5 March 2021 · Delegated - Head of Development Management (Stephen Butler)
Harmony View, Hill Park, Ballakillowey, Colby, Isle Of Man, IM9 4bf
The proposal involved constructing a modern two-storey house with dark tiles, cladding on the upper floor, render below, solar panels, a south-facing balcony with glass balustrade, and large rear glazing, plus a detached 7m x 7m garage 3.5m from the road with 25 sq m of first-floor accommodation including a bed, sofa, …
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The officer concluded the proposal would have an acceptable impact on Strathcona and Horizon due to distances (33m and 11m) and window sizes, but significant harm to Longmead's rear garden privacy fro…
General Policy 2
Requires development to respect site/surroundings in siting, layout, scale, form, design (b); not adversely affect landscape/townscape character (c); not adversely affect amenity of residents or locality character (g). Officer assessed proposal fails these due to privacy harm to Longmead from balcony/glazing (g) and design/garage not respecting traditional character (b,c,g).
Spatial Policy 5
Requires new development to make positive contribution to Island's environment. Officer deemed design out of keeping, not sitting comfortably with traditional or modern nearby properties.
Environment Policy 42
Requires new development in settlements to account for local character/identity of buildings/landscape; no inappropriate backland or removal of green spaces. Site residentially zoned so principle ok, but officer noted not backland yet design harms character.
No significant road safety or highway network efficiency issues. No opposition subject to condition that vehicular arrangements including visibility splays accord with drawing No. JH-20-01 and advisory for S109(A) Highway Agreement.
Support the application.
Highway Services raised no objection subject to conditions on vehicular arrangements. Arbory and Rushen Parish Commissioners supported the application. A neighbouring resident strongly objected on grounds of design and loss of privacy.
Key concern: design incongruent with local character and significant loss of privacy
Department of Infrastructure Highway Services
Conditional No ObjectionThe proposal raises no significant road safety or highway network efficiency issues. Accordingly, Highway services raise no opposition to the proposal subject to the condition that vehicular arrangements, including visibility splays, accord with drawing No. JH-20-01.; Consideration should be given to the provision of an electric vehicle charging point to aid the island’s climate change objectives.; The alterations to the highway, in the form of creating a new access, will require a Section 109(A) Highway Agreement to be made post planning consent.
Conditions requested: vehicular arrangements, including visibility splays, accord with drawing No. JH-20-01
Arbory and Rushen Parish Commissioners
SupportThe following applications were considered and supported by the Board.; e) 20/01404/B Land Adjacent To Longmead Ballakillowey Road. Construction of new dwelling and detached garage.
Strathcona
ObjectionWe are writing to object to the aforementioned application primarily on the grounds of design and loss of privacy which are material considerations.; this new iteration which seems to have reverted back to being completely oblivious to its surroundings.; this design will indeed erode the local character and sense of place of Ballakillowey and should be refused.; this proposal will enable views directly into three bedrooms, a lounge, a dining room, and our main reception room.; We object to the development of this annexe on both design reasons and further use intensification.
The original application for a new Passivhaus-standard dwelling and garage was refused by DEFA for failing GP2(b),(c),(g) due to design out of keeping with traditional Manx cottages and significant privacy impact on Longmead's garden from balcony and glazing. Appellant argued narrower PA characterisation of mixed area, minimal privacy harm per RDG distances/fence, Passivhaus benefits under SP1, and possible conditions. Council defended refusal emphasising traditional roadside character transitions and unmitigable balcony overlooking. Inspector found proposal harmed traditional roadside character per GP2(b),(c), SP3, SP5 despite mixed wider area, and caused unacceptable overlooking of Longmead garden per GP2(g) despite distances. Eco-benefits weighed lightly as other designs possible; no conditions viable. Appeal recommended dismissed.
Precedent Value
Reinforces primacy of immediate roadside/streetscene character over wider mixed areas; Passivhaus benefits secondary to GP2 harms unless uniquely required; balcony privacy assessed on elevated 'grandstand' potential even if shallow/distanced; conditions rarely overcome fundamental design flaws.
Inspector: Anthony J Wharton BArch RIBA RIAS MRTPI
