15 November 2013
25, Close Famman, Port Erin, Isle Of Man, IM9 6bl
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Planning approval 13/91177/B was granted on 15 November 2013 for erection of a detached 3-bedroom dormer bungalow subject to conditions, including Condition 3 requiring rear dormer windows to be obscured to Pilkington Level 5 and top-hinged to prevent overlooking. The appellant argued the condition was based on incorrect assessment of bedroom layouts, as one bedroom has no front window, making obscured glazing unacceptable for internal amenity, and claimed no direct overlooking due to geometry. The Council and Healeycroft Ltd (owners of neighbouring apartments) defended the condition to safeguard privacy, noting close proximity and direct overlooking into flats' bedrooms. Inspector Alan Langton acknowledged the condition's false premise but found clear glazing would cause unacceptable mutual overlooking below 20m standard, balancing amenities under Strategic Plan GP2(g) in favour of retaining the condition. The appeal was dismissed on 29 May 2014 by Hon T M Crookall MHK, confirming all three conditions.
Precedent Value
Even if a condition is based on incorrect facts, inspectors may uphold it if overall policy balance (e.g. GP2(g)) favours neighbour amenity over appellant's options to amend. Future appellants should prioritise evidence of actual overlooking impacts and neighbour bedroom privacy over internal layout arguments alone.
Inspector: Alan Langton
