20 December 2010 · Minister for Infrastructure (via appeal decision by I T Thompson, Chief Executive)
5, Greenlands View, Ramsey, Isle Of Man, IM8 2pb
The proposal involved erecting a two-storey side extension (3.2m wide, 9.2m deep, 7.5m high), a single-storey rear extension (3.4m deep, 8.4m wide, 3.4m high) replacing an existing conservatory, alterations including a porch, an oil tank enclosure, and widening the driveway to provide two off-road parking spaces at a s…
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The officer initially found the proposal acceptable, noting the side extension design matched the existing property, the 1.4m forward projection was modest with no adverse street scene impact, adequat…
General Policy 2
Requires development in residential zoning to respect site/surroundings in siting/layout/scale/design, not adversely affect neighbour amenity or locality character, provide safe access/adequate parking, and not unacceptably affect road safety. Officer assessed proposal compliant overall: design matched existing, modest forward projection acceptable, parking achieved via amendments, minor overbearing to No.4 not significant (5m separation), oil tank screened. Appeal found failure on neighbour amenity due to oppressive gable.
Defer (initially due to parking, addressed by amended plans)
no objection subject to drainage connections and no surface water to foul sewers
Multiple neighbour objections and a formal objection from Ramsey Town Commissioners regarding visual impact, neighbour amenity, boundary issues, parking, and oil tank location; Highways Division deferred due to insufficient off-street parking shown on plans; Isle of Man Water and Sewerage Authority provided drainage requirements.
Key concern: insufficient off-street parking spaces shown on plans
Ramsey Town Commissioners
ObjectionThe Commissioners consider that the proposed extension is over intensive and unneighbourly particularly as the side extension would only be 200 mm from the boundary with No. 4, Greenlands View.
Isle of Man Water and Sewerage Authority
Conditional No ObjectionThe proposed alteration/extension must be connected to the existing drainage system to comply with Building Regulations
Conditions requested: proposed alteration/extension must be connected to the existing drainage system to comply with Building Regulations; if a new connection to the public sewer is required, this must be carried out in a manner acceptable to the Isle of Man Water and Sewerage Authority; All drainage works must conform to the requirements of the Isle of Man Water and Sewerage Authority's "Manx Sewers for Adoption" and all necessary inspections/surveys [including CCTV] are to be carried out at the developer's expense; Should this alteration/extension require a new connection to the public sewer, and in accordance with the Sewerage Act 1999, a communication fee will be payable; There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Isle of Man Water and Sewerage Authority and the Sewerage Act 1999
Highways Division
No CommentDefer; Drawing provided does not show that 2 x off street parking spaces can be provided (2.5 x 5 metres per space)
The original application 10/01427/B for alterations, a two-storey side extension, single-storey rear and front extensions, driveway widening, and oil tank relocation at a semi-detached dwelling in a cul-de-sac was permitted by the Senior Planning Officer on 14 December 2010, finding it compliant with Policy 2 of the Strategic Plan. Ramsey Town Commissioners appealed, arguing the development was over-intensive, unneighbourly, and harmful to visual amenity, particularly due to the side extension only 200mm from the boundary with No.4. Third parties from Nos.4 and 6 raised similar concerns on light loss, overbearing impact, maintenance access, parking, oil tank position, and inaccurate plans. The Planning Authority defended the approval, citing acceptable design, parking standards, and minimal amenity harm. The inspector held a public inquiry on 16 March 2011, agreed with most objections on street scene and oil tank issues but found them insufficient for refusal; however, deemed the side extension's large gable wall oppressive and harmful to daylight at No.4's rear/kitchen windows, recommending the appeal be allowed and permission refused.
Precedent Value
This appeal demonstrates that even where an LPA grants permission, neighbour amenity harm from daylight reduction and overbearing mass near boundaries can decisively overturn approval at inquiry, particularly where the wall creates an oppressive 'tunnelling' effect on dull days. Future applicants should ensure side extensions maintain adequate separation/daylight to neighbours' key habitable rooms and address maintenance perceptions.
Inspector: David Ward
