16 December 2019 · Delegated - Principal Planner (Chris Balmer)
9, Mourne View, Peel, Isle Of Man, IM5 1uj
The site is a dwelling in a small cul-de-sac estate in Peel, sloping down towards the coast, with No. 9 at a higher elevation than neighbours No. 7 and 8. The proposal included a substantial side/north gable extension (10.5m x 12.5m footprint) with hipped roof matching the house, featuring large picture windows and bi-…
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The officer assessed that while the side extension's size and design were generally in keeping with the dwelling, its elevated position relative to No.
General Policy 2
GP2 requires development to respect surroundings (b), not adversely affect character (c), not harm resident amenity (g), and provide satisfactory standards (h). The officer found failure under (g) due to overlooking/privacy impacts on No. 7 from elevated glazing and terrace, unmitigated by topography and distance despite >20m to building.
Residential Design Guide 2019 - Decking/terraces
Requires careful design to avoid overlooking, with 20m separation preferred for balconies/terraces, greater with topography changes, and screening only if not overbearing. The elevated terrace with glazed balustrades failed to prevent unacceptable overlooking of No. 7's garden despite some distance.
Residential Design Guide - Overlooking resulting in a loss of privacy
"20 metre guide" for habitable room windows; greater distance needed with topography. Distance to No. 7 building >20m but less to garden, and level changes made overlooking unacceptable despite existing mutual views and proposed screening.
Do not oppose
Proposal in keeping with site size, 10m to boundary with screening, over 20m/25m to windows, Caledonia over 70m away
Peel Town Commissioners objected to the application due to privacy intrusion and overbearing impact on neighbours, while Highways Division had no objection; third-party neighbours also raised privacy and overdevelopment concerns.
Key concern: significant impact on neighbouring privacy due to overlooking bedrooms, conservatory and gardens
Peel Town Commissioners
ObjectionThe Commissioners opposed planning application 19/01007/B Extension of property at 9 Mourne View, Peel.; The Commissioners believed the large extension proposed with living accommodation facing towards the neighbour's rear garden and bedrooms is too close to the property boundary, overbearing and has a significant impact on the neighbouring property's privacy.
Department of Infrastructure (DOI) Highways Division
No ObjectionDo not oppose; DNO on 25.09.2019
The original application for alterations and extensions including a side/north extension, utility/garage extension, and patio doors was refused by DEFA Planning primarily for loss of privacy to No 7 Mourne View due to overlooking from the elevated extension and enlarged terrace, conflicting with GP2(g) and RDG. The appellant argued that window-to-window distances exceeded 20m, existing mutual overlooking precedents existed, and proposed screening would mitigate impacts. The inspector, after site visit and inquiry, found the proposal acceptable in design and appearance but concluded it would cause unacceptable additional overlooking to No 7's rear decking and bedrooms due to level differences, unmitigable by conditions within the appeal scope. The appeal was dismissed, upholding the refusal under GP2(g) of the IMSP.
Precedent Value
Appeals must demonstrate overlooking impacts are assessed on individual merit, not generalised mutual overlooking; significant topography differences demand stricter privacy safeguards beyond 20m RDG, with screening conditions unreliable without evidence of efficacy. Future applicants should submit detailed mitigation schemes pre-application or via revised proposals.
Inspector: Brian J Sims
