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Application No.: 24/91191/B Applicant: Mr & Mrs Greg Wright Proposal: Installation of first-floor-level window to Front/North gable wall of dwelling. Site Address: Copper Top 1 Booilushag Ballajora Ramsey Isle Of Man IM7 1BD Principal Planner: Chris Balmer Photo Taken: 06.11.2024 Site Visit: 06.11.2024 Recommended Decision: Permitted Date of Recommendation: 19.11.2024 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
C 1. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area. This application has been recommended for approval for the following reason.
It is concluded that the planning application would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016 and Residential Design Guide 2021 having no significant adverse impacts upon private or public amenities.
Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 17.10.2024.
_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No Objection Local Authority - No Objection
1.0 THE SITE - 1.1 The application site represents a detached dwelling known as Copper Top located on the eastern side of the Booilushag Estate, 1990s estate of detached properties located on the eastern side of Maughold. - 1.2 Copper Top, along with its neighbour, Seapoint, is unique in the area due to its roof materials being copper, which has through the passage of time undergone a series of chemical reactions and now has a pale green outer layer called a patina. It has white UPVC windows and a cream render finish. - 1.3 The Booilushag Estate is characterised by a mix of dwellings of different form, layouts and appearance, along this road the majority of the dwellings are detached bungalows. Set onto the hillside, the estate slopes down towards the coastline and Port Mooar. The estate benefits from mature planting in the rear gardens and along the roads.
2.0 THE PROPOSAL - 2.1 Proposal seeks planning approval for installation of first-floor-level window to Front/North gable wall of dwelling.
3.0 PLANNING POLICY - 3.1 The site is within an area designated as 'residential' on the Isle of Man Planning Scheme (Development Plan) Order 1982, and the site is not within a Conservation Area. The site is not prone to flood risks, there are no registered trees on site, and the site is not within a registered tree area. As such, the following Strategic Plan policies are considered relevant: - 3.2 General Policy 2, states (in part): "Development which is in accordance with the landuse zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
3.3 Environment Policy 42 (In part): 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. - 3.4 Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (b) having regard in the design of new development to the use of local materials and character.
3.7 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are; Infrastructure Policy 5, Community Policy 11, Community Policy 7 and Community Policy 10. - 4.0 PLANNING HISTORY
4.1 The previous planning applications are considered relevant in the assessment and determination of the current application;
4.2 Erection of patio, walling with adjoining clock towers and associated landscaping works (Retrospective) - 22/00752/B - APPROVED - 4.3 Erection detached outbuilding - 22/00183/B - APPROVED - 4.4 Re-alignment driveway access erection of gateway piers/pillars - 17/01043/B APPROVED - 4.5 Alterations and erection of extension to provide replacement garaging and additional living accommodation - 16/00383/B - APPROVED
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. - 6.1 Department of Infrastructure (DOI) Highways Division confirms that there is 'No Highway Interest' in a letter dated 24.10.24.
6.2 Garff Commissioners have made the following comments regarding the application (11.11.2024): "It was felt that this proposal would have no detrimental impact on the character of the dwelling itself nor to the character of the Booilushag Estate area. No objection." - 6.3 No comments have been received from neighbouring properties.
6.0 ASSESSMENT - 6.1 The key issues with the proposed works are:
6.2 The application site is in area zoned as Predominantly Residential where there is a general presumption in favour of development. The proposed window would fit with the design of the existing property and would be an appropriate form of development. - 6.3 IMPACT ON THE LIVING CONDITIONS OF THOSE IN NEARBY PROPERTY (GP 2)
7.1 For the above reasons, it is concluded that the planning application would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016 and Residential Design Guide 2021 having no significant adverse impacts upon private or public amenities. It is recommended for approval. - 8.0 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:
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):
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.
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I can confirm that this decision has been made by the Acting Head of Development Management 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: 19.11.2024 Determining officer
Signed : A MORGAN Abigail Morgan Acting Head of Development Management
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