15 November 2004 · Minister for Local Government and the Environment
13, Church Close, Lonan, Laxey, Isle Of Man, IM4 7jy
The proposal was for retrospective permission to retain a prefabricated wooden play frame with slide, platform at 1.45m and pitched roof ridge at 3m above ground, positioned 1-2m from the boundary fence with No.12 Church Close in the back garden of a 2-storey detached house.
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The independent Inspector concluded the play frame likely did not require planning permission as it was not 'operational development' but a prefabricated kit easily assembled/dismantled, akin to a cha…
no views, no adverse traffic impacts
Lonan Parish Commissioners initially supported then opposed the play frame application due to privacy and visual impacts, with later reaffirmation of refusal; Highways Division had no objection; neighbours Mr & Mrs Sykes objected strongly on privacy loss and overlooking.
Key concern: overlay invasive to the adjoining properties
Lonan Parish Commissioners
Supportthe board has approved the above Planning Application
Lonan Parish Commissioners
No CommentThe Board of Commissioners have no additional comments to make with regard to this application.
Lonan Parish Commissioners
ObjectionThe Board remains opposed to this application; no objection in principle to a playframe provided that it is constructed at a lower level, thus out of sight of the nearest properties
Highways Division, Department of Transport
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.
The original application for retrospective permission for a prefabricated child's play frame/slide was refused by the Planning Committee primarily due to overlooking and loss of privacy to No 12 Church Close. The appellant argued it was not operational development, had finite life, and offered to panel the side facing the neighbour, while highlighting hypocrisy given the neighbour's own structure. The inspector concluded planning permission was probably not required as it was a chattel incidental to residential use, but on merits found minor, occasional overlooking acceptable in family housing context. The appeal was allowed by the Minister on 14 May 2005 without conditions.
Precedent Value
Sets precedent that small prefabricated children's play equipment may not require planning permission if easily dismantled and incidental to residential use. Future applicants can succeed by demonstrating occasional amenity impacts acceptable in suburban family settings over rigid privacy expectations.
Inspector: Michael Hurley
