16 January 2013 · Minister for Infrastructure (by direction, via Chief Executive I T Thompson)
65, Lezayre Park, Ramsey, Isle Of Man, IM8 2pt
The proposal was for retrospective permission to retain a large radio amateur aerial array mounted on the rear dormer of a semi-detached bungalow, rising 5.25m above the roof with horizontal elements spanning 3.8m by 3.75m.
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The Minister accepted the independent Inspector's recommendation after considering the appeal report. The Inspector assessed the aerial's 5.25m height above roof and 3.8m horizontal span as an 'alien …
General Policy 2
Requires development to respect site/surroundings in siting, scale, form (b); not adversely affect character of townscape (c); and not adversely affect amenity of local residents or locality character (g). Officer initially found compliant as size not significantly harmful vs TV aerials and no unacceptable overshadowing/overbearing. Inspector disagreed post-site visit, finding non-compliant due to intrusive scale/form in modest bungalow area, harming streetscene and neighbour outlook; this interpretation prevailed on appeal.
No objections; assured by applicant no detrimental effects visually or by interference
Support or indifferent (3 letters submitted)
Letter of support sent directly to Appeals Office
Local resident Susan Kinrade strongly objects to the retrospective aerial due to visual impact and overshadowing; Ramsey Town Commissioners object on visual and interference grounds; other neighbours are neutral or supportive.
Key concern: adverse visual impact and overshadowing of neighbouring property
Susan A Kinrade
ObjectionThe proposed large aerial array will be clearly and obtrusively visible from the main access and living areas of my property; The overall height above the roof is about 5.2 metres with cross members almost 4 metres wide; I have never observed any other similar structure on any other residential development in Ramsey or indeed anywhere on the Island
Ramsey Town Commissioners
ObjectionIt is considered that this proposal would result in an unneighbourly development due to the adverse visual impact created. Concern has also been expressed in respect of potential interference to electrical appliances within neighbours properties when this aerial is in use.
Geoffrey and Gillian Lowey
SupportMr Rae’s present aerial has not caused us any detrimental effects either visually or by way of interference to our television or telephonic signals.; We are assured by Mr Rae that the same will apply with his new proposed aerial and therefore we have no objections to his application.
Billy Cummins
No CommentWe have no objections as we don't live either side of the property, so don't view them but may feel differently if we did live either side of the said property.
The original application (12/01569/B) for the erection of a large aerial on a bungalow was permitted by the planning authority under delegated powers. Neighbour Mrs Susan Anne Kinrade appealed, arguing non-compliance with General Policy 2 due to scale, visual impact on the street scene, and harm to her amenity including overbearing effects and potential interference. The applicant defended the need for the aerial for his 45-year radio hobby, noting prior use elsewhere without complaint, neighbour support, and relocation to minimise impact. The inspector conducted a site visit and found the aerial's height (5.25m above roof) and horizontal extent (3.8m) would make it an alien, intrusive feature harming the character of the modest bungalow street scene and significantly overbearing on No.63's outlook, conflicting with GP2(b),(c),(g). The Minister accepted the inspector's recommendation on 24 May 2013, reversing approval and refusing permission.
Precedent Value
This appeal demonstrates third parties can successfully overturn permissions via appeal if evidence shows conflict with GP2 on visual intrusion and neighbour amenity in modest residential areas. Future applicants for non-standard aerials should provide street scene elevations and neighbour consultations, anticipating strict scrutiny of scale relative to typical features.
Inspector: Stephen Amos MA (Cantab) MCD MRTPI
