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Application No.: 25/90633/B Applicant: Mr Alan Skillicorn Proposal: Erection of a dwelling Site Address: Vacant Plot North Of Mussoorie Main Road Santon Isle Of Man IM4 1JB Planning Officer: Russell Williams Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 30.09.2025 _________________________________________________________________
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.
Reason: To ensure the use of materials appropriate to the development in order to safeguard the visual amenities of the area, in accordance with policy GP2 in the Adopted Isle of Man Strategic Plan (2016).
Reason: In order to safeguard the landscape character and appearance of the area and in the interest of biodiversity.
Reason: To ensure that sufficient on-site parking is provided to serve the development in order to avoid unnecessary on-street parking as per the requirements of the Manual for Manx Roads and Transport Policy 7 in the Adopted Isle of Man Strategic Plan (2016).
Reason: To ensure that the site is adequately drained and does not increase the risk of flooding elsewhere.
Reason: To prevent overdevelopment of the site and to control development in the interests of the amenities of the surrounding area.
Reason: To prevent overdevelopment of the site and to control development in the interests of the amenities of the surrounding area.
The development is located within the settlement boundary of Newton where the principle of new development is acceptable. The proposal will not adversely impact upon visual or residential amenity, highway safety or other matters of acknowledged planning importance.
The proposals therefore comply with Spatial Policy 4, General Policy 2, Housing Policy 4, Transport Policies 4 and 7 and Environment Policy 22 of the Isle of Man Strategic Plan.
_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services No objection DOI Highway Drainage No objection
_________________________________________________________________ Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE PROPOSAL (RESIDENTIAL CURTILAGE EXTENDS INTO LAND NOT DESIGNATED) COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.0 THE SITE - 1.1 The site comprises part of the side garden located on the south-west side of the detached, 2-storey, dwelling at 'Capella'; and, to the north-east of a detached, 1 ½ storey dwelling at 'Mussoorie', (previously known as 'Monaveen'), with its flat-roofed, garage standing closest to the site. It is located on the north-west side of the A5 Main Road in Santon, a short distance south of the Main Road junction with Clanna Road which runs in a north-westerly direction from this location. The site is set back from the road and behind a mature hedge and is separated from the carriageway by a grass verge and pavement. An electricity transmission pole stands on the verge to the front of the site. - 1.2 The site for the proposed new dwelling lies within the settlement boundary for Newtown. However, on examination of Map 11 of the Area Plan for the East the Land zoning to the rear of the site is not residential, and the settlement boundary line drawn on plan to the rear of Clannagh Lodge, and Capella (immediately to the rear of its attached rear conservatory) and excludes the access track located to the rear of these properties, with the boundary line continuing across the rear of the site to coincide with the NE corner of the garage serving 'Mussoorie'. - 1.3 The land on the opposite side of the A5 to the east comprises open fields with the outline of a horse exercise track reflecting an equestrian use. To the rear of the site the land to the north-west is indicated on the environmental constraints plan as an area of Ecological Importance.
2.0 THE PROPOSAL - 2.1 The application seeks planning permission for the erection of a detached 2 storey, 2 bedroom dwellinghouse. The dwelling takes on a traditional Manx style, with dummy chimney stacks attached to each end gable, which project above the ridgeline of the roof. - 2.2 The building will measure approx. 7.45m (w) by 6.95m (d) and 5.0m to the eaves and
2.3 The building will have a natural slate roof with walls in white painted render with black or Anthracite uPVC rainwater goods. The proposal includes a combination of white uPVC windows to the front and Anthracite to the rear.
2.2 The proposal will provide open plan living, kitchen and dining space at ground floor, together with a WC, and two bedrooms, bathroom and dressing room at first flood. - 2.3 The dwelling would be served by an existing vehicular access which exist onto Clanna Road to the north, and would provide 2 No. car parking spaces and cycle storage.
3.0 PLANNING POLICY - 3.1 The site lies within an area designated on the Area Plan for the East (2020) as Predominantly Residential where it lies within the settlement boundary for Newtown. However, on examination of Map 11 of the Area Plan for the East the Land zoning to the rear of the site is not residential, and the settlement boundary line drawn on plan to the rear of Clannagh Lodge, and Capella excludes the access track located to the rear of these properties, with the boundary line continuing across the rear of the site to coincide with the NE corner of the garage serving 'Mussoorie'. - 3.2 The site is not within a Conservation Area or flood risk area. The site is also not within a Registered Tree Area, and there are no protected trees on site. As such, the following parts of the Strategic Plan are considered relevant: - 3.3 The site lies within an area designated for residential use on the Area Plan for the South
(2013). As such, there is a presumption in favour of residential development here, subject to the general standards of development as set out in General Policy 2 as follows: "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:
3.4 Paragraph 7.34: Existing Settlements 7.34.1 Every settlement in the Island has its own individual character and identity which needs to be conserved and enhanced. If such characteristics and qualities are not to be lost, any new development must be appropriate to the locale in terms of scale, siting, design, relationship with other buildings and land uses. Area Plans should identify important spaces within settlements, whether in the form of village greens, squares or areas which simply add to the attractiveness and interest of particular areas which have positive amenity value. It is important to the attractiveness and individuality of centres that over intensive development is voided as well as the gradual merging of towns and villages in order to preserve a sense of identity and sense of place. In terms of existing settlements, in both rural and urban areas, new development will be expected to follow the following design principles. Development will need to:
3.5 3.5 Environment Policy 42 advises: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans." - 3.6 The preceding text relating to 'Backland development' advises at paragraph 7.34.1: ""Backland development(2)" (which is development on the land at the back of properties) may also be acceptable in some circumstances, but only if satisfactory access can be achieved and if there is sufficient space to provide adequate amenity for both new and existing adjoining dwellings." Note (2) advises in Appendix 1 of the Strategic Plan that Backland development is defined as: "Development on land at the back of existing properties, usually on what were the back gardens, and often without a separate road frontage." - 3.7 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are: Spatial Policy 4 Infrastructure Policy 5, Community Policy 11, Community Policy 7 Community Policy 10, Environment Policy 22, Transport Policy 4 and Transport Policy 7.
4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 The Residential Design Guide is a material consideration.
5.0 PLANNING HISTORY - 5.1 The following applications are of relevance to the development:
04/00248/A - Approval in principle for the erection of a dwelling on land forming part of Capella
6.0 REPRESENTATIONS - 6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows: Santon Commissioners - No comments received.
DOI Highway Services - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking subject to conditions on parking, turning, bins and cycle storage shown on the approved plans to be implemented before first occupation and retained thereafter.
DOI Highway 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: As no levels are shown the Applicant should demonstrate compliance with the clause above. I.e. do not discharge surface water onto the highway.
Arboricultrual Officer - There are no registered trees impacted and no other trees of note. As such we have no objection to the current proposal on arboricultural grounds. We do note that the proposed visibility splay impacts third party trees and a sod bank, and we consider that this may not be deliverable. On landscape grounds we note there is very little in the way of usable amenity space. There are a number of green dots indicated which we believe can only be indicative small shrubs and no indication of any landscaping details are provided. Additionally there are no details of the drainage system and how the additional storm water load will be dealt with on site following the conversion of a permeable site to an impermeable site. Therefore on the grounds of sustainability we cannot support this proposal in its current form.
Ecosystem Policy Team - No objection Detailed Comments The Schedule 8 Wildlife Act 1990 non-native invasive plant species montbretia Crocosmia × crocosmiiflora, is present in the bank where the front entrance to the property is to be created. It is an offence to plant or otherwise cause to grow in the wild any plants listed in Part II of Schedule 8. There is a risk that the creation of the entrance will cause the plant to spread into neighbouring verges, especially as disturbance of the root structure can re-invigorate the plant. Therefore, responsible working methods should be followed. All of the plant, including the under corms (roots) should be dug out and collected. The applicants must ensure that all plant material, especially underground corms, are collected as it will regrow and likely start spreading from any remains. Excavation depth should be a minimum of 0.75m below and around the plant. Any soil to be reused must be passed through a soil sieve and any plant fragments remaining collected and bagged. Plant material should then be securely bagged and sealed and sent to the incinerator for burning, alternatively it can be buried on site, a minimum of 2 m deep underground.
6.2 No representations have been received from members of the public.
7.0 ASSESSMENT - 7.1 The key considerations in the determination of the application are:
7.2 The site forms a vacant parcel of land adjoining the dwelling known as Mussoorie, within the settlement boundary for Newtown. It is noted that, upon examination of Map 11 of the Area Plan for the East, the Land Zoning to the rear of the site is marginally outside the settlement boundary is not residential, and the settlement boundary line is drawn on Map 11 to
7.11 As noted by the previous Inspector, "the IMSP Appendix 6 sets out that all new residential development would require adequate standards of residential amenity, including private open space such as gardens. Gardens of private dwellings need to be of a sufficient size to accommodate the day to day needs of very young children. This is even more important where the dwelling provides family size accommodation." - 7.12 Appendix 6 sets out the Plans objective for the provision of adequate standards of residential amenity, including private open space such as gardens, though the exact open space requirement is not set out and will be assessed on a case by case basis. The revised proposal, which reduces the footprint of the dwelling and provides increased amenity space to the side and rear of the garden, now offers the opportunity for the space to be properly enjoyed, with adequate provision for outdoor seating and play space for children, the latter of which was not practically accommodated. - 7.13 Having regard to the above, it is considered that the development now provides for suitable private amenity space that can be enjoyed by future occupants of the development. The proposal therefore complies with General Policy 2 (h) and the previous reason for refusal is considered to be addressed. IMPACT UPON THE CHARACTER AND APPEARANCE OF THE AREA - 7.14 The proposed dwelling would be set back on the site approx. 3.3m from the roadside boundary, and its front elevation would line up with that of the host dwelling at 'Capella'. - 7.15 The curtilage associated with the proposed dwelling will extend marginally beyound the settlement boundary and into the countryside. The impact of this will be limited and the general location of the curtilage, adjoining gardens to neighbouring properties, will not imapct upon landscape character. The general design, height and appearance of the dwelling would be reflective of properties in the area and would act as an infill plot along the road frontage, which is reflective of local character and the pattern of development. - 7.16 The general scale, form and appearance of the proposed dwelling is considered to be acceptable and complies with relevant Strategic Plan Policies and the Residential Deign Guide. TRANSPORT AND HIGHWAY SAFETY - 7.17 The comments received from DOI Highways are noted. The main point raised is by the Arboricultural Team and that relates to visibility splays on Clanna Road, which extend outside land within the red line area. Having reviewed previous applications, the same issue existed and no objection was raised. - 7.18 The development will be served by an existing access, the visibility splays of which were set out when the access was approved under application 03/01076/B. The proposal will result in a minor increase in use of the existing access and there is no objection from Highways. From a safety perspective and having regard to previous applications and Appeal decisions, the use of the access is considered to be safe. As the visibility splays would be outside of the applicants ownership, it is not proposed to impose a condition requiring their provision. - 7.19 Regarding parking provision, the application will provide 2 vehicle parking spaces together with a turning point within the site. Cycle storage sufficient for 2 bicycles is also provided within the site. - 7.20 This is considered to be acceptable and this element of the proposed development accords with the provisions of policies T4 and T7 in the Strategic Plan.
7.21 The application site is void of any features that might be considered of significant ecological value and the Ecosystem Policy Team do not object. It is noted that non-native invasive plant species montbretia Crocosmia × crocosmiiflora is present in the front boundary where a gateway is to be created. An advisory note relating to working practices is included. - 7.22 The DOI Highway Drainage team have commented on drainage for the development, however no alteration to the access or driveway are proposed and the parking and turning areas are sufficiently distant from the public highway in order for there to be no flows from the site entering the highway.
8.1 The proposed dwelling is located within the settlement boundary of Newton and will make use of an existing access and parking area that adjoins the boundary. The development is considered to be acceptable in principle and the development is considered to be well designed and reflective of local character and distinctiveness. - 8.2 Previous concerns over the lack of provision for private outdoor amenity space has now been addressed through the reduction in the size of the dwelling and, thus, the garden area serving the proposed dwelling is considered to be acceptable. - 8.3 Overall the development will not adversely impact upon visual or residential amenity, highway safety or other matters of acknowledged planning importance. The proposals therefore comply with Spatial Policy 4, General Policy 2, Housing policy 4, Transport Policies 4 and 7 and Environment Policy 22. It is therefore recommended that planning permission is granted.
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:
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):
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.
Decision Made: Permitted Date: 13.10.2025 Signed : Russell Williams Presenting Officer
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