Officer Report

Application No.: 24/91265/B Applicant: Mr Craig Lee Proposal: Erection of a single storey integral garage Site Address: 1 Hamilton Close Lower Foxdale Isle Of Man IM4 3BA Planning Officer: Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 21.01.2025 _________________________________________________________________

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.

It is considered that there is no demonstrable harm arising from the proposal and, in view of the provisions of Paragraph 9.5.8, General Policy 2, Housing Policy 16, and Transport Policy 7 of the Isle of Man Strategic Plan 2016, the application is therefore recommended for approval.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 16th December 2024;

• o Drawing No. 100
• o Drawing No. 101
• o Drawing No. 102 _________________________________________________________________

Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No objection _________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application forms the residential curtilage of 1 Hamilton Close, Lower Foxdale. The property is a semi-detached that sits to the East of the Highway. Hamilton Close is a collection of 4 blocks of three story semi detached buildings set back from the highway with integral garaging and parking for two cars to the front and two further stories of accommodation above. THE PROPOSAL - 2.1 The current planning application seeks approval for the erection of a single storey garage which is going to be situated to ground floor level at the front of the property. The garage is to measure 4.060m to the front elevation and 3.176m to the rear elevation and is to have a width of 8.9m, the overall height is to be 3.1m. The proposed material is to be red brick to match the existing dwelling. 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 "not zoned for development" and an "Areas of High Landscape or Coastal Value and Scenic Significance" on the 1982 Development Plan - South Map. The property is not within a Conservation Area or a Flood Risk Zone.

4.2 Given the nature of the application, the land designation and the traditional form of the property. Housing Policy 16 is the key policy and seeks that extension of non-traditional dwellings or those of poor or inappropriate form will not generally be permitted where this would increase the impact of the building as viewed by the public. - 4.3 There are a number of other relevant policies specific to this application, Strategic Policy 5 which seeks that new development should make a positive contribution to the environment of the Island, General Policy 2 sets out general development control standards in connection with the Residential Design Guidance, General Policy 3 states that development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan other than a number of stated exceptions, which do not include the extension of existing dwellings, Environment Policy 1 seeks to prevent development which would adversely affect the side other than in exceptional circumstances, Environment Policy 2 which seeks that the character and appearance of Areas of High Landscape or Coastal Value and Scenic Significance are not impacted and Transport Policy 7 in accordance with Appendix 7 which sets out parking standards. - 4.4 Furthermore consideration shall also be given to Community Policies 7 and 11 in respect of reducing outbreak of fire and preventing criminal activity and Infrastructure Policy 5 in respect of water conservation. - 4.5 Other material considerations for this application is the Residential Design Guidance (2021) which, although focused on dwellings within settlements, does offer advice in relation to the impact on neighbours and also Planning Policy Statement 3/91 which provides guidance on the design of residential development in the countryside.

REPRESENTATIONS

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

5.2 Highway Services have considered the proposal and state "Do not Oppose." (30.12.24) - 5.3 Patrick Commissioners were consulted on the 18th December 2024, to which no reply has been received at the time of writing this report. ASSESSMENT

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

• - principle (HP16, GP3)
• - detail of design (GP2, b,c & HP16)
• - impact on neighing amenity (GP2, g)
• - highway services (TP4 & 7)
• - other matters (RDG, CP7, 11 & IP5) PRINCIPLE

• 6.2.1 The site is not designated for development, nor does it meet the expectation criteria in General Policy 3. However, Housing Policy 16 and its supporting text clearly allow for residential extensions in the countryside where they would not detract from the countryside which, in the case of the extension of non-traditional buildings means they must not increase the impact of the building as viewed by the public.
• 6.2.2 Due to the proposed location of the single storey extension it is unlikely to impact the overall streetscene above and beyond what is currently in place, and as such would not increase the overall impact of the dwelling when viewed from the public.

• 6.2.4 Whilst the principle in general is acceptable, it is required to see whether the proposed works on this site would be acceptable.

6.3 DETAIL OF DESIGN

• 6.3.1 Turning towards the design of the proposed extension, the proposal is to be subordinate and have a flat roofed design, which isn't a feature of the row of properties, whilst this is the case, due to the location of the proposed garage within the streetscene it is unlikely to impact the overall character and appearance of the property within the streetscene and as such deemed acceptable.

- 6.4 NEIGHBOURING AMENITY

• 6.3.1 Do to the location of the proposed garage and the elevations of the proposed garage in relation to the main dwelling, it is deemed that the proposal would not impact the closest neighbour who would be "Cushag" which is situated to the Southern side of the application site.

- 6.4 HIGHWAY SERVICES

6.4.1 The application site has parking in front of the property suitable for several cars, including the existing garage which is suitable for a vehicle. With this in mind, the proposal to add a garage would not impact the existing parking on the site enough to remove the two car parking space as required of Transport Policy 7 in connect with Appendix 7.

- 6.5 OTHER MATTERS

• 6.5.1 The proposed works are an extension to an already existing dwelling, as such the proposal is not expected to create any changes or new issues in respect of criminal actively or spread of fire. The proposal whilst increasing the surface area of the dwelling, any water runoff will be dealt with as per the existing arrangement of the main dwelling. The proposed extension will not increase water usage of the dwelling and therefore there are no new issues in this respect.

• 6.5.2 The agent on behalf of the applicant has confirmed that the soil which is to be removed is to be going to a licenced tip. CONCLUSION
• 7.1 The proposal complies with Housing Policy 16 and General Policy 2 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.

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: 21.01.2025 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

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