17 January 2022 · Delegated - Principal Planner Chris Balmer
10, Osborne Grove, Douglas, Isle Of Man, IM1 3le
The site is a three-storey mid-terrace house with a rear two-storey mono-pitched annexe, located in the Windsor Road Conservation Area in Douglas. The proposal involved removing the annexe roof and replacing it with a flat roof terrace featuring 1.6m tall frosted glass screening and artificial hedges.
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The proposal fails the statutory test for conservation areas under Section 18(4) of the Town and Country Planning Act 1999, as roof terraces, artificial hedges, and frosted glass are not typical featu…
General Policy 2
Requires development to respect site/surroundings in siting, layout, scale, form, design (b), not adversely affect townscape character (c), and not harm local amenity/character (g). Officer assessed proposal fails as roof terrace form/materials do not fit pitched roof dwelling or terrace rhythm, harming townscape in conservation area.
Environment Policy 35
Permits only development preserving/enhancing conservation area character, protecting special features. Officer found roof terrace, artificial hedges, frosted glass atypical and disruptive to rear terrace rhythm, failing statutory test under s.18(4) TCPA 1999.
no objection (08/10/2021)
do not object; no significant negative impact upon highway safety, network efficiency and/or parking (07/10/2021)
DOI Highways and Douglas Corporation both raised no objections to planning application 21/01140/B for creation of a roof terrace with glazed screening at 10 Osborne Grove, Douglas.
Department of Infrastructure (DOI) Highways Division
No ObjectionAfter reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network efficiency and /or parking.; Do not oppose
Douglas Borough Council
No ObjectionDouglas Borough Council has no objections.
The original application for a roof terrace with 1.8m artificial foliage and frosted glazed screening on an existing annexe was refused due to harm to the rhythm and character of the Windsor Road Conservation Area under EP35. The appellant argued the rear lane's irregular, unkempt character with varied alterations meant the modern terrace would enhance it, providing needed amenity space compliant with GP2 and other policies, supported by precedents of roof terraces in Douglas CAs. The council defended the refusal citing failure of the statutory CA test, inappropriate materials, potential overlooking despite screening, and RDG guidance against roof terraces on terraced properties. The inspector found the alley's irregular appearance meant the terrace's clean lines would not harm the CA or townscape under GP2, EP35, StrP3/4, EP42, and accepted amenity impacts on a fine balance with conditions for screening maintenance. The appeal was allowed subject to conditions.
Precedent Value
This appeal shows inspectors may allow modern roof terraces in CAs where rear alleys are already altered/unkempt, even if not publicly visible, provided amenity harms are finely balanced and conditioned. Future applicants should provide site-specific evidence of existing irregularity and precedents, emphasising amenity benefits over strict rhythm preservation.
Inspector: B J Sims
