Dear Andrew, Andy and Lorna, Your Reference : CONW/AP25/0013 I write with reference to the following appeal:
Appeal Appeal Ref: AP25/0013 Planning Ref: 24/91425/B Appellant: Ms Jennifer Devine Proposal: Appeal against the refusal for alterations to existing dwelling
to create first floor rooms, removal of chimney, installation of roof lights, and alterations to doors and windows.
Address: Site at 26 Riverbank Road Ramsey IM8 3PR.
Please find attached copies of my statement which comprises six parts:
1. A copy of the Officer’s report, (which is our planning statement) including assessment of the proposal and recommendation that the application be Refused, which was considered and accepted by the Principle Planning Officer for The North on 15th April, 2025, and the application was Refused.
2. A copy of the Decision Notice for this planning application;
3. An aerial photograph of the site;
4. Photographs of the appeal site taken in 25th February, 2025 as APPENDIX 1;
5. A list of suggested conditions in the event that the appointed Planning Inspector is minded to recommend that the application be approved.
Please let me know if there is anything else that you may require. Yours sincerely,
Hamish LairdMRTPI
Principal Planning Officer
Planning and Building Control Directorate Department of Environment, Food and Agriculture (DEFA), Isle of Man Government, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF
PLANNING OFFICER REPORT AND RECOMMENDATIONS Application No. : 24/91425/B Applicant : Jennifer Devine Proposal : Alterations to existing dwelling to create first floor rooms, removal of chimney, installation of roof lights, and alterations to doors and windows Site Address : 26 Riverbank Road Ramsey Isle Of Man IM8 3PR Planning Officer: Hamish Laird Photo Taken : 25.02.2025 Site Visit : 25.02.2025 Expected Decision Level : Officer Delegation
Recommendation Recommended Decision: Refused Date of Recommendation: 10.04.2025 _________________________________________________________________
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The proposed first floor, flat roofed rear dormer extension, would measure approximately 10.87m wide x 2.5m high, with a depth of 5.0m, and would extend over approximately twothirds of the extent of the rear roof-slope is unacceptable because it would introduce a significant non-conforming, flat-roofed structure at first floor level the design, bulk, width and scale of which would result in an unacceptably large and visually discordant extension that would appear as an incongruous addition to the existing single storey dwelling which would be out of character and keeping with existing development in the surrounding area. Overall, in terms of visual impact, the proposed extension fails to accord with the provisions of Policy (GP2 b and c) in the Isle of Man Strategic Plan 2016.
R 2. The proposed first floor, flat-roofed, dormer extension would be sited on the rear roof slope of the existing dwelling. It would be sited close to the common boundary with the dwelling to the west at No. 25, the rear elevation of which does not align with that of No. 26, but is inset in terms of the relationship of the closest part of No. 25 with No. 26. Owing to the close proximity, height and depth of the dormer extension with No. 25, this relationship would be unduly overbearing resulting in an unacceptable level of light loss to and outlook from the nearest part of the rear elevation of No. 25. In respect of the impacts on No. 25 as identified above, this would fail to accord with the provisions of Policies (GP2 g) and ENV 23 in the Isle of Man Strategic Plan 2016.
R 3. Notwithstanding the above reason for refusal, the relationship of the proposed rear dormer extension with these two neighbouring properties would result in overlooking of their private rear garden areas, particularly the ability to overlook the rear garden of No. 25 from the balcony serving Bedroom No. 5 which would be sited closest to the boundary with No. 25. Owing to the impact for overlooking and loss of privacy in respect of the occupants of No. 25's enjoyment of their rear garden area, the proposed development is unacceptable and fails to
24/91425/B Page 1 of 6
accord with the provisions of Policies (GP2 g) and ENV 23 in the Isle of Man Strategic Plan 2016.
_________________________________________________________________ Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: Department of Infrastructure Highways Services - No objection. Ramsey Town Commissioners - No objection.
1.1 The site comprises a single storey dwelling at 26 Riverbank Road Ramsey. The application property comprises on of a row of bungalows of similar style, scale, proportions and design on this the south side of the road. They occupy relatively large plots the rear gardens of which run down towards the Sulby River to the south opposite the Poyll Dooey Nature Reserve. The site lies within the settlement boundary for Ramsey.
2.0 The Proposal
2.1 The proposal seeks full planning permission for alterations to the existing bungalow including the creation of first floor rooms with a new dormer window to the rear of the dwelling, internal alterations, the removal of a chimney, and amendments to doors and windows to rear and end elevations and the insertion of additional rooflights.
2.2 The existing ground floor layout comprises an entrance hallway, 2 bedrooms, (1 en-suite), a family bathroom, utility room, store, study, kitchen, dining room, lounge with attached sunroom, and a garage containing the heating oil tank. The existing first floor loft space provides storage and space for the water tank only. The existing structure has a pitched slate roof with lower ridge and eaves height compared to the main dwelling.
2.3 The new elements to be attached to the dwelling comprise: Ground Floor: Internal alterations upping the bedroom numbers from 2 to 4 with the garage being bisected to accommodate a new utility room. As a result, the garage would be lost to parking provision and would effectively become a garden store. 2 No. rooflights would be inserted in the western roof slope of the existing lounge/sunroom, with existing window apertures infilled and rendered over and a new obscure glazed window and door inserted to serve the new utility room.
First Floor: would comprise the provision of a single, flat-roofed dormer which would have its roof height set just below the eaves height of the existing bungalow. It would measure 10.87m wide x 2.5m high, with a depth of approx. 5.0m. This would provide 2 further double bedrooms, one with an en-suite shower room (bedroom 5). There would be a staircase up within the main structure of the dwelling leading to an open landing from the ground floor below. The two bedrooms would each be served by a 8 panel glazed windows each measuring
1.95m high x 3.82m wide. 2 No. rooflights would be inserted in the front roof-slope. Both the new master bedroom (bedroom 5), and the more centrally place d bedroom 6 would each be served by a balcony contained within the new dormers floor area allowing for sitting and obtaini9ng views across the Sulby River to the countryside beyond.
2.4 The existing chimney located on the rear main roof slope would be removed to accommodate the new dormer.
3.0 PLANNING POLICY
24/91425/B Page 2 of 6
3.1 The site lies within an area designated on the Draft Area Plan for the North and West 2022 as Predominantly Residential and on the current Ramsey Local Plan. The site is not within a Conservation Area. The site is also not within a Registered Tree Area, and there are no protected trees on site. It does, however, lie within an area prone to flood risk from Surface water with a High Likelihood to the front of the dwelling on the plot as shown on the Isle of Man Indicative Flood Risk Maps. As such, the following parts of the Strategic Plan are considered relevant:
3.2 The site lies within an area designated for residential use on the Draft Area Plan for the North and West 2022). As such, there is a presumption in favour of residential development here, subject to the general standards of development as set out in General Policy 2 as follows: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
(b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
(c) does not affect adversely the character of the surrounding landscape or townscape;
(g) does not affect adversely the amenity of local residents or the character of the locality;
(h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
(i) does not have an unacceptable effect on road safety or traffic flows on the local highways. (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (n) is designed having due regard to best practice in reducing energy consumption. "
3.3 Paragraph 7.34: Existing Settlements 7.34.1 Every settlement in the Island has its own individual character and identity which needs to be conserved and enhanced. If such characteristics and qualities are not to be lost, any new development must be appropriate to the locale in terms of scale, siting, design, relationship with other buildings and land uses. Area Plans should identify important spaces within settlements, whether in the form of village greens, squares or areas which simply add to the attractiveness and interest of particular areas which have positive amenity value. It is important to the attractiveness and individuality of centres that over intensive development is avoided as well as the gradual merging of towns and villages in order to preserve a sense of identity and sense of place. In terms of existing settlements, in both rural and urban areas, new development will be expected to follow the following design principles. Development will need to:
i. be of a high standard of design, taking into account form, scale, materials and siting of new buildings and structures;
ii. be accompanied by a high standard of landscaping in terms of design and layout, where appropriate;
iii. protect the character and amenity of the locality and provide adequate amenity standards itself;
iv. respect local styles; and
v. provide a safe and secure environment.
3.4 Environment Policies 10 and 13 relate to development and flood risk and state:
Environment Policy 10: "Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4."
24/91425/B Page 3 of 6
3.5 Environment Policy 13: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted.
3.6 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are Environment Policy 22 relating to the impacts of new development upon residential amenity; and,
3.7 Environment Policy 23 which states: "When considering alterations and improvements to existing facilities the Department will require that consideration be given to the potential adverse impact of the proposed changes to existing neighbours."
4.0 Relevant Planning History - None
5.0 Representations
5.1 Ramsey Town Commissioners (25/2/25) have no objection to this proposal.
5.2 DoI Highway Services: 14 Jan 2025 - expresses "No Highways Interest"
5.3 No third party (neighbour) representations had been received aby the Report Drafting stage (10/4/24).
6.0 Assessment
6.1 The fundamental issues to consider in the assessment of this planning application are:
(i) Principle of development
(ii) Visual impact of the proposed development; (GP2 b, c)
(iii) The impact upon the amenities (overlooking, loss of light; over bearing impact, (privacy and visual amenity) of the neighbouring properties. (GP2 (g,) ENV22 and ENV23)
(iv) Flood risk implications (ENV10)
(v) Other matters
(i) Principle of development
6.2 The existing single storey dwelling occupying the site has been lawfully erected. It lies within the settlement boundary for Ramsey and as such the principle of development via extensions and alterations is considered to be acceptable subject to the proposed scheme being in accordance with the relevant planning polices contained in the Isle of Man Strategic Plan 2016; the Ramsey Local Plan and the Draft North and West Area Plan 2022; and, any other material considerations. (i) Visual impact
6.3 The proposed works involve the erection of a first floor rear, flat-roofed dormer extension plus other alterations change the existing bungalow from a single storey dwelling, to one covering 2-stories involving the removal of the existing chimney from the rear roof-slope, the blocking up and addition of new windows and roof-lights, and the conversion of the existing garage away from parking provision to a new utility room and provision of a garden store.
6.4 As advised above, the application property is one of a row of approx. 10 No. similar dwellings on the south side of Riverbank Road with rear outlooks facing the Sulby River that are of a similar design, size and scale, and which have spacious rear garden areas laid to grass and dotted with mature shrubs and screened from each other by mature side boundary hedgerows. No. 26 has picket fencing on its rear boundary allowing views across the river and countryside beyond encapsulating views of the distant mountains to the south. None of the other properties in the row have any roof extensions or additions.
6.5 The proposed first floor, flat roofed rear dormer extension would result in a significant addition to the existing dwelling at this raised level and would measure approx. 10.87m wide x
24/91425/B Page 4 of 6
2.5m high, with a depth of approx. 5.0m. It would extend over approx. two-thirds of the rear roof-slope, and would introduce a significant non-conforming flat-roofed structure at the first floor level. It is considered that the design, bulk, width and scale of the proposed dormer extension would result in an unacceptably large and visually discordant extension that would appear as an incongruous addition to the existing single storey dwelling, and represents an unacceptably poor form of design in its own right. There are no other similar extensions to the dwellings on this side of Riverbank Road. It is considered that the design, side and rearward extent from the roof slope of the existing dwelling, the flat-roofed nature of the extension, which would tuck in just below the existing rear roof-slopes ridge height and the scale and proportions of the proposed extensions, are unacceptable. Overall, in terms of visual impact, the proposed extensions would fail to accord with the provisions of Policy (GP2 b and c) in the Adopted Isle of Man Strategic Plan 2016.
(ii) Neighbouring amenity
6.6 The proposed first floor, flat-roofed, dormer extensions would be sited on the rear roof slope of the existing dwelling and in terms of its orientation and relationship to the neighbouring dwellings either side at Nos. 25 and 27 Riverbank Road. It would be sited close to the common boundary with the dwelling to the west at No. 25, the rear elevation of which does not align with that of No. 26, but is inset in terms of the relationship of the closest part of No. 25 with No. 26. It is considered that this relationship would be unduly overbearing resulting in an unacceptable level of light loss to and outlook from the nearest part of the rear elevation of No. 25. In respect of the relationship between the application dwelling and No. 27 Riverbank Road to the west, the pitched roof of the existing ground floor rear element would largely protect the amenities of occupants of this neighbouring property in this particular regard. In respect of the impacts on No. 25 as identified above, this would fail to accord with the provisions of Policy (GP2 g) in the Adopted Isle of Man Strategic Plan 2016.
6.7 The second element of the relationship of the proposed rear dormer extension with these two neighbouring properties would be the potential for overlooking of their private rear garden areas, particularly the ability to overlook the rear garden of No. 25 from the balcony serving Bedroom No. 5, less so from the balcony of serving bedroom 6, albeit that the dormer cheeks to each balcony area would mean that overlooking would only occur by leaning against the balcony railing. The same would occur in respect of the balcony proposed to serve Bedroom No. 6. In respect of the relationship between the application dwelling and No. 27 Riverbank Road to the west, the pitched roof of the existing ground floor rear element would largely prevent any overlooking of the immediate area to the rear of the dwelling, although distant views of the rear portion this properties rear garden area would be overlooked. Nevertheless, the potential impact for overlooking and loss of privacy in respect of the occupants of No. 25's enjoyment of their rear garden area, the proposed development is considered to be unacceptable.
(iii) Flood risk implications
6.8 None. This is a first floor extension to the existing dwelling which would be very unlikely to be impacted by any flooding arising from the site lying within an area prone to flood risk from Surface Water with a High Likelihood to the front of the dwelling on the plot as shown on the Isle of Man Indicative Flood Risk Maps. This accords with the provisions of Environment Policies 10 and 13 in the IoMSP 2016 relating to development and flood risk
(iv) Other matters
6.9 There are no highway implications or objections to the proposals from DoI Highways. The existing access would be used and despite the loss of the garage to parking provision, there is sufficient parking space on site to serve the proposed development. This accords with Policies ENV4 and ENV7 in the IOMSP 2016.
24/91425/B Page 5 of 6
7.0 CONCLUSION
7.1 For the above reasons, it is concluded that the development proposed by this planning application in terms of its design, visual impact and impact is unacceptable. It would also be harm the residential amenities of occupants of neighbouring properties, particularly through a loss of light to and outlook from the rear of No. 25 Riverbank Road. As such, it would fail to comply with the principles of General Policy 2 b) c) and g), and Environment Policy 23 of the Isle of Man Strategic Plan 2016, and is recommended for refusal.
8.0 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 : Refused Date: 15.04.2025 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner
Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record.
24/91425/B Page 6 of 6
Ayre Architects Limited Ballavareen West Grenaby Road Dogmills IM7 4AN
Town And Country Planning Act 1999
The Town and Country Planning (Development Procedure) Order 2019
In pursuance of powers granted under the above Act, and subordinate Orders and Regulations, the Department of Environment, Food and Agriculture determined to REFUSE an application by Jennifer Devine, Ref 24/91425/B, for the Alterations to existing dwelling to create first floor rooms, removal of chimney, installation of roof lights, and alterations to doors and windows at 26 Riverbank Road Ramsey Isle Of Man IM8 3PR for the following reason(s):
The proposed first floor, flat roofed rear dormer extension, would measure approximately 10.87m wide x 2.5m high, with a depth of 5.0m, and would extend over approximately two-thirds of the extent of the rear roof-slope is unacceptable because it would introduce a significant non-conforming, flat-roofed structure at first floor level the design, bulk, width and scale of which would result in an unacceptably large and visually discordant extension that would appear as an incongruous addition to the existing single storey dwelling which would be out of character and keeping with existing development in the surrounding area. Overall, in terms of visual impact, the proposed extension fails to accord with the provisions of Policy (GP2 b and c) in the Isle of Man Strategic Plan 2016.
The proposed first floor, flat-roofed, dormer extension would be sited on the rear roof slope of the existing dwelling. It would be sited close to the common boundary with the dwelling to the west at No. 25, the rear elevation of which does not align with that of No. 26, but is inset in terms of the relationship of the closest part of No. 25 with No. 26. Owing to the close proximity, height and depth of the dormer extension with No. 25, this relationship would be unduly overbearing resulting in an unacceptable level of light loss to and outlook from the nearest part of the rear elevation of No. 25. In respect of the impacts on No. 25 as identified above, this would fail to accord with the provisions of Policies (GP2 g) and ENV 23 in the Isle of Man Strategic Plan 2016.
Notwithstanding the above reason for refusal, the relationship of the proposed rear dormer extension with these two neighbouring properties would result in overlooking of their private rear garden areas, particularly the ability to overlook the rear garden of No. 25 from the balcony serving Bedroom No. 5 which would be sited closest to the boundary with No. 25.
Owing to the impact for overlooking and loss of privacy in respect of the occupants of No. 25's enjoyment of their rear garden area, the proposed development is unacceptable and fails to accord with the provisions of Policies (GP2 g) and ENV 23 in the Isle of Man Strategic Plan 2016.
Date of Issue: 15th April 2025
J CHANCE
Director of Planning and Building Control
Guidance Note
This decision was made by a Principal Planner in accordance with the authority delegated to them.
This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation.
A copy of the Officer's report and any correspondence which informed the assessment and decision is available to view on the Government's website (via https://pbc.gov.im/online-applications/)
A determination to refuse planning approval does not have effect —
if an appeal is submitted until the appeal is determined or withdrawn; or
if no appeal is submitted, until the time within which an appeal may be submitted has expired (21 days from the date of this notice).
Appeal
Any appeal must be in writing, include the appropriate fee and be submitted to the Department within 21 days of the date of this Notice.
Guidance on how to appeal is available at gov.im/howtoappeal
Planning Appeal Ref: AP25/0013 Planning Ref: 24/91425/B Aerial Photograph of the Appeal Site 26, Riverbank Road, Ramsey, IM8 3PR.
Photographs of the Appeal Site at 26, Riverbank Road, Ramsey, IM8 3PR.
Please reply to the signatory Our Ref: 24/91425/B Mr. A. Johnstone, Planning Appeals Secretary, Cabinet Office, Government Offices, Buck’s Road, Douglas, IM1 3PN.
Jennifer Chance MRTPI Director of Planning & Building Control 30th April 2025 Dear Mr Johnstone
Appeal Appeal Ref: AP25/0013 Planning Ref: 24/91425/B Appellant: Ms Jennifer Devine Proposal: Appeal against the refusal for alterations to existing
dwelling to create first floor rooms, removal of chimney, installation of roof lights, and alterations to doors and windows.
Address: Site at 26 Riverbank Road Ramsey IM8 3PR.
In the event that the appointed Planning Inspector is minded to recommend that the application be approved, the following suggested conditions and reasons are considered to be appropriate in this case:
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.
2. No work shall be carried out on in relation to the construction of any of the external surfaces of the extension to the dwelling hereby permitted unless details of the materials, colour and finish to be used for all external walls and roofs and the glazed balustrade have first been submitted to and approved in writing by the Local Planning Authority. The development, hereby permitted, shall thereafter be constructed in accordance with the approved details.
To ensure the use of materials appropriate to the development in order to safeguard the visual amenities of the area, in accordance with policy GP2 in the Adopted Isle of Man Strategic Plan (2016).
Yours sincerely,
Mr Hamish Laird Planning Officer
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Source & Provenance
Official reference
AP25/0013
Source authority
Isle of Man Government Planning & Building Control
