Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 25/90065/B Applicant: Ellis Brown Architects Proposal: Orangery extension and additional works Site Address: The Old Vicarage Vicarage Road Douglas Isle Of Man IM4 2AB Planning Officer: Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 25.04.2025 _________________________________________________________________

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 Housing Policy 15 and General Policy 2 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 21st January 2025;

• o Drawing No. 24/3248/PL01
• o Drawing No. 24/3248/PL02
• o Drawing No. 24/3248/PL03
• o Orangery Specification

This decision also relates to an email dated received 30th January 2025 which states that the soil will be redistributed on site.

Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No objection Braddan Commissioner - No objection MUA - No objection IOM Victorian Society - No objection

_________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of The Old Vicarage, Vicarage Road which is a large detached two storey Georgian dwelling situated within its own grounds to the North of Vicarage Road. - 1.2 The site is accessed via its own entrance and driveway and has a mature hedging/ tree lined boundary THE PROPOSAL

2.1 The current planning application seeks approval for the following but not limited list of works;

• - Creation of a sunken garden measuring approximately 9.2m by 5.3m which is to be situated to the Southern side of the dwelling. The sunken garden is going to be approximately 1.3m deep.
• - Erection of single storey extension to the Western side of the dwelling, which is to measure approximately 5.6m by 5.2m, with an approximate height of 4.1m.
• - Alteration to kitchen window sizing.
• - Removal of chimney stack from the middle of the property.
• - Installation of replacement windows.

PLANNING HISTORY

3.1 When looking at the history of the site there is one application, which is relevant in the assessment of this application, PA12/00036/B - Erection of orangery extension and detached garage block, which was Permitted. PLANNING POLICY - 4.1 The site lies within an area zoned as "not for development" on the Area Plan for the East, Map 4 - Douglas. The site 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 15 is the key policy and seeks that extensions to traditional styled properties in the countryside respect the proportion, form and appearance of the existing property and that only exceptionally will extensions which measure more than 50% of the existing building be acceptable. - 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 and Environment Policy 1 seeks to prevent development which would adversely affect the side other than in exceptional circumstances.

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 summary;

5.2 Highway Services have considered the proposal and state, "No Highways Interest." (30.01.25) - 5.3 Braddan Commissioners have considered the application and state they had no objections. (19.02.25) - 5.4 MUA's Wastewater Technical Officer has considered the application and initially requested a percolation test (26.03.25), which was sent to the office on the 14.04.25. Additional comments were then received 24.04.25 which states that the test results were acceptable. - 5.5 The Isle of Man Victorian Society have written in to state that they note the orangery sits comfortably with the existing dwelling and raise concerns regarding the replacement windows within the property (14.02.25).

ASSESSMENT

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

• - principle of development (GP3, EP1 and HP15);
• - character and appearance (GP2, HP15, EP1)
• - Impact upon neighbouring amenity (GP2)
• - other matters

- 6.2 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 15 and its supporting text clearly allows for residential extensions and alterations in the countryside where they would not detract from the countryside which, in the case of the extension of traditional buildings means that the proportion and form of the building is sensitively balanced and extensions of inappropriate size or proportions will not be acceptable where these destroy the existing character of the property.
• 6.2.2 Therefore the principle of the extension and alterations are deemed acceptable in principle only, as such it is necessary to consider the character and appearance of the proposal on the main dwelling, the streetscene as a whole and whether there would be an impact to neighbouring amenity.
• 6.3 CHARACTER AND APPEARANCE

• 6.3.1 The starting point when assessing the character and appearance of the proposal upon the property is the existing dwelling, which is traditional in its appearance, hence the main policy being Housing Policy 15.
• 6.3.2 When looking at the proposed orangery which is proposed to be situated to the Western side of the dwelling, situated within the side garden of the property, due to the mature hedging and trees surrounding the site, it is unlikely that the proposal will be seen from a public vantage point. Overall, the proposal is deemed acceptable as it will match the existing dwelling

• in terms of appearance, with the form and size of the proposal being subordinate to the main dwelling.
• 6.3.3 Turning towards the sunken garden, which is to be situated within the rear garden of the property to the Southern elevation, whilst this elevation is adjacent to the main Vicarage Road, it's unlikely that this alteration to the main dwelling will be seen from a public vantage point, mainly due to the mature trees and hedging which surrounds the site as a whole. Whilst such an alteration is unusual, when taking into account the existing room to the basement level which is accessed currently via the main house and a staircase in the existing garden, the proposed sunken garden is an acceptable alteration to the property, which is unlikely to impact the character and appearance of the dwelling by itself and also within the streetscene.
• 6.3.4 The other alterations proposed to the dwelling are deemed acceptable as they are residential alterations which would not impact the dwelling on a whole.

- 6.4 IMPACT UPON NEIGHBOURING AMENITY

• 6.4.1 The proposed works are situated a large distance away from the dwellings to the North West of the property, with the other neighbours to the property being situated across the road to the South of the dwelling. The site has mature trees and hedging surrounding it which means that the works will not impact the neighbouring amenity of the surrounding properties.

6.5 OTHER MATTERS

• 6.5.1 When looking at the proposed extension to the dwelling, 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 main dwelling, any water run-off will be dealt with as per the existing arrangement of the existing dwelling. The proposed extension will not be increase water usage of the dwelling as a whole and therefore there are no new issues in this respect.

• 6.5.2 With regards to the sunken garden, the agent has confirmed that the soil which will result from the excavations will be re-distributed within the existing site, as such it is deemed that this is acceptable.
• 6.5.3 With regards to the comments raised by The Isle of Man Victoria Society, its noted that on the drawings it stated, "Note: all windows to be replaced. Exact specification to be confirmed. Visual appearance to be a like for like replacement." Whilst it's noted that the drawings do not confirm what the existing windows are, which is sliding sash with glazing bars, the agent has confirmed that they will have "sash style windows with astragal bars, no horns and with framing resembling painted timber."
• 6.5.4 Whilst the agent hasn't confirmed that the windows are going to be replaced with sliding sash and are going to be "sash style" which could be casements, to mimic sash windows, this cannot be conditioned, as there is permitted development in place for window alterations and the property isn't within a Conservation Area nor a Registered Building.

CONCLUSION

7.1 The proposal complies with Housing Policy 15 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: 30.04.2025 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

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