3 October 2005 · Planning Committee (review decision)
114, Summerhill Road, Onchan, Isle Of Man, IM3 1nj
The proposal involved converting the roof of an existing rear garage (6.8m x 5.57m, projecting 9.6m from the dwelling) into a terrace with 1m high timber/uPVC posts and frosted glass panels, accessed by an existing spiral staircase.
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The Planning Committee refused because 'the use of the garage roof as a roof terrace would lead to significant overlooking of adjacent rear garden areas and into neighbouring rear windows', detracting…
recommend that the application be Approved particularly as no objections to the proposals have been received from adjoining or other property owners in the immediate vicinity
no adverse traffic impacts arising from the proposed development
Highways Division has no objection due to no adverse traffic impacts; Onchan Commissioners consistently recommend approval citing no objections from neighbours.
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.
Onchan District Commissioners
SupportThe Commissioners would recommend that the application be APPROVED for planning purposes only.
Onchan District Commissioners
SupportThe Commissioners would continue to recommend that the application be Approved particularly as no objections to the proposals have been received from adjoining or other property owners in the immediate vicinity.
Onchan District Commissioners
SupportThey therefore continue to recommend that the application be Approved particularly as no objections to the proposals have been received from adjoining or other property owners in the immediate vicinity.
The original application (05/01362/B) for erection of a roof terrace/garden above the flat-roofed garage was refused by the Planning Committee on 23 November 2005 following an initial refusal and review, citing significant overlooking of adjacent rear gardens and windows, detracting from residential amenity. The appellant argued no neighbour objections, prior informal use without complaint, minimal additional overlooking compared to existing views from roads or house windows, and benefits like improved sun exposure. The Planning Committee defended the refusal emphasizing increased overlooking to properties at 112, 116 Summerhill Road and Strathallan Hall Cottage. The inspector, after written representations and site inspection on 30 January 2006, concluded the proposal would substantially increase overlooking and loss of privacy from an elevated position, unacceptably harming neighbours' amenity despite no objections. The appeal was recommended dismissed on 13 February 2006.
Precedent Value
This appeal demonstrates that even without neighbour objections and prior informal use, proposals facilitating elevated overlooking from roof terraces will be dismissed if a site visit reveals unacceptable privacy loss to amenity standards. Future applicants must provide detailed overlooking assessments (e.g. sightline drawings) and consider screening beyond 1m glass panels.
Inspector: Andrew D Kirby
