13 November 2013 · Planning Committee
Ashleigh, Ballacraine, St. Johns, Isle Of Man, IM4 3ls
The proposal involved a single storey rear extension linking to a two storey extension, a conservatory to the rear, a porch to the front, and specific windows in the gable end of the original dwelling, including a smaller first floor window and a high level kitchen window.
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The officer assessed the proposal against the residential zoning and found the extensions acceptable in design, scale, and street scene as they incorporated the original building traditionally and fit…
Residential Policy RES/P/5 (St John's Local Plan)
Requires appropriate extensions and alterations to existing property to be generally acceptable outside specified development areas. Officer noted presumption in favour of extensions in residential areas and found proposal complies as located in predominantly residential zoning.
Policy RES/P/6
Prohibits residential development adversely affecting historic setting of Tynwald Hill. Not an issue as site not impacting this setting.
General Policy 2
Requires development not to adversely affect amenity of local residents (g) or character of locality. Officer found design respects surroundings (b,c) but windows cause amenity loss to neighbour via overlooking (g); Committee accepted with conditions.
Time limit
The development hereby permitted shall be commenced before the expiration of two years from the date of this notice.
Approved plans
The development hereby permitted shall not be carried out except in full accordance with the following plans ALLA LP/13 and ALLA SP/13 received 29th April 2013 and PALL-FR/A13, PALL-GE/A13, PALL-FF/A13, and PALL-GF/A13 received on 2nd September 2013.
Kitchen window obscure glazing and restrictor
Prior to the occupation of the dwelling the ground floor high level kitchen window shall be fitted with an opening restrictor and obscure glazing both of which shall be retained thereafter.
The original application 13/00511/B for extensions and alterations (including amendments to previous approvals) to the dwelling at Ashleigh was permitted by the Planning Committee on 13 November 2013 despite prior officer recommendations for refusal on privacy grounds in related application 12/01543/B. Third-party neighbours Mr & Mrs Johnson, as appellants, argued the two rear-facing windows caused severe overlooking and intrusion into their private garden space, referencing previous senior officer views for refusal and suggesting alternatives like Velux windows. The applicant and planning authority contended the windows were small, conditioned (obscure glazing, restrictors), screened, and acceptable in a residential context per policy. Inspector Langton, after site visit, found the overlooking limited and not undue compared to typical neighbourly relations, with kitchen window adequately mitigated, concluding no unacceptable harm to residential amenity under GP2(g) and para 8.12.1. The Minister (delegated to Hon J P Watterson MHK) accepted the recommendation on 28 May 2014 to dismiss the appeal and confirm the approval with existing conditions.
Precedent Value
This appeal demonstrates third-party challenges to approvals can fail if inspector finds harm finely balanced and policy-compliant with conditions; applicants should emphasise mitigations like glazing/restrictors and site-specific realities over officer history; neighbours learn objective overlooking assessments prevail over perceptions in residential contexts.
Inspector: Alan Langton
