2, Victoria Terrace, Glen Road, Laxey, Isle Of Man, IM4 7aw
Appeal against the refusal for the construction of replacement patio as part of flood protection works (Retrospective)
Construction of replacement patio as part of flood protection works (Retrospective)
Erection of a sun room extension to replace existing outbuildings on rear elevation of
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Garff District Commissioners maintain their objection to the retrospective planning permission for the replacement patio, citing significant adverse impacts on residential amenity, privacy, and the sensitive riverside location, and request the appeal be dismissed.
Key concern: significant loss of privacy and adverse impact on residential amenity of neighbouring properties
Garff District Commissioners
Objectionretrospective planning permission should not be granted; the appropriate outcome is the removal of the structure in its entirety; Garff Commissioners respectfully request that the appeal be dismissed
The original application (PA 24/91296/B) for retrospective construction of a replacement patio forming part of the Laxey Flood Alleviation Scheme was recommended for approval by the planning officer but refused by the Planning Committee on 15th December 2025 due to unacceptable overlooking and overbearing impact on neighbours at Nos 1 and 3 Victoria Terrace, contrary to General Policy 2 and the Residential Design Guide 2021. The appellant (Department of Infrastructure) argues the patio replaces a longstanding structure, incorporates mitigation screening, complies with policy in the constrained terrace context, and does not increase flood risk. The Department defends the refusal focusing on neighbour amenity harm despite officer recommendation. Third parties (owner of No 3 Victoria Terrace via Sarah Corlett Town Planning) object on amenity, overbearing screens, Conservation Area impact, and flood risk concerns. No inspector's analysis or decision is present in the documents.
Precedent Value
Appeals must robustly evidence baseline (e.g. historic structures) and mitigation efficacy with sightline analysis; technical flood data from authorities carries weight but neighbour amenity in Conservation Areas can override if perceived harm clear; retrospective works risk heightened scrutiny even if replacing like-for-like.
