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Application No.: 25/90639/B Applicant: Mr David Hudson Proposal: Extension of residential curtilage and construction of boundary wall Site Address: Langdale Gansey Port St Mary Isle Of Man IM9 5LA Senior Planning Officer: Mrs Louise Phillips Site Visit: 12.08.2025 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 17.09.2025 _________________________________________________________________
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.
The proposed development is contrary to General Policy 3 of the Strategic Plan because the land for the proposed curtilage extension is not zoned for development and none of the exceptions provided by the policy apply. However, the proposal would not harm the character and appearance of the area and it would thus comply with General Policy 2(b), (c) and (e) of the Strategic Plan and with Environment Policy 1. The proposal would not cause any other harm and so, in this particular case, the benefit of the proposed development to present and future occupiers of the property outweighs the "in principle" conflict with the Development Plan.
Plans/Drawings/Information; This approval relates to the following plans:
Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: o Port St Mary Commissioners - No objection (see Section 6 below).
_________________________________________________________________ Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE BECAUSE THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE PROVISIONS OF THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL.
1.0 THE SITE - 1.1 "Langdale" is a large detached dwellinghouse on the point at Gansey, on the west side of Gansey Road which runs along the shoreline. The house is positioned towards the southern end of its plot, with its driveway access, parking area and a sloping lawn to the north. It is on higher ground than Gansey Road and the footpath alongside it, at the top of a bank covered by shrubbery. Only the first floor and the roof of the building can be seen from the lower ground by the sea. - 1.2 The land to which the application relates measures approximately 418sqm and abuts the southern boundary of the site. It comprises flat improved grassland, presently used for
equestrian purposes. The open land around it to the north and west is in similar use and is divided into paddocks. It is not classified as best and most versatile agricultural land.
2.0 THE PROPOSAL - 2.1 The proposed development is to extend the residential curtilage of Langdale by taking the land described above into the garden. It would be laid to lawn or planted with low-level plants, and be used as informal amenity space for the household. It is proposed to enclose the land by extending the existing 2m high wall along the rear (western) boundary by just under 14m and providing a new, 1m high x 29m long wall along the new southern boundary. The wall would match the existing one, which is constructed in grey coloured blockwork.
3.0 PLANNING POLICY Site Specific - 3.1 The application site is not within a designated Conservations Area and there are no Registered Buildings, Registered Trees or Registered Tree Areas in the vicinity. The site is not at risk of flooding. Area Plan for the South 2012 - 3.2 The site lies outside the settlement boundary and is therefore in the countryside for planning purposes. The existing residential curtilage of Langdale is zoned as "predominantly residential", but the area proposed for the extended curtilage is not zoned for any particular purpose. Isle of Man Strategic Plan 2016 - 3.3 General Policy 2 provides various criteria for managing the impact of development, including those below which are relevant to this proposal. The development should:
3.4 General Policy 3 states that development will not be permitted outside of those areas which are zoned for development except in certain circumstances, none of which specifically apply to this proposal. - 3.5 Environment Policy 1 seeks to protect the countryside and its ecology for its own sake.
4.0 OTHER MATERIAL CONSIDERATIONS Town & Country Planning Permitted Development Order 2025 - 4.1 Schedule 1, Part 2 concerns permitted development within the curtilage of a dwellinghouse. Landscape Character Assessment, 2008 - 4.2 The site falls within Landscape Character Area E9, Rugged Coast - Bay Ny Carrickey. The Assessment notes occasional individual houses or small groups of houses fronting the seashore amongst the key characteristics of the area. In places, some of these are visually intrusive, introducing a modern visual element to the coastal edge.
4.3 The landscape strategy for this character area is to "conserve the character, quality and distinctiveness of the tranquil and coastal area with its rich ecological habitats, open and expansive panoramic views, sites of archaeological importance and to conserve the coastal setting of Port St. Mary".
5.0 PLANNING HISTORY - 5.1 In respect of the existing plot for Langdale, applications 17/00504/B and 17/01304/B (amended by 20/00689/MCH) gave permission for significant alterations to the bungalow originally on the site to create the modern, two-storey dwelling now present. The earlier planning history relates to the bungalow and is not relevant to the proposal at hand. - 5.2 The land upon which the curtilage extension is now proposed forms part of some undeveloped land to the north, south and west of Langdale which was granted Approval in Principle for the construction of a school with associated playing areas, access road and parking in 1994 under Ref. 90/01575/A. However, as this permission in principle has expired and there is no record of a full application since, this matter is not relevant to the present application.
6.1 Port St Mary Commissioners: Requested further time for consideration on 31 July 2025. Comments were requested by 18 August but, at the time of drafting this report, none had been received. - 6.2 Highways Services was consulted on 3 July 2025 but no comments have been received.
7.1 The rationale for the proposed development is to enhance the quality and amount of useable space in the garden at Langdale for the benefit of the occupiers. As a result of implementing the planning permissions referred to in Section 5 above, Langdale is now a large family home with most of its outdoor space to the front or north side. There is little space to the rear or south side of the house given the position of the building on the plot; and much of the space to the north is sloping and taken up with the driveway. - 7.2 The proposed curtilage extension onto flat land away from the access and driveway would provide more useable private outside space around the house and this would undoubtedly be a benefit to current and future occupiers. Balanced against this, the main issues to consider are the principle of the proposed development in the countryside and its effect upon the character and appearance of the area. Principle of Development - 7.3 The land for the proposed curtilage extension is outside any area zoned for development and so General Policy 3 of the Strategic Plan applies. This sets out a general presumption against development in the countryside, except for certain prescribed types. Curtilage extensions are not one of these types and so the proposed development would, in principle, be contrary to Development Plan policy. Character and Appearance - 7.4 The site has an attractive and distinctive landscape setting on the shoreline at Gansey. Neither the land for the proposed curtilage extension nor the new wall around it would be seen from the shoreline given the screening provided by the intervening bank. Consequently, the proposed development would cause no visual harm when viewed from the road or footpath by the sea; and it would not interfere with any of the physical coastal features described in the Landscape Character Assessment (flat topography, shelving stony beach, wave-cut platforms
7.9 Class 16 concerns fences, walls and gates. It is also considered necessary to remove these permitted development rights to ensure that any wall erected around the extended curtilage matches the one already on the site.
8.1 The proposed development would be contrary to General Policy 3 of the Strategic Plan because the land for the proposed curtilage extension is not zoned for development and none of the exceptions provided by the policy are met. However, the proposal would cause no harm to the character and appearance of the area and it would not cause any other harm. Therefore, in this particular case, the benefit of the development to present and future occupiers of the property outweighs the "in principle" conflict with the Development Plan and so it is recommended for approval. - 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:
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):
Decision Made: Permitted Date: 29.09.2025 Signed : Mrs Louise Phillips Presenting Officer
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