DEC Officer Report

Application No.: 24/90898/B Applicant: Mr Sam Jones Proposal: A front extension to increase the size of the existing garage and to provide an entrance porch. The erection of a small greenhouse in the garden area. Site Address: Spring Bank Baldrine Road Baldrine Isle Of Man IM4 6EB Planning Officer: Vanessa Porter Photo Taken: 11.09.2024 Site Visit: 11.09.2024 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 16.10.2024 _________________________________________________________________

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.

This application has been recommended for approval for the following reason. The proposal complies with General Policy 2, Environment Policy 10 and Transport Policy 3 & 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 14th August 2024;

• o Drawing No. A SLP 01
• o Drawing No. A EBSP 01
• o Drawing No. A EPNE 01
• o Drawing No. A EPNW 01
• o Drawing No. A EPSW 01
• o Drawing No. A EPSE 01
• o Drawing No. A EFFP 01
• o Drawing No. A EGFP 01
• o Drawing No. A PFFP 01
• o Drawing No. A PGFP 01
• o Greenhouse Details

• o Greenhouse Elevations
• o Statement

This decision also relates to Drawing No. A PBSP 02 and the Flood Risk Mitigation dated 20th September 2024 and Drawing No. A EPEE 02 dated 7th October 2024. _______________________________________________________________

Right to Appeal

It is recommended that the following organisations should be given the Right to Appeal on the basis that they have submitted a relevant objection: DOI Highway Services - objection

It is recommended that the following organisations should NOT be given the Right to Appeal: Garff Commissions - No objection ___________________________________________________________________

Officer’s Report APPLICATION SITE

1.1 The site is within the residential curtilage of Spring Bank, Baldrine Road, Baldrine which is a two-storey property situated upon a corner plot where Baldrine Road meets the Manx Electric Railway (MER). Due to the orientation of the property, the front faces onto the MER line and the rear faces onto Baldrine Road. - 1.2 To the rear of the property (facing Baldrine Road), there is enough space for two vehicles to park. PROPOSAL

2.1 The current planning application seeks approval for three things, firstly for alterations to the front boundary wall and gates, to enlarge the entrance onto the highway. This alteration is to include the removal of some fencing above the existing stone wall and removal of approximately 2.340m of stone walling to the Northern side of the entrance. The entrance pillar is to be rebuilt at a lower height of 1.11m against the boundary walk and new timber gates are to be installed measuring 5.385m, which open inwards. - 2.2 The second proposal within this application is the enlargement of the existing garage by

• 2.610m to be in line with the existing kitchen to the Western elevation. This proposal will include an infill porch and the garage is to have a cat slide roof. Within the proposal is the installation of a rooflight where the existing porch is to be situated.

2.3 The last part of the application is the installation of a greenhouse within the existing side garden to the Southern side of the property. The proposed greenhouse is to measure 2.515m by 2.845m and have a ridge height of 3m.

PLANNING POLICY

3.1 The site lies within an area zoned as "Proposed Residential" on the Area Plan for the East, Map 9 - Baldrine. The property is not within a Conservation Area. The proposed area on which the front extension is to be situated is within a High Likelihood Surface Water Flood Risk Zone.

3.2 Given the nature of the site and the land designation, the most relevant Isle of Man Strategic Plan policies would be General Policy 2 which sets out the general standards towards acceptable development and Transport Policy 7 in connection with Appendix 7 which sets out the relevant parking standards. Environment Policy 10 is also relevant due to the Flood Risk Zone and Transport Policy 3 is also relevant due to the MER railway adjacent to the site. PLANNING HISTORY - 4.1 There are no previous applications which are relevant in the assessment of this application.

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

- 5.2 LOCAL AUTHORITY

• Garff Commissioner have considered the application and state, "There were no objections to this application." (05.09.24)

- 5.3 STATUTORY BODIES

• - Highway Services have requested conditions be put upon the application and do not oppose the application. (23.09.24) The conditions are discussed in the assessment part of this report.
• - DOI Highways Drainage have considered the application and do not oppose stating, "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." (11.09.24)

ASSESSMENT

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

• - character and appearance
• - highways impact
• - flooding
• - MER

- 6.2 CHARACTER AND APPEARANCE

• 6.2.1 Paragraph 8.12.1 of the Isle of Man Strategic Plan 2016 states that there will be a general presumption in favour of extensions or alterations to existing properties where such works would not have an adverse impact on either adjacent properties or the surrounding street scene in general.
• 6.2.2 The proposed works are situated within a high prominence elevation of the property, which will be seen from a public vantage point, as such there will be a noticeable difference in the streetscene. Whilst this is the case, the impact would be minimal and over time unlikely to be noticed, as such the proposal is deemed in keeping with the main dwelling and wouldnt impact the overall character nor appearance of the streetscene and complies with General Policy 2 of the Isle of Man Stratgeic Plan.
• 6.3 HIGHWAY SERVICES

• 6.3.1 Turning towards the comments raised by Highway Services, the conditions that they want on the application and whether the proposal complies with Transport Policy 7.
• 6.3.2 When looking at the conditions in which Highway Services would like to be put upon the application, they include that the vehicle gate must swing or slide within the property and the garage must only be used for the storage of vehicles for the lifetime of the development and that the driveway and parking area on the approved layout plan must be implemented prior to first use.
• 6.3.3 The first two proposed conditions are unenforceable from a Planning Enforcement point of view, not only as it would be hard to enforce, and the Highways Act 1986 would account for the gates over a highway.
• 6.3.4 With regards to the proposed condition regarding the driveway and parking layout, there is currently two parking spaces within the property and once the garage conversion is done, there will still be two car parking spaces within the property, one within the garage and one within the existing parking area. As such this condition is not required.

- 6.4 FLOODING

• 6.4.1 Due to the site being in a High Likelihood Surface Water Flood Risk Zone, as per Environment Policy 10 a flood risk assessment is required. Additional details were requested from the agent on the behalf of the applicant, which were received and provide suitable mitigation for any surface water flooding which might occur.

6.5 MANX ELECTRIC RAILWAY

• 6.5.1 The proposed property is situated directly next to the Manx Electric Railway, which serves the Douglas to Laxey railway line. When looking at the main works, the greenhouse will be the part of the development which will be seen from the MER, whilst this is the case, a greenhouse is a residential item which would not look out of place within it's setting and as such the proposal as a whole will not detract from the MER line, and would comply with Transport Policy 3.

CONCLUSION

7.1 Overall the proposal is considered to be acceptable by not to result in any new or increased impacts on the visual amenity of the surrounding streetscene, impacts upon neighbouring amenity nor Highway Services as such the proposal complies with General Policy 2, Environment Policy 10 and Transport Policy 3 and 7 of the Isle of Man Strategic Plan 2016. 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. _____________________________________________________________________

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: 17.10.2024 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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