24 August 2011
12, Derby Square, Douglas, Isle Of Man, IM1 3ls
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The original application 10/01719/B for alterations, extensions, and conversion of a former boarding house to a single dwelling was refused by the Development Control Manager due to harm to residential amenity of Nos. 11 and 13 Derby Square via overshadowing, overlooking, loss of light, privacy, tunnelling effect, overbearing impact, and visual intrusiveness, contrary to General Policy 2 and para 8.12.1 of the Isle of Man Strategic Plan 2007. Appellant argued the proposal improves the site, is consistent with neighbouring extensions, causes minimal overshadowing, and includes family benefits like a lift. Interested parties from Nos. 11 and 13 objected on amenity loss grounds. The inspector found the full-width, high rear extension uncharacteristic of the terrace's subordinate outriggers, harming the Windsor Road Conservation Area's character contrary to GP2 and EP35, and causing significant harm to living conditions at Nos. 11 and 13 via overbearing impact, light loss, tunnelling, and overlooking from terraces, contrary to GP2. Appeal dismissed.
Precedent Value
Demonstrates strict enforcement of CA policies requiring extensions to replicate characteristic terrace patterns (partial outriggers, roof forms below eaves); high terraces must prevent overlooking; applicants need 3D/light studies and directly comparable precedents for amenity impacts in dense terraces.
Inspector: Stephen Amos MA (Cantab) MCD MRTPI
