3 November 2009 · Minister for Local Government and the Environment, following report by Inspector David Bushby
115, King Edward Road, Onchan, Isle Of Man, IM3 2ax
The proposal involved enclosing a small central section (approximately 7.4m x 2.5m) of the existing flat roof at second floor level in front of a bedroom/observatory with a balustrade to create a roof patio, primarily for safety and appearance reasons.
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The officer's report (by Anthony Holmes) identified that the proposed patio occupied the exact 'main flat roof section surrounding the observatory' restricted by Condition 3 in prior approvals 05/9231…
General Policy 2
Requires development not to adversely affect amenity of local residents (GP2(g)). Officer assessed the patio would cause unacceptable harm to privacy of 113 via overlooking, failing this test; Inspector agreed it seriously harmed living conditions despite small scale.
Policy O/RES/P/21 of the Onchan Local Plan (Planning Circular 1/2000)
Permits extensions/alterations if appropriate in scale, massing, design, appearance and impact on adjacent property. Proposal deemed inappropriate due to adverse amenity impact on 113; prior conditions reinforced this restriction on roof use.
no objection, recommended approval, nothing further to add to initial support
Construction Design Ltd objected due to overlooking concerns breaching a prior planning condition and policy; Onchan District Commissioners supported the application and had no objection to the appeal.
Key concern: overlooking breaching prior Condition 3 and Island Strategic Plan Policy 2(g)
Construction Design Ltd
ObjectionThe proposed patio area would result in overlooking of my client's front garden, bedroom window and first floor sun-lounge windows thus adversely affecting the amenity value of their property.; This overlooking and resultant effect on the amenity value is contrary to the Island Strategic Plan; General Policy 2 (g) and for this reason alone must be refused.; Condition No. 3; The main flat roof section surrounding the observatory be restricted to access for repair and maintenance only and is not to be used for recreational purposes, which would cause an adverse impact on the neighbouring properties through overlooking.
Onchan District Commissioners
SupportThe Commissioners recommend that the application be APPROVED for planning purposes only.
Onchan District Commissioners
No ObjectionThe Commissioners have nothing further to add or detract from their views made at the initial stage that the application be approved.
The original application for a small enclosed roof patio on the central section of the top floor flat roof was refused to protect neighbour amenity in line with previous conditions restricting recreational roof use. The appellant argued no increase in overlooking due to existing views from windows and balcony, compliance with prior approvals, and minimal impact given the site's configuration and small scale. The council defended the refusal citing breach of prior conditions and policies protecting privacy. The inspector found that despite existing overlooking, the patio would cause additional unacceptable loss of privacy to No. 113, particularly its side windows and rear garden. The appeal was dismissed on 9 February 2010, upholding the refusal.
Precedent Value
Appeals cannot succeed by claiming existing overlooking; inspectors will prevent incremental privacy erosion even from small features. Site visits are critical; applicants must prove no additional harm beyond existing, with prior conditions strictly interpreted for their intent.
Inspector: David Bushby
