22 June 2023 · Planning Committee
Thornhill, Highfield Drive, Baldrine, Isle Of Man, IM4 6ee
The proposal involved installing a stepping-down timber fence parallel to the existing fence and retaining wall along the driveway of a detached house in a sloping residential area, with part already built retrospectively; the fence height increments from about 1-1.2m to 1.8m at the top.
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The Planning Committee overturned the officer's recommendation for approval, determining that the proposed fence is too high, resulting in an overbearing and negative impact to the streetscene and the…
Strategic Policy 3 - To respect the character of our towns and villages
Strategic Policy 3 is materially relevant; officer assessed proposal against character and appearance impacts in residential area but committee found fence too high and harmful to streetscene.
Spatial Policy 5
Strategic Policy 5 is materially relevant; relates to amenities, with officer finding no significant overshadowing or overbearing but committee deemed overbearing to neighbour.
General Policy 2
General Policy 2 (b), (c), (g), (m) requires appropriate design, amenity protection, and environmental quality; officer found compliant due to topography fit and minimal impacts, but committee refused on height and streetscene grounds, failing these tests.
does not oppose this application
Garff Commissioners object to the proposed high fencing due to visual impact and incompatibility with the street scene; Highway Services has no interest in the application.
Key concern: high fencing detrimental to Highfield Drive street-scene and out of character with area
Garff Commissioners
Objectionthe high fencing proposed in these locations in front of the building line would be completely unacceptable and would cause highly detrimental intrusion into the Highfield Drive street-scene; The effect of a high timber fence would be out of character with the rest of the frontages of the properties in the area; their objection to the proposals remains
Garff Commissioners
ObjectionObjection to the proposals remains on the grounds set out above
Garff Commissioners
No Commentthe Board resolved to defer the decision on this amended application to the expertise of the Planning Committee
Highway Services Division
No Objectionthere is no Highways HDC interest (NHI) in: 22/00879/B
The original application for fencing to the side front garden (partial retrospective) at Thornhill, Highfield Drive, Baldrine was refused by the Planning Committee on 19 June 2023 contrary to officer recommendation, due to the fence being too high with overbearing and negative impact on the streetscene and neighbouring property. The appellant argued overlooking from the neighbour's conservatory created privacy loss exacerbated by prior lowering of the neighbour's driveway, necessitating the fence for enclosure, and cited human rights and similar fences nearby. The Council defended the refusal emphasising harm to character and appearance from the dominant fence contrasting open frontages with natural boundaries, downplaying privacy concerns as oblique overlooking typical in residential areas. The inspector conducted a site visit and inquiry, finding slight visual harm contrary to GP2 but accepting unique privacy vulnerability due to site levels, with no viable softer alternatives, making privacy overriding. The inspector recommended allowing the appeal subject to conditions on heights and dark colouring.
Precedent Value
This appeal shows privacy needs can override minor visual harms to street scene under GP2 if site uniquely affected by prior approvals and no alternatives exist. Future applicants should emphasise factual overlooking evidence, site constraints, and request inspections for level/privacy disputes.
Inspector: Brian J Sims
