27 July 2010 · Senior Planning Officer (delegated under Article 3(13) of the Town and Country (Development Procedure) Order 2005)
Thie Y Chiern, 40, Mountain View, Peel, Isle Of Man, IM5 1qf
The proposal involves adding a modest single storey extension (3.8m x 4m, flat roof, 2.4m internal height) to the rear living room of a detached bungalow in a predominantly residential area, along with widening the driveway from 3m to 5m for better access, particularly for wheelchair users.
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The officer considered General Policy 2 of the Isle of Man Strategic Plan, assessing siting, scale, design, amenity, and access.
General Policy 2
Requires development to respect site/surroundings in siting/layout/scale/design (b), not adversely affect character of landscape/townscape (c), not adversely affect amenity of residents or locality character (g), and provide safe/convenient access and parking (h). Officer tested against neighbour amenity (light/overbearing/overlooking), scale/design, character, and access; found compliant due to flat roof, 2m setback, no overlooking windows, and modest scale.
Extensions to Dwellings in built up areas or sites designated for residential use
Presumption in favour of extensions to existing property in built-up areas (not Conservation/Registered Building) where no adverse impact on adjacent property or surrounding area. Officer applied this directly, concluding impact on neighbour present but 'not to the detriment of the enjoyment of that property' due to design mitigations.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This permission relates to the erection of an extension and widening of existing driveway and vehicular access shown in drawing JM/1/10 and Photo Sheet received 12th February 2010.
Do not oppose subject to the imposition of the following condition: The applicant shall contact the Network Operations Section of the Department of Transport prior to carrying out any works within the highway, including the installation of dropped kerbs. Telephone 686665.
Approved / RECOMMENDED FOR APPROVAL
The original application for erection of a single-storey extension and widening of the driveway at 40 Mountain View was permitted by the Senior Planning Officer. Neighbours at 38 Mountain View appealed, arguing the extension would block all light to their living room, making it unusable in daylight, reduce property value, and penalise them for their property's orientation. The planning authority defended the approval, stating the extension was modest, some light loss was acceptable, and prior extensions to No.38 should not prejudice No.40. The inspector, after a site visit, found limited overshadowing due to separation distance, low height, and flat roof; noted prior extensions to No.38 relied on airspace behind No.40; concluded impact on amenity was not harmful enough to refuse; and recommended dismissing the appeal. The Minister accepted the recommendation on 8 December 2010, confirming the approval.
Precedent Value
Confirms that prior extensions reducing a neighbour's light sources do not give veto rights over adjacent developments; modest single-storey extensions with setbacks/low profiles likely acceptable even if some light loss; better to approve controlled scheme than risk permitted development.
Inspector: Graham Self