21 November 2005 · Minister for Local Government and the Environment
115, King Edward Road, Onchan, Isle Of Man, IM3 2ax
The proposal involved demolishing an existing small integral garage and building a new detached double garage (6.6m x 6.6m, max height 7.2m) with guest room and en-suite above in the steeply pitched roof, accessed by external rear staircase, plus French doors and 1m x 3.5m balcony on the front, and excavating the rear …
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The Inspector identified main issues as overlooking/loss of privacy to neighbours and impact on residential character. For No.63 Howe Road (15m rear), direct overlooking from rear window/door could be…
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to the submitted documents and drawings 1797/1 and AT 756.1 all received on 16 September 2005.
Obscure glazing
Before the development hereby permitted is first occupied obscure glazing (Grade 5) shall be installed in the window and door in the north elevation of the first floor guest room and thereafter it shall be kept and maintained.
Balcony removal
Prior to the commencement of any building operations, there must be submitted to and approved by the Planning Committee large-scale (1:50 or better) detailed drawings, including sections, showing the removal of the balcony and French doors and their replacement with a single window at first floor level. The development shall be carried out in accordance with the approved amendments.
Ancillary use only
The proposed accommodation above the double garage extension may be used only in association with the main house, No. 115 King Edward Road, and for purposes ancillary or incidental to its use as a single dwellinghouse.
No roof windows
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no windows shall be constructed on the roof slopes of the building hereby approved.
recommend approval for planning purposes only
no adverse traffic impacts
no objection to the proposal
no objection
Highways Division and Onchan District Commissioners raised no objections; neighbour representations included one objection regarding privacy intrusion from a gable balcony/window and others with no objection but conditional privacy concerns.
Department of Transport Highways Division
No ObjectionNo adverse traffic impacts.
Onchan District Commissioners
SupportThe Commissioners would recommend that the application be APPROVED for planning purposes only.
The original application for demolition of existing garage and erection of a double garage with ancillary living accommodation above, including driveway alterations, was refused by the Planning Committee due to unacceptable overlooking of neighbouring properties and potential precedent harming the area's character. The appellant argued that site excavation, mature hedging, permitted development rights for garages, existing mutual overlooking, and lack of uniform character with a similar outbuilding at No.119 minimised impacts, supported by most neighbours and Onchan Commissioners. The inspector found overlooking from the rear window mitigable by obscure glazing, front overlooking from French doors acceptable due to planting but balcony unacceptable, and character impact minor given varied locality. Harm was satisfactorily addressed by conditions removing the balcony, replacing French doors with a window, obscure glazing, ancillary use restriction, and no roof windows. The appeal was allowed with these conditions.
Precedent Value
Appeals can succeed with conditions addressing specific harms like balconies; inspectors prioritise independent amenity assessment over neighbour objections/support, rewarding willingness to amend designs.
Inspector: Andrew D Kirby
