06/01623/BRefused

16 November 2006 · Delegated - Director of Planning and Building Control (M. I. McCauley)

Erection of a pair of semi-detached holiday cottages with parking

Old Builders Yard Adjacent To, 2, Droghadfayle Park, Port Erin, Isle Of Man, IM9 6er

Received22 Sept 2006

Validated25 Sept 2006

Decided16 Nov 2006

55 days

Received22 Sept 2006

Validated25 Sept 2006

Decided16 Nov 2006

55 days

Why was this refused?

Unneighbourly proximity and bulk to Primrose Lodge garden (1m to 18.5m rear elevation)
Cramped appearance on shallow plot lacking amenity space
Out of character with streetscene (two-storey semis vs single-storey detached)
Unsustainable holiday use likely leading to residential pressure
Previous appeal precedent (PA 01/2163 refusal upheld)

The proposal involved building two two-storey semi-detached holiday cottages, each with a lounge/kitchenette, three en-suite bedrooms, dormer windows, bay windows, and porches, on a shallow 25m x 12.2m site fronting Droghadfayle Park in a predominantly residential area.

Refusal Reasons

✗There has been a previous application for the erection of a single residential dwelling on this plot (PA 01/2163). That application was refused on appeal where the Inspector concluded that "such a situation would be very unneighbourly to the adjacent residents and create a poor standard of development in a location where most dwellings are sited within plots that provide adequate space around the property". Whilst this latest application proposes tourist accommodation, the buildings would present a longer and taller structure to the rear garden of Primrose Lodge and as such, these proposed buildings cannot fail to be as, if not more, unneighbourly than the building previously refused.
✗The provision of three bedroomed tourist units in this location are unlikely to be required or desired for tourist accommodation for the whole of the year and as such, the concerns expressed in respect of the previous decision regarding lack of amenity space and over-development would be equally applicable to this development.
✗The development would be out of keeping in the streetscene which is generally, on this side of the road, characterised by detached single storey properties. Furthermore, the erection of properties much closer to the road than are the other properties to the south, together with the significant amount of hard surfacing in each front garden, would exacerbate this concern.

Documents (65)

Officer Report Decision Notice Location Plan Application Form

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Decision & Reasoning

Refused16 November 2006

The officer concluded the proposal exacerbated concerns from prior refusal on appeal (PA 01/2163), where the inspector found a single dwelling 'very unneighbourly' due to just 1m separation between it…

Public Comments (9)

SupportHighways Division(statutory consultee)

Do not oppose

SupportIOM Water Authority(statutory consultee)

no objection

SupportChief Fire Officer(statutory consultee)

no objection (building control matters only)

SupportManx Electricity Authority(statutory consultee)

no objection (building control matters only)

ObjectionKingsley Villa, Athol Park (Mrs D Metaxas)(neighbour)

Objection13 Droghadfayle Park (A S & M J George)(neighbour)

Objection4 Droghadfayle Park (Mr J M Kearsley & Mrs S Kearsley)(neighbour)

ObjectionPrimrose Lodge, Athol Park (Mr Malcolm Couch & Mrs Caroline Couch)(neighbour)

ObjectionPort Erin Commissioners(parish)

Consultation Responses

Multiple neighbouring residents strongly object to the proposed holiday cottages citing overdevelopment, unneighbourly proximity to boundaries, incompatibility with residential character, parking issues, and covenant breaches; Manx Electricity Authority requests contact for supply arrangements with no objection to the proposal.

Manx Electricity Authority

Conditional No Objection

Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.

Conditions requested: applicant must contact the Authority's Planning Department (Tel. 687781) to discuss the electricity supply for this application

Appeal Decision

Dismissed

The original application for holiday cottages on a constrained site in a predominantly residential area was refused due to cramped appearance, lack of space around the building, and unneighbourly impact, echoing concerns from prior refusals including appeal 1950 (PA 01/2163). The appellant argued the proposal overcame previous issues by providing tourist accommodation needing less amenity space, supported by tourism policy and grant aid, with no overlooking or privacy loss. The council and objectors maintained it intensified previous problems with even longer two-storey elevation, inadequate play/parking space, and potential for residential conversion. The inspector concluded the scheme worsened prior deficiencies, appearing more cramped, unneighbourly, and oppressive especially to Primrose Lodge garden, with insufficient amenity even for holiday use. The appeal was dismissed.

What Worked

✓Reference to zoning and tourism policy noted but not decisive.
✓No overlooking evidence accepted.

What Failed

✗Failure to substantially amend scheme to overcome prior appeal harms (cramped/unneighbourly); doubling two-storey length worsened issues.
✗Assumption holiday use mitigates amenity deficits rejected.
✗Over-optimism on tourist demand without year-round evidence.

Precedent Value

Confirms shallow plots in residential zones require generous spacing even for holiday units; prior refusals (esp appeal 1950) create high bar - schemes must demonstrably improve on refused designs or combine plots. Applicants should prioritise neighbour amenity over policy zoning arguments.

Inspector: David Ward

Source & Provenance

Official reference: 06/01623/B
Source authority: Isle of Man Government Planning & Building Control
Source system: Legacy IDOX planning platform
Official record URL: No stable public per-record URL
First indexed: 20 Sept 2025, 22:04
Last synced: 5 Mar 2026, 01:30
Licence: Isle of Man Open Government Licence

Why was this refused?

Unneighbourly proximity and bulk to Primrose Lodge garden (1m to 18.5m rear elevation)

Cramped appearance on shallow plot lacking amenity space

Out of character with streetscene (two-storey semis vs single-storey detached)

Unsustainable holiday use likely leading to residential pressure

Previous appeal precedent (PA 01/2163 refusal upheld)

Refusal Reasons

✗There has been a previous application for the erection of a single residential dwelling on this plot (PA 01/2163). That application was refused on appeal where the Inspector concluded that "such a situation would be very unneighbourly to the adjacent residents and create a poor standard of development in a location where most dwellings are sited within plots that provide adequate space around the property". Whilst this latest application proposes tourist accommodation, the buildings would present a longer and taller structure to the rear garden of Primrose Lodge and as such, these proposed buildings cannot fail to be as, if not more, unneighbourly than the building previously refused.
✗The provision of three bedroomed tourist units in this location are unlikely to be required or desired for tourist accommodation for the whole of the year and as such, the concerns expressed in respect of the previous decision regarding lack of amenity space and over-development would be equally applicable to this development.
✗The development would be out of keeping in the streetscene which is generally, on this side of the road, characterised by detached single storey properties. Furthermore, the erection of properties much closer to the road than are the other properties to the south, together with the significant amount of hard surfacing in each front garden, would exacerbate this concern.

Public Comments (9)

SupportHighways Division(statutory consultee)

Do not oppose

SupportIOM Water Authority(statutory consultee)

no objection

SupportChief Fire Officer(statutory consultee)

no objection (building control matters only)

SupportManx Electricity Authority(statutory consultee)

no objection (building control matters only)

ObjectionKingsley Villa, Athol Park (Mrs D Metaxas)(neighbour)

Objection13 Droghadfayle Park (A S & M J George)(neighbour)

Objection4 Droghadfayle Park (Mr J M Kearsley & Mrs S Kearsley)(neighbour)

ObjectionPrimrose Lodge, Athol Park (Mr Malcolm Couch & Mrs Caroline Couch)(neighbour)

ObjectionPort Erin Commissioners(parish)

Consultation Responses

Manx Electricity Authority

Conditional No Objection

Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.

Conditions requested: applicant must contact the Authority's Planning Department (Tel. 687781) to discuss the electricity supply for this application