Hawthorne Cottage, Church Road, Maughold, Isle Of Man, IM7 1as
The proposal at Hawthorn Cottage, a two-storey detached property in Maughold Village Conservation Area, involved retrospective replacement of rear decking and wooden fencing with elevated plastic decking and glass balustrade, plus amendments to a previously approved front boundary wall (changing from block on flat to b…
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The proposals fail the Section 18(4) test of the Town and Country Planning Act (1999) as they do not preserve or enhance the Maughold Conservation Area, causing material harm through detrimental visua…
General Policy 2
Requires general development considerations including (b) design and visual impact, (c) neighbouring amenity, and (g) conservation of character. Officer assessed the decking, balustrade, and wall as causing detrimental visual impact, dominance, and overlooking, failing these tests in the conservation area context.
Environment Policy 35
Requires preservation or enhancement of Conservation Areas. Proposals fail as they introduce incongruous modern features (plastic decking, glass balustrade) contrasting traditional materials, causing material harm to character without enhancement.
Environment Policy 42 - character and need to adhere to local distinctiveness
Requires designs to respect locality character and identity. Slimmer wall without capping reads at odds with neighbours and street scene, causing visual harm in conservation area.
Spatial Policy 5
Addresses design and visual impact. Principle of development in curtilage acceptable but specific designs fail visual impact test.
Housing Policy 15
For extensions/alterations to traditional properties in countryside; proposals increase non-traditional impact when viewed publicly.
Do not object
No objection subject to a condition to seek measures to prevent bird strikes on the clear glass balustrade
Garff Commissioners object to application 25/90508/B due to unresolved overlooking issues from raised decking and inadequate fencing height, similar to their objections to the previously refused application 24/91266/B.
Key concern: severe overlooking into neighbouring bungalow from raised decking and hot tub
Garff Commissioners
ObjectionThe Commissioners Object to these proposals on similar grounds to the objections they expressed the previous application 24/91266/B.; The new application is effectively the same as the recently refused application and does nothing to resolve the primary issue of overlooking.; This severely compromises the privacy of the residents of the bungalow who have expressed their concerns to the Commissioners.; The overlooking situation has not changed as the fence will sit at about the same height as the hot tub which is placed adjacent to the fence.
Conditions requested: applicant liaises with neighbouring resident before submitting more retrospective applications; reiterate screening vegetation condition from previous approval to conceal garden sheds