11 October 2004 · Minister for Local Government and the Environment (following independent inspector recommendation)
13, All Saints Park, Lonan, Laxey, Isle Of Man, IM4 7la
The proposal sought retrospective permission for a 4.2m square timber decking structure on vertical columns with cross bracing and 1m high trellis screening, erected in the steeply sloping rear garden of a first-time buyer semi-detached two-storey house.
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The inspector noted the decking's stark prominence from below creates a perception of overlooking, adding to the dominance of the elevated two-storey dwellings on the steep slope.
Retain screening trellis
The screening trellis must be retained at all times.
Replace bracing
Within three months of the date of this notice, the timber cross bracing must be removed and replaced with wire braces, which would be less intrusive, whilst still achieving the necessary structural stability.
Planting scheme
Within three months of the date of this notice, a planting scheme must be submitted for the approval of the Planning Committee, having the object of softening the vertical emphasis of the structure, and infilling in front of the space beneath it. The approved planting scheme should be subject to a maintenance requirement that any trees or shrubs which fail to establish within the first five years should be replaced with others of similar size and species; and that the approved scheme is implemented within the first planting season following the approval of the scheme.
no objection, though noted dominant when viewed from below
no adverse traffic impacts
Mixed responses including no objection from Highways Division, initial approval then objection from Lonan Parish Commissioners, and strong objections from neighbour Sean Orton citing overlooking and dominance; application was refused.
Key concern: elevated decking causing overlooking and loss of privacy to neighbouring property
Sean Orton
ObjectionThis overlooking has been exasperated by the construction of two elevated decked verandas; the elevated veranda maximises the impact of the adjacent dwellings on my home; it is certainly visible and very dominant when viewed from my property
Lonan Parish Commissioners
Objectionthe perception held by the applicant that his development is not dominant, when viewed downhill, is in stark contrast when viewed from below; The Board does not believe that All Saints Park should have been permitted in its present form
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
Lonan Parish Commissioners
Supportthe board has approved the above Planning Application. This is subject to the approval of the Planning Committee
The original application for retrospective decking in the steeply sloping rear garden was refused by the Planning Committee due to overlooking and dominance impacting the amenity of the neighbouring property below (Croit-e-Callow). The appellant argued the decking was necessary to make the unusable garden viable for first-time buyers, did not increase overlooking beyond existing views, and would be softened by planting. The Council defended the refusal citing negation of 20m separation and re-grading measures from the parent development (PA00/1342). The inspector acknowledged the decking's prominence and perceived overlooking but balanced this against the poor original design, steep slope dangers, and limited real overlooking, recommending approval with conditions for trellis retention, wire bracing replacement, and planting scheme. The decision endorsed this recommendation.
Precedent Value
This sets precedent that decking on steep slopes in poor original designs can be permitted with strong mitigation conditions, even in contentious developments; future appellants should prioritise safety/necessity arguments, provide visual evidence, and propose planting/structural changes proactively.
Inspector: David Ward
