Number: 21/00531/GB Status: Permitted Proposal: Alterations and erection of a rear garage
• Reference Number: 21/00532/CON Status: Permitted Proposal: Registered Building consent for alterations and erection of a rear garage

- 5.0 REPRESENTATIONS

5.1 DOI Highways - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the garage will be accessed off a lightly trafficked slow speed rear service road. It is advised to condition the garage door to be roller shutter or swing inwards type only (10.6.2025).

5.2 DOI Flood Risk Management - Should the PA for the building of the garage be approved FRM recommend that it should be conditioned that the garage cannot be used as living/sleeping accommodation in the future (11.6.2025). - 5.3 DOI Highways Drainage - Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. Recommendation: No drainage details. Applicant should be aware of and comply with the clause above. Ie do not discharge surface water onto highway! (3.7.2025) - 5.4 Ramsey Town Commissioners - No objection (10.7.2025)

- 6.0 ASSESSMENT

6.1 The key issues in this case are whether the proposed garage preserves the registered building or its setting or any features of special architectural or historic interest which it possesses and whether there are any impacts of the garage and link on the living conditions of those in adjacent property.

6.2 The Terrace is registered as an entity and it is clear that the rear of the terrace possesses very little of the uniformity and detail of the front. The rear of terrace is varied from

• property to property, a number with enclosed garaging behind the outrigger with only a yard to the side remaining uncovered space, as is the case with both adjacent properties. Some open outside space remains further along the terrace. It is considered that the rear lane, adjacent car parking and retail building do not make a positive contribution to the setting of the building and what is proposed will, in any case, improve the appearance of the existing concrete hardstanding.
• 6.3 The height of the garage roof will be higher than the existing boundary wall to either side; however both neighbours have enclosed garage space in this same location and as such there would be no impact on light or outlook to the adjacent properties and it is considered that the proposals will not result in any significant impact on the living conditions of those in neighbouring property. There would appear to be no issues of safety given highways comments, the area is already used for parking and a number of the properties already have garaging in this location.
• 6.4 DOI Highways have requested that a condition be placed on any approval requiring the garage door to be roller shutter or swing inwards only. Although the proposals specify a roller shutter, it is judged sensible to add this condition for the avoidance of doubt.
• 6.5 DOI Flood Risk Management have requested a condition that the garage cannot be used as living/sleeping accommodation. Given the site is noted as being at high risk of flooding, it is judged sensible to include this condition as requested.

CONCLUSION

7.1 The proposals are considered to accord with strategic policy 4, environment policy 32 and general policy 2 as the special interest of the registered building would be protected and preserved, and the amenity of local residents would not be adversely impacted. The application is therefore 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:

• 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.

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 the 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, and/or rights to appeal.

Decision Made : Permitted Date : 21.07.2025 Determining Officer

Signed : S BUTLER Stephen Butler Head of Development Management

Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/ customers and archive record.