23 December 2013
46, Sea Cliff Road, Onchan, Isle Of Man, IM3 2jd
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The original application sought amendments to prior approval PA 12/01357/B, including detailed changes to the front elevation, a reinstated side window with obscure glazing, and a roof terrace over the garage, but was refused by the Onchan District Commissioners' Planning Committee on 23 December 2013 due to unacceptable amenity impacts on No 45 from the balcony. The appellant argued sufficient separation, screening, and reciprocity with approved windows at No 45, while the Council noted the Committee's override of the officer's favourable view on the terrace. The inspector found the front changes innocuous, approved the obscure-glazed side window with conditions, but deemed the roof terrace unduly intrusive and overbearing despite screening, contrary to amenity safeguarding policies. The appeal was allowed in part on 29 May 2014, approving all elements except the balcony.
Precedent Value
Demonstrates that elevated terraces/balconies close to boundaries can be refused despite screening if their presence causes unreasonable intrusion or unsettling activity perception, even without direct overlooking. Applicants should prioritise site visits and avoid reliance on neighbour precedents; separable elements can succeed partially.
Inspector: Alan Langton
