Officer Report

Application No.: 25/90112/B Applicant: Mr Michael Barron Proposal: Erection of detached garage to the rear of the existing dwelling house Site Address: Brookfield Bank Main Road Foxdale Isle Of Man IM4 3EB Planning Officer: Vanessa Porter Photo Taken: 29.04.2025 Site Visit: 29.04.2025 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 30.09.2025 _________________________________________________________________

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. The garage above hereby approved shall only be used only in association with the main dwelling house "Brookfield Bank" and for purposes incidental to the use of main dwelling house "Brookfield Bank" as a single dwelling and not for commercial purposes.

Reason: the dwelling is within a single residential plot within an area not designated for development and has only been considered acceptable for the reasons identified within the application. The application does not propose to create separate units within the site and has not been considered as such.

• C 3. Notwithstanding the details provided within this application, no permission is given for any of the works as stated within an email sent to the agent on behalf of the applicant, dated 16th June 2025.

Reason: the application has been assessed on the basis of a proposed garage only and no other details.

• C 4. No development shall commence until proposed and existing datum points have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
• C 5. Notwithstanding the details shown on the approved plans all glass balustrades shall be installed with measures to prevent bird strikes to be either etchings on the glass or use of ultraviolet decals. Reason: To prevent/reduce the risk of bird strikes.

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

The proposal is considered to be acceptable in principle in this countryside location and of an appropriate form, mass and design without detriment to the character of the wider locality, in compliance with General Policy 2 and Housing Policy 16.

Plans/Drawings/Information; This decision relates to the following plans and drawings, dated received 17th March 2025;

• o Drawing No. 0726/01
• o Drawing No. 0726/02

_________________________________________________________________ Right to Appeal

It is recommended that the following organisations should not be given the Right to Appeal on the basis that they have submitted a relevant objection:

DOI Highway Drainage - No objection DOI Highway Services - No objection

_________________________________________________________________ Officer’s Report THE SITE

1.1 The application site is within the curtilage of Brookfield Bank which is a detached dwelling situated to the Western side of Main Road, Foxdale. The existing dwelling is situated just off the main road, with a footpath situated in front of the main dwelling, to the North is an entrance to the rear of the property and to land also within the applicants ownership. To the South of the dwelling is a driveway which has been paved and leads directly to the rear of the property, where the proposed garage is to be situated. - 1.2 The dwelling is situated on the main road level, with both driveways gaining elevation from East to West with the rear garden being higher than the ground floor level of the main dwelling. - 1.3 Earthworks have been done to the rear to facilitate drainage and an area for the proposed garage. THE PROPOSAL

2.1 The current planning application seeks approval for the erection of a garage to the rear of the property which is to measure 7m by 10m with an overall height of 4.1m. The proposed

• garage is to have stairs situated to the Northern side made out of concrete which lead to a balcony above the garage.
• 2.2 The proposed garage is to be rendered with a concrete coping, anthracite grey aluminium garage doors, with the balcony having a glass balustrade with stainless steel fixings. The proposal is also to have a door situated to the Southern side of the garage.
• 2.3 No details have been provided on what the proposed garage is to sit upon. PLANNING HISTORY

3.1 There have been a couple of applications previously of which there are none relevant to this application. PLANNING POLICY - 4.1 The site lies within an area zoned as "Not zoned for development," with the proposed garage being sited within a Nature Conservation Area as shown on the Foxdale Local Plan Order 1999. The site is not situated within a Conservation Area but is situated within a surface water - medium to high likelihood area.

4.2 It should be noted that the site is situated within an area "Not zoned for development" on the Draft Area Plan for the North and West, and there is no reference to a Nature Conservation Area within the site or adjacent to the site. - 4.3 FOXDALE LOCAL PLAN ORDER 1999

• 4.3.1 The Foxdale local plan order 1999 has a recommendation (F/R/E/2) and several policies (F/P/E/6 to F/P/E/9) which are relevant to the assessment of this application.

4.4 ISLE OF MAN STRATEGIC PLAN 2016

• 4.4.1 The key policies for this application are Housing Policy 15 due to the traditional elements of the property, which states (in full), "The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally)" and Housing Policy 16 due to the non-traditional parts of the property, which states (in full), "The extension of non-traditional dwellings or those of poor or inappropriate form will not generally be permitted where this would increase the impact of the building as viewed by the public."

• 4.4.2 There are a number of other relevant policies specific to this application, 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, 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 and Environment Policy 1 seeks to prevent development which would adversely affect the side other than in exceptional circumstances. Also relevant is Transport Policy 7 in connection with Appendix 7 which sets out general parking standards.

• 4.4.3 Other material considerations for this application is the Residential Design Guidance

(2021) which, although focused on dwellings within settlements, does offer advice in relation to the impact on neighbours and also Planning Policy Statement 3/91 which provides guidance on the design of residential development in the countryside.

• 4.4.4 It should be noted that the site as stated is situated within a Surface Area Flood Zone, and as such a Flood Risk Assessment is required as per Environment

REPRESENTATIONS The following representations can be found in full online, below is a short summery;

5.1 Highway Services have considered the proposal and state, "No Highways Interest." (24.03.25)

5.2 DOI Highways Drainage have considered the application and would like to make the applicant aware that, "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." (29.04.25)

5.3 DEFA's Ecosystems Policy Officer has considered the proposal and states, "No objection subject to condition," of which the proposed condition is, "No works to commence unless a plan detailing the measures that are to be put in place to prevent bird strikes on the clear glass balustrades, is submitted to Planning and approved in writing. Measures could include use of etching, ultraviolet coatings or decals." (08.04.25) - 5.4 DEFA Energy and Minerals have considered the proposal and raised several queries (15.05.25), of which a reply was provided by the agent on behalf of the applicant (01.07.25) and the department subsequently have stated that they are content with the response provided. (24.07.25). - 5.5 Patrick Commissioners were consulted on the 19th March 2025 and the 8th April 2025 of which no response has been received at the time of writing this report. - 5.6 Manx Utilities Authority - Electricity were consulted on the 19th March 2025 and the 8th April 2025 of which no response has been received at the time of writing this report. - 5.7 DEFA EPU Waste Management were consulted on the 29th April 2025 of which no response has been received at the time of writing this report.

PREAMBLE 6.1 It's relevant to note that the site has had several works done to it which have not had the benefit of Planning Permission, the agent on behalf of the applicant was consulted on this within an email dated 16th June 2025 of which a reply was requested so that progress could be made to make the works legal with regards to Planning Permission.

6.2 Whilst a reply was received to the email it was regarding another point within the email and not with regards to the works done without Planning Permission.

6.3 As this application is just regarding the erection of a garage to the rear of the site, this is the only item, which is assessed under this application. ASSESSMENT

6.1 The site falls outside of a defined settlement boundary within the open countryside, is not designated for residential development within the Development Plan and does not technically accord within one of the defined exception criteria outlined in General Policy 3. - 6.2 Housing Policies 15 and 16 make provision for the extension to dwellinghouses within the countryside, however no provision is made within the Strategic Plan for the erection of ancillary buildings within the curtilage of established and lawful dwellings. Notwithstanding this however, the general approach of the Department is to support the erection of proportionate ancillary structures, provided they are of an appropriate design, scale and siting, would not result in an adverse impact upon the wider landscape setting, safeguard residential amenity and be clearly ancillary and subordinate in nature and use. It is further noteworthy that the erection of ancillary outbuildings and garages may be permissible under permitted

• development, in accordance with the Town and Country Planning (Permitted Development) Order 2012, which is a strong material planning consideration.
• 6.3 In this instance, whilst the development proposed would exceed the parameters of that which could be constructed under permitted development, it is clear that the building would be used for purposes ancillary to the host dwelling and of a moderate scale and footprint in the context of the wider curtilage. The principle of development is therefore considered to be acceptable.
• 6.4 The design and scale of the proposed building is considered relatively modest and generally, in proportion to the host dwelling, with the proposal due to its location most likely to be used for a purpose ancillary to the principal property.
• 6.5 Whilst it's noted that the proposal will be seen from the main road due to it's overall height and the elevation gain the site has from the main road, it is mostly shielded from public vantage points with the upper part being the most likely to be seen and fleeting views of the front elevation and possibly the Northern elevation. Overall the proposed garage will mostely be shielded by the main dwelling and as such is considered not to appear unduly prominent within the context of wider landscape views. The external palette of materials is also considered to be acceptable and appropriate in the site's context. The development is therefore deemed to be compliant with General Policy 2 (b) and (c).
• 6.6 No objections have been raised by Highways Services over the proposals, which would not interfere with the site's existing access and driveway, or indeed current parking provision serving the dwelling.
• 6.7 Turning towards neighbouring amenity and the proposed terrace above the garage, the closest neighbour to the proposed works is "Dove Cottage" which is situated North of the site across the road, with the proposed garage being approximately over 40m away. Whilst "Dove Cottage" is situated at a lower elevation than "Brookfield Bank" any views into "Dove Cottage" are already achieved from the footpath when walking along the Main Road. As such, the proposal is not deemed to increase overbearing or overlooking above and beyond what is currently in place.
• 6.8 It's noted that there are potentially two driveways into the rear of the property, as such for the benefit of doubt a condition should be attached so that the garage is connected to the main dwelling only, so that there is no separation of the planning unit.
• 6.9 It's also noted that no datum points have been provided as part of the application, as such a condition is attached to request this prior to commencement.
• 6.10 The comments raised by DEFA Ecology have been noted and a condition should be attached to prevent bird strike.

CONCLUSION

7.1 The proposed garage whilst situated at a higher elevation to the Main Road will ultimately be shielded by the main dwelling with any views being fleeting as such it is considered to be acceptable in principle in this countryside location and of an appropriate form, mass and design without detriment to the character of the wider locality, in compliance with General Policy 2 and Housing Policy 16.

7.2 The application is therefore recommended for approval with a condition stating that no permission is given to any of the other works on the site which have been done without the benefit of Planning Permission and an ancillary only condition.

• 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 ppeal if one i 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: 01.10.2025 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

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