Planning Committee Agenda

DEPARTMENT OF ENVIRONMENT FOOD AND AGRICULTURE

TOWN AND COUNTRY PLANNING ACT 1999 TOWN AND COUNTRY (DEVELOPMENT PROCEDURE) (No2) ORDER 2013 TOWN AND COUNTRY (DEVELOPMENT PROCEDURE) ORDER 2019

Agenda for a meeting of the Planning Committee, 14th June 2021, 10.00am, in the Ground Floor Meeting Room of Murray House, Mount Havelock, Douglas

1. Introduction by the Chairman

2. Apologies for absence

3. Minutes To give consideration to the minutes of a meeting of the Planning Committee held on the 24th May 2021.

4. Any matters arising

5. To consider and determine Planning Applications Schedule attached as Appendix One.

6. Site Visits To agree dates for site visits if necessary.

7. Section 13 Agreements To note those applications where Section 13 Agreements have been concluded in the period 18th May 2021 to 7th June 2021.

8. Any other business

9. Next meeting of the Planning Committee Set for 28th June 2021.

Appendix One PLANNING COMMITTEE Meeting, 14th June 2021 Schedule of planning applications

Item 5.1 Alterations, replacement of garage door 2 Sprucewood View Foxdale Isle Of Man IM4 with a window, erection of a first floor 3HA extension and side single extension to provide replacement garage and utility PA21/00094/B Recommendation : Permitted

Item 5.2 Conversion of existing detached garage as 10 Banks Howe Onchan Isle Of Man IM3 2ET hairdressers/salon

PA21/00403/C Recommendation : Permitted

Item 5.3 Alterations, extension and dormer Lhingague Surby Road Surby Port Erin Isle Of extension to rear, increase in chimney Man IM9 6TB height, bi fold doors to front elevation and rear window amendments PA21/00240/B Recommendation : Permitted

Item 5.4 Erection of 12 temporary timber beach Port Erin Beach Shore Road Port Erin Isle Of huts to be used between 28th March to Man 31st October annually

PA21/00417/B Recommendation : Permitted

Item 5.5 Erection of an agricultural building Loughan Farm Jurby East Isle Of Man IM7 3EZ

PA21/00274/B Recommendation : Permitted

Item 5.6 Change of use of upper floor of stables Ballayonaigue Farm Lambhill Bride Isle Of into residential with additional tourist Man IM7 4BL accommodation

PA21/00330/C Recommendation : Permitted

Item 5.7 Erection of a two horse timber stable with Rheast Cottage Smeale Ramsey Isle Of Man feed/tack storage IM7 3EE

PA21/00402/B Recommendation : Permitted

Item 5.8 Erection of a replacement double garage Old Reservoir House Little Mill Road Onchan Isle Of Man IM4 5BD

PA21/00354/B Recommendation : Permitted

Item 5.9 Proposed walled garden, relocation of The Meadows Port E Chee Tromode Douglas existing greenhouse and gardener's shed Isle Of Man IM2 5PD and extension to shed.

PA21/00280/B Recommendation : Permitted

Item 5.10 Conversion of post office to dwelling and 4 Brunswick Road Douglas Isle Of Man IM2 alteration of existing shopfront to 3LL windows

PA21/00261/B Recommendation : Permitted

PLANNING AUTHORITY AGENDA FOR 14th June 2021

Item 5.1 Proposal : Alterations, replacement of garage door with a window, erection of a first floor extension and side single extension to provide replacement garage and utility Site Address : 2 Sprucewood View Foxdale Isle Of Man IM4 3HA Applicant : Mr Steven & Mrs Mary Craven Application No. : 21/00094/B- click to view Principal Planner : Mr Chris Balmer

RECOMMENDATION: To APPROVE the application ______

Recommended Conditions and Notes for Approval C : Conditions for approval N : Notes (if any) attached to the 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. Obscure glazing (Pilkington level 5 or equivalent) shall be installed in the following windows and shall be maintained as such thereafter;

North East Elevation - first floor Ensuite and dressing rooms

Reason: In the interests of neighbouring residential amenities.

Reason for approval: It is concluded that the planning application is in accordance with aforementioned General Policies of the Isle of Man Strategic Plan 2016 and Residential Design Guide 2019 having no significant impacts upon public or private amenities. ______

Interested Person Status – Additional Persons

It is recommended that the following persons 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 a subsequent proceedings and are not mentioned in Article 4(2):

9 Kionslieu Terrace, Foxdale 8 Kionslieu Terrace, Foxdale 7 Kionslieu Terrace, Foxdale Holly Cottage , Kionslieu Hill, Foxdale as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2020). ______4

Planning Officer’s Report

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE GIVEN THE LEVEL OF OBJECTIONS RECEIVED AND WHO ARE RECOMMENDED FOR INTERESTED PERSON STATUS

1.0 THE SITE 1.1 The application site is the curtilage of 2 Sprucewood View, Foxdale which is a two storey detached dwelling with an attached single storey garage. The proposal is located to the north eastern side of Sprucewood View within the Village of Foxdale.

2.0 THE PROPOSAL 2.1 The application seeks approval for the alterations, replacement of garage door with a window, erection of a first floor extension and side single extension to provide for a replacement garage and utility room.

3.0 PLANNING HISTORY 3.1 There are no previous planning applications which are considered to be specifically material in the assessment of the current application.

4.0 DEVELOPMENT PLAN POLICIES 4.1 The application site is within an area zoned as "Predominantly Residential" identified on the Foxdale Local Plan Order 1999. The site is not within a Conservation Area.

4.2 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: 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.

4.3 Residential Design Guide (July 2019).

5.0 CONSULTATIONS 5.1 Patrick Commissioners raise no objection (12.03.2021).

5.2 Highway Services (DOI) make the following comments (23.02.2021): "After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and /or parking with two open parking spaces retained to meet the Strategic Plan requirements for two car parking spaces. The garage space is smaller than recommended, but suitable for storage of bicycles and other spaces."

5.3 The Flood Management Division (DOI) comment there is "No Flood Risk Management interest" (22.02.2021).

5.4 The owner/occupier of 8 Kionslieu Terrace, Foxdale have objected to the application on the following grounds (13.02.2021 & 15.02.2021):

"Unfortunately this property is directly in front of ours. We note that any first floor erection would completely block our view and in turn would likely result in a devaluation of our property. Whilst we appreciate any ground floor alterations would be in keeping with the houses surrounding, with all due respect, we strongly oppose a first floor erection." Further they have concerns of loss of light to their property; loss of existing views impacting their residential amenities, overshadowing to their garden; loss of privacy due to additional windows; and the proposal would be the largest in the area and would result in the property being out of scale in comparison to the existing properties in the vicinity.

5.5 The owner/occupier of 9 Kionslieu Terrace, Foxdale have objected to the application on the following grounds (13.02.2021):

"I live in the house directly behind. I appreciate that the ground floor alterations will be in keeping with the other surroundings. However, I deeply oppose the first floor erection, it will completely block my view which is one of the main reasons I bought my house - as I love the view to the plantation that I have. It will block natural light into my property. This will erection will add value to their house but in turn will devalue my house. This will also be another section of their house overlooking into my garden which in turn takes away my privacy."

5.6 The owner/occupier of 7 Kionslieu Terrace, Foxdale have objected to the application on the following grounds (17.02.2021): "We live behind the property in question and strongly object to the proposed planning development. We feel that the plans submitted are not in keeping with the surrounding area it would have a visual impairment on the view leaving both estates to oncoming traffic in both directions and for pedestrians.

Privacy to our home and surrounding homes would be affected as would the views and natural light which currently flood the back of the properties in the Kionsliue area.

Unfortunately we feel that this application is not befitting and would impact on many residents within the area and feel that they may gain in adding to an already large property but others would greatly suffer in many different ways."

5.7 The owner/occupier of Holly Cottage , Kionslieu Hill, Foxdale have objected to the application on the following grounds (03.03.2021): "We strongly recommend this application is rejected for the following reasons which we consider to be material consideration.

The proposed first ground and first floor extension will result in our property being overlooked and provide a clear, direct and unobstructed line of sight to our living areas, bedrooms and garden, which will in turn significantly impact and compromise our privacy.

We already have landscaping in place to improve our privacy, but the granting of this application would fully expose our living areas, bedrooms and garden, resulting in a complete lack of privacy."

6.0 ASSESSMENT 6.1 The main issues to consider in the assessment of the application are the potential impacts upon the character and appearance of the street scene, the potential impacts upon the neighbouring properties, and parking provision.

Potential impacts upon the character and appearance of the street scene 6.2 The proposed extensions in terms of its proportion, form, scale and design are in keeping with the property. Accordingly it is considered to be an acceptable form of development in this respect. While it may become one of the largest properties in the estate, this is not necessary a reason to refuse. Every application is judged on its own merits and what is acceptable on one site may not be acceptable in another. In this case the dwellings is also within one of the largest plots, therefore it is not unreasonable to expect it to also be one of the largest dwellings. As mentioned in terms of the scale proportion, form, scale and design the proposals are considered to fit well with the existing property and also the street scene. Therefore comply with general Policy 2 and the Residential Design Guide.

Potential impacts upon the neighbouring properties 6.3 Arguably this is the main issue with the application. Firstly it should be noted that loss of a view or the de-valuation of a property, while understandable concerns are not material planning considerations which can be taken into account. The issues that can be taken into account is the overbearing impact upon the outlooks of a property, loss of light and/or overlooking resulting in a loss of privacy. All these issues are outlined in more detail in the Residential Design Guide.

6.4 The properties most likely to be affected by the development are Nrs 8 & 9 Kionslieu Terrace which are located to the north-east of the proposed extensions. It is considered the ground floor garage extension raise no concerns - its size, height and distance from the neighbouring properties would not result in and significant impacts to warrant a refusal.

6.5 The main impact relates to the proposed first floor extension above the existing garage which is to be converted into additional living accommodation. The works will have an impact (any development would); however, the test is whether the works have such a significant adverse impact to warrant a refusal.

6.6 In relation to the distance the first floor extension would be to neighbouring properties, the closest would be Nr 8 which would be approximately 20+ metres away. Nr 9 would be located approximately 21.5m away.

6.7 In terms of overlooking, there would be an increased level of overlooking introduced given the two first floor windows. However, these serve an en-suite and what appears to be a small dressing room. A condition to obscure glaze both these windows could be attached which would prevent any overlooking (applicants happy with such condition). It is important to note also that the windows would be more than 20m from any neighbouring window and that views would not be directly facing, but rather angled views. Finally, the windows do not serve primary habitable rooms (i.e. living rooms) but rather non-habitable rooms. Accordingly, for these reason it is not considered the introduction of these two windows would give raise to a significant impact through overlooking. It is also acknowledged that there is already a level of mutual overlooking towards all the properties in the surrounding area which back onto each other.

6.8 In terms of loss of light, it is noted the ground level of Nr 8 & 9 is above that of the application site given the topography of the area (area is on a hillside). Further, the distance 7 the first floor extension would be from the neighbouring properties and the size of the extension is such that it is not considered there would be any significant loss of direct sunlight (suns orientation east to west).

6.9 Again for similar reasons stated above (par 6.9), in terms of the overbearing impact upon outlooks upon these neighbouring properties and others which are further away, it is considered the distance of the extension from the neighbouring properties and the size of the first floor extension would not have an adverse impact to warrant a refusal.

7.0 CONCLUSION 7.1 Overall, it is concluded that the planning application is in accordance with aforementioned General Policies of the Isle of Man Strategic Plan 2016 and Residential Design Guide 2019 having no significant impacts upon public or private amenities 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 above who should be given Interested Person Status.

PLANNING AUTHORITY AGENDA FOR 14th June 2021

Item 5.2 Proposal : Conversion of existing detached garage as hairdressers/salon Site Address : 10 Banks Howe Onchan Isle Of Man IM3 2ET Applicant : Mr James McCance Application No. : 21/00403/C- click to view Planning Officer : Mrs Vanessa Porter

RECOMMENDATION: To APPROVE the application ______

Recommended Conditions and Notes for Approval C : Conditions for approval N : Notes (if any) attached to the 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 hairdressing business shall not operate outside of the operational hours stipulated in the application.

Opening Hours: Tuesday, Thursday, Friday, Saturday 9.30am to 6pm Mondays and Sundays: Closed.

Reason: In the interest of protecting neighbouring living conditions.

C 3. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 or Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019 or any order amending, revoking or re-enacting these Orders, the building hereby approved shall be used only for the purpose hereby approved (Hairdressing) and shall not be used for any other purpose within Use Class 1.1 without the express grant of planning approval from the Department.

Reason: To enable the Department to consider the implications of any subsequent change of use on the amenities of the area.

C 4. For the avoidance of doubt, should the building cease to be used for the business use hereby approved as specified in Condition 3 of the approval, the building may either be removed or only be used for purposes incidental to the enjoyment on the main dwelling house at 10 Banks Howe.

Reason: To enable the Department to consider the implications of any subsequent change of use on the amenities of the area.

C 5. The use hereby approved shall only be for the benefit of Ms Karina Blakeley while they are resident at 10 Banks Howe, Onchan and no staff may be employed and/or work at the premises. 9

Reason: Although the specific details of this application have been found acceptable, any change to its operation will require fresh assessment.

C 6. The area of the building to be used for hairdressing shall be limited to that shown on the floor plans forming part of the application and the use hereby permitted shall not extend into any other part of the premises.

Reason: To minimise the disturbance to adjacent residential occupiers and to protect the residential character of the locality.

Reason for approval: The application complies with General Policy 2 and Transport Policy 7 of the Isle of Man Strategic Plan 2016 and therefore acceptable. ______

Interested Person Status – Additional Persons

It is recommended that the owners/occupiers of the following properties 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 and are not mentioned in Article 4(2):

20, 22 and 24 Banks Howe, as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status.

It is recommended that the owners/occupiers of the following properties 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 4(2):

8 Banks Howe 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 4D of the Policy.

It is considered that the following Government Department should be afforded Interested Person Status as they have raised material consideration in their representations in accordance with Article 4(2):

DOI Flood Risk Management Division ______

Planning Officer’s Report

THIS APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE AS IT PROPOSES DEVELOPMENT CONTRARY TO THE LOCAL PLAN ZONING BUT IS RECOMMENDED FOR APPROVAL

THE APPLICATION SITE

1.1 The application is within the residential curtilage of 10 Banks Howe, Onchan which is a large two storey, 'upside down' house with integral double garage dwelling situated to the western side of the first Banks Howe cul-de-sac.

1.2 To the front of the property is a large driveway suitable for six or more cars in tandem, with gravel situated to the southern side of the driveway. 10

1.3 There is currently a garage being built which was approved under PA20/01345/B.

THE PROPOSAL 2.1 The application proposes firstly several alterations to the previously approved garage including extending the over size of the structure by approximately 0.815m whilst reducing the overall space of the garage to part store room, part hairdressers/salon with the installation of a door to the front elevation, installation of a WC, installation of window with obscure glazing to the north elevation and the installation of four 1350x980mm rooflights.

2.2 The application also proposed the change of use of part of the garage from residential to hairdressers/salon.

2.3 The proposed opening times are 9.30am to 6pm Tuesday, Thursday, Friday and Saturday on a 1 in, 1 out basis.

PLANNING HISTORY 3.1 The previously approved application PA20/01345/B is the most relevant and was for the "Extension to existing dwelling and erection of a detached garage" and was Approved.

PLANNING POLICY 4.1 The site lies within an area zoned as "Predominantly Residential" on the Area Plan for the East, Map 6 Onchan. The site is not within a Conservation Area, Flood Zone, nor an area zoned as High Landscape or Coastal Value and Scenic Significance.

4.2 In terms of the Strategic Plan (2016) the following Strategic Policies are the most relevant. - Strategic Policy 9 and Business Policy 10 set out that retail provisions are only to be permitted in established town and village centres. - Business Policy 1 which sets out that the growth of employment opportunities throughout the Island will be encouraged.

4.3 The following Strategic Policies are also relevant; - General Policy 2 which sets out general 'Development Control' considerations which are arguably relevant even where a proposal is not in accordance with the land-use designation, the wider impact (the amenity of local residents or the character of the locality) and parking/access/highway safety. - Transport Policy 7 in connection with Appendix 7.6 which sets out the requirement for parking standards.

REPRESENTATIONS 5.1 DOI Highway Services have considered the application and state, "After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and/ or parking." (21.05.21)

5.2 Onchan Commissioners have considered the application and recommend Refusal on the grounds of, "To protect the residential character of the locality." (2.06.21)

5.3 DOI Flood Risk Management have considered the application and state, "No Flood Risk Management Interest." (20.05.21)

5.4 The owner/occupiers of 8 Banks Howe have considered the proposal and object to the proposal on the grounds of the proposed works devaluing the properties and surrounding area.

5.5 The owner/occupiers of 20 Banks Howe, Onchan have considered the proposal and whilst they have no objection to the application would like to see specific conditions attached.

5.6 The owner/occupiers of 22 Banks Howe, Onchan have considered the proposal and whilst they have no objection they are worried about possible signage, parking provisions and the overall size of the hairdressers/salon.

5.7 The owner/occupiers of Thie Corneill, 24 Banks Howe, Onchan have considered the proposal and object to the application for the proposed use setting a precedent in the area, traffic and over development.

ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are: - principle of the development (land use designation, SP9 & BP10) - neighbouring amenity (GP2) - character and appearance (GP2)

6.2 PRINCIPLE 6.2.1 In the first instance when looking at the principle of the use of the garage as a hairdressers it should be acknowledged that permission has been approved and refused for the operation of businesses from a residential property, throughout the Island. In fact the Government's Permitted Development Order permits a number of business operations to be run from a dwelling, these including child minding (up to 6 children), Bed and Breakfast (up to 3 bedrooms) and an occupant of a dwelling can operate any business from home (no visitors/staff allowed) via a home office within the property.

6.2.2 Whilst the above may be the case it is relevant to note in terms of principle the impacts on the nearby town centre. Within the covering statement received with the applicant the states, "I currently run a Salon in Onchan and the Covid-19 pandemic has showed me how fragile and stressful my business can be whilst trying to pay rents, maintain staff and keep a household. I am looking to work from home so that I can gain a better work/life balance." Further clarification on this was sought during the officers site visit to which the applicants have stated that the existing site is within the Port Jack area of Onchan and that the staff situated within the existing hairdressers are on a "pay by chair" basis and that the existing site is also rented not owned.

6.2.3 When looking at the information received from the applicant there is the worry that the applicant is not just starting out with the potential to move into a town centre position when their business has organically grown enough, which is generally the reason for approving applications for working from home, but that the business is vacating a retail property. The proposal in this sense does not comply with SP 9, BP 1 & 10 which focuses on the growth of employment opportunities throughout the Island.

6.2.4 Whilst the proposal does not comply with SP9, BP1 & 10 it is relevant to note that several applications for hairdressing/ beautification services have been approved where the information received has not informed the Department of whether they are starting out or currently situated within a town centre and there have also been several applications which have been approved via Planning Committee recently where an applicant has stated they are moving from a town centre position to working from home which have been approved under BP1 (20/00664/B & 20/00770/B).

6.3 NEIGHBOURING AMENITY 6.3.1 In terms of neighbouring amenity the impact of the overall structure was assessed with PA20/01345/B. The proposal is for a single client being present at a time, with no noisy activities being carried out as such it is unlikely to have an impact on the neighbouring properties. It should be noted that whilst the application has received objections these stem 12 from the worry that the garage will be used by more than the property's occupier and the potential of traffic implications.

6.3.2 When looking at the objections on the basis of the proposed works, the Department adds specific conditions to applications such as this which will restrict the use to the occupants of the property only and to the specific timescales given, as such these conditions will be added to this application.

6.3.3 The parking area within the site is relatively large with it being able to comfortable sit six or more cars with the applicants explaining during the officers site visit that the gravel situated to the South of the car parking area will be changed to paving which will increase the overall parking on the site. In this case, it is considered there would be adequate off-road parking space on the driveway and with no parking restrictions to the front of the house on the highway which would not be seen to exacerbate parking within the streetscene. Furthermore, the comings and goings of customers is unlikely to be any more disturbing than if 3 or 4 car owners lived at the house. In this case further weight is given to the general policies (2 b,c&g) and on balance it is considered there would be no impact on the highway in accordance with GP2(h&i)

6.4 CHARACTER AND APPEARANCE 6.4.1 Due to the proposed alterations of the garage, the increase in size and the installation of windows/ rooflights it is necessary to assess whether the proposed works have altered the character and appearance of the property in relation to the overall streetscene.

6.4.2 The proposed rooflights will not overlook any neighbouring properties and the proposed window is facing the existing properties garden and will be obscure glazing, as such there are no alterations in the neighbouring amenity with regards to these alterations.

6.4.3 When looking at the previously approved garage and the proposed garage, the proposed garage has been moved all the way onto the main boundary and the garage has been altered from having a kink in the middle to a straight line. Whilst these could potentially have an effect on the neighbouring property to the north, the proposed works are adjacent to an existing garage and as such there would not be any loss of light or overbearing impact.

CONCLUSION 7.1 On balance whilst the application does not comply with Strategic Policy 9 and Business Policy 1 & 10, acceptance is generally given for low impact businesses such as a hairdresser to operate from home as, if only operated by the occupant, tend to be quiet and are not unneighbourly.

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: 13 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

PLANNING AUTHORITY AGENDA FOR 14th June 2021

Item 5.3 Proposal : Alterations, extension and dormer extension to rear, increase in chimney height, bi fold doors to front elevation and rear window amendments Site Address : Lhingague Surby Road Surby Port Erin Isle Of Man IM9 6TB Applicant : Mr Steve George Application No. : 21/00240/B- click to view Planning Officer : Mrs Vanessa Porter

RECOMMENDATION: To APPROVE the application ______

Recommended Conditions and Notes for Approval C : Conditions for approval N : Notes (if any) attached to the 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.

Reason for approval: The proposal is considered to comply with General Policy 2 and Housing Policy 16 of the Isle of Man Strategic Plan 2016 and therefore acceptable. ______

Interested Person Status – Additional Persons

Awinside, Surby Road, Surby as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status.

DOI Flood Risk Management Division

______

Planning Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE PLANNING APPLICATION PROPOSES AN EXTENSION TO A DWELLING LOCATED WITHIN THE COUNTRYSIDE THAT IS A GREATER THAN 50% INCREASE IN FLOOR SPACE OVER THE EXISTING DWELLING.

THE APPLICATION SITE 1.1 The site represents the curtilage of an existing dwelling, Lhingague, Surby Road, Surby which is a two storey dwelling situated to the eastern side of Surby Hill which leads north from Surby and becomes a public footpath which ends at the lower end of The Sloc.

1.2 To the north is a large open field and to the south are two properties - Shilley ny Marrey and Cheu ny.

1.3 There is currently an existing conservatory which would of required Planning Permission on the site which will be replaced with a sun room within this application.

THE PROPOSAL 2.1 The current planning application seeks approval for three separate items;

2.1.1 First for the creation of a utility room measuring 4.8m by 2.35m with an overall height of 4.2m which is to be situated to the North East of the rear elevation.

2.1.2 Secondly is the alteration of the already existing conservatory to sun lounge. The footprint will be exactly the same. The proposed sun lounge will have windows to the South and West and sliding doors to the East.

2.1.3 Thirdly is the erection of a two storey extension to the South East of the rear elevation and is to measure 6.7m by 8m with an overall height of 6.1m. The proposed extension measures 105.04sqm which is over 50% of the existing footprint.

PLANNING HISTORY 3.1 There was one previous application PA09/00830/B which was for "Erection of an extension to provide ancillary living accommodation to dwelling house." This was Permitted.

PLANNING POLICY 4.1 The site lies within an area "Not zoned for a particular purpose" on the Area Plan for the South. The site is not within a Conservation Area, Flood Risk Zone, nor an area zoned as High Landscape or Coastal Value and Scenic Significance.

4.2 In terms of the Isle of Man Strategic Plan 2016, paragraph 8.12.2 states, "As there is a general policy against development in the Island's countryside, it is important that where development exists, either in an historic or recently approved form, it should not, when altered or extended detract from the amenities of the countryside." With that in mind the key policy for this application is Housing Policy 16, which states (in full), "The extension of non- traditional dwellings or those of poor or inappropriate form will not generally be permitted where this would increase the impact of the building as viewed by the public."

4.3 There are a number of other relevant policies within the Isle of Man Strategic Plan 2016, as summarised below. - General Policy 2 sets out general 'Development Control' considerations which are arguably relevant even where a proposal is not in accordance with the land-use designation including design (respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them), wider impact (the amenity of local residents or the character of the locality) and parking/access/highway safety.

- General Policy 3 indicates development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan other than a number of stated exception, which do not include the extension of existing dwellings. - Environment Policy 1 seeks to prevent development which would adversely affect the site other than in exceptional circumstances.

4.4 The Department has published the Residential Design Guide (2019) which, although focused on dwellings within settlements, does offer advice in relation to impact on neighbours.

REPRESENTATIONS 5.1 Highway Services have submitted several comments with the last stating "Highway Services note the amendments to the plans and continue to have no highway interest in this proposal." (06.05.21).

5.2 Arbory and Rushen Parish Commissioners have written in to state they support the application (28.04.21)

5.3 DOI Flood Risk Management Division have written in to state, "No Flood Risk Management Interest." (14.04.21)

5.4 Comments have been received from the Owners/Occupiers of "Awinside" regarding the fact that the yellow sign was not legible from the public highway. (5.04.21)

5.4.1 In response to this comment a new yellow sign was received by the applicants and put on display.

ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are: - principle of development (GP3, EP1, HP16) - character and appearance (GP2, HP16) - Neighbouring Amenity (GP2)

6.2 PRINCIPLE 6.2.1 The site is not designated for development, nor does it meet the exception criteria in GP3. However, with HP16 the supporting text clearly allows for residential extensions in the countryside where they would not detract from the countryside which, in the case of the of non-traditional buildings means they must not increase the impact of the building as viewed by the public.

6.2.2 Due to the orientation of the property within the streetscene and the mature hedging along the main roadside, the views of the property are minimal and if the property is viewed from the roadside it is just of the front elevation.

6.2.3 Therefore, it is considered that the proposal complies with HP16. It is however necessary to consider the details of the design and whether there would be an impact on the wider streetscene.

6.3 CHARACTER AND APPEARANCE 6.3.1 The main part of the proposal has been designed so that it is not higher than the existing dwelling and as such the impact on the overall streetscene will be minimal with views of the proposed works from a public vantage point being very minimal.

6.3.2 Turning towards the proposed sun lounge, views might be accessed when travelling along Surby Road. The proposal is in keeping with the existing property and is not increasing the impact of the property when viewed by the public. 17

6.4 NEIGHBOURING AMENITY 6.4.1 With regards to neighbouring amenity, within the South East elevation there is proposed a Juliet balcony to the first floor level, as such it is necessary to assess whether the neighbouring amenity of "Cheu-Ny-Hawin," Surby Road which is situated to the South East of the property. The proposed windows and dormers would not look at it straight-on and it is more than 20 metres away (the RDG advises that above this distance overlooking is unlikely to be an issue).

6.6.2 It is not considered that there are any concerns in relation to impact on either of the nearby properties in terms of loss of outlook or overlooking that would justify a refusal.

CONCLUSION 7.1 For the above reasons the proposal is considered to comply with General Policy 2 and Housing Policy 16 of the Isle of Man Strategic Plan 2016 and therefore acceptable.

PLANNING AUTHORITY AGENDA FOR 14th June 2021

Item 5.4 Proposal : Erection of 12 temporary timber beach huts to be used between 28th March to 31st October annually Site Address : Port Erin Beach Shore Road Port Erin Isle Of Man Applicant : Port Erin Commissioners Application No. : 21/00417/B- click to view Planning Officer : Miss Lucy Kinrade

RECOMMENDATION: To APPROVE the application ______

Recommended Conditions and Notes for Approval C : Conditions for approval N : Notes (if any) attached to the 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 beach huts hereby approved are permitted only on the application site between the period 28th March - 31st October in any one calendar year. There shall be no beach huts or associated equipment remaining on site outside of this period.

Reason: The application has been assessed on this basis only as requested within the application submission.

C 3. There shall be no overnight stays in any of the beach huts.

Reason: The application has been assessed on this basis only as requested within the application submission.

C 4. The use of the beach huts hereby approved is permitted only between the hours of 8am and 10pm daily.

Reason: The application has been assessed on this basis only as requested within the application submission.

Reason for approval: The proposed beach huts are not considered to be inappropriate forms of development within this designated harbour area and their installation for the period specified is likely to bring community gain and support to the recreational use of the beach and sea by the public. The application is considered to accord with the principles of Transport Policies 13 and 14, to comply with Environment Policy 36 and General Policy 2 of the Isle of Man Strategic Plan 2016 and to be provided with suitable mitigation as to limit any significant flood risk in line with Environment Polices 10 and 13.

Interested Person Status – Additional Persons

7 The Church View, Braddan Balliargey, Abbeylands Ballavale Farm (Old House), Santon Fotysdene Bawshen Farm, Crosby Kantara, Little Switzerland, Douglas 20 Fairway Close, Port Erin as they do not satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (2020). ______

Planning Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN LAND USE DESIGNATION AND IS RECOMMENDED FOR AN APPROVAL

THE APPLICATION SITE 1.1 The application site is a small section of Port Erin Beach sitting north of Leading Light Lighthouse and a short distance from Cosy Nook Café and the end of Shore Road.

1.2 The area is currently sandy beach with a stone wall immediately to the east, beyond which is a steep grass bank leading up to the promenade, Bradda and Spaldrick.

PROPOSAL 2.1 The application seeks approval for the erection of 12 beach huts for public recreational and community use providing space for changing or relaxing while at the beach.

2.2 Each hut is to measure 2.75m wide x 4.2m long and each is to have a small 1m deep raised deck to the front. The huts are to be pitched roofed measuring 2.8m high to centre line. Double doors will be installed on the fronts and will face west towards the bay.

2.3 The huts are to be installed between March 28th and 31st October each year only and available for use from 8am - 10pm. Overnight stays are not to be permitted. Supporting information indicates that the huts will be daily rentals but depending on demand weekly, monthly or seasonal lets may be considered and earlier morning community uses for clubs such as beach yoga, swimming or sea dipping may be considered along with group bookings for parties, special or corporate events.

2.4 Port Erin Commissioners (the applicant) indicate that the huts will have a nominated operator, with staff working from one of the huts and if not on site will be contactable 24/7 by phone. CCTV will operate in the area during evenings (in line with GDPR) and litter will be managed at the site with a contact with the local authority.

PLANNING HISTORY 3.1 There are no previous planning applications considered material to the assessment of this current planning application. PLANNING POLICY 4.1 On the Area Plan for the South 2013 the site and surrounding beach is washed over blue as being part of the 'harbour area' and neighbouring the proposed Port Erin Conservation Area. The site is also recognised as being at 'High Risk' or tidal flooding on 20 recent flood maps. Within the APS2013 there are a number of paragraphs relating to the ecological importance of the bay as a plaice nursery area, basking shark hotspot and as an important dive site and that any new development should be sensitive to this ecological importance and also the scallop 'closed area', this site is perhaps outside of that central 'bay' area and closer to the shore where there are no specific policies or paragraphs relating to beach huts or similar recreation uses. There are however a number of policies and paragraphs within the Isle of Man Strategic Plan 2016 considered relevant in the assessment of the current proposal relating to the existing community facility the beach already provides, ensuring limited impact on the designated harbour area, ensuring no harm to the adjacent proposed conservation area and outlining general standards towards acceptable development. Environment Policies 10 and 13 also seeks to outline the flood risk impacts of development and how it can be best mitigated.

4.2 Noting below; Transport Policy 14 indicates that there is potential for an Environmental Impact Assessment to be required for harbour works, however looking to both Appendix 5 of the Strategic Plan 2016 and UK Town and Country Planning (Environmental Impact Assessment) Regulations 2017 there is no reference to the need for an EIA for beach huts and therefore there is no requirement to submit an EIA in this instance.

4.3 Transport Policy 13: Development in or around harbours should neither compromise the ability of the harbour to accommodate other commercial or recreational users in a viable manner, nor be detrimental to the character of those harbours of historic interest.

4.4 Transport Policy 14: Any proposed schemes likely to impact upon the ecology and/or archaeology of a harbour or the nearby coastline should be accompanied by an Environmental Impact Assessment.

4.5 Recreation Policy 2 states: "Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances: (a) where alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; and (b) where there would be an overall community gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area."

4.6 Environment Policy 36: "Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area."

4.7 General Policy 2 states (in part): "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; (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; (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"

4.8 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."

4.9 Environment Policy 13: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted."

REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

5.1 Port Erin Commissioners - in support (12/055/2021).

5.2 Department of Infrastructure Highway Services - Do not oppose (18/05/2021).

5.3 There have been 5 letters in support from various persons around the Island all expressing the benefit the huts will bring to those using the beach and their contribution to the atmosphere of Port Erin: 7 The Church View, Braddan Balliargey, Abbeylands Ballavale Farm (Old House), Santon Fotysdene Bawshen Farm, Crosby Kantara, Little Switzerland, Douglas

5.4 There has been one letter from a resident of Port Erin (20 Fairway Close, Port Erin) who expresses concern at the lack of toilet provisions and the potential for the huts to encourage persons to ad-hoc defecate between or behind the huts rather than walk the short distance to the public toilets. They suggest that a condition be added to ensure that the public toilets at Cosy Nook be made available at all times to the users of the huts.

ASSESSMENT 6.1 The principal issues to consider in the assessment of the application are; the principle of developing the site, the impact upon the harbour area, the impact on the character and appearance of the site and proposed Conservation Area and impacts in terms of flooding.

6.2 Although the site is not designated as 'Open Space' its role in the community is very much akin to public open space as well as contributing to the harbour area. Transport Policy 13 and Recreation Policy 2 state that development in or around harbour areas should not compromise commercial or recreational users or unacceptably effect open space or recreational provision. In the case of this application the physical siting of the huts will take away a small parcel of the open beach, however the intended facility is to be a community one encouraging and supporting the recreational use of the beach and surrounding area. For

22 the period which the huts are to be in situ it is expected that they will result in an overall community gain and contribute to the public's use of the beach and sea.

6.3 The area which the huts are to occupy is proportionately small compared to the remainder of the beach and they are to be tucked towards the northern end beyond the existing lighthouse and along the stone wall. Views of the huts will be prominent from the bay, beach and the piers on the opposite side of the bay, although views from closer along Shore Road or from the promenade will be restricted due to the stone wall and existing buildings sitting between them and due to the topography of the steep banks. These types of structures are not uncommon at beach and coastal settings. While perhaps the first of their kind to be seen in recent years on the Island, historic images submitted as part of the application show their popularity in past times and it would not be considered out of keeping or detrimental to the seaside character of this location nor to adversely harm the general character and appearance of the adjacent proposed Conservation Area.

6.4 A local resident has expressed concern in relation to limited toilet facilities for the huts. A representative of Port Erin Commissioners indicated that the nearest public toilets are 200m away along Shore Road and that the users of the proposed huts would be no different to any other user of the beach and that most reasonable person would not be averse to walking the short distance to use these toilet facilities. This view is concurred with. Similarly most reasonable persons would discard of their litter in the appropriate receptacles provided and as indicated in the supporting information a contract with the Local Authority will be drawn up to deal with litter waste from the site. The use of huts on this part of the beach is not to be significant different to the available general public use without the huts and thus the harm in respect of amenities, ecology and the environment is to be negligible.

6.5 The site is identified as being 'High Risk' of tidal flooding. As part of the submission a Flood Risk Assessment (FRA) has been provided setting out and analysis and matters of the site and concluding with recommendations for mitigation in the event of flooding risk. DOI Flood Risk Management were consulted on the scheme but had not provided a response at the time of writing the report. The FRA states that the structures are to be used only during summer months and so any issues posed by winter or inclement weather related events are not likely to affect the proposal. The report indicates that the structures can be easily removed should coastal and tidal conditions pose a threat as alerted by meteorological weather alerts and that flood risk assessments must be reviewed annually. Minded that public users of the beach do so at their own risk it would be down to any reasonable person to assess beach and sea conditions prior to visiting. In the case of the beach huts, the application is submitted by the Local Commissioners and the huts are to be manned which could offer a secondary element of flood risk mitigation through their daily control of use or an alert to evacuate in case of an emergency. While freak adverse weather cannot always be planned for or anticipated, given the summer seasonal use of the huts coupled with the management and outlined removal in adverse conditions it is considered that the proposal would not be at such significant adverse harm in terms of flood risk to warrant a refusal.

CONCLUSION 7.1 Based on the above assessment it is concluded that the proposed works will likely result in an overall community gain and contributing to the recreational use of the beach and harbour area without generating any new or unacceptable impacts on the surrounding environment or to detriment the seaside setting and adjacent Conservation Area. The application is considered to accord with the principles of Transport Policies 13 and 14, to comply with Environment Policy 36 and General Policy 2 of the Isle of Man Strategic Plan 2016 and to be provided with suitable mitigation as to limit any significant flood risk in line with Environment Polices 10 and 13.

7.2 To reflect the basis of the application and its assessment by the public, consultees and Department alike, three conditions will be added to reflect the temporary nature of the huts 23 being between 28th March - 31st October annually, no overnight stays, and operation between 8am - 10pm only.

PLANNING AUTHORITY AGENDA FOR 14th June 2021

Item 5.5 Proposal : Erection of an agricultural building Site Address : Loughan Farm Jurby East Isle Of Man IM7 3EZ Applicant : Ballaseyr Limited Application No. : 21/00274/B- click to view Senior Planning Mr Jason Singleton Officer :

RECOMMENDATION: To APPROVE the application ______

Recommended Conditions and Notes for Approval C : Conditions for approval N : Notes (if any) attached to the 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 buildings must be used only for agricultural purposes.

Reason: the countryside is protected from development and an exception is being made on the basis of agricultural need. As such the building must be used for the purposes for which it is approved.

C 3. The agricultural buildings hereby approved shall be removed and the ground restored to its former condition in the event that it is no longer used or required for agricultural purposes.

Reason: The building has been exceptionally approved solely to meet agricultural need and its subsequent retention would result in an unwarranted intrusion in the countryside.

Reason for approval: This planning application is recommended for approval as it has proved to be acceptable in terms of the agricultural need satisfying General Policy 3, and the proposed buildings scale, materials, colour, siting and form would be in accordance with Environment Policy 1 and 15 of the Strategic Plan.

______

Interested Person Status – Additional Persons

While DoI's Flood Risk Management Division is a Government Department have commented it is to say that they have no interest in the application. As such it is not considered they should be afforded Interested Person Status in this case. ______Planning Officer’s Report

THIS APPLICATION IS BEING PRESENTED FOR DETERMINATION BY THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT

1.0 THE SITE 1.1 The application site forms part of the agricultural holding of Loughan Barn, Bretney Road, Jurby. The land associated with this farm is approx. 210 acres. The site and farm buildings are located to the south of the highway and to the south of the new farm house and adjacent to existing agricultural buildings. The site contains a number of new agricultural buildings that are situated on the south east end of the site. These buildings are wide span structures with corrugated sheeted roofing and walls that comprise Yorkshire Boarding on the upper sections and concrete panels which forms the lower sections of the external wall.

1.2 Of the existing buildings on site, two of the new buildings are for the housing of livestock and a third smaller building is for the housing of machinery. The total floor area under cover is approximately 1992m2 with an available area of 1425m2 giving a shortage of 567m2, this takes into account the total building size, less the areas allocated for access as a food pass area within the sheds.

2.0 THE PROPOSAL 2.1 Proposed is the erection of an additional agricultural building measuring a footprint of 36.6m long x 9.1m wide (11.6m including the roof over hang) and 4.0m to the underside of the eaves. The proposed shed would provide an area of 334.3m2. To the front elevation (south facing) the building would subdivided into 8 bays (in between the steel frames) with the openings secured with stock gates to 6 bays and the end two bays would be enclosed with roller shutter doors. The building would be sited between the farm dwelling and the existing barns to enclose in the site and form a farm yard area.

2.2 The building would be constructed with pre-cast concrete walls to the lower proportions and the upper proportions cladded with vertical timber Yorkshire boarding. The roof would natural grey corrugated roof sheets with GRP roof lights installed along its length of roof at regular intervals. Internally the building would be sub-divided where the last 2 bays for food storage are secured and the remaining 6 bays are open plan.

2.3 The proposed shed is required for "food stuffs/storage" and for livestock husbandry for expansion of cattle holdings, breeding and rearing. This also allows for safe bull separation when required.

2.4 The application is accompanied with an agricultural statement from a Rural Business Consultancy which highlights; o The farming business extends to 1050 acres of which 59.08 are cereals and the remainder is grass for grazing, comprising dairy, beef and sheep farming across 3 primary farm holdings and additional supporting lands. o The farm business, has a labour requirement of approx. 11.97 labour units for the welfare of 225 dairy cows, 21 beef cows, 20 young calves, 240 cattle, 850 breeding ewes, 250 replacement ewes and rams, 1275 lambs, 59.08 acres of cereals and 990.92 acres of grassland.

2.5 The statement identifies that Loughan Farm (the application site) is intended to provide grassing for the business beef cow herd, the rearing of dairy and beef cattle from the dairy herd, forage and feed for the dairy herd and winter grazing for some of the ewe flock. The farm is still growing in its beef and dairy herd and intends to expand from 260 up to 290 head from weaned cattle through to finishing animals. 2.6 The provision of a dedicated feed storage area will allow the business to ensure that it complies with the current and future farm assurance standards, allowing dry feed including grain to be stored safely undercover without any risk of spoilage. The proposed stock

26 housing will allow for more stock to be housed in good, purpose built facilities, improving the management and performance of the stock.

2.7 The agent sums up their supporting statement by saying: "The proposed erection of an agricultural building will allow the business to house more cattle and their feed, improving their management, and ensuring the health and welfare is not compromised. Based on the proposed stocking the buildings are justified and essential for continued expansion of this business."

3.0 PLANNING POLICY 3.1 In terms of land use designation the application site is located within a wider area of land that is designated as; "white land" or land not zoned for development / agricultural land on the Town and Country Planning (Development Plan) Order 1982.

3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains a number of policies that are considered specifically material to the assessment of this current planning application.

3.3 Spatial Policy 5 states; New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3

3.4 Development will not be permitted outside of those areas which are zoned for development on the appropriate area plan with the exception of;

(f) building and engineering operations which are essential for the conduct of agriculture or forestry;

3.5 Environment Policy 1 states: The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative.

3.6 Environment Policy 15 states: Where the Department is satisfied that there is agricultural or horticultural need for a new building (including a dwelling), sufficient to outweigh the general policy against development in the countryside, and that the impact of this development including buildings, accesses, servicing etc. is acceptable, such development must be sited as close as is practically possible to existing building groups and be appropriate in terms of scale, materials, colour, siting and form to ensure that all new developments are sympathetic to the landscape and built environment of which they will form a part.

Only in exceptional circumstances will buildings be permitted in exposed or isolated areas or close to public highways and in all such cases will be subject to appropriate landscaping. The nature and materials of construction must also be appropriate to the purposes for which it is intended.

Where new agricultural buildings are proposed next to or close to existing residential properties, care must be taken to ensure that there is no unacceptable adverse impact through any activity, although it must be borne in mind that many farming activities require buildings which are best sited, in landscape terms, close to existing building groups in the rural landscape."

3.7 Paragraph 7.13.3 is also relevant:

7.13.3 In recent years there has been increasing demand for new development and buildings in the countryside, particularly for new modern agricultural buildings. Such buildings can have, and in a number of areas already have had an adverse effect on the character and appearance of the landscape, particularly when sited in exposed locations away from building groups and on elevated land. It is important that new development should be compatible with the character of the surrounding area, and the need for new buildings in the countryside will be balanced against the harm that development may have on the particular environment within which it is proposed. In terms of new agricultural dwellings, permission will not be granted unless real agricultural need is demonstrated and will in every case be assessed in terms of need, sensitive siting, design, and size, and be subject to an agricultural occupancy condition.

4.0 PLANNING HISTORY 4.1 PA 87/00417/B for erection of agricultural building, Part of Field 417, Land at Loughan, Jurby - Approved.

4.2 PA 00/02037/B for erection of agricultural building, Part of Field 417, Land at Loughan, Jurby - Approved.

4.3 PA 19/00749/B for Erection of a detached agricultural workers dwelling with detached garage and store - Approved.

4.4 PA 20/00832/B for Erection of new agricultural shed and extension to existing agricultural shed - Approved. This application introduced two buildings and was on the basis of general farm operations and animal husbandry to assist with the farming business.

4.5 PA 20/01406/B for Erection of an extension to existing agricultural shed. Approved. This application was to assist in the winterising of cattle over winter and raising the calves from 3 months to 18-20 months and reared inside.

5.0 REPRESENTATIONS 5.1 Jurby Parish commissioners were written to (21.04.2021) and at the time of writing no comments had been received.

5.2 Highways Services commented (30/04/21) to advise the do not object.

5.3 DoI Flood Risk Management Team have commented (05/05/21) with No Flood Risk Management Interest.

6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this planning application are; (i) the essential need for the agricultural building; (ii) the impact of the proposed building on the surrounding area.

6.2 (i) Essential Need The starting point for any development within the countryside (i.e. not zoned for development) is Spatial Policy 5 which links to General Policy 3 paragraph F which allows exemption for agricultural buildings and Environment Policy 15, as the first paragraph requires first the Planning Authority to be satisfied that there is agricultural or horticultural need for a new building, sufficient to outweigh the general policy against development in the countryside.

6.3 The agent has provided details as noted in section 2 of this report which confirms the scale of the farm at Loughan Farm and the wider farm holding it contributes too. The 28 application site has a resident farm manager who lives on site in the new dwellinghouse and the agricultural need for the building is to expand on the current farming enterprise and is looking to increase the head of cattle and provide the appropriate accommodation and rearing facilities. From the supporting information the applicant clearly owns a significant head of cattle and with the intention to expand this further and with a dedicated manager living on site to grow the business and the shortage of required space on site for animal welfare and storage, the justification would be seen to be appropriate in this case.

6.4 On balance, considering this application and those applications previously approved and implemented as noted in the planning history, this additional building would work in conjunction with the existing buildings and farm set up for the day to day farm operation and would be read in accordance with Spatial Policy 5 and General Policy 3.

(ii) Impact of the proposal 6.5 Having considered the justification, we turn to the siting of the building, Environment Policy 15 notes the proximity of the proposal should be sited as close the farmstead as possible and be appropriate in terms of scale, materials, colour, siting and form to ensure they are in keeping with their surroundings.

6.6 With this in mind, the siting and location of the new farm building are two of the most important factors to consider in the context of this application. It is noted from the submission details the current farm buildings are all clustered together in close proximity to the farm house and are various shapes and sizes with their construction being large metal framed building, cladded with timber and concrete sections. The chosen location is immediately opposite the existing building, and would enclose this part of the site and create a farm yard area which in turn would not appear out of character in its setting.

6.7 It is accepted the building would not be easily visible from the Highway, albeit any distant views would be read in the context of the rural landscape amongst existing farm buildings. In considering the design and scale of the building, it is of a proportionate size and form in relation to the existing buildings within the landscape.

6.8 In terms of the scale, materials, colour, siting and form it is considered this application would be in accordance with Environment Policy 1, and 15 for the reasons stated above.

7.0 CONCLUSION 7.1 Overall, it is concluded that the planning application is in accordance with aforementioned Policies of the Isle of Man Strategic Plan 2016 and is recommended for approval.

8.2 The decision maker must determine: 29 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.

PLANNING AUTHORITY AGENDA FOR 14th June 2021

Item 5.6 Proposal : Change of use of upper floor of stables into residential with additional tourist accommodation Site Address : Ballayonaigue Farm Lambhill Bride Isle Of Man IM7 4BL Applicant : Mr David Hathersich-Jones Application No. : 21/00330/C- click to view Senior Planning Mr Jason Singleton Officer :

RECOMMENDATION: To APPROVE the application ______

Recommended Conditions and Notes for Approval C : Conditions for approval N : Notes (if any) attached to the 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.

Reason for approval: The proposed change of use of the upper floor to tourist / residential would be an appropriate form of development that does not harm the wider countryside in accordance with Environment Policy 1 and 2 and would also comply with Business Policy 11,12,14, Housing Policy 16 and Strategic Policy 8 of the Isle of Man Strategic Plan 2016. ______

Interested Person Status – Additional Persons

Planning Officer’s Report

THE APPLICATION IS BEING REFERRED TO THE PLANNING COMMITTEE AS WHAT IS PROPOSED COULD BE SEEN AS BEING CONTRARY TO HP11 AND EP16. 31

1.0 THE SITE 1.1 The application site identified in red is the detached outbuildings associated with is the residential curtilage of Ballayonaigue, Lambhill, Bride. The curtilage is made up of the main dwelling house and a number of detached outbuildings and stables, a horse manege and 7 acres of land that are bisected into paddocks for the horses. The stables outbuilding subject of this application is located to the north of the dwellinghouse (approx.40m) across the courtyard area and accessed from the same private driveway that serves the dwellinghouse. The building is two stories and features three horse stables, a covered drive through space and a separate store on the ground floor and the upper floor is all open plan and utilised for storage in association with the stables and owners horse riding equipment. Access to the upper floor is from external staircases on the side elevation and an internal staircase adjacent to the stables.

1.2 The building was originally built with planning approval under reference; 05/00029/B which is two stories high and finished in a mixture of painted render on the rear elevation and Manx stone and red brick to the sides and front elevation and a pitched slate roof.

2.0 THE PROPOSAL 2.1 Proposed is the change of use of the upper floor of the stables building from storage to a 1 bedroom residential accommodation with additional tourist use.

2.2 The first floor plan configuration would utilise the whole of the upper floor and would feature an open plan kitchen, dining room and living room with separate utility, bathroom and bedrooms. The ground floor would remain as horse stables as per the existing approval from 2005.

2.3 The agent on behalf of the applicant has submitted a planning statement which highlights; the stables are private and used in conjunction with the dwellinghouse; the need for the volume of storage area has been reduced over the years as the owner hasn't as many horses now and the requirement for hay storage has reduced as a result; The intended use is for tourist accommodation and occasionally by the family of the owners;

3.0 PLANNING POLICY 3.1 In terms of local plan policy, the application site is within an area recognised as being "white land" or not zoned for development on the Town and Country Planning (Development Plan) Order 1982.

3.2 Under the Isle of Man Development Plan Order 1982 the site is also within an area of high landscape value. The site is not within a designated conservation area, or is classified as a registered building, nor is the site within an identified flood risk area.

3.3 General Policy 3 (in part): Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11)"

3.4 Strategic Policy 8 Tourist development proposals will generally be permitted where they make use of existing built fabric of interest and quality, where they do not affect adversely environmental, agricultural, or highway interests and where they enable enjoyment of our natural and man- made attractions.

3.5 Environment Policy 16

The use of existing rural buildings for new purposes such as tourist, or small-scale industrial/commercial use may be permitted where: a) it is demonstrated that the building is no longer required for its original purpose and where the building is substantially intact and structurally capable of renovation; b) the reuse of the building will result in the preservation of fabric which is of historic, architectural, or social interest or is otherwise of visual attraction; c) it is demonstrated that the building could accommodate the new use without requiring extension or adverse change to appearance or character; d) there would not be unacceptable implications in terms of traffic generation; e) conversion does not lead to dispersal of activity on such a scale as to prejudice the vitality and viability of existing town and village services; and f) the use of existing buildings involves significant levels of redevelopment to accommodate the new use, the benefits secured by the proposal in terms of impact on the environment and the rural economy shall outweigh the continued impact of retaining the existing buildings on site.

3.6 Housing Policy 11: Conversion of existing rural buildings into dwellings may be permitted, but only where: (a) redundancy for the original use can be established; (b) the building is substantially intact and structurally capable of renovation; (c) the building is of architectural, historic, or social interest; (d) the building is large enough to form a satisfactory dwelling, either as it stands or with modest, subordinate extension which does not affect adversely the character or interest of the building; (e) residential use would not be incompatible with adjoining established uses or, where appropriate, land-use zonings on the area plan; and (f) the building is or can be provided with satisfactory services without unreasonable public expenditure.

Such conversion must: (a) where practicable and desirable, re-establish the original appearance of the building; and (b) use the same materials as those in the existing building.

Permission will not be given for the rebuilding of ruins or the erection of replacement buildings of similar, or even identical, form.

Further extension of converted rural buildings will not usually be permitted, since this would lead to loss or reduction of the original interest and character.

3.7 Business Policy 11 Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designations which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within the rural areas there may be situations where existing rural buildings could be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted.

3.8 Business Policy 12 Permission will generally be given for the conversion of redundant buildings in the countryside to tourist use providing that the development complies with the policies set out in paragraph 8.10. - Housing Policy 11.

3.9 Business Policy 14 Tourism development may be permitted in rural areas provided that it complies with the policies in the Plan. Farmhouse accommodation or quality self-catering units in barn conversions and making use of rural activities will be encouraged but must comply with 33

General Policy 3 and Business Policies 11 and 12. Other forms of quality accommodation in rural areas will be considered, including the provision of hostels and similar accommodation suitable for walkers but must comply with General Policy 3 and Business Policies 11 and 12.

3.10 Transport Policy 4 The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan.

4.0 PLANNING HISTORY 4.1 05/00030/B - Creation of horse trailer garage with loft room storage and creation of covered tractor parking area. Approved with a specific condition; "The building shall be used solely for stabling and associated storage".

4.2 05/00029/B - Erection of an additional two storey stable block with storage space above. Approved.

5.0 REPRESENTATIONS 5.1 Bride Parish commissioners were wrote to on the 21.04.2021 and at the time of writing no comments had been received.

5.2 Highways Services have commented (30/04/21) with no objection

5.3 DoI Flood Risk Management Team have commented (05/05/21) with No Flood Risk Management Interest.

6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this planning application are; (i) the principle of the proposal (BP11,12,14, HP11, EP16, STP8) (ii) the visual impact of the proposed development on the character and appearance of the existing dwelling, and street scene; (EP1&2)

6.2 (i) Principle There is an underlying element to the Strategic Plan Policies which are relevant to the conversion of rural buildings to tourist use which must be taken into account. General Policy 3 allows for conversion of redundant rural buildings in the countryside, taking note of their aesthetic value while Business Policy 11 allows for "development" in the countryside for tourism subject to meeting the conversion tests of Environmental Policy 16. Where applications are for mixed tourist and residential use HP11 and EP 16 have broadly the same material tests. There is the expectation that the buildings should be redundant which is then supported through Business Policy 12 which provides that permission will generally be given for the conversion of "redundant buildings" in the countryside to tourist use, subject to compliance with paragraph 8.10, Housing Policy 11 and Environment Policy 16 of the Strategic Plan. Business Policy 14 provides that tourism development may be permitted in rural areas, but requires compliance with other Strategic Plan policies, including specific cross- references to Business Policy 12, and through that policy to Housing Policy 11. As a result, whilst Housing Policy 11 relates to conversions into dwellings, by virtue of Business Policy 12 it also applies to conversions to tourist uses. Amongst the requirement of Housing Policy 11 is that redundancy for the original use can be established, as echoed in Environmental Policy 16.

6.3 Turning to the proposal, it is clear from the agents supporting statement the use of the barn's upper floor has fallen dormant for their intended use which was for storage in association with the private use of the stables as part of the main dwellinghouse. The conversion and adaption of the buildings first floor has been shown on the floor plan to be 34 able to create self-contained accommodation which comprises the usual living arrangements and the conversion works would make use of the existing windows and apertures, so the proposed works would not significantly or adversely alter the character of the building, in accordance with the policy.

6.4 As the building is relatively modern (circa 2005) and across two floors it could initially fail the redundancy test as sought in HP11. However, the ground floor would continue to be utilised as horse stables as per their intended use and it is only the upper floor that is being altered (internally). Whilst not strictly in accordance with HP11, HP16 merely seeks that the use or building is longer required for its original purpose. Both polices seeks that the preservation of the rural buildings would of architectural, historic or social interest, Striking a balance between the policies, the retention of the building as stables below and first floor accommodation above is not considered to be fundamentally detrimental to the application or the aims of the Strategic Plan.

6.5 The proposal would be used in conjunction with the dwelling house (and can be conditioned so) so would not be seen as incompatible with the residential aspect and given the access to the barn is only from the driveway that serves the house, occupants would have to pass the house to gain access into the courtyard area which serves the barn. There would therefore be a degree of mutual space and gardens.

6.6 (ii) Visual Impact As the proposal is seeking the additional use of the existing built fabric of the building there are no material alterations to the external elevations. The building would retain its character as a stables building amongst a collection of smaller stabling buildings and any residential/tourist use would be only noticeable within the courtyard shared with the main dwellinghouse. On balance it is not considered there would be any detrimental impact to adversely affect the countryside from the proposal and would be in accordance with Ep1 and 2.

7.0 CONCLUSION 7.1 Overall, it is concluded that the planning application is in accordance with aforementioned Policies of the Isle of Man Strategic Plan 2016 and is recommended for approval.

7.0 CONCLUSION 7.1 For the above reasons, it is concluded that the planning application would not harm the use and enjoyment of neighbouring properties or the highway network and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016, the Residential Design Guide 2019 and is recommended for approval.

PLANNING AUTHORITY AGENDA FOR 14th June 2021

Item 5.7 Proposal : Erection of a two horse timber stable with feed/tack storage Site Address : Rheast Cottage Smeale Ramsey Isle Of Man IM7 3EE Applicant : Miss Maureen Callow Application No. : 21/00402/B- click to view Senior Planning Mr Jason Singleton Officer :

RECOMMENDATION: To APPROVE the application ______

Recommended Conditions and Notes for Approval C : Conditions for approval N : Notes (if any) attached to the 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 buildings must be used only for the stabling or sheltering of horses or other animals and the storage of equipment associated with the upkeep of the animals.

Reason: The countryside is protected from development and an exception is being made on the basis of equestrian / agricultural need. As such the building must be used for the purposes for which it is approved.

Reason for approval: The planning application has been designed to ensure its siting and appearance has no adverse impact on the character of this site and the wider countryside, in accordance with Environment Policies 1 and 21. ______

Interested Person Status – Additional Persons

Planning Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE FOR DETERMINATION AS THE APPLICANT/OWNER IS A CLOSE RELATIVE OF A MEMBER OF THE DIRECTORATE

1.0 THE SITE 1.1 The application site identified in red is the curtilage of a detached dwellinghouse called Rheast Cottage, Smeale. The house is a two storey cottage that sits adjacent to the highway 37 with detached buildings all adjacent to the highway where the boundary treatment appears as sod hedging with mature planting on top. To the south of the dwellinghouse is a large field that forms part of the land ownership of the property. The character of the area is very rural with sporadic properties along the length of the highway either side amongst agricultural fields.

1.2 The neighbouring property to the east (nearest neighbour) Rheast Farm has a large masonry built stables building adjacent to the highway that gained approval under 10/00389/B - Alterations and creation of mezzanine floor to existing barn and erection of a stable extension & 02/01928/B - Erection of stable block to replace existing, existing stable block to be relocated to side of manege, alterations to barn, alterations and erection of replacement extension to storage shed and creation of new vehicular access and parking.

2.0 THE PROPOSAL 2.1 Proposed is the erection of a timber frame and cladded stables building for horses with tack storage room situated to the north east corner of the curtilage adjacent to the highway.

2.3 The building would be single storey measuring externally a footprint a footprint of; 10.7m long at the longest across the northern boundary and 7.19 m wide on the eastern boundary in an 'L' shape. The building would measure 2.2m to the eaves height and 3.0m to the ridge. Internally, the design would be subdivided into three sections comprising two horse stables and a tack/storage room. The roof would be pitched with a projecting overhang of 0.95m above the entrance to the south elevation.

2.4 The finish would see the walls cladded with timber cladding and the roof, black coloured 'Onduline' corrugated sheeting.

2.5 The site is currently laid to grass with an existing tin shed on the site.

3.0 PLANNING POLICY 3.1 In terms of local plan policy, the application site is located within an area designated as "White Land" that is not zoned for development in the 1982 Development Order. The site is also defined as being within an area zoned as High Landscape Value or Costal Value and Scenic Significance.

3.2 The site is not within a Conservation Area nor is it a registered building and there are no registered trees on site.

3.3 The Isle of Man Strategic Plan 2016 contains policies which are considered material to the assessment of this current planning application;

3.4 General Policy 3 (in part) Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (f) Building and engineering operations which are essential for the conduct of agriculture or forestry;

3.5 Environment Policy 1; The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative.

3.6 Environment Policy 21; Buildings for the stabling, shelter or care of horses or other animals will not be permitted in the countryside if they would be detrimental to the character and appearance of the countryside in terms of siting, design, size or finish. Any new buildings must be designed in form and materials to reflect their specific purpose; in particular, cavity-wall construction should not be used.

3.7 It is also important to read paragraph 7.15.1 in the Strategic Plan which states;

7.15.1 Equestrian activities are becoming increasingly popular in rural areas and on the fringes of our towns and villages. These activities can generally take place only on open, rural land, and often represent a useful way of diversifying traditional farming. The use of land as grazing land falls within the definition of agriculture (section 45 of the 1999 Town and Country Planning Act), and does not therefore involve development, but the keeping of horses and the operation of equestrian activities generally do involve development and may have an adverse impact on the appearance and character of the countryside. Sensitive siting and high standards of design, construction, and maintenance are necessary to ensure that there are no such adverse impacts. Whilst horses should be well housed, it will seldom be appropriate to use cavity-wall construction for stables, since such buildings may too easily be adapted for residential uses, so thwarting other policies of this Plan. Where new buildings are necessary, they should be sited close to existing building groups, and designed not only to blend with their surroundings but also to suit their specific purpose.

4.0 PLANNING HISTORY 4.1 The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.

5.0 REPRESENTATIONS 5.1 Andreas Parish commissioners were written to (21.04.2021) and at the time of writing no comments had been received.

5.2 Highways Services have commented (30/04/21) and do not object.

5.3 DoI Flood Risk Management Team have commented (05/05/21) with No Flood Risk Management Interest.

6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this planning application are; (i) the visual impact of the proposed development on the character and appearance of the countryside in terms of siting, design, size or finish. (ii) whether the proposal would adversely affect the countryside.

6.2 There aforementioned policies would indicate there is a general presumption against new development in the countryside, as indicated in Environment Policy 1, and General Policy 3 of the Strategic Plan. There are exceptions to this presumption with respect to the shelter and care of horses and other animals for buildings which are set out in EP21.

6.3 As previously identified EP 21 is the most relevant planning policy in the determination of this application. This essentially indicates that no building will be allowed if it would be detrimental to the character and appearance of the countryside in terms of siting, design, size or finish.

6.4 The proposed buildings has been designed to reflect its purpose and is cladded with timber boarding which would sit under a pitched corrugated roof and has been designed for predominately the shelter and stabling of horses and associated storage area that leads into 39 the land at the rear used for grazing and exercising. This would appear subordinate to the neighbouring stables building and that of the dwellinghouse of the application site and would be appropriate for the siting.

6.5 The topography of the land and the location of the stables help to mitigate any glimpsing views when passing. The size, finish and colour of the barn will help reduce any visual impact from distanced views as it would be seen against a back drop of agriculture land and within a collection of built forms of varied massing adjacent to the road. In this instance is not considered to have a detrimental impact on the countryside which would adversely affect the character or quality of the landscape to such an extent to warrant a refusal and would comply with the criteria of Environment policy 21.

6.6 As such, it is considered that the proposal manages to satisfy the key tests of Environment Policy 21, however a condition requiring the building's use for the care and sheltering of animals would, in this case, be appropriate.

7.0 CONCLUSION 7.1 The planning application has been designed to ensure its siting and appearance has no adverse impact on the character of this site and the wider countryside, in accordance with Environment Policy 1, 21 which has been recommended for approval.

PLANNING AUTHORITY AGENDA FOR 14th June 2021

Item 5.8 Proposal : Erection of a replacement double garage Site Address : Old Reservoir House Little Mill Road Onchan Isle Of Man IM4 5BD Applicant : Mr Dylan Coady Application No. : 21/00354/B- click to view Principal Planner : Mr Chris Balmer

RECOMMENDATION: To APPROVE the application ______

Recommended Conditions and Notes for Approval C : Conditions for approval N : Notes (if any) attached to the 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.

Reason for approval: The proposals are considered to be appropriate in this location and comply with Environment Policy 1 & General Policy 3 of the IOM Strategic Plan 2016. ______

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 that relate to planning considerations:

Flood Management Division (DOI) ______

Planning Officer’s Report

THIS APPLICATION IS REFERRED TO THE COMMITTEE AS IT COULD BE CONSIDERED A DEPARTURE AND IS RECOMMENDED FOR APPROVAL

1.0 THE SITE 1.1 The application site is the residential curtilage of the Old Reservoir House, Onchan. The property sits in secluded woodland setting, and not visible from the highway given its height below the highway of Mill Road. The property is a detached dwelling that is also immediately adjacent to the Groudle River to the south. The property is approx. 6m above the height of the riverbed.

2.0 PROPOSAL

2.1 The proposal seeks approval for the erection of a replacement double garage which includes the removal of an existing timber clad single storey garage. Further the works involve the construction of a part single/part two gazebo/garden store.

3.0 PLANNING STATUS 3.1 The site is shown as within an area not designated for development under the Area Plan for the East. The site is not within a Conservation Area.

3.2 Due to the land use designation of the site, and the nature of the proposed development, the following Planning Policy is relevant in the consideration of the application:-

3.3 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."

3.4 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."

4.0 PLANNING HISTORY 4.1 The previous planning application are considered relevant in the assessment and determination of this application:

4.2 Reconstruction of a retaining wall - 20/00510/B - APPROVED

4.3 Alterations and extensions to dwelling - 05/00281/B - APPROVED

5.0 REPRESENTATIONS 5.1 Highway Services

6.0 ASSESSMENT 6.1 The main considerations are; the principle of the development for garaging and the potential visual impact upon the amenities of the countryside.

Principle of the development for garaging & gazebo/garden store

6.2 In relation to the principle the starting point is that the site lies in the countryside where development is restricted, in order to protect the countryside for its own sake. Whilst the policies in the Strategic Plan allows for some exceptions, the proposal does not fall within any of those categories. The Strategic Plan is silent on new development in the form of detached garages/extensions to garages/stores, however some extensions to garages/stores have been approved, in some instances, where the extension would not have an undue impact on the countryside or undermine the rural character of an area.

6.3 Furthermore, the Permitted Development Order allows (subject to conditions) the erection of a double garage (6m x 6m); therefore there is a general acceptance to the principle of a garaging to properties within the countryside (i.e. land not designated). In this case there is no concern to the principle of garaging. The existing garage while lone, its width is not ideal for modern cars and is not in a particular good condition. Its replacement is considered acceptable.

6.4 The gazebo/garden store is perhaps more unique, albeit it would partly site on the site of the existing garage. It is a modest in size and its design would tie in with the new garage. Again having a garage store is not an alien feature to properties in the countryside, especially ones which site in larger grounds, as the application site is.

Potential visual impact upon the amenities of the countryside 6.4 The proposed garage and gazebo/garden store would both be very well screened from public views, given the proposals and the existing dwelling are within (and surrounded) an wooded area. Furthermore, the scale, proportion, finish and positing adjacent to the main dwelling house, would all ensure the garage and gazebo/garden store would site subordinate to the main dwelling, which would still appear as the more prominent feature on the site. Finally, a garage and gazebo/garden store of these sizes and design are not uncommon features within a larger residential curtilage of a dwelling within the countryside setting.

7.0 CONCLUSION 7.1 For these reasons the proposals are considered to be appropriate in this location and comply with Environment Policy 1 & General Policy 3 of the IOM Strategic Plan and the application is therefore recommended for an approval.

8.3 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 Interested Person Status.

PLANNING AUTHORITY AGENDA FOR 14th June 2021

Item 5.9 Proposal : Proposed walled garden, relocation of existing greenhouse and gardener's shed and extension to shed. Site Address : The Meadows Port E Chee Tromode Douglas Isle Of Man IM2 5PD Applicant : Mr Alexander & Mrs Alison Holt Application No. : 21/00280/B- click to view Planning Officer : Mr Peiran Shen

RECOMMENDATION: To APPROVE the application ______

Recommended Conditions and Notes for Approval C : Conditions for approval N : Notes (if any) attached to the 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 proposed buildings hereby approved may be used only in association with the main dwelling house "Nr 25 Farmhill Park" for purposes incidental to the residential use of that property.

Reason: To retain the residential nature of the use.

Reason for approval: While the development is not in strict accordance with the land use zoning, it is in accordance with the existing land use and complies with the criteria in General Policy 2 of the Strategic Plan. ______

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:

DoI Flood Risk Management Division ______

Planning Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS IT IS RECOMMENDED FOR APPROVAL BUT CONTRARY TO THE PROVISIONS OF THE DEVELOPMENT PLAN. 1.0 THE SITE

1.1 The application site is The Meadows, Port-e-Chee, Tromode Road, Douglas, a mansion located to the west of Tromode Road.

2.0 THE PROPOSAL 2.1 The proposed work is the creation of a walled garden, the relocation of a greenhouse and the relocation and extension of a garden shed.

3.0 PLANNING HISTORY 3.1 A number of applications relate to the site the most recent being the 'erection of a detached building to provide entertainment space and associated facilities' which was APPROVED under PA 18/01077/B.

4.0 PLANNING POLICY 4.1 In terms of local policy, the site lies within an area designated as Open Space in the Area Plan for the East.

4.2 In terms of strategic policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:

4.3 General Policy 3 sets out a presumption against development on land not allocated for that purpose subject to exceptions of which none apply to this proposal.

4.4 General Policy 2 provides guidance for development where it is in accordance with the land use zoning. Although the proposal is not, bearing in mind the existing residential nature of the use of the land consideration of the criteria in the policy is appropriate. Relevant is 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".

4.5 "8.12.1 Extensions to Dwellings in built-up areas or sites designated for residential use: As a general policy, in built-up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to an existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general."

5.0 REPRESENTATION 5.1 Douglas Borough Council has no objection on this application (16/04/2021).

5.2 DoI Highway Services states there is no highway interest in this application (20/04/2021).

5.3 DoI Flood Risk Management states there is no flood risk management interest in this application (26/04/2021).

6.0 ASSESSMENT 6.1 The key issues to consider are its impact on the character of the area.

6.2 The area is designated as open space. However, as the proposal is small-scale development for the enjoyment of the mansion. It is considered appropriate that the assessment will be conducted as if the site is designated for residential purposes.

6.3 As the walled garden, greenhouse and wood shed would be compatible with the surrounding landscape as well as the adjacent tree line, and they are not visible to the public the proposal is considered that is acceptable.

6.4 A condition should be attached to ensure the proposal would be used only for the enjoyment of the existing dwelling.

7.0 CONCLUSION 7.1 While the development is not in strict accordance with the land use zoning, it is in accordance with the existing land use and complies with the criteria in General Policy 2 of the Strategic Plan. Therefore, it 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 which 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.

PLANNING AUTHORITY AGENDA FOR 14th June 2021

Item 5.10 Proposal : Conversion of post office to dwelling and alteration of existing shopfront to windows Site Address : 4 Brunswick Road Douglas Isle Of Man IM2 3LL Applicant : Mr Tomasz Dziardziel Application No. : 21/00261/B- click to view Planning Officer : Mr Peiran Shen

RECOMMENDATION: To APPROVE the application ______

Recommended Conditions and Notes for Approval C : Conditions for approval N : Notes (if any) attached to the 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 approval is hereby given to any parking space within the red line boundary on the location plan.

Reason: For the avoidance of doubt

Reason for approval: The application is considered to comply with General Policy 2, Environment Policy 35 and Transport Policy 7 of the Strategic Plan.

______

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:

DoI Flood Risk Management Division ______

Planning Officer’s Report

THIS IS REFERRED TO THE COMMITTEE AS IT IS RECOMMENDED FOR APPROVAL CONTRARY TO AN OBJECTION FROM THE LOCAL AUTHORITY

1.0 THE SITE 1.1 The application site is 4 Brunswick Road, Douglas, a three-storey end-of-terrace building located on the northeast corner of Brunswick Road and Berkeley Street.

2.0 THE PROPOSAL 2.1 The planning application seeks approval for the change of use from a post office on parts of the ground floor (Class 1.1) and residential on first, second floor and the remainder of the ground floor (Class 3.3) to a dwelling (Class 3.3). The work also includes the removal of the existing shopfront and a shop window and the replacement with uPVC sliding sash windows.

3.0 PLANNING HISTORY 3.1 Retrospective application for the removal of front wall and creation of parking spaces with access onto highway was REFUSED under PA 04/01867/R.

4.0 PLANNING POLICY 4.1 In terms of the local plan, the site is designated as "Predominately Residential" in the Area Plan for the East. The site is located within the Selborne Road Conservation Area.

4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:

4.3 General Policy 2: "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; (j) can be provided with all necessary services."

4.4 Environment Policy 35 states: "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."

4.5 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."

4.6 Appendix 7.6 states that residential terraces should have "2 spaces per unit, if not within curtilage then located as close to units as possible without compromising residential amenity." It also highlights that "parking spaces should not be provided in front of the dwellings where this would result in a poor outlook for residents and would detract from the amenity of the area."

4.7 Appendix 7.6 also states "These standards may be relaxed where development: (c) is otherwise of benefit to the character of a Conservation Area."

4.8 Planning Policy Statement 1/01 (Conservation of the Historic Environment of the Isle of Man) - Policy CA/2, (Conservation Areas); "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area will be a material consideration when assessing the application."

4.9 Planning Circular 1/98: The Alteration and Replacement of Windows Set states: Category b) Buildings in a Conservation Area "if the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be readily visible from a public thoroughfare must have the same method of opening as the originals. Whatever the material used in their construction, the windows must have the same pattern and section of glazing bars and the same frame sections as the original windows. Windows not readily visible from a public thoroughfare must have the same or similar pattern of glazing bars as the originals, but not necessarily the original method of opening, whatever the material used in the construction."

5.0 REPRESENTATION 5.1 Douglas Borough Council objects to this application (18/05/2021). The comment states that given the comments from Highway Services, the proposed on-site parking is considered to increase danger to other road users and disrupting the street scene of the neighbourhood.

5.2 DoI Highway Services does not oppose this application (02/04/2021). The comment states that there is no significant negative impact upon highway safety, network efficiency and /or parking. Additional comment (12/04/20021) points out that there is no off-street parking for this site as no dropped curb has been or will be approved due to the location of the site. However, as parking permit is available for the site so there is still no concern regarding parking.

5.3 DoI Flood Risk Management Division states there is no flood risk management interest in this application (15/04/2021).

6.0 ASSESSMENT 6.1 The key issues to consider are the suitability of the location for residential purposes, its impact on the character and appearance of the conservation area and parking.

6.2 The site is located in a residential area. The Local Plan designated the area as being Predominantly Residential. The proposal fits within the designation and is therefore acceptable.

6.3 The proposed replacement sliding sash windows will improve the appearance of the building compare to the previous flat-roof shopfront. Therefore, the design is considered acceptable.

6.4 According to TP7, the proposed dwelling would need two parking spaces. However, there is no specific parking space to be allocated for this development. As Highway Services have confirmed that they have no objections, and the street has plenty of on-street parking spaces. The additional need for two car parking space does not create a shortage compare to the existing parking conditions.

6.4 In addition, as the proposal improves the appearance of the area, the parking standard can be further reduced. Therefore, it is considered that there is no concern regarding parking.

6.5 Although the application form suggests there is one on-site parking space, refusal of PA 04/01867/R, objection from Douglas Borough Council and comments from the Highway 50

Service has all suggests that the site is not suitable to have on-site parking. Therefore, a condition will be attached to confirm that no on-site parking provision has been approved.

7.0 CONCLUSION 7.1 The proposal is considered to comply with General Policy 2, Environment Policy 35 and Transport Policy 7 of the Strategic Plan. Therefore, it is recommended for an 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 which 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.