DEC Officer Report

Application No.: 22/00752/B Applicant: Mr & Mrs Gregory Wright Proposal: Erection of patio, walling with adjoining clock towers and associated landscaping works (Retrospective) Site Address: Copper Top 1 Booilushag Ballajora Ramsey Isle Of Man IM7 1BD Planning Officer: Mr Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 26.10.2022

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

This application has been recommended for approval for the following reason. The proposal complies with General Policy 2 and Environment Policy 42 of the Strategic Plan 2016.

Plans/Drawings/Information; This approval relates to the submitted documents and photographs received on 17.06.2022. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site represents a detached dwelling known as Copper Top located on the eastern side of the Booilushag Estate, 1990s estate of detached properties located on the eastern side of Maughold. - 1.2 Copper Top, along with its neighbour, Seapoint, is unique in the area due to its roof materials being copper, which has through the passage of time undergone a series of chemical

• reactions and now has a pale green outer layer called a patina. It has white UPVC windows and a cream render finish.
• 1.3 The Booilushag Estate is characterised by a mix of dwellings of different form, layouts and appearance, along this road the majority of the dwellings are detached bungalows. Set onto the hillside, the estate slopes down towards the coastline and Port Mooar. The estate benefits from mature planting in the rear gardens and along the roads.

2.0 THE PROPOSAL - 2.1 Proposal seeks planning approval for erection of patio, walling with adjoining clock towers and associated landscaping works (Retrospective) to the rear of the property. - 2.2 The works would include:

• 2.2.1 The creation of a stepped patio area that would be set over two levels with flag steps set within a 1.4m span and separated by planters, linking both patio areas. Paving tiles will be laid over both patio areas.
• 2.2.2 Also a new clock tower structure 1.6m wide and 2m long would be created within the lower patio area. This clock tower would be about 5m high from its base to the top of its hipped roof. This masonry structure would be similar to the existing clock tower on the main dwelling, although having its unique appearance.
• 2.2.3 Additional works will involve the creation of a BBQ area and store within the landscaped area.
• 2.4 The works would also involve the planting of a number of plants and shrubs. No trees would be lost as a result of the scheme.

3.0 PLANNING POLICY - 3.1 The site is within an area designated as 'residential' on the Isle of Man Planning Scheme (Development Plan) Order 1982, and the site is not within a Conservation Area. The site is not prone to flood risks, there are no registered trees on site, and the site is not within a registered tree area. As such, the following Strategic Plan policies are considered relevant: - 3.2 General Policy 2, states (in part): "Development which is in accordance with the landuse 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; (e) does not affect adversely public views of the sea; (g) does not affect adversely the amenity of local residents or the character of the locality; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;

3.3 Environment Policy 42 (In part): New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. - 3.4 Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (b) having regard in the design of new development to the use of local materials and character.

3.7 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are; Infrastructure Policy 5, Community Policy 11, Community Policy 7 and Community Policy 10. - 4.0 PLANNING HISTORY

4.1 None of the previous planning applications are considered relevant in the assessment and determination of the current application. - 5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. - 6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that there is 'No Highway Interest' in a letter dated 1 July 2022.

6.2 Garff Commissioners have made the following comments regarding the application (8 July 2022):

• o They object to the proposals in this application.
• o They opine that the planning process must be followed by all the Island's residents and that the Manx countryside should be protected from uncontrolled development of any nature.

6.3 No comments have been received from neighbouring properties.

6.0 ASSESSMENT - 6.1 The key issues with the proposed works are:

• i. The potential impact upon character and appearance of the site and area;
• ii. Whether there would be any adverse impacts on the living conditions of those in nearby property, particularly 'Sea Point', 2 Booilushag, Ballajora; and
• iii. Whether the proposed works would create satisfactory amenities for those using it.

- 6.2 CHARACTER AND APPEARANCE (GP 2 & EP 42)

6.2 The application site is in area zoned as Predominantly Residential where there is a general presumption in favour of development. Besides, there are visual benefits of the works which would tidy up the rear garden of the property and improve the appearance of the site. The design, size, siting and finish of the various elements of the works are also considered to be in keeping and an appropriate form of development for the site and area which is characterised by large gardens enclosed in mature landscaping. - 6.3 IMPACT ON THE LIVING CONDITIONS OF THOSE IN NEARBY PROPERTY (GP 2)

• 6.3.1 The raised patio area will not introduce any form of overlooking or privacy concerns. This is hinged on the fact that the patio area is set on the existing ground levels, and the scheme will not later the existing boundary treatment (hedging and trees) on the boundary with the nearest neighbour at Sea Point', 2 Booilushag, Ballajora, which will serve to restrict views into the rear gardens of this abutting property.
• 6.3.2 Whilst it is noted that the works would create an outdoor area where people may congregate and create noise. This outdoor area would be for a private use with the chances of people congregating particularly sparse. As such it is not considered that any noise generated in the use of the outdoor area which is within a residential context would be sufficient to warrant a refusal of the application. It is also noted that there is mature landscaping on the boundary with the nearest neighbour at 'Sea Point' which would serve as a buffer between both dwellings, making any noise impacts minimal.

- 6.4 IMPACT OF THE PROPOSAL ON THE AMENITY OF THE EXISTING DWELLING (GP 2)

• 6.4.1 With schemes like this within areas with steep topographies, a key concern lies in the increased potential for the hard surfaced areas to increase run-off within the site with potential

• to create waterlogging and on-site flooding concerns for the low lying parts of the rear garden and site, to the detriment of the amenities of occupants of the existing property. It is, however, considered that although the patio areas will not be made of permeable material, the gaps created along the edges of the paving blocks will allow precipitation to easily percolate into the soils beneath the patio floors. This will reduce the likelihood for flooding to occur on the site, as well as reduce the impact of the development on the biotic environment and, as such, it is considered that this makes the proposal conform to parts (c) of General Policy 2 of the Isle of Man Strategic Plan.
• 6.4.2 The works would also create a comfortable outdoor space which would be an added amenity area for the occupants of the existing dwelling.

- 6.5 OTHER MATTERS

• 6.5.1 The comments made by the Garff Commissioners regarding the retrospective nature of the application are noted. However, all applications are judged on their own merit and as if they have not occurred. As such, the fact that the works were commenced prior to submission of the application would prejudice the determination of the application, as the application would still need to pass the required tests which include visual impacts, impacts on ecology and the broader environment, impacts on neighbouring amenities, and other considerations which may be relevant to the specific case.
• 6.5.2 It is also important to note that the dwelling is within an area designated as 'residential' on the Isle of Man Planning Scheme (Development Plan) Order 1982, and as such the site cannot be classed as being in the countryside.

- 7.0 CONCLUSION

7.1 For the above reasons, it is concluded that the planning application would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016 and is recommended for approval. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed in Article 4(2) who should be given Interested Person Status.

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.

Decision Made : Permitted Date: 27.10.2022 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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