Officer Report

Application No.: 25/90018/B Applicant: Mr Pierre Buckleigh Proposal: Installation of first floor dormer windows and roof lights, replacement of existing doors and windows, creating of first floor accommodation Site Address: Balladuke Mill Road Greeba Isle Of Man IM4 3LB Planning Officer: Vanessa Porter Photo Taken: 31.03.2025 Site Visit: 31.03.2025 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 08.04.2025 _________________________________________________________________

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. The proposal is considered to comply with Housing Policy 16 of the Isle of Man Strategic Plan 2016 and therefore acceptable.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 9th January 2025;

• o Drawing No. B/7740/3
• o Drawing No. B/7740/2
• o Drawing No. B/7740/4
• o Drawing No. B/7740/1 _________________________________________________________________

Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Highway Services - No Objection German Commissioners - No Objection

Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of "Balladuke" Mill Road, Greeba which is a detached bungalow within it's own grounds situated to the East of Mill Road, Greeba upon a corner plot. The property is accessed via a driveway, which serves several properties and finishes at "Cooilslieu Farm." THE PROPOSAL - 2.1 The current planning application seeks approval for the alteration and extension of the dwelling via two small pitched dormers. The alterations to the dwelling includes the addition of two rooflights, a new uPVC window to the first floor level of the North West elevation, repositioning of a window to ground floor level of the North West elevation and the alteration of a door & window to the ground floor level South East elevation to bi-folding doors, which includes the enlargement of the aperture available. PLANNING HISTORY - 3.1 There is one previous application that is relevant to this assessment, PA04/00826/B, which was for "Conversion of roof space to additional living accommodation including the installation of roof lights on front and rear elevations" - Permitted. PLANNING POLICY - 4.1 The site lies within an area zoned as "not for development," an "Area of High Landscape or Coastal Value and Scenic Significance (AHLV's)," and an "Areas of Private Woodland or Parkland," on the 1982 Development Plan, South Map. The site is not within a Conservation Area but is within a Surface Water - Low to Medium Likelihood area. It should be noted that the site is situated within the Balladuke Registered Tree Area, No. RA1100.

4.2 The key policies of the Isle of Man Strategic Plan 2016 are Environment Policy 1 which seeks that the countryside is protected for its own sake, Housing Policy 16 in respect of the visual assessment of the proposal within the streetscene and rural area, along with the general standards towards development as set out in General Policy 2 notably those parts referring to amenity. - 4.3 These policies are then followed by 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 and 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 2 sets out that development within an AHLV's would not harm the character and quality of the landscape and that the development is essential, Environment Policy 3 which seeks that development would not result in unacceptable loss of or damage to woodland areas, Environment Policy 4 which seeks to protect species and habitats, in connection with Environment Policy 5 which states that in exceptional circumstances where development is allowed conditions will be imposed and Environment Policy 10 which seeks that development within a Flood Risk zone is accompanied by a Flood Risk Assessment. - 4.4 The Department has published the Residential Design Guide (2019) which, although focused on dwellings within settlements, does offer advice in relation to visual impact and the impact on neighbours. - 4.5 It is also relevant to note Planning Circular 3/91 "Guide to the design of residential development in the countryside," which provides advice on residential development within the countryside.

REPRESENTATIONS

5.1 The following representations can be found in full online;

5.2 Highway Services have considered the proposal and state, "No Highways Interest." (14.01.25) - 5.3 German Commissioners have considered the application and state, "No objections." (12.02.25) - 5.4 DEFA Ecology have considered the application and state objection due to lack of information, "The Ecosystem Policy Team recommend that a preliminary assessment for roosting bars is undertaken on the building by a suitably qualified ecological consultancy. A report detailing the findings of the preliminary assessment and any additional surveys, alongside appropriate avoidance and mitigation measures, to ensure that bats and birds are protected during and after the development, should be submitted to Planning prior to determination of the application." (06.02.25)

ASSESSMENT

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

• - Principle of development
• - Character and appearance
• - Neighbouring Amenity
• - Ecology impact
• - Other Matters

- 6.2 PRINCIPLE

• 6.2.21 The site is not designated for development, nor does it meet the expectation criteria in

• Environment Policy 3, however, Housing Policy 16 and its supporting text clearly allows for residential extensions in the countryside where they would not increase the impact of the building as viewed by the public.

• 6.2.2 Due to the mature trees and hedging surrounding the property and its location within the overall streetscene, the proposed dormers and alterations are minimally seen, if at all from the main Mill Road. As such the proposed dormers/ alterations should not increase the overall impact of the property within the streetscene, taking into account that the proposed dormers/ alterations are all items which would be seen within a residential property.
• 6.2.3 Whilst the principle in general is acceptable, it is required to see whether the proposed works on this site would be acceptable.

6.3 CHARACTER AND APPEARANCE

• 6.3.1 There is a general presumption in favour of extensions or alterations to existing properties as per Paragraph 8.12.1 of the Isle of Man Strategic Plan 2016, where such works would not have an adverse impact on adjacent properties or the surrounding area in general, this is also mirrored in Housing Policy 16.

• 6.3.2 In the case of this application, the proposed dormers and alterations, by reason of their size and scale are subservient and in keeping with the existing dwelling. It is unlikely that the proposed dormers and alterations will increase the impact of the property upon the site itself or the streetscene and is deemed acceptable.

6.4 NEIGHBOURING AMENITY

• 6.4.1 With regards to neighbouring amenity, the proposed property sits away from the other dwellings within the location, with the closest neighbouring property being "Kerrow-Ny-Glough Cottage" situated approximately 32m South to the proposed dormers. When noting the distance between the properties, the substantial amount of trees between the dwellings and

that no comments have been received, that the proposal is acceptable from a neighbouring amenities point of view.

- 6.5 ECOLOGY IMPACT

• 6.5.1 Turning towards the comments received from DEFA Ecosystems, Paragraph 7.8.6 and

Environment Policy 4 of the Isle of Man Strategic Plan 2016 seek to protect species and habitats of importance, stating that development will not be permitted if it adversely affects any proposed or other recognised site of conservation value including areas of ecological interest. Environment Policy 5 follows on from Environment Policy 4 and states that only in exceptional circumstances, when an application is approved will it be appropriate to add conditions to best conserve, or minimise and mitigate any loss or disturbance.

• 6.5.2 In the case of this proposal, there are comments from DEFA Ecosystems that highlight that the surrounding area of the host dwelling is situated within a wooded river corridor, which would increase the likelihood of bats being present, but they do not state if there has been any records of bats or bat roosts within the area. The site itself, whilst an AHLV's and a is not situated within an ASSI, or another ecological interest site/ proposed to be within one.
• 6.5.3 The scope of Permitted Development has been increased to include works such as dormers within a roofspace, subject to conditions. Whilst these works can be done without the need for a Planning Application, this does not negate the applicants responsibility under other legislation and so they would still need to be aware of the Wildlife Act 1990 in their undertaking.
• 6.5.4 Whilst there are features in the area which may increase the potential for bats, equally they may not. Minded of the separate legislation covering bats as a protected species, it is not considered necessary in this case to apply any condition seeking any survey being undertaken and submitted before the works start. Instead a note will be added to the application to remind the applicant of their separate legal obligation under The Wildlife Act 1990.

6.6 OTHER MATTERS

• 6.6.1 The proposed works are dormers and alterations to an already existing property, 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 run-off will be dealt with as per the existing arrangement of the main dwelling. The proposed extensions will not increase water usage of the dwelling and therefore there are no new issues in this respect. CONCLUSION
• 7.1 For the above reasons the proposal is considered to comply with Housing Policy 16 the Isle of Man Strategic Plan 2016 and therefore acceptable. 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: 14.04.2025 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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