8 June 2004 · Minister for Local Government and the Environment (via Hon. D. C. Cretney MHK as deputy)
11, Ballacriy Park, Colby, Isle Of Man, IM9 4lt
The application sought approval for a single-storey side extension measuring 14.2m long to a detached bungalow, providing three additional bedrooms and a bathroom, plus a larger replacement rear conservatory. The site is in Ballacriy Park, a high-density estate of single-storey bungalows on a cul-de-sac.
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The Planning Committee refused as the extension's size and 1.5m proximity to No.10 boundary would adversely impact that property's amenities through overbearing effect and privacy loss from overlookin…
Arbory and East Rushen Local Plan Policy 4.8
Policy supports alterations/extensions in residential areas unless harming appearance or surrounding impact. Officer found visual/streetscene acceptable given estate density; Committee/Inspector found neighbour amenity harm and overdevelopment tipped against, out of character despite principle support.
no views, no adverse traffic impacts
no objection in principle subject to no surface water to foul sewers and connection fees
Multiple third-party objections from neighbours, MHKs, and Arbory Parish Commissioners cite overdevelopment, loss of privacy, overbearing impact, and unneighbourly form; DOT Drainage Division has no objection subject to surface water conditions; Highways Division has no comment.
Key concern: overbearing impact and loss of privacy to neighbouring property at 10 Ballacriy Park
Department of Transport Drainage Division
Conditional No ObjectionNO OBJECTION In principle subject to:; There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s)
Conditions requested: There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s) so as to comply with the requirements of the Department of Transport Drainage Division and the Sewerage Act 1999; The applicant is required to establish where the existing surface water from the property is disposed and discuss this matter with the Drainage Division prior to work commencing on site; The applicant is requested to supply the Division a copy of any Building Control Application in relation to the surface water discharge from this development
Department of Transport Drainage Division
Conditional No ObjectionNO OBJECTION in principle, but subject to:; If this "existing drainage" discharges (directly or indirectly) to the foul sewerage system then it should be noted that an alternative means of surface water disposal must be provided
Conditions requested: There must be NO discharge of surface water (including that from roofs and paved areas) from this proposed development to any foul drainage system(s); The applicant is requested to supply the Division a copy of any Building Control Application in relation to the surface water discharge from this development
Department of Transport Highways Division
No CommentThe 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.
Arbory Parish Commissioners
ObjectionThe Commissioners are of the opinion that this proposed development represents over intensive use of the plot and is un-neighbourly.
Arbory Parish Commissioners
No CommentThe Commissioners have no further comments to make in respect of this application.
The original application PA 04/00529/B for alterations, extension adding bedrooms and bathroom, and replacement conservatory was refused by the Planning Committee on grounds of adverse impact on No.10 Ballacriy Park through overbearing effect and loss of privacy. Appellants argued minimal change to views and privacy due to angled orientation, no direct facing windows, lower heights than permitted development alternatives, and consistency with estate precedents under Policy 4.8. The inspector, after public inquiry and site inspection, found the extension would be seriously dominant and overbearing to No.10, cause loss of privacy and perception of overlooking, result in overdevelopment leaving little amenity space, and be out of character despite angled siting and comparators. The Secretary accepted the recommendation to dismiss the appeal.
Precedent Value
Even in dense bungalow estates, extensions within 1.5m of boundaries can fail if they dominate neighbour outlooks or create overlooking perception, regardless of comparators or permitted alternatives. Future applicants must demonstrate proposals respect unique site relationships and retain adequate separation/amenity space.
Inspector: J Trevor Graham
