DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/01404/B Applicant: Mr Julian Wood Proposal: Erection of a dwelling to replace former dwelling, Ballatiki Site Address: Ballatiki Shore Road Ballaugh Isle Of Man IM7 5AZ Planning Officer: Mr Toby Cowell Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 23.01.2023

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. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including all hardsurfacing, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.
• C 3. The visibility splay(s) identified on drwg. no. 03 shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1050 mm in height above adjoining carriageway level. Reason: In the interests of highway safety.
• C 4. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling, and no garages or other free standing buildings shall be erected within the curtilage of the dwelling hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Likewise,

Reason: To control development in the interests of the amenities of the surrounding area. This application has been recommended for approval for the following reason.

The proposed development is considered to be acceptable in principle by providing a modern dwelling of a high standard of design, which would successfully assimilate into the wider streetscene without detriment to the character of the wider streetscene or landscape setting. The proposals comprise a more efficient use of the site than the previous dwelling in situ, whilst amounting to an environmental improvement through the use of modern buildings techniques, solar panels and an air source heat pump.

The development is considered to be provide suitable accommodation for future occupants, without detriment to the amenities of surrounding properties or giving rise to an adverse impact upon highway safety. The proposals are therefore deemed compliant with General Policies 2 and 3, Environment Policies 1 and 2, and Housing Policy 14 of the Strategic Plan.

Plans/Drawings/Information; This approval relates to the following drawings and documents referenced; 01, 02, 03, 04 and Planning Statement, all received 16.11.22. _______________________________________________________________

Interested Person Status

Additional Persons

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:

Department of Infrastructure Highways Drainage

It is recommended that the following should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings:

Sunsets, Shore Road, Ballaugh

as they have explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy.

It is further recommended that the following should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

Ballakinnag Cottage, Ballakinnag Road, Smeale, Ramsey Shee, Shore Road, Ballaugh The Gables, Shore Road, Ballaugh Aalid Feie, Shore Road, Ballaugh Thie Ollee, Bollyn Road, Ballaugh Far Horizon, Shore Road, Ballaugh Ballacanadia, Shore Road, Ballaugh Clearview, Shore Road, Ballaugh The Old School, Shore Road, Ballaugh Reflections, Shore Road, Ballaugh Dunlins, Shore Road, Ballaugh 69 Victoria Terrace, Bedlington, Northumbria, UK

as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. _____________________________________________________________________________

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO NON-COMPLIANCE WITH THE DEVELOPMENT PLAN AND PREVIOUS PLANNING HISTORY OF MATERIAL RELEVANCE TO THE DEVELOPMENT

1.0 THE SITE - 1.1 The application site comprised until recently the residential curtilage of Ballatiki which was a single storey detached dwelling (demolished in 2021) located on the north-eastern side of Shore Road and northwest of The Cronk. Shore Road consists of a variety of dwellings to its eastern side. The Shore Road is a dead end leading to Ballaugh Beach. - 1.2 The neighbouring property of Ballakinnag House to the east of the application site, which is a two storey detached dwelling, is within the same ownership. A large garage/workshop has been constructed in the north-eastern corner of the former curtilage in accordance with a previous grant of planning permission.

2.0 THE PROPOSAL - 2.1 Planning permission is sought for the erection of a single detached 1.5 storey dwellinghouse comprising a total of 4 bedrooms within the curtilage occupied by the former dwelling of Ballatiki. The dwelling would effectively be 'dog-legged' as it runs adjacent to the site's north-western flank boundary and turns the corner to mirror the shape of the plot adjacent to the residential curtilage associated with the neighbouring property of 'Sunsets'. - 2.2 The dwelling would include a conventional dual-pitched roof with a moderate overhang on the south-western elevation closest to the streetscene, with first-floor accommodation primarily facilitated through a series of rooflights. A small dual-pitched gable is noted on the north-western elevation above the eaves with a reduced ridge height relative to the principle roof, and would include a small window serving an upper floor bedroom. A small balcony is also shown on the south-western elevation overlooking the streetscene enclosed by glass balustrades. - 2.3 The property would be finished in natural stone for the exterior at ground-floor level, slate grey coloured woodgrain cladding for each gable end within the apex and anthracite coloured standing seam roofing from Catnic. - 2.4 The existing vehicular access to the site would be retained and include the installation of a new drainage channel adjacent to the highway to collect any surface water run-off, with a parking area for vehicles directly behind adjacent to the dwelling's south-western elevation. An additional vehicular access will also be constructed leading to the garage/workshop in the site's north-east corner and run parallel to the flank elevation of Ballakinnag House. This access has already been granted planning permission in connection with PA20/00648/B for the garage/workshop. - 2.5 The resultant site layout includes a turning head between the garage/workshop and north-eastern elevation of the proposed dwelling, with the remainder of the site to be laid to lawn. Furthermore, 2 no. soakaways are shown on the proposed site layout plan, one within the parking area and the other within the grassed area between the dwelling and the consented access leading to the garage/workshop. The latter soakaway would manage surface water run-off from the aforementioned access, with a new septic tank to be installed on site in a located to be agreed with Building Control should planning permission be forthcoming.

3.0 PLANNING HISTORY - 3.1 A number of planning applications are associated with this site and neighbouring site (Ballakinnag House); however, only the following applications are considered relevant in the determination of the application; - 3.2 A previous planning application PA20/00648/B and the subsequent Minor Changes application PA21/00193/MCH were granted for the "erection of detached garage/workshop with associated driveway and new vehicular access" and "Minor Changes application to PA20/00648/B involving relocation of approved garage (retrospective)." - 3.3 It should be noted that between June and September 2021 the dwelling on the application site (Ballatiki) was demolished and the site was cleared. On this matter the applicants had stated:

"1.4 Ballatiki was demolished between June and September, 2021 in accordance with 21/00011/BCD and the site is essentially part of the curtilage of Ballakinnag House (see below for the most recent application on the site for the replacement of Ballatiki with a summer house). Planning approval was granted for the garage/shed under 20/00648/B but this did not necessitate the demolition of Ballatiki. The dwelling was demolished on the basis that the application for the proposed outbuilding showed the access to the new building very close to the side of Ballatiki which required a landscaping scheme to protect the living conditions of both properties from the impacts of the use of the driveway. A re-built, repositioned dwelling could provide better levels of amenity for both its occupants and those in Ballakinnag House.

1.5 It was the applicant's intention to upgrade Ballatiki to modern standards of thermal and energy efficient however, on looking into this more closely, it appeared that to do that, it would be beneficial economically, visually and energy wise, to replace the bungalow rather than refurbish it. The applicant then considered replacing the bungalow with a summer house/garden room which was the subject of 21/00712/B. This application was withdrawn before it was determined after the applicant changed his mind and decided that the best arrangement for their family was to redevelop Ballatiki as a dwelling in which his son could live on moving back to the Island. The dwelling, Ballatiki was demolished in anticipation of either its replacement with a new dwelling or its replacement with the summer house. The applicant was not aware of the planning implications of removing the dwelling before gaining planning approval for a replacement dwelling."

3.4 Subsequent to the grant of planning permission for the garage/workshop, approval in principle was sought for the erection of a new dwelling to replace the former property of Balltiki under PA21/01234/A. Permission was granted at planning committee on the basis that, whilst the previous dwelling had been demolished, its demolition had been very recent and done without knowledge of the potential planning implications should the applicants sought to erect a new dwelling in its place. Furthermore, the case officer for the previous application noted that the site had accommodated a dwelling for a number of decades with its existing access and curtilage still in place. It was therefore considered, from a reasonable and rational standpoint, to accept that the principle of development was established. - 3.5 The permission was however subject to a number of conditions, the following of which are considered to be of particular relevance in the determination of the present application: "C 4. The new dwelling shall be:

• - the same as the previous dwelling (Ballatiki) in terms of siting, size and footprint, unless changes of siting or size would result in an overall environmental improvement;
• - not more than 50% of greater than the floor area of the previous dwelling (Ballatiki) (floor areas should be measured externally and should not include attic space or outbuildings); and

• - designed to either be in accordance with Policies 2- 7 of Planning Circular 3/91 or of an innovative, modern design which is of high quality and does not result in adverse visual impact.

Reason: In the interest of the visual amenities of the area and as any new/replacement dwelling on land not designated for development is required to comply with Housing Policy 14.

• C 5. The dwelling hereby approved shall be no taller than 1.5 storey in height as set out in the e-mail of 21.01.22. Reason: In the interest of the visual amenities of the area."

3.6 In light of the above requirements, it is understood that the present application the subject of this report has been submitted on the basis of requiring 'full planning permission', as opposed to a corresponding 'reserved matters' application, due to its non-conformity with the above referenced condition 4. Specifically, the proposed dwelling would comprise a total floor area of 365sqm, which represents an increase of 86% over and above the floor area of the previous dwelling which stood at 196sqm. Likewise, the new dwelling would not be sited in the same position as the previous property in order to maximise the optimum location of solar panels to generate thermal energy.

4.0 PLANNING POLICY - 4.1 The application site is identified in the 1982 Development Plan as 'white land' within the countryside that is not zoned for development. The site is not within a Conservation Area but falls within an Area of High Landscape Value - 4.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application; Strategic Policy

• 1 Efficient use of land and resources
• 2 Priority for new development to identified towns and villages
• 3 To respect the character of our towns and villages 5 Design and visual impact

• 11 Housing needs

Spatial Policy 5 Development only in countryside in accordance with General Policy 3

General Policy

• 2 General Development Considerations
• 3 Exceptions to development in the countryside Environment Policy

• 1 Protection of the countryside
• 2 Protection of Areas of High Landscape Value

Housing Policy

• 4 Exceptions to allowing new housing in the countryside

• 12 Replacement dwellings in the countryside 14 Siting, size and design of replacement dwellings in the countryside

Transport Policy

• 4 Highways safety

• 7 Parking provision Infrastructure Policy

• 5 Water conservation and management

Community Policy 7 Designing out criminal and anti-social behaviour 11 Prevention for the outbreak and spread of fire

4.5 Residential Design Guide (2021) This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction. - 5.0 REPRESENTATIONS (this report only contains summaries- full details can be read online)

5.1 Ballaugh Parish Commissioners - no comments received at the time of writing. - 5.2 Highways Services - consider the proposals to have no significant negative impact upon highway safety, network functionality and /or parking (25.11.22) - 5.3 Highways Drainage - Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. The applicant must demonstrate compliance with the above conditions (18.11.22) - 5.4 Environmental Protection Officer - request the following information be confirmed by the applicant;

• - Foul infrastructure including discharge method for the effluent.
• - Sewage treatment works or septic tank. Soak-away or discharge to a watercourse/drainage ditch

5.5 A total of 13 letters of representation have been received. 5 of the representations received either object to the scheme or raise concerns to the proposals, with a summary of their comments as follows:

• - Design of the dwelling is out of character with existing properties;
• - Scale and siting of building significantly different to the original dwelling;
• - Development belongs in an urban environment and not a countryside location;
• - Addition of extra storey will result in overlooking and loss of privacy to neighbouring properties;
• - Unclear as to why applicant has made a new application and not approval of reserved matters;
• - Questionable whether this is the correct course of action as proposals appear to be approval of reserved matters;
• - Previous dwelling has been demolished and the site has lost its residential use;
• - Proposed dwelling considerably larger than previous property and greater than 50% larger in floor area;
• - Development would result in loss of light to front garden and patio area to adjacent property;
• - Impact upon outward views to the east enjoyed by neighbouring property;
• - Impact on privacy of adjacent property and direct view from upper floor window into sitting room and family room of adjacent property;
• - Further overlooking from balcony on south-west elevation
• - Potential impact on highway safety from re-siting of vehicular access and limited line of site for vehicles travelling to/from the beach.

A further 8 letters of representation received support the proposals, with a summary of their comments as follows:

• - Previous dwelling was structurally unsafe and would welcome a new character bungalow in its place;
• - Access is pre-existing and will be no more of a risk than those serving other dwellings within Shore Road;
• - Proposed dwelling will improve the area in general and much better than previous old unsafe bungalow;
• - Development would be a means of sustaining applicant's long-term committee to the area;
• - There has never been an issue with cars with people generally respecting the residential nature of the road and the speed limit;
• - All windows on side elevation at ground floor would be mitigated by existing fence, with all upper floor windows taking the form of rooflights. The single non-ensuite window at first floor would be sited greater than the 20m distance required in relation to overlooking, whilst not looking directly onto any neighbouring property;
• - Development uses an exciting mix of traditional blended with modern materials that will tied traditional properties in the area with modern examples;
• - Footprint is not disproportionate to previous property nor other properties in the area.

- 6.0 ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are as follows:

• - Principle of development (SP5, GD3, HP12)
• - Design and visual impact (SP5, GP2, EP1, 2, HP14)
• - Residential amenity (GP2, g, h)
• - Highway safety and parking (TP4, 7)
• - Other matters (RDG, CP7, 11 and IP5)

- 6.2 PRINCIPLE

• 6.2.1 The site falls within the open countryside and an area not zoned for development within the 1982 Development Plan. There is a general presumption again development in the countryside with development to be focussed towards defined settlements in accordance with Spatial Policy 5. Development will only be permitted in the countryside in accordance with the exceptions outlined in General Policy 3, one of which includes 'the replacement of existing rural dwellings'.
• 6.2.2 Environment Policy 1 advises that the countryside will be protected for its own sake, and development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms. Environment Policy 2 adds that when considering development in Areas of High Landscape Value (AHLV's), the protection of the character of the landscape will be the most important consideration, unless it can be shown that the development would not harm the character and quality of the landscape, or the location for the development is essential.
• 6.2.3 The proposals relate to the erection of a dwelling within the curtilage of the former dwelling of Ballatiki, which was demolished in 2021. Given the dwelling has already been demolished, the proposals do not amount to the erection of a replacement dwelling and therefore technically constitute a new dwelling in the countryside.
• 6.2.4 That being said, it was recognised by the case officer for the previous 'approval in principle' application that the property had only recently been demolished, and without an understanding by the applicants over the potential planning implications. Furthermore, the site still benefitted from a retained vehicular access with evidence of the recent residential use in site still in place. It was therefore considered reasonable to consider the proposals on the basis that they would in effect amount to a replacement dwelling, with the principle of development considered acceptable by the case officer and subsequently ratified by the planning committee.

• 6.2.5 Whilst the current proposals are not a 'reserved matters' application, the principle of development has been firmly established through the previous grant of planning permission in principle, which still remains live. The principle of development therefore remains acceptable in the context of the current application, subject to further consideration in relation to design, visual impact and impact of the development upon the amenities of surrounding properties.

- 6.3 DESIGN AND VISUAL IMPACT

• 6.3.1 The proposed dwelling, in terms of its design, built vernacular and materials palette, would not amount to a 'traditional styled' dwelling in accordance with the principles set out in Planning Circular 3/91. Indeed, the design is considered to amount to a modern take upon traditional built vernacular through the use of an uncomplicated roof form and natural stone for much of the exterior, together with a series of solar panels on the south-east facing roofslope.
• 6.3.2 Whilst there is a clear preference for replacement dwellings in the countryside to consist of a more traditional form in line with the principles of Planning Circular 3/91, Housing Policy 14 does make provision for buildings of an innovative, modern design where this would be of high quality and not result in an adverse visual impact. Indeed, further allowance for a modern design approach was stipulated in condition 4 of the 'approval of principle'.
• 6.3.3 The dwelling previously in situ was noted to have been of a poor form and design, and indeed had been condemned from an electrical standpoint in 2019. The new dwelling as proposed is considered to amount to a far greater quality of design, whilst not resulting in an adverse visual impact upon the wider streetscene, or indeed appearing intrusive within the wider landscape setting to the south-west.
• 6.3.4 It is recognised that the dwelling would not occupy the same or similar footprint to the previous dwelling on site, as typically required by Housing Policy 14. This policy does however make an allowance for a change in siting and size where such proposals would result in an environmental improvement. The previous dwelling on site was clearly not a property which boasted strong energy efficiency credential, with the current proposals incorporating a series of solar panels in the optimum location for thermal energy generation, together with an air source hear pump at the rear elevation of the property. The current proposals are considered to amount to a significant environmental improvement relative to the previous property on site. Moreover, the front (south-western) elevation of the property closest to the streetscene would be set in line with the adjacent property of Ballakinnag House, whilst affording a greater separation distance to the adjacent property than was evident in the case of the previous dwelling in situ; thereby improving the amenities of both resultant properties.
• 6.3.5 Turning to the issue of floor area, whilst it is recognised that the proposals would amount to an uplift in excess of 50% as required by Housing Policy 14 in relation to replacement dwellings in the countryside, this policy does make an allowance for larger properties where 'this involves the replacement of an existing dwelling of poor form with one of more traditional character, or where, by its design or siting, there would be less visual impact.'
• 6.3.6 The current proposals, whilst not of a traditional style, are considered to amount to a significant visual improvement relative to the previous dwelling in situ which was of poor form and construction. Whilst the proposed dwelling would clearly appear more prominent in the context of the streetscene due to its siting and scale, the high standard of design and modern interpretation of traditional vernacular ensures the resultant dwelling would make a positive contribution to the visual amenities of the immediate streetscene. In particular, the development would add a greater degree of visual interest to compliment the adjacent (and more traditionally styled) property of Ballakinnag House, whilst ensuring greater continuity in terms of a more established front building line and relationship with the streetscene.

• 6.3.7 In light of the above, the proposed uplift in floor area in excess of 50%, together with a change in the property's siting relative to the previous dwelling, is considered to be acceptable in this instance by virtue of the property's high standard of design, positive visual impact and engagement with the immediate streetscene, together with its strong eco-credentials and thus an environmental improvement relative to the previous dwelling. The proposals are therefore considered to be acceptable from a design and visual impact perspective, in accordance with General Policy 2 (b) & (c), Environment Policies 1 and 2, and Housing Policy 14 of the Strategic Plan 2016.

- 6.4 RESIDENTIAL AMENITY

• 6.4.1 The proposed development would likely have the greatest potential material impact upon the amenities of the adjacent property of 'Sunsets' to the immediate north; a bungalow comprising a substantial footprint within a generous plot.
• 6.4.2 The proposed dwelling is noted as being sited within close proximity to the site's northwestern and north-eastern boundaries. It is noted that new 1.8m high close boarded timber fencing has been erected along the aforementioned boundary, which would prevent outward views from ground-floor windows proposed in the north-west and north elevations of the proposed dwelling. Likewise, all upper floor windows beside one would consists of rooflights.
• 6.4.3 The single upper floor window with a direct view of the closest habitable window of 'Sunsets' would serve a bedroom, as opposed to a principle habitable room (i.e. lounge/family room) which would be occupied more frequently during the daytime. In any case, the separation distance between the window and the aforementioned rooms within the adjacent property would be approximately 21m. The Residential Design Guide (2021) advises that should the distance between habitable windows be in excess of 20m, then the issue of overlooking is unlikely to be a concern. The proposed relationship is therefore considered to be acceptable, without a severely detrimental impact upon privacy.
• 6.4.4 Noting comments received in relation to the balcony, this would be entirely enclosed within the roof overhang either side, with direct outward views only possible of the road itself and the wider landscape further west. This element of the proposals would therefore not give rise to any overlooking issues.
• 6.4.5 With respect to the impact of the development upon light levels and overshadowing, it is considered that the proposed separation distance as described above would be sufficient to ensure that any impact would not be significantly adverse or to such an extent that should warrant the refusal of planning permission. Indeed, given the juxtaposition of the proposed dwelling in relation to the adjacent property, it is probable that only the southern portion of the parking area serving the property would be the most affected by additional overshadowing caused as a result of the development, with the outdoor seating area to the front sited a sufficient distance away to not be materially affected. Likewise, light levels entering into the closest habitable window in the southern elevation of the principle section of 'Sunsets' are unlikely to be demonstrably impeded, with the proposals therefore considered acceptable in this regard.
• 6.4.6 Issues relating to potential loss of outward views to the wider landscape are not a materially panning considered, and in any case are already realistically impeded by the presence of boundary fencing. Outward views to the west would not be affected.
• 6.4.7 Turning to the neighbouring property of 'Reflections' further north, this particular property is sited in excess of 50m from the application site with the adjacent property of 'Sunsets' providing an intervening presence. It is therefore not considered that the proposals would result in any material impact upon the amenities of this property.

• 6.4.8 Due to retained separation distance, the absence of upper floor windows and the proposed fencing to be constructed between both plots, no concerns are raised over the impact of the development upon the amenities of the adjacent property of Ballakinnag House. Given the above, the proposals are considered to be acceptable from a residential amenity standpoint, in compliance with General Policy 2 (g).

- 6.6 HIGHWAYS SAFETY AND PARKING

• 6.6.1 No objections have been raised by Highways Services over the current application, with no substantive changes proposed to the existing site access aside from the installation of a drainage channel. The additional access shown would principally serve the existing garage/workshop in the site's north-eastern corner, and has already been granted planning permission in any case. Sufficient space would also be evident within the site for in excess of 2 vehicles, in accordance with the adopted parking standards. The proposals are therefore compliant with Transport Policies 4 and 7. The proposals are therefore compliant with General Policy 2 (g) and (h).

6.7 OTHER MATTERS

• 6.7.1 No concerns are raised in relation to the design and layout from the perspective of criminal activity or the spread of fire. Whilst the development relates to the creation of a new dwelling at the site, it is not expected that the water usage associated with the development will be significant, and note that likely occupancy of the dwelling would be comparable to the previous dwelling in situ. With respect to drainage, it has been indicated that surface water run-off would be managed via soakaways and drainage channels, preventing any run-off onto the highway. Likewise, foul sewerage is noted on the application form as being disposed of via a septic tank, further details of which would be secured through the Building Regulations process in consultation with Building Control.

- 7.0 CONCLUSION

7.1 The proposed development is considered to be acceptable in principle by providing a modern dwelling of a high standard of design, which would successfully assimilate into the wider streetscene without detriment to the character of the wider streetscene or landscape setting. The proposals comprise a more efficient use of the site than the previous dwelling in situ, whilst amounting to an environmental improvement through the use of modern buildings techniques, solar panels and an air source heat pump.

7.2 The development is considered to be provide suitable accommodation for future occupants, without detriment to the amenities of surrounding properties or giving rise to an adverse impact upon highway safety. The proposals are therefore deemed compliant with General Policies 2 and 3, Environment Policies 1 and 2, and Housing Policy 14 of the Strategic Plan, and 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 above who should be given Interested Person Status

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Committee Meeting Date: 30.01.2023

Signed : T COWELL Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.