28 May 2013 · Senior Planning Officer (delegated authority)
Pine Lodge, Baldhoon Road, Laxey, Isle Of Man, IM4 7na
The proposal sought retrospective permission for a garden store (2m high, 5.6m long, 3.9m wide) with a terrace above, featuring glazed balustrades and a 1.8m brick wall, built 0.1-0.2m from the boundary with neighbour Shanti Ne Ketan in an unused garden area.
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The officer assessed the retrospective garden store and terrace, sited 0.1-0.2m from neighbour Shanti Ne Ketan, noting it significantly increased overlooking already present via existing windows and t…
General Policy 2
Requires development not to adversely affect amenity of local residents or character of locality under (g). Officer found terrace significantly increased overlooking into neighbour's private areas beyond existing levels, causing severe privacy loss; this tipped balance against approval despite minor scale. Para 8.12.1 presumes favour of extensions in built-up areas only if no adverse neighbour impact, which was failed.
Residential Policy 1 of Laxey and Lonan Area Plan Order 2005
Permits alterations/extensions to existing properties if sympathetic to character/appearance of building and surroundings in residential zones. Site in Predominantly Residential area; officer noted development replaced unused garden but did not assess as conflicting, focusing refusal on amenity.
no objection
does not oppose
The original application for a retrospective garden store with terrace was refused on 28 May 2013 by a Senior Planning Officer for adverse impact on neighbour's amenity via overlooking, contrary to General Policy 2(g) of the Isle of Man Strategic Plan 2007. Appellant argued pre-existing mutual overlooking, innocuous store, and proposed balustrade modifications including obscure glazing or repositioning to mitigate issues. Council defended refusal citing increased proximity and duration of overlooking from terrace use. Inspector noted inherent high overlooking between properties, rejected non-planning matters like maintenance and values, and found repositioned 1.1m clear balustrade sufficient to meet policy aims without excessive screening. Minister accepted recommendation on 9 August 2013, approving with conditions tying to revised drawings and requiring balustrade changes within 6 months.
Precedent Value
In tightly constrained sites with pre-existing overlooking, inspectors may allow minor terrace/outbuildings if conditioned to restore pre-works visibility levels (e.g. balustrade repositioning), prioritising balanced amenity over zero impact. Future applicants should provide revised drawings showing mitigations and reference permitted development comparators.
Inspector: Alan Langton
