2 October 2003 · Planning Committee on Review
46, Magherchirrym, Port Erin, Isle Of Man, IM9 6db
The proposal involved building a single-storey garage (2.6m x 6.7m in matching brick and tiles) attached to the side of No. 46 and a conservatory (3m deep x 4.2m wide) to the rear, attached to the shared boundary wall with No. 47. Neighbours at No.
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The Planning Committee approved the proposal as visually acceptable with no detriment to residential amenity of adjoining properties, despite neighbour objections, because attachment of the conservato…
Port Erin Commissioners initially deferred decision pending neighbour permission for conservatory attachment but later approved; Highways Division had no objection; neighbouring residents raised strong objections regarding conservatory attachment to shared wall, maintenance access, privacy, aesthetics, and parking impacts.
Key concern: Lack of adjoining neighbour permission for conservatory attachment to shared gable wall
Port Erin Commissioners
Conditional No Objectionthey have deferred a decision on same pending receipt of information on the following; your Committee should also defer consideration until such information is to hand
Conditions requested: Written confirmation from applicants that permission has been given by adjoining neighbour; Further details from architect on construction and attachment of conservatory; Defer consideration until information received
Port Erin Commissioners
No Objectionthe Commissioners have now approved the amended plan date stamped 16th October 2003
Port Erin Commissioners
Supportthe same was approved
Highways Division, Department of Transport
No ObjectionThe Highways Division of the Department of Transport has no views on the following application, the application having been considered and having no adverse traffic impacts.
The original application PA 03/00910/B for erection of a garage to the side and conservatory to the rear was approved by the Planning Committee on 26 September 2003, confirmed after review on 14 November 2003 despite objections from neighbours. The appellant (neighbours at No 47) argued the garage would cause highway safety issues by reducing on-site parking and the conservatory could not be built without their permission to attach to their wall, raising maintenance and damp concerns. The Planning Committee defended the decision, stating attachment was a civil matter outside planning remit, visual impacts acceptable, and parking compliant with standards. The inspector, after a public inquiry on 24 February 2004 and site visit, found no highway safety harm from the garage and conservatory issues to be civil not planning matters, dismissing the appeal and upholding permission.
Precedent Value
This appeal reinforces that planning permission does not resolve private civil disputes over property boundaries or attachments; neighbours cannot block schemes via planning appeals on non-planning grounds. Future objectors should pursue civil remedies separately; applicants should anticipate such challenges do not halt planning approval.
Inspector: David G Hollis
