Officer Report

Application No.: 25/90967/B Applicant: Mr Michael Watterson Proposal: Conversion of a car port to a garage including installation of a garage door to the front elevation and erection of a wall incorporating a window/door to the rear elevation Site Address: Amnis De Russyn Phildraw Road Ballasalla Isle Of Man IM9 3DU Principal Planner: Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 03.12.2025 _________________________________________________________________

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.

N 1. The applicants are recommended to consider the FLOOD RISK ASSESSMENT GUIDANCE - DOI give the site is within a low risk from flooding and consider the possible mitigation measures when undertaking the proposal.

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

Overall, the propsoals would have no significant impacts to residential amenities nor public amenities to warrant a refusal. It is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan 2016; the Residential Design Guide 2021 and Section 18(4) of the Town and Country Planning Act (1999).

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 30.10.2025.

_________________________________________________________________ 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/no comments received

_________________________________________________________________ Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of Amnis De Russyn, Phildraw Road, Ballasalla a single storey detached dwelling located on the south-western side of Phildraw Road. - 1.2 The property has a vehicular access off Phildraw Road to a large driveway which front the property. This driveway includes turning facilities and sufficient parking for a number of vehicles (more than 2).

2.0 PLANNING POLICIES - 2.1 The application site is located within an area identified as being Predominantly Residential on the Area Plan for the South, and the site is within a Conservation Area. The site is not within a flood risks area. As such, the following parts of the Strategic Plan are relevant: - 2.2 General Policy 2 of the Strategic Plan is considered applicable, which 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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (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;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (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;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

2.3 Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.

• The current standards are set out in Appendix 7.
• 2.4 Environment Policy 13 states: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted."
• 2.5 Environment Policy 35: Within Conservation Areas, the Department will permit only development which 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.
• 2.6 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".
• 2.7 Residential Design Guide 2021.

3.0 PLANNING HISTORY - 3.1 The following planning application is considered relevant in the assessment and determination of this application; - 3.2 Installation of bi-fold door to the rear, replacing existing windows and door 22/00108/B - APPROVED

4.0 PROPOSAL - 4.1 Planning approval is sought for the conversion of a car port to a garage including installation of a garage door to the front elevation and erection of a wall incorporating a window/door to the rear elevation.

5.0 REPRESENTATIONS - 5.1 Malew Commissioners have no objection (06.11.2025). - 5.2 Flood Management Division comment (05.11.2025); "DEFER The proposed property is within a low risk flood zone and as such requires a Flood Risk Assessment (FRA). I have attached a copy of the Flood Risk Assessment Guidance document (SEE DOCUMENT LOG - FLOOD RISK ASSESSMENT GUIDANCE. The FRA should show the extent of the flood levels (see the Flood Risk Viewer) and what mitigation measures will be employed."

6.0 ASSESSMENT - 6.1 The key issues relate to the application are; conservation area statutory test; potential visual impact upon the street scene/Conservation Area and potential impacts upon parking provisions. 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 2.5 of this assessment on whether the proposal would preserve or enhance the Conservation Area.
• 6.2.2 The main changes relates to the installation of a garage door replacing and existing steel gate and installation of a rear wall to rear elevation of the dwelling. In terms of design, size, height, finishes and overall appearance, it is considered the proposed works would be an appropriate in this location, fitting with the existing property (which is more modern in appearance) and the character and quality of the Conservation Area. The works to the front and rear elevations are not especially publicly apparent given the mature landscaping which front the site. However, what is proposed is not an uncommon feature to a domestic property. 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).

POTENTIAL IMPACTS UPON THE VISUAL AMENITIES OF THE STREET SCENE/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 proposals, 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. POTENTIAL IMPACTS UPON PARKING PROVISIONS

• 6.4.1 The proposal would have no impact upon on-site parking within the site. Highway Services have raised no objection which is a significant material consideration. The proposal would comply with General Policy 2 and Transport Policy 7. OTHER MATTER
• 6.5.1 The FMD have sought a deferral given the site is in a low flood risk zone and a Flood Risk Assessment is required. However, in this case give the very minor alterations proposed, it is considered in this case an informative note should be attached which outlined mitigation measures the applicant should consider in relation to the converted car port to a garage. It is not considered the works would have any significant impacts upon on or off-site flooding.

7.0 CONCLUSION - 7.1 Overall, the proposals would have no significant impacts to residential amenities nor public amenities to warrant a refusal. It is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan 2016; the Residential Design Guide 2021 and Section 18(4) of the Town and Country Planning Act (1999) and therefore it is recommended that the application be approved.

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:

• 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 : Permitted Date: 03.12.2025 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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