Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 25/90126/B Applicant: Mr Sean Bostrom Proposal: Single storey extension to the rear of the dwelling and internal alterations Site Address: Palm Lea Glen Road Laxey Isle Of Man IM4 7AJ Planning Officer: Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 10.03.2025 _________________________________________________________________

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.

N 1. The Applicant/Owner is reminded that their property is situated within a High Risk Flood Zone area and as such, they should make the necessary changes to their property to reduce any Flood Risk.

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

It is concluded that the planning application accords with Section 18(4) of the Town and Country Planning Act 1999, and the provisions set out in General Policy 2, Environment 10 and 35 of the Isle of Man Strategic Plan 2016, as such the planning application is recommended for approval.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 6th February 2025;

• o Drawing No. B/9481/1
• o Drawing No. B/9481/2
• o Drawing No. B/9481/3
• o Drawing No. B/9481/4
• o Flood Risk Assessment - Jan 2025 _________________________________________________________________

Right to Appeal

It is recommended that the following organisations should be given the Right to Appeal: Department of Infrastructure - Objection (requested conditions which were not attached)

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

_________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is within the residential curtilage of Palm Lea which is a semi-detached bungalow situated to the South Western side of Glen Road. THE PROPOSAL - 2.1 The current planning application seeks approval for the erection of a rear extension which is to measure approximately 6.4m by 2.8m with an overall approximately height of 3m. The proposal is to be flat roofed with a flat rooflight situated to the middle. Windows will be situated in the South West elevation and Western elevation. PLANNING HISTORY - 3.1 The previous applications on the site are not relevant in the assessment of this application. PLANNING POLICY - 4.1 The site lies within an area zoned as "Predominantly Residential" on the Area Plan for the East, Map 7 - Laxey. The site is situated within a Conservation Area and within a High Risk Flood Zone (River and Tidal).

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. - 4.3 This is then followed by General Policy 2 which seeks general "planning considerations" and Environment Policy 10, which seeks that all applications in a Flood Risk Zone are accompanied by a Flood Risk Assessment. - 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, below is a short summary;

5.2 DOI Highway Services have considered the application and state, "Highway Services, HDC has no interest." (11.02.25) - 5.3 Garff Commissioners have considered the application and state that there were no objections to the proposal. (07.03.25) - 5.4 DOI Flood Risk Management Division have considered the proposal and state that the property was in a High Risk Flood Zone and that if the application is permitted then the following conditions should be attached, "All services should be from above and positioned

above potential flood levels. Doors should be flood resilient. Vent bricks within flood levels should be Anti-Flood style." (10.02.25)

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
• - impact on neighing amenity
• - other matters

- 6.2 SECTION 18(4) TEST - CHARACTER

• 6.2.1 Due to the proposed works being situated within 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 would preserve or enhance the Conservation Area.
• 6.2.2 When looking at the proposal and whether it would impact the overall Conservation Area, the site is situated within a residential environment, as such alterations and extensions such as the proposed within this application are accepted within such environments. The proposed works are residential in their character and as such they should not impact the residential character of the overall Conservation Area and deemed to preserve the character of the area.
• 6.3 SECTION 18(4) TEST - APPEARANCE

• 6.3.1 When looking at the appearance of the proposal on the overall Conservation Area/ streetscene it is noted that the proposed extension is situated to the rear and away from prominent public vantage points, its size and scale is subservient and is relatively in keeping with the main dwelling. The overall finish of a flat roof will be fairly modern, although not unacceptable given the existing dwelling is non-traditional and is capable of accommodating a more modern styled approach to extensions.
• 6.3.2 As such the proposal is deemed acceptable from an appearance point of view and would ultimately preserve the Conservation Area.

- 6.4 IMPACT ON NEIGHBOURS

• 6.4.1 Turning towards whether the proposal would have an impact upon the amenity of the neighbouring properties. Given that the main windows in the proposed extension will be facing towards the existing garage within the applicants ownership and the rear elevation, which faces onto the Laxey River, as such it is deemed that there would be no impact to neighbour amenity from the proposal.

6.5 OTHER MATTERS

• 6.5.1 It is noted that the site is situated within a flood risk zone and as such the agent on behalf the applicant has provided a Flood Risk Assessment which states that all ground levels will sit at least 300mm above the external levels and water is able to flow along the driveway, past the garage directly into the river.

• 6.5.2 The comments raised by DOI Flood Risk Management have been noted. Permitted Development rights have been revoked previously and changes to properties within Conservation Areas can now be done without a Planning Application, such as rear extensions. Whilst these works could be done without the need for a planning application, this does not negate the applicants responsibility under other legislation or their own safety, and so they would still need to be aware of any flood risks prior to undertaking the works.
• 6.5.3 Minded of the above, it is not considered necessary in this case to apply any conditions as requested by Flood Risk Management, instead a note will be added to the application to remind the applicant of the fact that the site is in a Flood Risk Zone and mitigation should be done whilst commencing the works.

• 6.5.4 Being an extension to an existing dwelling, the proposal is not expected to create any changes or new issues in respect of criminal activity or spread of fire. The extension roof area will increase the surface area of the dwelling although water run off 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 so there are no new issues in this respect.

CONCLUSION

7.1 It is judged that the proposal complies with section 18 of the Town and Country Planning Act 1999, as the historic character of the building and setting of the conservation area are being preserved. It is also judged that the application meets the tests of General Policy 2 and Environment policy 35 of the Isle of Man Strategic Plan 2016 and as such, the planning application is recommended for approval. 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: 11.03.2025 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

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