Officer Report

Application No.: 25/90705/B Applicant: Mr & Mrs Scott Stewart Proposal: Erection of detached garage (amendment to 24/91168/B) (retrospective) Site Address: Crofton Baldhoon Road Laxey Isle Of Man IM4 7NA Planning Officer: Vanessa Porter Photo Taken: 31.07.2025 Site Visit: 31.07.2025 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 01.09.2025 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The garage hereby approved shall at all times be made available for the parking of private motor vehicle(s) in relation to the tourist units named "Margarita Cottage," and retained available for such use.

Reason: The original application PA20/00431/B was approved with parking for the tourist units situated where the proposed garage is to be situated and has been considered on the basis of parking for the tourist units only.

• C 2. Prior to the occupation/use of the garage hereby approved, the window to first floor level (East elevation) must be glazed with obscure glass to a Pilkington Level 5 or equivalent and permanently retained as such thereafter.

Reason: To safeguard the amenities of adjoining occupiers from overlooking and loss of privacy.

This application has been recommended for approval for the following reason. The proposal complies with General Policy 2 and Transport Policy 7 of the Isle of Man Strategic Plan 2016 Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 21st July 2025;

• o Drawing No. 24-121-PL01 Rev A
• o Drawing No. 24-121-PL02 Rev A
• o Drawing No. 24-121-PL03 Rev A
• o Drawing No. 24-121-PL04 Rev A

• o Drawing No. A773-AB-01
• o Planning Statement
• o Supporting Statements _________________________________________________________________

Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Drainage - No Objection Garff Commissioners - No Objection

_________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The site represents the residential curtilage of 'Crofton', Baldhoon Road Laxey which is an existing dwelling situated on the northern side of the Baldhoon Road, on the rising slopes of the western side of Laxey Village. The property is one of the last on the right as one leaves the village to approach Glen Roy. - 1.2 The access to Crofton, sits between 'Chalma' and 'Ballamilghn Villa' which sit to the east and west respectively, with the latter sitting directly below the application property. The access winds upward, past Margarita Cottage and there is also a pedestrian access from the main road. Margarita Cottage, Chalma and Crofton all share the same point of access from the Baldhoon Road with Margarita Cottage and Crofton having a right of way off the lane which continues northwest. - 1.3 The existing dwelling on site is a two storey detached traditional styled dwelling which has seen new extensions in the form of a two storey pitch roofed side extension and a monopitch roofed attached garage to the side of the two storey extension. - 1.4 The dwelling like the other neighbouring properties on the northern side of the highway sits on a significantly high elevation with completely conceals views from the surrounding highways, with the mature landscaping which is set around the existing dwelling serving to further screen the dwelling form public views. THE PROPOSAL

2.1 The current planning application seeks retrospective approval for the erection of a single storey garage which is situated to the first bend of the driveway, of which the garage is to measure 6.5m by 6.5m with an overall pitched roof height of 5.1m. - 2.2 The application is a copy of the previously approved application PA24/91168/B, which was for the same garage, bar due to the mapping being read wrong the garage has altered on site, and is now situated approximately 3.5m closer to the main highway. - 2.3 The planning statement received as part of the application states the following with regards to why the application has been submitted, "2.3 However, it has become apparent that the base mapping does not show the walling and steps in the position they appear on site and as such, whilst the garage is being built on the same place relative to the adjacent boundary walls, in terms of the relationship with Baldhoon Road, the garage as constructed is closer to the road by approximately 3.5m. The garage as is being constructed also has a roof light in each roof plane the installation of which would constitute Planning Development were the garage to have been completed in accordance with the approved plans, however, this is no longer proposed." PLANNING HISTORY

3.1 There are two previous applications which are relevant to the assessment of this application,

3.2 PA23/00459/B - Alterations and extensions to existing dwelling, including the removal of a two storey extension and single storey garage - Permitted - 3.3 PA20/00431/B - Conversion of dwelling to 2 holiday cottages with associated parking Permitted with the following condition; Condition 2 - Prior to the occupation of any holiday cottage the car parking area, as shown on Site Plan date stamped received 23rd March 2020, shall be provided and remain free from obstruction thereafter. Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety. - 3.4 PA24/91168/B - Construction of detached garage - Permitted with the following condition; Condition 2 - The garage hereby approved shall only be used in association with the tourist units named "Margarita Cottage" for purposes incidental to the use of the tourist units. Reason: The original application PA20/00431/B was approved with parking for the tourist units situated where the proposed garage is to be situated and has been considered on the basis of parking for the tourist units only.

PLANNING POLICY

4.1 The site lies within an area zoned as "Predominantly Residential" on the Area Plan for the East, Map 7 - Laxey. The site is not situated within a Flood Risk Zone nor a Conservation Area.

4.2 Given the nature of the site and the land designation, the most relevant Isle of Man Strategic Plan policy would be General Policy 2 which sets out the general standards towards acceptable development, this is then followed by Transport Policy 7 in connection with Appendix 7 which sets out general parking standards. - 4.3 The Residential Design Guidance (2021) is also relevant and provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential property. - 4.4 Furthermore consideration shall also be given to Community Policies 7 & 11 in respect of reducing outbreak of fire and preventing criminal activity and Infrastructure Policy 5 in respect of water conservation.

REPRESENTATIONS

5.1 The following representations can be found in full online, below is a short summery;

5.2 Highway Services were consulted on the 22nd July 25 of which no reply has been received at the time of writing this report. - 5.3 Garff Commissioners have considered the proposal and state, "The board notes that the garage has been constructed significantly off the approved footprint, which is regrettable. However, they consider that the impact of this will not be significant and have resolved not to object to the proposals." (08.07.25) - 5.4 DOI Highway Drainage have written in (07.08.25) to comment, "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: As detailed levels are not shown the Applicant should be aware of and demonstrate compliance with the clause above."

ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are:

• - character and appearance (GP2,b & c)
• - impact on neighbouring amenity (GP2, g)
• - other matters (RDG, CP7, 11 & IP5)
• - compliance with PA20/00431/B, PA24/91168/B & Transport Policy 7

- 6.2 CHARACTER AND APPEARANCE

• 6.2.1 There is a general presumption in favour of extensions or alterations to existing properties as per Paragraph 8.12.1 of the Isle of Man Strategic Plan, where such works would not have an adverse impact on either adjacent properties or the surrounding area in general.
• 6.2.2 Having visited the site, there is no doubt that the garage is imposing due to it's position within the streetscene, which would have been limited by the location of the previous application, which was closer to the dwelling and further away from the main road, whilst this is the case It's understandable on why the proposal could not be situated at the originally proposed point on the site.
• 6.2.3 Overall as stated in the previous application, the addition of the garage within this part of the property will be noticeable due to the site being elevated. Whilst this is the case Baldhoon Road is a mix of properties at varying heights, and the proposal is for a typical size and design of a residential garage which would not look out of place at the front of a residential property and once finished it is unlikely to impact the overall character and appearance of the overall streetscene above and beyond what is currently in place. As such these aspects are deemed to comply with General Policy 2 (b) & (c).

- 6.3 NEIGHBOURING AMENITY

• 6.3.1 When looking at the proposal and whether there would be an impact upon neighbouring amenity, the closest property to be impacted is "Chalma" which is situated to the East of the proposed garage.
• 6.3.2 The garage has now moved from the original position, which puts it more in line with the windows within the first floor of "Chalma," as such a request was made for glazing to be installed within the first floor window of the garage. The agent on behalf of the applicant was accepting of this and as such it should be conditioned.
• 6.3.3 Overall the level and scale of development proposed here, especially being single storey are considered to be relatively modest and not judged to cause harm to the enjoyment of the main dwellinghouse or considered to harm the neighbouring amenity (with the above condition), specifically those to the rear and sides. On balance, these aspects would be considered to be compliant with those sections of General Policy 2(g).
• 6.4 OTHER MATTERS

• 6.4.1 Whilst the proposed works are not an extension to the already existing dwelling but stand alone, it is expected that the proposal would not create any changes or new issues in respect of criminal activity or spread of fire. The proposal would be introducing a new surface area, whilst this is the case the application form provided states that any water run off would be dealt with as per the existing arrange of the main dwelling. It is not expected that the proposed garage would increase the water usage of the main dwelling and therefore there are no new issues in this respect.

6.5 COMPLIANCE WITH PA20/00431/B, PA24/91168/B & TRANSPORT POLICY 7

• 6.5.1 Lastly it's noted that the previously approved application PA24/91168/B had a condition stating that the garage should only be used in connection with the holiday accommodation so that it is still in line with PA20/00431/B.

• 6.5.2 Whilst the location of the garage has altered there is nothing to state the use of the garage has been altered, with part 5.6 of the Planning Statement stating, "5.6 The garage will provide secure parking for the users of Margarita Cottage and opportunities for bicycle storage and electric vehicle charging which are not currently available should the need arise" as such the condition should be followed through. CONCLUSION
• 7.1 The planning application would be an acceptable form of development that has been designed to ensure that it would not harm the use and enjoyment of neighbouring properties and would comply with General Policy 2 and Transport Policy 7 and therefore recommended for approval. 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. _____________________________________________________________________________________________________

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: 03.09.2025 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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