Officer Report

Application No.: 25/90810/B Applicant: Mrs Lynsey Elliott Proposal: Erection of rear conservatory, alterations to doors and windows, and replacement of external store room roof Site Address: 91 Malew Street Castletown Isle Of Man IM9 1LX Planning Officer: Vanessa Porter Photo Taken: 18.09.2025 Site Visit: 18.09.2025 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 10.10.2025 _________________________________________________________________

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.

This application has been recommended for approval for the following reason. The proposal complies with Section 18(4) of the Town and Country Act (1999), General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 1st September 2-2025;

• o Drawing No. 25-069-01
• o Drawing No. 25-069-02

_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Castletown Commissioners - No objection _________________________________________________________________ Officer’s Report

THE APPLICATION SITE

1.1 The application site is within the curtilage of No. 91 Malew Street, Castletown which is a three and two storey dwelling situated to the Western side of Malew Street. THE PROPOSAL - 2.1 The current planning application seeks approval for the erection of a rear conservatory extension which is to measure 3m by approximately 5.733m, with a lean too roof and a height of approximately 2.5m. With the proposed extension the proposal also includes the blocking up of a ground floor door and for the installation of an imitation slate roof to the external store room.

2.2 The works also include the change of ground floor level to the rear of the property to facilitate the proposed conservatory. PLANNING HISTORY - 3.1 The previous applications are not relevant in the assessment of this application. PLANNING POLICY - 4.1 The site lies within an area zoned as "Predominantly Residential" on the Area Plan for the South, Map 5 - Castletown. The site isn't within a Flood Risk Zone but is within a Conservation Area.

4.2 Given the nature of the of the land designation and the property being within a Conservation Area, Section 18(4) of the Town and Country Planning Act (1999) is the most relevant in the assessment of this application. Followed by paragraph 7.29.2, Environment Policy 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area and Planning Policy Statement 1/98 - The Alteration and Replacement of Windows. - 4.3 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man - POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS, is also relevant and states; "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected." - 4.4 Also relevant tis the Residential Design Guide (2021) which offers advice on the design and in relation to visual impact and the impact on neighbours.

REPRESENTATIONS

5.1 The following representations can be found in full online;

5.2 Castletown Commissioners have considered the application and state "No Objections." (23.09.25). - 5.3 The following consultees were consulted on the 3rd September 2025, of which no reply has been received at the time of writing this report;

• - DOI Highway Services
• - Manx National Heritage
• - Registered Buildings Officer.

ASSESSMENT

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

• - Section 18(4) test - Character
• - Section 18(4) test - Appearance
• - neighbouring amenity
• - other matters 6.2 SECTION 18(4) TEST - CHARACTER

• 6.2.1 Due to the proposed works being in a Conservation Area it is necessary to test the application under section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works preserve or enhance the Conservation Area.
• 6.2.2 When looking at the character of the proposal against the Conservation Area, the site is situated within an area of residential properties, with the proposed works being residential in nature. As such the proposal would should not impact the character of the Conservation Area and the proposal will pass this part of the Section 18(4) test by preserving the Conservation Area.
• 6.3 SECTION 18(4) TEST - APPEARANCE

• 6.3.1 Turning towards the appearance of the proposal and how it might impact the Conservation Area. The main works to the proposal which might impact the Conservation Area is the proposed conservatory to the rear and also the proposed imitation slate to the existing store. When looking at both proposals, it's unlikely that they will be seen from a public vantage point above and beyond the rear alley.
• 6.3.2 Overall the rear of the properties which face onto the alleyway where there is a mix of extensions, from flat roof to pitch, as such the proposed works are unlikely to impact the streetscene above and beyond what is currently in place, with the proposal being a residential extension within a residential site.
• 6.3.3 As such with the above in mind the works will pass the Section 18(4) test by preserving the Conservation Area.
• 6.4 NEIGHBOURING AMENITY

• 6.4.1 Turning towards whether the proposed works will have an impact upon neighbouring properties. The works involve the lowering of the ground to the rear, as such it's unlikely to impact the neighbouring properties above and beyond what is currently in place. CONCLUSION
• 7.1 The proposal is deemed acceptable in terms of their form, mass and design which preserves the overall Conservation Area, and as such complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016. 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 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: 14.10.2025 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

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