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Application No.: 25/90865/B Applicant: Mr Glenn Loxton Proposal: Replacement of garage door, erection of raised decking to enclose garage and yard, erection of canopy over raised decking, removal of existing fire escape, replacement of first floor window with door to create external access Site Address: 65 Derby Square Douglas Isle Of Man IM1 3LR Planning Officer: Peiran Shen Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 18.11.2025 _________________________________________________________________
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.
This application has been recommended for approval for the following reason.
It is judged that the application meets the tests of section 18 of the Town and Country Planning Act 1999 and Environment Policy 35 within the Strategic Plan as the character of the conservation area is being preserved. The proposed extension and roof terrace does not harm the character and appearance of the conservation area or neighbouirng amenities. The
proposal is considered to comply with General Policy 2 and Environment Policy 35 of the Strategic Plan, Planning Policy Statement 1/01 and the Residential Design Guide.
Plans/Drawings/Information;
This approval relates to the documents, photos and drawing no. 1133-01, 1133-02, 1133-03, 01, 02, which have all been received on 21st November 2025 and drawing no. 1133-04 Rev A, which has been received on 27th November 2025.
_________________________________________________________________ Right to Appeal It is recommended that the owners/occupiers of the following properties should NOT be given the Right to Appeal: 66 Derby Square, Douglas - Condition attached to retain external fire escape. _________________________________________________________________ Officer’s Report
1.0 THE SITE - 1.1 The site is 65 Derby Square, Douglas, a mid-terraced house located on the north of Derby Square. The house consists of a three-storey main house and a two-storey flat-roof rear extension. The rear boundary wall has a shutter door.
2.0 THE PROPOSAL - 2.1 The proposal is the erection of a first-storey roof-terrace with a mono-pitched-roof glass canopy and a carport underneath. - 2.2 The canopy is half the width to the site and the terrace has a 1.8m-high obscured glass balustrade on the rear boundary of the site.
3.0 PLANNING HISTORY - 3.1 Certificate of lawful development for the installation of roller door to rear boundary wall of property was APPROVED under PA 23/00997/LAW.
4.1 The site is within an area designated as Predominantly Residential in the Area Plan for the East. - 4.2 The site is within the Windsor Road Conservation Area. Strategic Policy - 4.3 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:
4.4 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is the only adopted PPS at the moment. It provides supplementary policy on developments within any conservation area.
5.1 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of
preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". This sets out the approach to be taken in determining planning applications, which includes giving great weight to the asset's conservation when considering the impact of a proposed development on the asset. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given in section 7.
Strategy and Guidance
5.2 The Residential Design Guide (July 2021) contains the following policies that are considered materially relevant to the assessment of this current planning application:
6.1 Douglas City Council has no objection to this application (06.10.2025). The comment states that consideration should be give not bin and recycling storage arrangement. - 6.2 DoI Highway Services does not oppose this application (17.02.2025). The comment states that there is no significant negative impact upon highway safety, network functionality and/or parking, providing the garage door is conditioned to be roller shutter or to not swing onto the adopted highway for the lifetime of the development. - 6.3 Owners/Occupiers of 66 Derby Square wrote in objection to this application. The comment states that the removal of the shared fire escape still provides escape route and maintenance access to the roof of both properties. The application was amended to show it being retained, although not further comments where received so the objection remains.
7.1 The key considerations of this application are its impact on the house itself, the character and streetscene of the area, and the amenities of the neighbours. Conservation Areas Statutory Test
7.1 The extension has a similar form as the existing rear extensions along the terrace. While the glass roof appears more modern compared to the existing roofscape material, this contrast make the age of construction more legible. Therefore, the extension is considered to preserve the character of the area. - 7.2 Roof terrace is not a common feature in conservation areas. However, No. 64 has an approved roof terrace similar to what's currently being proposed. Given the this, it is considered that the roof terrace would preserve the character of the area. Therefore, the proposal is considered to pass the test. Elements of Assessment - 7.3 The key considerations of this application are its impact on the house itself and the character and streetscene of the area. Design of the House Itself - 7.4 As mentioned in 7.2 and 7.3, the proposal is not considered to harm the design of the house. Character and Streetscene - 7.5 As mentioned in Section 7.2 and 7.3, the proposal is considered to have preserve the character and appearance of the Area. Highway Safety - 7.6 As there is no objection from highway services, it is considered that the proposal would not harm highway safety. Neighbouring Amenities - 7.7 The extension is about the same height as the neighbouring extensions. Therefore, it is considered to have no additional overbearing or overshadowing impact.
7.8 The roof terrace has a 1.8m obscured screen, which should be conditioned to ensure no additional overlooking towards 29 Derby Road.
8.1 It is judged that the application meets the tests of section 18 of the Town and Country Planning Act 1999 and Environment Policy 35 within the Strategic Plan as the character of the conservation area is being preserved. The proposed extension and roof terrace does not harm the character and appearance of the conservation area or neighbouring amenities. Therefore, the proposal is considered to comply with General Policy 2 and Environment Policy 35 of the Strategic Plan, Planning Policy Statement 1/01 and the Residential Design Guide and is recommended for an approval. - 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.
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: 04.12.2025 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
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