2 February 2004 · Minister for Local Government and the Environment
11, Brunswick Road, Douglas, Isle Of Man, IM2 3lh
The proposal involved replacing an existing first-floor window with a door to access the flat roof of a recently built rear kitchen extension at 11 Brunswick Road, a terraced Victorian house, and erecting a 1.5m high screen along the boundary with No.13 to create private outdoor amenity space.
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The Planning Committee refused due to unacceptable loss of privacy to adjoining dwellings from balcony use, judging the proposed screening (despite revisions) 'not totally effective in mitigating this…
Details of screen and balustrade
Not later than 2 months calculated from the date of this appeal decision detailed drawing to a scale of 1:50 indicating the precise form, materials and finishes of the screen fencing and of the safety balustrade shall be submitted to the planning authority for approval.
Installation timeframe
Within 2 months of the date that the planning authority approves the details the screen fencing and safety balustrade shall be put in place strictly in accordance with the approved details and, thereafter, shall be permanently retained.
no objection, no adverse traffic impacts
no objection
satisfied after discussion, substantial screen ensures privacy (later withdrew support)
fully satisfied with plans, privacy respected
Douglas Corporation and Highways Division both issued no objection to the application; neighbour representations include objections on privacy and character grounds alongside support letters from other neighbours following privacy screening assurances.
Borough Of Douglas Borough Engineer And Surveyor's Department
No ObjectionDouglas Corporation have no objection to the proposals listed below.; 03/01757/B Installation of door to replace existing first floor window to access flat roof of extension and erection of a screen, to rear elevation, 11 Brunswick Road
Department of Transport Highways Division
No ObjectionThe Highways Division of the Department of Transport has no views on the following application, the application having been considered and having no adverse traffic impacts.
Borough Of Douglas Borough Engineer And Surveyor's Department
No ObjectionI do not wish to add to the comments already submitted on behalf of Douglas Corporation.
The original application (03/01757/B) for installing a door replacing a first-floor window to access the flat roof of a kitchen extension and erecting a screen was refused by the Planning Committee due to loss of privacy to adjoining dwellings despite screening proposals. Appellants argued the development would provide needed private outdoor space, immediate neighbours supported it, screening would prevent overlooking, and similar roof terraces exist nearby. The Council defended refusal claiming screening was unclear and ineffective against privacy loss. The inspector, following a public inquiry and site inspection, found screening adequate in the dense urban context with neighbour support, but required detailed drawings by condition. The appeal succeeded with approval subject to conditions.
Precedent Value
This appeal shows that in dense urban terraces, roof terraces can be approved if immediate neighbours support and screening details are conditioned for clarity, even against council refusal on privacy grounds. Applicants should secure neighbour letters and offer detailed plans to overcome ambiguity objections.
Inspector: G Farrington
