11 November 2010 · Senior Planning Officer (delegated under Article 3(13) of the Town and Country (Development Procedure) Order 2005); Appeal dismissed by Minister
14, Queens Avenue, Douglas, Isle Of Man, IM1 4da
The proposal sought to demolish an existing first-floor conservatory and part of a ground-floor garage at the rear of a residential property in a Conservation Area, replacing them with a larger garage extending to the rear boundary, a first-floor sun lounge projecting 3m, and a balcony area surrounded by 1.5m high wall…
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The Senior Planning Officer refused the application because the proposal's siting, design and height would cause demonstrable harm to No.13 Queens Avenue through overshadowing, loss of light, increase…
General Policy 2
General Policy 2 requires development to respect amenity, character and not harm neighbours. The officer assessed the proposal's projection (3m to No.13 boundary), height increase (5.8-5.9m), and 1.5m balcony wall, finding failure due to overbearing/overshadowing to No.13 yard and overlooking to both neighbours' yards; no mitigation possible without worsening impacts.
Environment Policy 35
ENV35 requires Conservation Area development to preserve or enhance character/appearance and protect special features. Assessed as compliant on balance: demolition of poor-quality conservatory and replacement viewed as enhancement to visual amenities of rear lane and area generally, despite larger scale and visibility.
No highway or parking implications; no objections. Do not oppose; has no traffic management, parking or road safety implication.
No objections.
No objection in principle subject to 2 drain systems combine at the curtilage boundary.
Douglas Corporation has no objection to the application. Drainage Services has no objection subject to separation of surface and foul water drainage combining at the curtilage boundary. Highways Division does not oppose the application with no traffic management, parking or road safety implications.
Douglas Corporation
No ObjectionDouglas Corporation have no objection to the proposals listed below.
Drainage Services
Conditional No ObjectionNo Objection in Principle subject to:- 2 Systems combine at curtilage boundary
Conditions requested: The surface and foul water drainage from the existing and proposed rear extension must be separated and combine at the curtilage boundary at the rear of the property. Exact details of the drainage layout must be provided to the Borough of Douglas Drainage Section for approval, prior to any work commencing on site.
Highways Division
No ObjectionDo not oppose has no traffic management, parking or road safety implication
The original application for demolition of existing conservatory and part garage, replaced by larger garage with sun lounge and balcony above, was refused by Senior Planning Officer on 8 November 2010 under delegated powers for harm to amenities of Nos. 13 and 15 Queens Avenue via overshadowing, overbearing impact, visual intrusion, overlooking and loss of privacy, contrary to General Policy 2. Appellant argued reduced overlooking compared to existing, minimal additional overshadowing, and precedents for similar balconies, proposing frosted glass balustrade as alternative. Inspector agreed with council on harm to No.13's amenities from 1.5m balcony wall but noted existing conservatory already overlooks both neighbours and proposal enhances visual amenities in Conservation Area. Inspector suggested 1.8m obscure glass balustrade could mitigate issues but as not part of scheme, recommended dismissal on 11 February 2011. Minister accepted recommendation and dismissed appeal on 3 March 2011, without prejudice to new application.
Precedent Value
Dismissal shows solid high balcony walls in tight terraced rear yards fail on neighbour amenity despite existing issues; applicants should submit mitigated designs (e.g. 1.8m obscure glass) upfront with precedents, avoiding plan errors.
Inspector: David G Hollis
