30 May 2012 · Minister for Infrastructure
6, Coronation Court, Ramsey, Isle Of Man, IM8 3ef
The proposal sought retrospective permission for timber decking measuring 3.6m by 5.2m raised 1m above ground level in the rear garden, with a small timber shelter (1.2m x 1.8m) and 1.8m high bamboo screens, plus new 1.35m high picket fencing and wall to the front garden.
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The officer assessed that substantial existing screening (walls, fences, hedges, trees) between the site and neighbours (Bretnagh, Holly Cottage, Rose Cottage) minimises overlooking, with proposed 1.8…
General Policy 2
Requires development in residential zoning to respect site/surroundings (siting, scale, design), not adversely affect amenity/character, provide satisfactory standards. Officer found proposal complies: decking/shelter screened, modest scale, no undue amenity loss; fencing enhances open frontage. Para 8.12.1 presumption for extensions without adverse neighbour/area impact applied positively.
Time limit
The development hereby permitted shall commence before the expiration of three years from the date of this notice.
Approved plans - fencing
This permission relates to the erection of a 1.35m high timber picket fence in the front garden and an associated 1.35m high timber pedestrian gate as shown by Drawing Numbers Ski and SK2 date stamped as having been received on 5th April 2012.
Fence details approval
Notwithstanding the timber picket fence as detailed in Photograph PHi which was stamped received on 5th April 2012, no development shall take place until there has been submitted to and approved in writing by the Planning Authority details of the 1.35m high timber picket fence to be erected.
Fence painted finish
The picket fence shall receive a painted finish, the colour of which is to be agreed in writing by the Planning Authority before the fence is erected, within one month of its installation.
Shelter dimensions limit
Notwithstanding the submitted drawings, the roof of the proposed shelter shall not be constructed to exceed 1.6m at its highest part and project outwards over the decking by a distance greater than 1.2m.
Post-construction inspection
Following construction of the porch to the measurements detailed in Condition 5 above, the Planning Authority's Enforcement Officer will visit the appeal site to confirm compliance with same.
no objections
The original application 12/00540/B for erection of decking and shelter in rear garden and fencing in front garden (retrospective) was refused, leading to an appeal by third parties Ms M Brady, Mr & Mrs M Corkish, and Mrs L J Roberts. The inspector recommended dismissal due to unacceptable noise, disturbance, and visual intrusion from the decking to neighbouring properties, despite accepting benefits of the front fencing. The Minister found arguments finely balanced, agreed the picket fence would improve visual amenity, and concluded that noise from decking use would be typical of residential living, with visual intrusion minimised by a condition restricting shelter height. The Minister directed approval under Article 6, confirming the Planning Authority's approval subject to conditions limiting fence and shelter dimensions.
Precedent Value
This appeal demonstrates that Ministers can overturn inspector recommendations where harm is deemed typical of everyday residential living, particularly if mitigated by conditions; future applicants should emphasise normalisation of impacts and visual benefits in prominent locations.
