16 June 2023 · Delegated - Principal Planner (Chris Balmer)
33, Fairway Drive, Ramsey, Isle Of Man, IM8 2bd
The proposal involved erecting a pitched roof front extension and a flat-roof rear extension on the existing rear extension of a single-storey detached dwelling in a predominantly residential area.
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The officer assessed the proposal against neighbour amenity impacts, finding the front extension acceptable with no overbearing, overshadowing or overlooking effects and fitting the existing roofscape…
General Policy 2
General Policy 2 (b) (c) (g) (m) (n) requires development to respect amenity, character, and avoid unacceptable impacts on neighbours. The officer tested the rear extension's height, depth and design against this, finding unreasonable overshadowing (majority of No.31 garden shadowed in midwinter) and overlooking (via double door), failing the policy tests on neighbour amenity.
no objection
does not oppose this application; no significant negative impact upon highway safety, network functionality and/or parking
Highway Services HDC and Ramsey Town Commissioners have no objection to the application, while Highways Drainage requests compliance with drainage regulations; a neighbour objects on amenity grounds.
Key concern: surface water runoff onto public highway contravening Highway Act 1986
Highway Services HDC
No ObjectionAfter reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking.
Highways Drainage
Conditional No ObjectionAllowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.; Recommendation: Please be aware off and comply with the clauses above.
Conditions requested: Please be aware off and comply with the clauses above.
Ramsey Town Commissioners
No ObjectionRamsey Town Commissioners have no objection to this proposal.
The original application for a front porch and rear garage extension was refused by a Principal Planning Officer under delegated powers due to the rear extension's unreasonable overshadowing and overlooking impact on neighbours, contrary to General Policy 2 of the IOM Strategic Plan 2016 and the Residential Design Guide 2021. The appellant argued no significant overshadowing or overlooking due to ground levels, existing vegetation, seasonal sunlight patterns, and the extension's design for storage only. The inspector agreed the porch was acceptable but found the rear garage extension, due to its size, length, elevated position, and proximity to the boundary, would cause unacceptable overbearing impact, enclosure, and overshadowing to No 31's garden and windows, despite lower height than some planting. Privacy concerns could be conditioned but did not outweigh amenity harm. The Minister accepted the inspector's recommendation for a split decision on 6 December 2023, approving the porch with conditions and refusing the garage.
Precedent Value
This split decision emphasises that site visits are critical for elevated/slopping sites where 2D plans/shadow tools mislead on amenity; future applicants must demonstrate no overbearing/enclosure beyond existing structures, with solid boundary-length extensions in superior positions highly risky even if conditioned for privacy.
Inspector: Mrs Jennifer Vyse DipTP, MRTPI, DipPBM
