Officer Report

Application No.: 25/90875/B Applicant: Mr & Mrs Richard & Sarah Henthorn Proposal: Alterations to external render and cladding, installation of external staircase and door to east elevation, installation of roofmounted solar panels, additional use of first floor as tourist accommodation (Class 3.1) Site Address: Old Ballachrink Farm Breeze Hill Laxey Isle Of Man IM4 7DL Principal Planner: Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 21.10.2025 _________________________________________________________________

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 development hereby approved shall not be used or occupied other than for the purpose of short-let holiday accommodation and shall not be used as a separate dwelling. The accommodation hereby approved shall not be occupied by the same person(s) for a single period or cumulative periods exceeding 28 days in any calendar year.

Reason: To ensure that the development is only used and occupied as short let holiday accommodation and to prevent the creation of an unjustified separate dwelling in the countryside.

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

Overall, the proposed works are acceptable in terms of their design to an existing residential property and as such has no significant impacts upon public or private amenities and preserving the character and quality of the Conservation Area and therefore complies with the relevant planning policies outlined and Section 18(4) of the Town and Country Planning Act (1999) and General Policy 2 and Environmental Policy 35 of the IOM Strategic Plan 2016.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawings reference numbers all received;

23.09.2025

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29.09.2025 01 REV A

_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No Objection Local Authority - No Objection

_________________________________________________________________ Officer’s Report

1.0 THE SITE - 1.1 The site is the residential curtilage of an existing detached dwelling Old Ballachrink Farm which is located to the eastern side of Breeze Hill and north of the Laxey Holiday Chalets within Laxey Village. Within the large plot there is also a area of hardstanding (parking area) immediately to the east of the dwelling and a large detached garage which is located to the south-eastern corner of the site. The rear of the site essential looks downwards at Laxey harbour/Village as the site is essentially on a hillside.

2.0 THE PROPOSAL - 2.1 The application seeks approval for alterations to external render and cladding, installation of external staircase and door to east elevation, installation of roof-mounted solar panels, and additional use of first floor as tourist accommodation (Class 3.1).

- 3.0 PLANNING STATUS AND POLICY

3.1 The site lies within an area designated on the Area Plan for the East 2020 as Predominantly Residential. The site also lies just within a Conservation Area (site is on boundary). - 3.2 As such, the proposal should be considered in respect of the following Strategic Plan policies and guidance: - 3.3 General Policy 2 states: "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 space 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 adverse effect on road safety or traffic flows on the local highways;
• j) can be provided with all necessary services" and

3.4 Environment Policy 35 states "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." - 3.5 This echoes the policies of Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man. - 3.6 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". - 3.7 Residential Design Guide 2021

- 4.0 PLANNING HISTORY

4.1 There are a number of previous planning applications associated with this property; however, only the following are considered relevant in the determination of this application. - 4.2 Installation of roof and enclosure adjacent to garage - 18/00392/B - APPROVED - 4.3 Erection of a detached garage with store - 07/02179/B - APPROVED - 4.4 Creation of pitched roof to flat roofed rear annex - 98/01526/B - APPROVED - 4.5 Erection of replacement conservatory and installation of replacement windows to front elevation - 01/00374/B - APPROVED

- 5.0 REPRESENTATIONS

5.1 Highway Services comment (01.10.2025); "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as there is enough off-street parking for residents and visitors of the proposals." - 5.2 Garff Commissioners do not object (07.10.2025).

- 6.0 ASSESSMENT

6.1 The main issues to be considered in the assessment of this application are; the statutory test, the impact of the proposed development upon the character and appearance of the Conservation Area and the use of part of dwelling for tourist purposes.

- 6.2 CONSERVATION AREA STATUTORY TEST

• 6.2.1 Prior to the assessment elements of this application, it is necessary to apply the Conservation Area statutory test as referenced in section 3.6 of this assessment on whether the proposal would preserve or enhance the Conservation Area.
• 6.2.2 The majority of the works are the external finishes to the property with the replacement of existing painted render with a green cladding system to south (rear facing towards Laxey Village) and to first floor level of east & west elevations (gables). The remainder of the painted render would be retained and painted a green colour. The existing chimney stack to western gable would be clade in natural stone. The roof to the southern elevation would be extended

• by 0.45m. Solar panels are proposed to the roofs. The proposed green cladding would likely be the greatest change to the property, and be noticeable from the distance public views to from the Laxey Bridge area to Harbour side. The site backdrop and surround hillside area is made up of woodlands, and therefore the change from painted render, to a dark green finishes would reduce the visual appearance of the property. Furthermore, the applicants could potential paint the all of the existing render in a similar green colour without requiring planning permission, which from the distant public views would appear the same as the cladding now proposed.
• 6.2.3 The proposal would preserve the character or appearance of the Area and therefore comply with Section 18(4) of the Town and Country Planning Act (1999).

- 6.3 POTENTIAL IMPACT UPON CHARACTER AND APPEARANCE OF THE CONSERVATION AREA

• 6.3.1 The Planning Department has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2016). This policy indicates that development within Conservation Areas will only be permitted if they would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development.
• 6.3.2 As outlined previously (paragraph 6.2.2), there are no concerns in relation to the works for the reasons indicated and therefore this proposal is considered to preserve the character or appearance of the Conservation Area and would comply with Environment Policy 35.

6.4 The use of part of dwelling for tourist purposes

• 6.4.1 The proposal is to use part of the first floor (existing two bedrooms and bathroom) for self-contained tourist use. The proposal would be a one bedroom tourist unit with its own kitchen/sitting room, bathroom and a single bedroom. A new separate access to the east elevation is proposed, with a new first floor door and a pedestrian bridge linking to the driveway area to the east of the main dwelling.
• 6.4.2 The site is designated as predominately residential use and therefore a presumption in favour of such development. Furthermore, under the Permitted Development the owner of the property could rent up to three bedrooms (B&B purposes) and therefore arguable the proposal taking up two existing bedrooms to create a single one be tourist unit would have less of an impact in terms of general comings and goings from the site and parking requirements. The site is also within the settlement of Laxey which has a number of tourist attractions and close to shops and other transport services. It is consider an ideal location for tourist accommodation. There is sufficient off street parking on the site to meet the demands of the dwelling and the single tourist unit.

- 7.0 CONCLUSION

7.1 Overall, the proposed works are acceptable in terms of their design to an existing residential property and as such has no significant impacts upon public or private amenities and preserving the character and quality of the Conservation Area and therefore complies with the relevant planning policies outlined and Section 18(4) of the Town and Country Planning Act

(1999) and General Policy 2 and Environmental Policy 35 of the IOM Strategic Plan 2016.

7.2 The application is recommend for an approval. - 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.

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: 22.10.2025 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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