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Application No.: 25/90305/B Applicant: Oliver Blaker And Eleanor Kelly Proposal: Erection of dwelling and attached garage Site Address: Land West Of Merrion Park Old Castletown Road Port Soderick Isle Of Man IM4 1BB Principal Planning Officer: Belinda Fettis Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 18.06.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
The scheme shall include details of the complete driveway surface, all new walls including the gateposts, fences, Manx banks, trees, hedgerows and any other boundary treatments and shall also include a planting specification [numbers, density, size, species and positions of all new trees and shrubs] along the boundaries, and the inclusion of some native species nesting boxes, and a programme of implementation.
The works shall be carried out in accordance with the programme agreed within the first planting season following the completion or occupation of the development whichever comes first. The scheme shall be maintained and retained thereafter.
Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced with the same species within the next planting season unless otherwise approved in writing by the Department and retained thereafter.
Reason: To ensure the provision of an appropriate landscaping and ecology mitigation for the new hard surfaced areas resulting in the loss of natural landscape and in the interest of visual amenity and highway safety.
From its junction with the public highway, the first 6m of the site access should be bound and consolidated and conditioned as such
The gates should open inwards and be set back from the junction with the public highway a minimum of 5m.
The visibility splays shall be constructed in full accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1.05m in height above adjoining carriageway level.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
Reason: To ensure the development is implemented according to the plan/details submitted, as the Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.
without modification), no development shall be undertaken in accordance with any of the following Classes of Schedule 1 of the Order at any time:
Reason: To control development in the interests of the visual and neighbouring amenities of the surrounding area.
Prior to any clearance responsible working methods to manage removal of the existing species should be set out and all workers associated with the development made aware to ensure that the plant is not spread and so that an offence under the Wildlife Act 1990 is not committed.
If soil from the existing bank is used to seal up the old gateway then the applicants must ensure that all Montbretia plant material, including underground corms and roots are removed first. The bank should be excavated 0.5m below ground and 0.5m around where the plant is present in order to ensure that all underground plant material is collected and the soil to be reused should also be passed through a soil sieve.
Care must also be taken to ensure that Montbretia is not spread via vehicles and equipment, which should be checked after use, with any plant remnants collected and disposed of as above.
Soil containing the species and any remnants of the species should be securely bagged and sealed and sent to the incinerator for burning; alternatively it can be wrapped in geotextile and buried under areas due to be covered with concrete.
You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.
To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.
Due to the position, scale and overall design the proposal would not cause harm to the character of locality nor harm residential amenity. Therefore subject to approval of the conditions the proposal is considered to accord with Strategic Policy 5, General Policy 2, Environment Policy 22, Energy Policies 3 and 4, of the Isle of Man Strategic Plan 2016 and the Residential Design Guide (2021), Planning Circular 3/91 and Manual for Manx Roads.
This decision relates to the following Plans, drawings and detail received on the 20th of March 2025; unless stated otherwise.
Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Braddan Commissioners - no objection DOI Highway Services - no objection: requested condition attached DOI Highways Drainage - no objection: requested informative attached
_________________________________________________________________ Officer’s Report
THE APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL IS CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR APPROVAL
1.0 THE SITE - 1.1 The application site relates to land west of Merrion Park, a detached dwellinghouse. The land is on the east bound carriageway of Old Castletown Road in the hamlet of Ballaveare near Port Soderick. From the road the land rises towards fields. The land can be described as comprising mown grass with mature vegetation along the south-west and south-east boundaries. - 1.2 The south-east boundary abuts Old Castletown Road and incorporates a gate access. The south-west boundary abuts a lane leading to two detached dwellinghouses 'Thie Ain' and 'Jandakot'. - 1.3 West of the site, separated by the lane are a pair of semi-detached dwellinghouses and opposite the site detached dwellinghouse. This group of dwellings are within the Ballaveare area of Port Soderick.
2.0 THE PROPOSAL - 2.1 Planning approval is sought for the erection of a detached two storey dual pitch double fronted four bed dwellinghouse with an attic room and attached garage. Submitted in support of the proposal is planning statement, details and drawings. The essence of the proposal has been summarised as follows.
2.2 The dwellinghouse would incorporate renewable energy from solar panels and an air source heat pump, double glazed uPVC windows throughout (sliding sash windows on the front elevations), a high level of insulation and an electric vehicle charging point. - 2.3 General dwellinghouse approximate dimensions; ridge height 9.8m with eaves of 5.3m; depth 8.2m, width 12.2m. - 2.4 Utility link room approximate dimensions; ridge height 3.3m eaves 2.4m, depth and width around 2.8m. - 2.5 General garage approximate dimensions; ridge height 5.1m reducing to 4.6m as land rises, eaves 2.9m to 2.4m, depth 7m, width 6.4m. - 2.6 Materials proposed for all roofs; dark colour slate or slate like material - 2.7 Materials proposed for all walls; smooth cement render painted. - 2.8 Installation of a Kingspan Klargester Biodisc treatment tank for foul drainage. - 2.9 Rainwater goods to be directed to the proposed installation of an 'Aquacell' site soakaway for storm water drainage. - 2.10 New central access with visibility splays and gate set back from the road incorporating a storm drain channel to limit surface water entering the public highway. Details in full on Drawing no. 4 'Proposed new access onto Highway' that include stone wall, planting detail and dimensions. - 2.11 The existing gate to be closed off. - 2.12 Tree protection plan for any retained trees and new planting proposed to mitigate for the removal of trees to facilitate the new access. Tree Protection Plan drawing no. TP-061124 Revision A.
3.0 PLANNING POLICY - 3.1 Site Specific - 3.2 None of the following are within or adjacent to or within the setting of the site.
3.3 On the Area Plan for the East, Proposals Map 3 (2020) the application site is in open countryside, outside land designated for development; on Map 2, Landscape Assessment Areas, the land is within an area identified as 'Incised Inland slopes' (D13, Santon); on the Town and Country Planning (Development Plan) Order 1982 the land is identified as having High Landscape or Coastal Value and Scenic Significance (AHLV). The overall strategy is to conserve and enhance the character, quality and distinctiveness of an area be it built or natural form. - 3.4 Of note is a drafted 'Braddan Parish District Plan', Planning Circular 6/91 the site, together with the land upon which Merrion Park is built, was identified as 'Open Space'. However the land was later identified as 'Proposed Residential' with the draft plan indicating in paragraph 4.80 "…development here would consolidate the settlement without expanding it beyond its existing boundaries with the countryside". No mention was made of the site in the
3.6 Strategic Policy 4: Proposals must, (b) Protect or enhance the landscape quality and nature conservation value of rural areas and (c) not cause or lead to unacceptable environmental pollution or disturbance. - 3.7 Strategic Policy 5 - new development (including individual buildings) should be designed so as to make a positive contribution to the environment - 3.8 General Policy 2: Development in accordance with land-use zoning will normally be permitted provided that they meet the relevant criteria of (a) to (n). Although the site is on land outside land-use zoning for development, the following general provisions of development are considered relevant to most development on the island, the following are considered relevant to this application.
3.9 General Policy 3 seeks to protect the countryside from development other than for specified exceptions. - 3.10 Environment Policy 4: Development will not be permitted that would adversely affect species and habitat generally and more specifically designated sites such as Areas of Special Scientific Interest. - 3.11 Environment Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of pollution (i) pollution of water; (ii) airborne pollutants (iii) vibration, odour, noise or light pollution. Paragraph 7.17.2 highlights the impact of security lighting on adjacent properties and the wider area - 3.12 Energy Policy 3 and 4: seek to promote environmental benefits to the Island where and when opportunities arise. - 3.13 Community Policy 7 - states that as reasonably practical, new development should incorporate within the design features to help prevent criminal and antisocial behaviour.
3.14 Community Policy 11 - states that as reasonably practical, new development should incorporate fire breaks or other methods to minimise the spread of fire in the event of a breakout. - 3.15 Infrastructure Policy 5 - states that new development should incorporate methods for water conservation and management.
4.1 Manual for Manx Roads section 5.3 associated with Appendix 7 of the Strategic Plan. Design should ensure easy and safe use of the parking space(s) and access. - 4.2 Residential Design Guide (2021) covers general design guidance relating to design and its impact upon adjacent features. Also sustainable construction, methods and materials, inclusion of chimney stacks, types of fenestration, boundary treatments, transport and neighbour amenity. Section 3 on New Homes covers issues of local distinctiveness. - 4.3 Planning Circular 1/93 Landscape Guidance Notes includes advice on design in relation to consideration of the land and the impacts of the position of planting and native species. - 4.4 Planning Circular 3/91 Guide to the Design of Residential Development in the Countryside includes advice on design, clusters, proportion and form within the landscape, traditional materials and fenestration. - 4.5 Managing our Natural Wealth, The Isle of Man's First Biodiversity Strategy (2015-2025) in which the overriding aim is to support and enhance the natural environment of the Island and eradicate invasive species. Section 6.0, Aims, 'to maintain and where necessary restore or enhance biodiversity.
5.1 The following planning applications are considered materially relevant in the assessment of this proposal.
6.1 Copies of representations received can be viewed on the government's website. This report contains summaries only. Local Authority:
6.2 Braddan Commissioners: No objection (10.04.2025). Statutory Bodies - 6.3 Highway Services: No objection subject to the first 6m of driveway from the adopted highway being consolidated with no loose material; an s109 highway agreement will be required for access connections onto the adopted highway (26.03.2025). - 6.4 Highways, drainage: Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. Recommendation: As there are no details of any vehicle access routes or parking it is not possible to determine if there is compliance with the clauses stated. Therefore the applicant is to be aware of and demonstrate compliance with the clause.
6.5 DEFA Ecosystem Policy Team: No objection; applicant should follow procedure to manage, contain and remove Montbretia Crocosmia × Crocosmiiflora to ensure it does not spread during the construction process (01.05.2025). - 6.6 The following bodies were consulted on the 21.03.2025 however at the time of writing this report (18.06.2025), no comments have been received so it is assumed that there are no objections to the application.
6.7 Neighbours, other 6.8 At the time of writing this report (18.06.2025) there have been no other contributors.
7.1 This proposal, for construction of a new dwellinghouse, is presented to Planning Committee because the site is on land not identified for development, therefore in open countryside; Standing Orders (Planning Committee) 2. (1) (c). In assessing this proposal it is important to highlight the sites history because the Planning Inspectors Report and Decision are materially relevant; (AP23/0036).
7.2 AP203/0036; Paragraphs 81 to 85, the Inspectors opinion is that the site represents an infill plot within the hamlet, not a green space. The report goes on to state that the development would not harm the appearance or character of the hamlet of Ballaveare or the AHLV as protected by Strategic Policy 2 and Environment Policies 1 and 2. 'Nor would it disrupt the individual character, quality or distinctiveness of the hamlet in terms of Strategic Policy 4 and paragraph 7.34.1 of the Strategic Plan as well as the Landscape Character Assessment.
7.3 In Paragraphs 86 to 89 the Inspector agrees with the Appellant that the hamlet of Ballaveare is a rural group of dwellings in the countryside with a sense of place and community. Such situations are acknowledged in Section 9 of the Strategic Plan; therefore 'A sensitively added dwelling on the appeal site would consolidate the hamlet without significant expansion into the open countryside'. - 7.4 The Inspector allowed the Appeal in accordance with Drawing numbers HLK/22/178- 2 and 3 dated February 2023 subject to7 conditions; Conditions (C) 1 and 2 are standard approval and time conditions, C3 to 7 relate to details of design, tree protection, access, eradication of 'Montbretia' and foul and surface water drainage. Therefore the Principle of a dwelling on the site is acceptable. - 7.5 The Reserved Matters Application (RMA) (25/90025/REM)) was submitted in response to the Appeal Decision but withdrawn and submitted as this application because this scheme has a different layout to that approved at Appeal (23/00267/A). The fundamental difference is that the garage has been moved to the other side of the site and is attached to the dwellinghouse and as such a RMA is inappropriate. - 7.6 This is a new planning application however the Inspectors Appeal Report and Decision have determined that the principle of a dwellinghouse on this site is acceptable, therefore assessment of the principle of the proposal is not necessary. The considerations for this application are linked but not limited to C3 to C7 in the Appeal Decision as stated above at p7.4. This proposal is assessed under the following headings;
7.8 Access and parking / highway
7.9 Drainage foul and surface water
north-east and Milandra and Mount Murray Brewery Registered Tree areas to the north-east and north-west respectively. The site is in a central area between these important wildlife areas and as such potentially a cross over point.
8.0 CONCLUSION - 8.1 The proposed inclusion of a heat source pump and solar panels is welcomed and accords with the aims and objectives of Energy Policies 3 and 4, Environment Policy 22, General Policy 2(n) and Strategic Policy 5 in reducing the use of fossil fuels thus contributing to the Islands environment. - 8.2 Details submitted in respect of the parking and new access onto the public highway accord with General Policy 2(g) and (i). - 8.3 The form, design, scale, position, fenestration, layout and proposed materials are considered to take account of the locality and be sympathetic to the topography, character and appearance of the existing setting and adjacent built form. It is considered that the proposal sufficiently accords with Strategic Policy 5, General Policy 2, Environment Policy 22, Energy Policies 3 and 4, of the Isle of Man Strategic Plan 2016 and the Residential Design Guide
(2021), Planning Circular 3/91 and Manual for Manx Roads.
8.4 The application is recommended for approval subject to the proposed conditions.
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:
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):
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.
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: 30.06.2025 Signed : Presenting Officer
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