**Document:** Retrospective Planning Statement **Application:** 13/00179/B — Erection of garden store with terrace over (retrospective) **Decision:** Refused **Decision Date:** 2013-05-28 **Parish:** Lonan **Document Type:** report / planning_statement **Source:** https://planningportal.im/a/4019-lonan-pine-lodge-baldhoon-road-shop-retrospective/documents/1288769 --- # Retrospective Planning Statement ## Statement in conjunction with Application (retrospective) Ref: Pine Lodge, Baldhoon Road, Laxey – Application for construction of a garden store and terrace – retrospective. Please find enclosed an application for the above works and our client wishes to advise the planning department as follows. This application is for works carried out to form a garden store with a terrace (raised patio). Whilst the letter from Mr. Singleton the planning Enforcement officer, to Mr. Black refers to alteration to the openings on the Eastern Gable of the house to create a doorway, there is no evidence of such and Mr. Black advises that the openings that exist have done so for the 32 years they have lived in the property. ### The Location The works are situated on the North Eastern boundary of Pine Lodge and abut the boundary to the adjacent property Shanti-Ne-Ketan. It slopes steeply down towards the Laxey Glen Valley and Baldhoon road with the abutting property Shanti Ne Ketan is set lower than Pine Lodge as the land falls that way also. The dwelling “Pine lodge” is set approximately 5 metres from the boundary in general but the garage of Shanti-Ne-Ketan is located inset towards Pine Lodge’s gable being just 1.1m away in that area. Shanti-Ne-Ketan in this area directly abuts on to the common boundary and then at the rear of the plot is about 2 metres away from the boundary. Both properties have windows facing the common boundary. Pine Lodge’s kitchen windows and door have existed since the property was constructed over 30 years ago (Mr. & Mrs Black the applicant having lived there since 1980) and confirming this. Shanti-Ne-Ketan, have had alterations to their property which include a new window in the boundary area and the construction of a conservatory. The boundary wall between the properties is an approximately 2 metres high concrete trellis block wall and it remains as previously, before the construction of the garden store, running between the gardens. This has and still does provide a degree of privacy while still allowing passage of some light. A more solid boundary structure of 2 metres high would be allowed under permitted development, and have a greater effect on the light and amenity of “Shanti-Ne-Ketan”. The windows and resultant overlooking of each others properties has existed since the properties were built. Alterations and extensions have possibly increased proximity of the dwellings and until now this close relationship appeared to have been accepted. The garden store/terrace is constructed in an area that was previously unused garden, set behind the trellis wall and up to the boundary to the rear of the garage of Shanti-Ne-Ketan. "Pine Lodge" previously had a set of steps leading from the kitchen door of "Pine Lodge" at the upper level which lead to the lower level and these can be seen in photo No.8 (at the far end) taken before construction of the garden store/terrace. This photograph also shows the concrete trellis block boundary wall in existence between the two properties in question. It can also be seen that the position of the garden store is constructed up to the line of the rear line of "Pine Lodge" does not intrude into views and light of the "Shanti-Ne-Ketan" conservatory across "Pine Lodge's" rear garden. The garden store does not have any window on the boundary side thus it creates no overlooking or loss of privacy and had the boundary wall been solid as is allowed under permitted development the garden store would be mostly hidden from view from the adjoining property. The rear and side wall of the terrace is constructed along the boundary of the properties where the roofs of "Shanti-Ne-Ketan" abut the wall, no windows or outlook from either property can be had in this area. The wall has been in place for over 4 years now and until now no objections had been made and our client believed the wall provided privacy for both properties and presented the area in a tidy manner. The other edges of the Terrace are constructed as a glass balustrade so views that existed previously are still available. Prior to the works in question the owner of "Pine Lodge" had views of "Shanti-Ne-Ketan" greater than now and the building has as such provided a greater degree of privacy to "Shanti-Ne-Ketan". Mr. Black constructed the Garden Store without realising that permission would be needed for a store for his garden equipment. The terrace allows Mr. & Mrs. Black, who are both in their eighties to be able to enjoy the outside of their property and its views across the valley which otherwise would be difficult for them on this steeply sloping site. Given that "Shanti-Ne-Ketan" may have lost a degree of privacy due to the terrace, the existing close proximity of the windows and conservatory of "Shanti-Ne-Ketan" meant this lack of privacy already existed for both properties. As a means of mitigation, our client is willing to provide an opaque glazed screen of the height of the brick wall continuing along the common boundary portion of the terrace. Photos enclosed show the existing relationship of "Pine Lodge" and "Shanti-Ne-Ketan" and the windows and conservatory facing "Pine Lodge". ### Summary - Pine Lodge and Shanti-Ne-Ketan are close neighbours both having windows facing a common boundary. - Up to now have accepted this closeness of buildings, with windows directly looking into both properties. - The applicant indicates he never believed the works were to intrude into the neighbourhood that mutually existed and was not aware for the need for permission for these works. - The garden store is largely behind the concrete trellis block wall that was in existence before (believed to be at least 20 years) and thus its impact is limited, permitted development would allow for this wall to be solid. - The terrace was to allow for an external seating area that would be usable by the applicant. - In order to minimise any perceived intrusion the applicant offers the erection of an obscured glazed screen, (matching the style of this glass balustrade) along the common boundary section of the terrace at a min of height of 1.8m (i.e. above eye line). - Windows on the side of Shanti-Ne-Ketan look into the common boundary just over 2 metres away, as they did before. - The conservatory is in front of the line of the garden store and retains light and views across Pine Lodge’s garden as it did before. We respectfully ask the planning committee, in light of the above and the applicant’s willingness to try to be neighbourly in this matter to give it favourable consideration. --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/4019-lonan-pine-lodge-baldhoon-road-shop-retrospective/documents/1288769*