19 March 2012 · Minister for Infrastructure following Inspector's report (appeal dismissal upholding delegated approval)
1, Knock Rushen, Scarlett, Castletown, Isle Of Man, IM9 1tq
The proposal involved amendments to previously approved plans (10/00600/B) for a detached dwelling with garage on a plot within a developing 41-dwelling estate south-west of Castletown centre. Key changes included enlarging the rear single-storey extension to 9.3m width, 6.7m depth, 3.2m height with a flat roof forming…
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The officer assessed that the amendments would not adversely affect character or street scene as changes are rear-facing and screened by the existing forward garage; main dwelling matches prior approv…
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to the erection of a detached dwelling with detached garage (amendments to 10/00600/B) as proposed in the submitted documents and drawings 910-01 and 910-02 received on 26th January 2012 and 910-03 Rev A received on 16th February 2012.
Landscaping
All planting, seeding, turflng, hedging and fencing comprised in the approved details of landscaping must be carried out in the first planting season following the completion of the development or the occupation of the dwelling, whichever is sooner. Any trees or shrubs which within 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.
Estate road completion
No works may commence upon construction of the penultimate dwelling within the estate until such times as the estate road has been completed to the satisfaction of the Planning Authority. The dwelling, the subject of this permission, may not be occupied until the estate road has been constructed and lit up to the junction with the adopted highway and to the satisfaction of the Planning Authority.
Parking and access
The dwelling may not be occupied until the parking facilities and vehicular access has been completed and brought into use to the satisfaction of the Planning Authority. Thereafter, the parking facilities must be retained unless otherwise agreed in writing with the Planning Authority.
Windows
The windows shown on the approved drawings must be installed as indicated and described in the approved plans and may not be replaced without the prior written agreement of the Planning Authority.
Materials
The approved dwelling and garaging must be finished in accordance with the schedule of finishes approved under PA 04/02083 in response to condition 7 of that approval.
Tree protection
Prior to the commencement of any works of excavation or the building of the approved dwelling, the trees shown as being retained on the approved plan must be adequately fenced off and protected from damage during construction of the dwelling. Such fencing must be erected so as to protect the roots and the branches of the trees in accordance with a scheme to be submitted and approved in writing by the Planning Authority. Once the protective fencing has been erected, no materials or vehicles may be stored or parked within the protected area and no excavation works carried out unless otherwise agreed in writing with the Planning Authority.
Terrace screening
The proposed screen of a wall and fence along the south east elevation of the terrace area shall be erected prior to occupation of the dwelling and thereafter retained in perpetuity unless otherwise agreed in writing with the Planning Authority.
no objections
no adverse traffic implications/recommend approval
acceptable design/massing; no significant amenity impact with screening
The original application 12/00113/B for amendments to a previously approved dwelling (10/00600/B), including an enlarged single-storey rear extension with flat roof terrace and screening, was approved by the planning authority. Neighbours (appellants) appealed on grounds of loss of privacy, overlooking, noise, and visual dominance due to the terrace and level differences. The applicants and planning division argued that screening (2m wall and fence, trees, hedging) prevented overlooking, the house orientation faced away, and changes were minor. The inspector found no significant harm to residential amenities from the extension or terrace due to screening, distances (18m), angles, and prior appellant agreement on screening design; noise was not a planning matter. The appeal was dismissed, upholding approval with conditions including retention of the screen in perpetuity.
Precedent Value
Appeals against amendments to prior approvals succeed if changes are minor and amenity protections (screening, distances) are evidenced; applicants should document neighbour-requested mitigations and secure via conditions. Neighbours cannot block via private disputes.
Inspector: David G Hollis
