Officer Report

Application No.: 25/90172/B Applicant: Mr Christopher Kennaugh Proposal: Erection of first floor extension to create first floor two bedroomed residential apartment, and installation of roof lights Site Address: The Old Stables Gib Lane Peel Isle Of Man IM5 1PD Planning Officer: Vanessa Porter Photo Taken: 03.08.2025 Site Visit: 03.08.2025 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 15.08.2025 _________________________________________________________________

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. Notwithstanding the details provided, the proposed cladding on the North, East and West elevation must be vertical natural timber as shown on drawing 04 REV B. Reason: In the interests of the character and appearance of the Conservation Area.
• C 3. The mitigation as stated within section 6.0 of the Breeding Bird Survey & Mitigation Plan dated received on 5th June 2025, must be carried out prior to occupation. Any alterations to the proposed Bird mitigation must be submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details and retained thereafter. REASON: To safeguard birds and in the interests of biodiversity.

This application has been recommended for approval for the following reason. The proposal complies with Section 18(4) of the Town and Country Act (1999), General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 21st February 2025;

• o Covering Letter
• o Drawing No. 01
• o Drawing No. 02
• o Drawing No. 03
• o Structural Appraisal This decision also relates to the following plans and drawings;
• o Drawing No. 04 Rev B - dated received 24th July 2025
• o Breeding Bird Survey and Mitigation Plan - dated received 5th June 2025
• o Preliminary Assessment for Bats - dated received 5th June 2025 _________________________________________________________________

Right to Appeal

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

_________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of The Old Stables, Gib Lane, Peel which is an old stable building situated to the North of Gib Lane. The old stables is part single storey and part two storey with parking to the front for several cars. THE PROPOSAL - 2.1 The current planning application seeks approval for but not limited to the following

• - Erection of first floor level over existing single storey part, which is to have an enclosed balcony to the North Elevation and a dormer to the East elevation.
• - The enclosed balcony is to be fully glazed with timber accents
• - Installation of Juliet balcony to first floor of the South elevation
• - Removal of existing exterior staircase and change from door into window, installation of new external staircase and new door to first floor level, with a peaked dormer above. Replacement of door and sidelights, and replacement windows to ground floor level of West elevation
• - Replacement roof
• - Installation of rooflights to both the original structure and proposed extension.

2.2 The main materials are as follows;

• - Roof finishes to be natural slate to match existing
• - External walls are to be existing sandstone or cladding
• - Windows and doors to be aluminium or brown to match existing
• - Gutters, fascias, bargeboards, RWP's to be brown PVC
• - Glass and stainless steel balustrade to balcony and galvanised steel external staircase and handrail.

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 "Mixed Use" on the Peel Local Plan 1989. The site isn't within a Flood Risk Zone but is within a Conservation Area.

4.2 Given the nature of the of the land designation and the property being within a Conservation Area, Section 18(4) of the Town and Country Planning Act (1999) is the most relevant in the assessment of this application. Followed by paragraph 7.29.2, Environment Policy 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas

will only be permitted where they preserve or enhance the character and appearance of the area and Planning Policy Statement 1/98 - The Alteration and Replacement of Windows.

4.3 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man - POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS, is also relevant and states; "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected." - 4.4 Also relevant tis the Residential Design Guide (2021) which offers advice on the design and in relation to visual impact and the impact on neighbours.

REPRESENTATIONS

5.1 The following representations can be found in full online;

5.2 Highway Services have considered the proposal and state "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the site can provide off-street parking for vehicles." (26.02.25)

5.3 No comments have been received from Peel Town Commissioners at the time of writing this report. - 5.4 DEFA Ecosystems Policy Team originally objected to the proposal on the basis of requiring a Bird and Bat survey of the site. (10.04.25). A bat survey was undertaken in April of which DEFA Ecosystems Policy Officer (16.06.25) has been found as in order and a suitable level of assessment for the Bat survey. Recommendations for external lighting and the recommendations of the report to be conditioned. A bird survey was undertaken in July of which DEFA Ecosystems Policy Officer (25.07.25) has found in order and that a suitable level of assessment has been undertaken. Recommendations for bird boxes/ bricks to be installed as per 6.1 of the report. DEFA Ecology no longer object to the proposal subject to the above conditions.

ASSESSMENT

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

• - Section 18(4) test - Character
• - Section 18(4) test - Appearance
• - neighbouring amenity
• - other matters

- 6.2 SECTION 18(4) TEST - CHARACTER

• 6.2.1 Due to the proposed works being in a Conservation Area it is necessary to test the application under section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works preserve or enhance the Conservation Area. When looking at the character of the proposal against the Conservation Area, the site is situated within an area of residential properties, with Gib Lane being used as the rear access for several properties along Stanley Road. The proposal to change the existing use of the site into residential will not impact the existing Conservation Area above and beyond what is currently in place. As such the proposal would not impact the character of the Conservation Area and the proposal will pass this part of the Section 18(4) test by preserving the Conservation Area.

- 6.3 SECTION 18(4) TEST - APPEARANCE

6.3.1 Turning towards the appearance of the proposal, when looking at the majority of the works (rooflights, window and door alterations, replacement staircase), the proposal is in keeping with the general appearance of the barn, with there being a few dormers proposed, which are small in stature and acceptable without impacting the Conservation Area. Turning towards the main part of the works which is the creation of a second storey which provides the kitchen, lounge and balcony area facing North West towards Peel Beach.

• 6.3.2 Having had a discussion with the agent with regards to the proposed materials which were initially down as timber effect cladding, this has now been changed to timber cladding, which will assist the proposal in being in keeping with the surrounding streetscene. Whilst this alteration is now shown on the drawings, a condition should still be attached for the benefit of doubt.
• 6.3.3 Turning towards the proposed balcony which due to the location of the barn within the streetscene will be the most seen item of the proposal, this is especially true as the proposal is situated at a higher level that the main Marine Parade road. Generally the existing development along Marine Parade road is varied in terms of its design and scale, this is especially noted when looking at PA24/00569/B which was recently approved. It's also noted that due to the rear of the properties along Stanley Road being seen within the same vantage point as the proposal, that there are several wooden items such as sheds with large amounts of glazing.
• 6.3.4 Overall whilst the proposed balcony area is more modern in its appearance and as such will be noticed within the streetscene, over time ultimately due to it being stepped back from the main seaside frontage, it's deemed to be acceptable and should not impact that overall streetscene above and beyond what is currently in place and what is going to be in place with the approved applications.
• 6.3.5 As such with the above in mind the works will pass the Section 18(4) test by preserving the Conservation Area.

- 6.4 CHARACTER AND APPEARANCE

6.4.1 When looking at the character and appearance of the proposed works on the surrounding area, the main impact would be making sure that the works preserve or enhance the Conservation Area.

• 6.4.2 As stated above, due to the location of the proposal, all the works are situated within a public vantage point, whilst that is the case, the proposal is in keeping with the surrounding streetscenes and with the change to timber from composite for the cladding, is an acceptable design and form for where it is proposed.
• 6.4.3 With the above in mind, the proposal will preserve the character and appearance of the streetscene and preserve the Conservation Area as a whole.

- 6.5 NEIGHBOURING AMENITY

• 6.5.1 Turning towards whether the proposed works will have an impact upon neighbouring properties. The majority of the proposal is not adding any additional windows which would impact neighbouring amenity, apart from a Juliet balcony to the Eastern elevation which is approximately 50m away from the Creg Malin Apartments and as such unlikely to have an impact on the apartments perceived or actual overlooking.
• 6.5.2 The main possible impact of the works will be from the proposed balcony which is situated approximately 20m away to "Thie Ny Tresiht," which is situated to the North West of the application site. The Residential Design Guidance 2021 states that over 20m is the general distance (depending on factors) that overlooking would be a concern. Whilst it's noted that the

• application site will be raised and as such looking down on "Thie Ny Tresiht" due to its location within the streetscene, the rear of the dwelling is generally already overlooked from Gib Lane, the car park adjacent to the site, the grassed area adjacent to the car park and beyond, that the overlooking to the application site would not be increasing this above and beyond what is currently in place.
• 6.5.3 As such the proposal is deemed to be acceptable from this point of view, with there not being any concerns which would warrant refusal.

CONCLUSION

7.1 The proposal is deemed acceptable in terms of their form, mass and design which preserves the overall Conservation Area, and as such complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 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.

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: 15.08.2025

Determining Officer Signed : J SINGLETON Jason Singleton

Principal Planner

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