15 August 2023 · Delegated - Principal Planner Jason Singleton
33, Marathon Avenue, Douglas, Isle Of Man, IM2 4jb
The proposal involves erecting timber picket fencing to a height of 1.8m along the front and side boundaries of the front garden at 33 Marathon Avenue, Douglas, on top of an existing brick/concrete wall; this is a retrospective application for work already completed on an end-terraced two-storey dwelling at the end of …
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The officer assessed the fence's height (1.8m atop an existing wall) and position on a corner plot at the end of a sloping cul-de-sac, noting it creates a clear visual change and appears prominently i…
General Policy 2
General Policy 2 of the Strategic Plan 2016 requires development to be of suitable design respecting the site and surroundings, without adversely affecting the character of the surrounding townscape. The officer tested the fence's design against the streetscene, finding its height and position on a sloping corner plot created an incongruous and prominent feature, failing parts (b) and (c). Similar fencing nearby was acknowledged but deemed less impactful due to lesser extent and different plot positions.
No objection (25.05.23)
consider development to have no significant negative impact upon highway safety, network functionality and/or parking (12.05.23)
Highway Services HDC assessed the application as having no significant negative impact on highway safety, network functionality or parking and did not oppose it. Douglas Borough Council explicitly stated no objections to the application.
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.; Since Highway Services did not object nor there is any highway reason for refusal on planning application 23/00438/B
Douglas Borough Council
No ObjectionDouglas Borough Council has no objections (save for application numbers 23/00493/B, 23/00526/B and 23/00527/CON); 23/00438/B - Erection of fence to front and side elevation (retrospective) 33 Marathon Avenue Douglas Isle Of Man IM2 4JB
The original application for retrospective approval of a front and side fence at 33 Marathon Avenue was refused by the Department on 15 August 2023 for being out of keeping with the locality and discordant in the streetscene, contrary to GP2(b) and (c) of the IMSP. The appellant argued privacy/security needs for his daughter's medical condition requiring shade, similar nearby fences, noise/traffic buffering, and aesthetic harmony, with no neighbour objections. The Council defended the refusal emphasizing visual prominence on the corner plot and dismissing personal circumstances as non-material. The inspector found moderate conflict with GP2 due to design/scale/visual impact but accorded moderate weight to the personal medical needs as a material consideration, deeming them overriding in the fine balance. The appeal was recommended allowed on 14 December 2023 with no conditions.
Precedent Value
This appeal demonstrates that personal medical circumstances can be material and overriding on IoM even where policy lacks primacy, if balanced against only moderate harm; future applicants should document needs robustly and highlight site constraints, but expect scrutiny of visual prominence in streetscene.
Inspector: Brian J Sims
