Officer Report

Application No.: 25/90019/B Applicant: Mr & Mrs Russell and June Collister Proposal: Erection of a new dwelling Site Address: Plot East Of Roughlands Castletown Road Port St Mary Isle Of Man IM9 5LT Planning Officer: Paul Visigah Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 08.05.2025 _________________________________________________________________

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.

• C 2. Prior to the occupation of any dwelling hereby approved, the garage, car parking and manoeuvring areas shall be provided in accordance with the approved plans. Such areas shall not be used for any purpose other than for purposes associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety.

• C 3. The development hereby approved shall not be occupied or operated until all access design and visibility splays have been provided in accordance with the approved plan (Drawing No. 2403_102 Rev A). The visibility splay shall have no obstructions greater than 1m in height within the splay zone and shall be retained as such thereafter.

Reason: To ensure that sufficient provision is made for off-street parking in the interests of highway safety.

• C 4. The access to the site shall be bound and consolidated within 5 meters of the adopted highway boundary.

• Reason: To ensure a durable and stable surface that prevents debris from being carried onto the public highway, in the interest of highway safety.
• C 5. Prior to the occupation of the dwelling hereby approved, the surface water drainage system, including the use of soakaways, shall be implemented in accordance with Drawing No. 2403_102 Rev A. The surface water drainage system shall be permanently retained thereafter in accordance with the approved scheme.

Reason: To ensure adequate drainage facilities are provided and retained, in the interests of the amenity of the area.

• C 6. No above ground floor development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces (including brickworks and mortar details), including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless strictly in accordance with the approved details.

Reason: To ensure that the development is carried out to the highest standards of materials, in the interests of the appearance of the development and the visual amenities of the area.

• C 7. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2025 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling, and no garages or other free standing buildings shall be erected within the curtilage of the dwellings hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
• C 8. Prior to the installation of external lighting at the site, a detailed external low level lighting scheme shall be submitted to and approved in writing by the Department. The lighting of the site will be designed in accordance with the recommendations outlined in the BCT and ILP Guidance Note 8 Bats and Artificial Lighting (12th September 2018).

The lighting details shall include detailed drawings of the proposed lighting columns and fittings, information about the levels of luminance and daily duration and any measures for mitigating the effects of light pollution.

The development shall not be carried out other than in accordance with the approved plan. Reason: To provide adequate safeguards for the ecological species existing on the site.

• C 9. Notwithstanding the details that have been submitted, no above ground floor development shall commence until a detailed soft landscaping scheme incorporating native hedging, has first been submitted to the Department in writing to be agreed.

The scheme shall include a detailed landscaping layout, details of planting including plant sizes and proposed numbers/densities, site levels, and details of the landscape features (hedges and trees) marked to be retained on site, as well as a programme for the implementation and completion of the proposed landscaping.

The development shall be carried out in accordance with the approved scheme and as such thereafter.

Any retained tree or plantings within the site which within five years of the approved development being occupied or completed (whichever is the later) dies, are removed or

become seriously damaged or diseased shall be replaced by a similar species, of a size to be first approved in writing by the Department, during the next planting season or in accordance with a programme of replacement to be agreed in writing with the Department.

Reason: In the interests of protecting and enhancing the biodiversity of the environment.

• C 10. Prior to commencement of development hereby approved, a bird brick plan shall be submitted and approved in writing, recommending integrated bird bricks suitable for starlings or house sparrows instead of bird boxes. The bird and bat mitigation measures shall then be fully implemented in accordance with the approved plans and retained as such thereafter.

Reason: To ensure adequate safeguards for the ecological species existing on the site and locality, in line with Environmental Policies 4 and 5.

• C 11. The clear glass balustrades must be installed with methods for the prevention of bird strike which may include etching, decals or ultraviolet coatings prior to the building being brought into use and shall be retained as such thereafter.

Reason: In the interest of preventing bird strikes, given the large size of glazing and location of dwelling.

• C 12. Prior to the commencement of development hereby approved, a formal power line diversion plan shall be submitted to and approved in writing by the Department. The plan shall ensure compliance with Energy Policy 2 and General Policy 2 (m), addressing public safety, infrastructure integrity, and required clearances. The diversion works shall be fully implemented prior to the erection of any dwelling on-site and retained as such thereafter.

Reason: To ensure the safe and compliant relocation of the existing overhead power lines, maintaining public safety and infrastructure integrity in accordance with Energy Policy 2 and General Policy 2 (m).

This application has been recommended for approval for the following reason.

The proposed development does not fully align with the broader principles of General Policy 3 (GP 3), Housing Policy 4 (HP 4), Environment Policy 1 (EP1), and Strategic Policy 3 (SP 3), which seek to restrict development outside designated areas and preserve the countryside. However, Strategic Policies 1, 2, and 10 provide flexibility for sustainable extensions to existing settlements, particularly where access to infrastructure, transport, and essential services is optimized. The site's proximity to existing residential areas and public transport networks, including a bus transit corridor in Port St. Mary, ensures strong connectivity, reducing reliance on private car use in line with Strategic Policy 10. The design and layout integrate well with the built environment, maintaining visual and residential amenity while biodiversity concerns are addressed through mitigation measures. The proposal exceeds parking requirements, ensures adequate highway access, and incorporates necessary infrastructure safeguards, including conditions for power line diversion under Energy Policy 2 and General Policy 2 (m). Additionally, the site's Class 3 agricultural soil classification confirms it does not result in the loss of high-quality agricultural land, meeting the requirements of Environment Policy 14.

Plans/Drawings/Information; This decision relates to the following documents and plans: Drawings:

• o DWG No. 100 - Location Plan
• o DWG No. 101 - Site Plan Existing
• o DWG No. 102_A - Site Plan Proposed (24 Feb 25)
• o DWG No. 103 - Detailed Plans

• o DWG No. 104 - Elevations
• o DWG No. 105 - Street Elevations
• o DWG No. 106 - Site Sections (24 Feb 25)
• o DWG No. 24602 S 1 - Measured Survey Documents:
• o Ecology Vannin Report (28 Mar 25)
• o Biodiversity Plan Correspondence:
• o Correspondence from Agent to Planning Officer on Soil Extraction (29 Jan 25) _________________________________________________________________

Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal:

• o DOI Highway Services - No objection
• o DOI Highways Drainage - No objection
• o Manx Utilities Authority (Electricity) - No objection
• o Arbory and Rushen Parish Commissioners - No objection _________________________________________________________________

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL

1.0 THE APPLICATION SITE - 1.1 The application site is part of Field 411543, which sits to the north of Castletown Road, Port St. Mary, and on the edge of the settlement boundary of Port St. Mary. The site sits between two dwellings: 'Roughlands' to the west, and 'Sandpiper' to the east, with the northern boundary backing onto the broader field area for Field 411543. The site frontage which fronts onto the Castletown Road directly overlooks the front boundary of 'Belmont', and rear elevations of 'Kinreen', 'Tides Reach', and 'Oxenbourne', which are all situated along Beach Road, Port St Mary. - 1.2 This site which sits close to the junction between Castletown Road and Shore Road, Port St Mary, rises towards the northern boundary and the adjoining field area to the north. The site frontage is bounded by a low stone boundary wall which rises to about 1m.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for erection of a new dwelling on site. The proposed scheme would be for a contemporary two storey detached dwelling types. - 2.2 The proposed dwelling which would be a split-level dwelling with floor area measuring about 298sqm on the ground floor, and about 295sqm on the first floor, resulting in a dwelling that measures about 593sqm. - 2.3 The new dwelling will have a layout accommodating an integral four car garage, a bedroom with ensuite, a utility room, plant room, and entry area with foyer and spiral stairway, and a lift area on the ground floor. The first floor would support an open plan living room/kitchen/dining area, a hallway with access to the rear garden which is on the same level as the rear elevation which appears a single storey, two bedrooms each with ensuite, a study, WC adjoining the lift and stair area. There would be a wrap-around first floor terrace area that

• measures about 170sqm, which sits to the front elevation of the dwelling and offers views towards the bay. Access to the first-floor terrace would be via an external stairway to the side (east elevation) of the dwelling.
• 2.4 The new dwelling would be finished externally in painted render combined with stone cladding on the external walls, while the roof would be finished in artificial slate with solar photovoltaic panels integrated in an in-roof tray. All the window units would be UPVC or powder-coated aluminium frames (colour not defined) with clear glazing. The fascia's and bargeboards would be composite or powder-coated aluminium (colour not defined), and rainwater goods would be powder-coated aluminium or UPVC (colour not defined). The garage doors would be coated galvanized steel or composite (colour not defined). External decking would be finished in timber or composite timber decking, and balustrades would be frameless glass.
• 2.5 A new soakaway would be provided for the site to cater for surface water runoff, while foul sewage would be discharged to the existing systems in the area. A 5m wide access connected to a 5m wide arched driveway would be provided for the site.
• 2.6 The application is supported by a Client Planning Statement, Design and Planning Statement prepared by Modus Architects, Site Walkover and Ecological Mitigation (Technical Note) prepared by Ecology Vannin and dated March 2025, Biodiversity Plan, and Correspondence to address comments from DEFA the Energy & Minerals Team (dated 29 January 2025).

3.0 PLANNING POLICY - 3.1 Site Specific:

• 3.1.1 The site lies within an area not zoned for any particular purpose on the Area Plan for the South 2013, and the property is not within a Conservation Area or a Flood Risk Zone, although parts of the northern boundary sits in an area considered to be prone to high flood risks. There are no registered trees on site, and the site is not within a registered tree area.

3.2 Area: Area Plan for the South 2013

• 1. Paragraph 2.1.11 "The Housing Chapter also sets out in more detail the proposals to secure the provision of housing through a process of 'Plan, Monitor and Manage.' The Area Plans are to include Urban Capacity Assessments as part of a sequential approach to the provision of new housing. This approach will seek to develop within existing settlements, or on previously developed land or by the redevelopment, regeneration, and conversion of existing housing. Only then will greenfield sites be brought forward, as extensions to existing settlements."
• 2. Paragraph 4.2.2 "In accordance with the Strategic Policies set out in the Isle of Man Strategic Plan, key objectives of the Area Plan are:

• o to ensure an adequate supply of housing land;
• o to locate new housing primarily within existing towns and villages as identified in the Island Spatial Strategy of the Isle of Man Strategic Plan, or where appropriate, sustainable urban extensions of such;
• o to provide for affordable housing; and
• o to allow housing in the countryside only in exceptional circumstances."

• 3. Paragraph 4.4.7 "Area Plans will include Urban Capacity Assessments as part a sequential approach to the provision of new housing. This approach will seek to develop within existing settlements, or on previously developed land or by the redevelopment, regeneration, and conversion of existing housing. Only then will greenfield sites be brought forward, as extensions to existing settlements." (Island Spatial Strategy, Isle of Man Strategic Plan, 2007, Page 23)".

3.3 National: STRATEGIC PLAN (2016)

• 3.3.1 Relevant Strategic Plan Policies:

• 1. General Policy 3 - Exceptions to development in the countryside.
• 2. General Policy 2 - General Development Considerations.
• 3. Environment Policy 1 - Protection of the countryside and inherent ecology.
• 4. Environment Policy 4 - Protects biodiversity (including protected species and designated sites).
• 5. Environment Policy 5 - Mitigation against damage to or loss of habitats.
• 6. Environment Policy 14 - Prohibits development leading to the permanent loss of highquality agricultural land (Classes 1-2) unless there is an overriding need and no lower-quality land is available.
• 7. Strategic Policy 2 - Priority for new development to identified towns and villages.
• 8. Strategic Policy 3 - Development to respect the character of our towns and villages.
• 9. Strategic Policy 4 - development proposals must protect or enhance the nature conservation and landscape quality of urban as well as rural areas.
• 10. Strategic Policy 5 - Design and visual impact.
• 11. Strategic Policy 10 - development should promote integrated journeys, minimise car use and facilitate other modes of travel.
• 12. Spatial Policy 3 - identifies service villages which includes Port St Mary, especially as it relates to the provision of housing development.
• 13. Spatial Policy 5 - new development will be in defined settlements only or in the countryside only in accordance with GP3.
• 14. Sustainable Urban Extensions - Planned expansion of a city or town and can contribute to creating more sustainable patterns of development when located in the right place, with well-planned infrastructure including access to a range of facilities, and when developed at appropriate densities.
• 15. Transport Policy 1 - Proximity to existing public transport facilities and routes, including pedestrian, cycle, and rail routes important for new development.
• 16. Transport Policy 4 - Highway safety.
• 17. Transport Policy 7 - Parking considerations/standards for development.
• 18. Community Policies 7, 10 and 11 provide guidance in respect of minimising criminal activity and reducing spread of fire, while Infrastructure Policy 5 deals with methods for water conservation.
• 19. Energy Policy 2 - Land within 9m either side of an overhead High Tension power cable will be safeguarded from development.

- 4.0 OTHER MATERIAL CONSIDERATIONS

4.1 Residential Design Guide (2021)

• 4.1.1 This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.

4.2 The Isle of Man's Biodiversity Strategy (2015 - 2025)

• 4.2.1 The Department's Biodiversity Strategy is capable of being a material consideration. It seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary.

4.3 Minerals Act 1986.

• 4.3.1 The ownership of minerals in the Isle of Man is vested in the Department of Environment, Food and Agriculture under the Minerals Act 1986. The Department permits operators/developers to extract minerals via mining leases, mining licences and mining permissions and the Minerals Act 1986 broadly sets out the circumstances and procedures by which these Agreements are granted.

5.0 Planning History

5.1 Planning approval was granted under PA 00/0005/B for the extension and landscaping of the Southern Civic Amenity site into parts of Field 414623 on 31 Oct 2000. This, however, did not stretch onto the current site for the proposed application. - 6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

6.1 DOI Highway Services find the proposal to have no significant negative impact upon highway safety, network functionality and/or parking. They note that HDC would not support a secondary access onto the adopted highway due to Manual for Manx Road policies - the layout should ideally be amended so the driveway on the eastern side does not go up to the front boundary of the property. Conditions on site access, site access visibility, driveway hardstanding within 6m of the adopted highway, internal vehicular driveway layout and parking, should be attached to permission and retained thereafter (21 January 2025).

6.2 DOI Highways Drainage (11 February 2025): They state that allowing surface water runoff onto a public highway is prohibited under Section 58 of the Highway Act 1986 and relevant guidance in the Manual for Manx Roads. They advise the applicant ensure compliance with these regulations. - 6.3 Manx Utilities Authority - Electricity (29 January 2025):

• 1. They note that an existing overhead line crosses the proposed development site and that the site plan includes details for its diversion. However, they have not been consulted on the proposed diversion and do not approve it at this stage.
• 2. They highlight that a pole on the western boundary is located outside the applicant's landownership. Therefore, the applicant must obtain necessary permissions and consents from the adjacent landowner before any diversion can be agreed.
• 3. They state that an existing overhead line and poles are present on the eastern boundary, requiring the applicant to ensure suitable unrestricted access for Manx Utilities staff, plant, and equipment to allow for future maintenance and repairs.
• 4. They request that any decision on the application be deferred until the applicant has contacted Manx Utilities and agreed on necessary diversion works and ongoing access requirements.
• 5. They advise that the applicant can initiate this process via the Electricity Network Enquiry system available on their website.
• 6.3.1 Manx Utilities Authority - Electricity (20 March 2025): o They state that their Electricity division removes its objection to the planning application.

6.4 DEFA Ecosystem Policy Team (8 April 2025/21 February 2025):

• 1. They note that Ecology Vannin's Site Walkover and Ecological Mitigation (Technical Note) dated March 2025 is in order.
• 2. They state that the application site consists of bramble and gorse scrub, providing habitat for nesting, feeding, and sheltering birds, as well as invertebrates.
• 3. They note that while the site is not zoned for residential development, they have no objection, provided ecological mitigation conditions are secured.
• 4. They request that a condition is secured to prevent external lighting unless a sensitive lighting plan, following best practice outlined in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023), has been submitted to Planning and approved in writing.
• 5. They request additional conditions to ensure ecological mitigation measures, including:

• o A soft landscaping plan incorporating native hedging to be submitted to Planning and approved in writing before works commence.

• o A bird brick plan to be submitted and approved in writing before works commence, recommending integrated bird bricks suitable for starlings or house sparrows instead of bird boxes, as bricks do not require replacement.
• o A plan detailing measures to prevent bat strikes on clear glass balustrades to be submitted and approved in writing before works commence, with acceptable mitigation such as etching, ultraviolet coatings, or decals.

• 6. They advise that the applicant should be aware of the high potential for legally protected nesting birds in the bramble and gorse scrub and recommends removing vegetation outside of the March-August nesting season to avoid committing an offence.

6.5 DEFA Energy & Minerals Team Consultation:

• 6.5.1 Comments Received 21 January 2025:

• 1. They state that all minerals in their natural condition are vested in DEFA under the Minerals Act 1986 and are subject to licensing and royalty payments if removed from the landholding.
• 2. They note that the proposal may intersect DEFA's minerals, and any removal of material from the site requires prior consent from DEFA's Energy & Minerals Team.
• 3. They highlight that although the planning form states no change in site levels, the sloping nature of the site and design documents suggest excavation will be required, particularly for the garage area.
• 4. They point out that the site survey lacks spot levels across the full development area, especially where there is a 6m level change on the eastern edge, making it difficult to assess the extent of excavation.
• 5. They recommend correcting the planning form to reflect changes in surface levels and submitting updated drawings to allow assessment of potential stone removal.
• 6.5.2 Comments received 26 February 2025:

• 1. They acknowledge receipt of updated site section plans and the estimated cut/fill balance.
• 2. They reiterate that DEFA owns any minerals beneath the site and that removal of stone from the development area requires Mining Permission and may incur royalty payments.
• 3. They direct the applicant to the Isle of Man Government's Mines and Minerals webpage for further details and the application form.

6.6 Arbory and Rushen Parish Commissioners

• 6.6.1 Comments received 23 January 2025:

• 1. The Commissioners noted that the site is not designated for residential development.
• 2. They observed that the site currently consists of coastal scrubland and questioned whether the loss of this habitat would significantly impact local biodiversity.
• 3. They stated that if biodiversity experts do not consider the site worthy of protection, they would have no objection to the development, provided it does not overlook neighbouring properties.

• 6.6.2 At their February meeting, the Commissioners considered and supported the application (23 February 2025).

6.7 No Comments have been received from neighbours.

- 7.0 ASSESSMENT

7.1 The key considerations in the assessment of this planning application are:

• 1. The Principle of the Proposed Development (GP3, HP 4, STP 1 & 2, & SP 3 & 5);
• 2. The Design and Visual Impact (STP 2, 5, GP2, HP 4 & EP1);
• 3. Impacts on Neighbouring Residential Amenity (GP2 & RDG 2021);
• 4. Impacts on Highways and Parking (TP4 & 7, GP2 & STP 10);
• 5. Loss of Agricultural Soils (EP 14);
• 6. Impacts on Biodiversity (EP 4 & 5, & STP 4); and

• 7. Proximity to Power Lines (ENP 2 & GP2)

- 7.2 THE PRINCIPLE

• 7.2.1 The Strategic Plan establishes a general presumption against development in areas not designated for a particular purpose, emphasizing the protection of the countryside (EP 1 and GP3). However, certain factors must be considered regarding the specific context of the site.

• 7.2.2 The site is located on the edge of the settlement boundary of Port St. Mary and is bordered by established dwellings within a predominantly residential area. While the site and its adjoining neighbours to the east and west technically fall outside the settlement boundary and are classified as countryside, they exist within an urban transition margin. Although the Area Plan does not designate these areas as sustainable urban extensions, they align with many defining characteristics of such locations due to their proximity to essential facilities and services that support the settlement. Additionally, the site's easy integration into the settlement's fabric, particularly in terms of transportation and connectivity, strengthens its suitability and aligns with the provisions of Strategic Policy 10. While the Area Plan for the South classifies the site as 'Land not designated for any particular purpose,' the proposed residential use is highly compatible with the surrounding residential context. The physical relationship between the site and its neighbouring properties makes it impractical to separate it from existing residential development, reinforcing its logical urban connection, aligning broadly with the principles advocated by Housing Policy 4.

• 7.2.3 Although the proposed development does not comply with GP3, which restricts development in non-designated areas, Strategic Policies 1 and 2 provide a framework supporting the establishment of new dwellings within sustainable extensions of existing settlements and unused lands, optimizing the use of available infrastructure, facilities, and services. Furthermore, the site's position relative to adjoining properties suggests that the development would constitute appropriate infill, utilizing available land efficiently while maintaining compatibility with existing residential patterns.

• 7.2.4 Given the sustainable urban extension characteristics of the site, its proximity to settlement facilities, and the flexibility provided by Strategic Policies 1 & 2, the principle of developing the designated section of the site for residential purposes is well-founded. The proposal aligns with broader strategic planning objectives, ensuring a logical extension of residential development in a manner that could not be judged to be averse to the existing settlement structure.

- 7.3 DESIGN & VISUAL IMPACT

• 7.3.1 In assessing the design and visual impact of the proposed development, it is considered that the overall layout, design and external appearance of the proposed dwelling is in keeping with the context of the surrounding street scene which is varied in its current context; comprising a balanced mix of modern and traditional dwellings, some of which are particular basic in terms of architectural design and detailing.
• 7.3.2 Likewise, the external materials align with the varied material use in the immediate vicinity, whilst the overall building height, proportions, fenestration size and positions, are also largely in keeping with the locality. Additionally, the fact that the new dwellings would be built into the landscape would serve to minimise the visual impact upon the site and surroundings, whilst helping to blend the new dwellings into its surroundings. It is also important to note that the design and layout which allows for split levels fits with the site character and topography which rises from the site frontage and adjoining highway.
• 7.3.3 Granting, the new dwelling would still stand out and be noticeable, given the topography of the site and the proposed number of floors, the new dwelling would fit in with the character of the site and street scene which is varied in its current context. Moreover, the proposal would be reflective of its time when compared to the existing dwellings in the area,

• being contemporary in design and would serve to add to the diversity of dwelling design and styles in the area.
• 7.3.4 Accordingly, the overall design, siting, layout, size, landscaping and finishes of the dwelling would all be acceptable and would create a pleasant housing development, without having significant adverse visual impacts to the amenities of the street scene, site, or area.

7.4 RESIDENTIAL AMENITY

• 7.4.1 When assessing potential impacts on neighbouring properties, it is crucial to evaluate the relationship between the proposed dwelling and its directly adjoining neighbours, as well as those situated to the south and separated by Castletown Road. This will determine whether the development poses any risk to residential amenity.
• 7.4.2 Regarding Roughlands to the west, the proposed dwelling would be positioned approximately 23.6 meters from its western external wall and 19.2 meters from the mature landscaping along the boundary. This separating distance, combined with the site's topography and the single-storey appearance of the dwelling from this vantage point, ensure there are no concerns regarding overlooking, overshadowing, or overbearing impacts for Roughlands.
• 7.4.3 For Sandpiper to the east, the proposed dwelling would sit 29.9 meters from this neighbouring property, with a 7.5m gap to the boundary. Although the terrace would also be

7.5 meters from the boundary, the presence of mature landscaping and established trees significantly mitigates privacy concerns. Additionally, the sections of the dwelling closest to Sandpiper are largely single storey, further reducing the potential for overlooking. The substantial separating distance ensures there would be no overshadowing or overbearing effects.

• 7.4.4 In relation to Bramble Tor, northeast of the proposed dwelling, the neighbour's position approximately 28 meters away diminishes any risk of overlooking. This is further mitigated by the single-storey nature of the rear elevation, which, due to the site's topography and elevated rear garden, ensures that the new dwelling presents only a single-storey profile from the rear. Consequently, the proposal does not result in loss of light or undue visual intrusion.
• 7.4.5 Concerning the properties south of Castletown Road; Belmont, Kinreen, Tides Reach, and Oxenbourne, the separating distance of more than 20 meters in all cases mitigates potential privacy concerns. Specifically, the first-floor terrace of the proposed dwelling would maintain a 31-meter gap to Belmont (with 19.8 meters to its front garden, which is not a private area). The distances to Kinreen, Tides Reach, and Oxenbourne are 50 meters, 23.3 meters (to the rear of the newly converted garage), and 28 meters, respectively. Additionally, the rear gardens of Tides Reach and Oxenbourne are effectively shielded from overlooking due to the position and height of boundary walls and fencing, as well as the lower elevation of the gardens compared to Castletown Road.
• 7.4.6 Based on these factors, the proposed development complies with General Policy 2 (g) & (h) of the Strategic Plan and aligns with the principles established by the Residential Design Guide. The design ensures that no unacceptable impacts on neighbouring amenity would arise, allowing the development to integrate seamlessly into its surroundings.

- 7.5 IMPACT ON HIGHWAY/PARKING

• 7.5.1 The proposed development incorporates adequate on-site parking provisions, exceeding the minimum standards set out in the Strategic Plan. The site design ensures that multiple vehicles can be accommodated off-road, reducing potential strain on surrounding streets. Additionally, Highways Services have raised no objections, confirming that the proposal raises no significant negative impact upon highway safety, network functionality and/or parking.

• Visibility splays, as evidenced in the submitted site plan, are considered acceptable for access subject to conditions as required by DOI Highways.
• 7.5.2 Strategic Policy 10 recognizes the critical link between development location and the transport network, emphasizing minimizing private car journeys, optimizing public transport use, and encouraging pedestrian movement. The current location meets these criteria, being situated near a bus transit corridor in Port St. Mary and well-connected to existing built development within the settlement boundary.
• 7.5.3 Given these factors, the proposal aligns with the provisions of Transport Policies 4 and 7 and complies with General Policy 2 (h) and (i) and Strategic Policy 10 of the Strategic Plan. The development will not create adverse highway safety impacts, and its design ensures integration with sustainable transport networks, reinforcing its suitability within the broader planning framework.

- 7.6 LOSS OF HIGH-QUALITY AGRICULTURAL LAND (EP 14)

• 7.6.1 Environment Policy 14 allows for development on agricultural land if they do not result in the loss of high-quality agricultural land. High quality agricultural land is defined as being Class 1/2, Class 2/3 and Class 3/2 as annotated on the Agricultural Land Use Capability Map. The proposal site is shown as being within Class 3/4 and as such falls outside the defined land protected by EP14.
• 7.6.2 Whilst the class of agricultural soils on the farm (Class 3) does not imply that the soils should not be managed appropriately, as the Strategic plan does not in any way imply that Class 3 soils should be poorly managed or used unsustainably as majority of the agricultural soils on the Island (80.26%) fall within Class 3 soils, the nature and scale of the build is such that the agricultural potential of the adjoining fields would not be compromised, save for the section of the broader field area used for the proposed development, which would be removed from the field. Notably, the proposed site area is currently unused for agriculture, as it is covered in bramble and gorse scrub. Given these factors, the proposal satisfies the requirements of Environment Policy 14, as it does not result in the loss of high-quality agricultural land.

- 7.7 IMPACT ON BIODIVERSITY (EP4 & 5, & GP2)

• 7.7.1 The impact on ecology and biodiversity within the site primarily relates to the removal of vegetation required for the erection of the new dwelling, hardstanding, and landscaping areas. The site consists of bramble and gorse scrub, which the DEFA Ecosystem Policy Team has identified as a habitat for nesting birds and invertebrates. Its removal carries ecological significance, requiring mitigation to safeguard biodiversity. The findings in Ecology Vannin's Site Walkover and Ecological Mitigation (Technical Note) dated March 2025 have been reviewed and are considered appropriate in assessing the site's ecological impact.
• 7.7.2 To address ecological concerns, mitigation measures such as the integration of native hedging and other ecological enhancements will be necessary, alongside the inclusion of bird and bat boxes to provide habitats for local species. Additionally, restrictions on external lighting and ensuring vegetation removal occurs outside the nesting season will help minimize disruption to wildlife. These strategies ensure compliance with Environment Policies EP 4 and 5, and General Policy 2, effectively balancing biodiversity preservation with site development.
• 7.7.3 While vegetation removal will impact biodiversity, the proposed mitigation ensures compliance with Environment Policies EP 4 and 5, and General Policy 2, maintaining ecological integrity alongside development.

7.8 PROXIMITY TO POWER LINES (Energy Policy 2 & GP 2)

• 7.8.1 Energy Policy 2 safeguards land within 9 meters of overhead high-tension power cables to ensure public safety and maintain infrastructure integrity. Whilst it is not clear whether the

power lines that go over the site are high tension power lines, Manx Utilities Authority has confirmed that an overhead line crosses the development site, with a pole on the western boundary outside the applicant's landownership, requiring third-party consent for any diversion. Additionally, overhead lines on the eastern boundary necessitate unrestricted access for maintenance and repairs.

• 7.8.2 Manx Utilities Authority's Electricity division has since removed its objection, indicating that concerns regarding infrastructure impact and safety may now be addressed. While this suggests the proposal can move forward, final compliance with Energy Policy 2 and General Policy 2 (m) depends on securing all necessary approvals and ensuring the development meets established safeguarding standards.

• 7.8.3 Compliance with General Policy 2 (m) requires consideration of safety and infrastructure constraints in development design. The proposed site layout does not currently meet approved clearance requirements, and while a diversion plan has been suggested, it has not been formally agreed upon. To ensure compliance with General Policy 2 and Energy Policy 2, conditions will be imposed requiring the diversion of the power line before the erection of the dwelling, ensuring appropriate safety measures are in place prior to construction.

- 7.9 OTHER MATTERS

• 7.9.1 Excavation on site (Minerals act 1986)

• 7.9.1.1 As part of the proposal to create the new dwelling, significant soil excavation will be required. While excavation itself does not pose a direct planning concern, the removal of excavated material from the site would require prior consent from the Department of Environment, Food, and Agriculture (DEFA) under the Minerals Act 1986. Additionally, where minerals are extracted and removed beyond the surface owner's landholding, royalty payments may become payable. The sloping nature of the site suggests that some level changes will be necessary, particularly in relation to the garage area, meaning that excavation would need to be adequately accounted for and communicated accordingly to the DEFA Energy & Minerals Team.

• 7.9.1.2 Given the consultation responses received from DEFA, it is necessary for the applicant to ensure compliance with mineral extraction regulations by securing the appropriate consents. These matters, however, are subject to separate legislative processes beyond the scope of planning approval.

- 8.0 CONCLUSION

• 8.1. Overall, the proposed development aligns with the requirements of General Policy 2, Strategic Policies 1 and 2, Environment Policies 4 and 5, Energy Policy 2, Transport Policies 4 and 7, and other relevant planning policies. While the site is located outside the designated settlement boundary, its proximity to existing residential areas and accessibility to infrastructure support its suitability for development. The design and layout integrate well with the surrounding context, ensuring minimal visual and residential amenity impacts, while appropriate mitigation measures address biodiversity concerns. Parking provisions exceed policy requirements, and the site is well-connected to transport networks, reinforcing compliance with Strategic Policy 10. Although the presence of overhead power lines requires diversion, conditions will ensure compliance with Energy Policy 2 and General Policy 2 (m) before construction proceeds. Additionally, the site's classification as Class 3/4 agricultural land means the proposal does not result in the loss of high-quality agricultural land under Environment Policy 14. Subject to necessary planning conditions, the development is considered acceptable within the broader planning framework.
• 9.0 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.

9.5 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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made: Permitted Date: 19.05.2025 Signed : Presenting Officer

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