10 August 2005 · Minister for Local Government and the Environment
76, Summerhill Road, Onchan, Isle Of Man, IM3 1nh
The proposal involved converting the roof space of a semi-detached dwelling into habitable accommodation with a Velux roof terrace (1.7m x 1.8m) for light and views, plus a conservatory replacing a rear shed.
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The Planning Committee refused the Velux roof terrace after review, reasoning it 'will afford an unacceptable level of overlooking of the surrounding residential properties, causing an unacceptable lo…
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
approve conservatory; approve roof terrace if no objections from neighbour at 78 Summerhill Road
no comments subject to architect consulting fire safety department
Onchan Commissioners conditionally supported the application, recommending approval of the conservatory and the velux roof terrace/balcony only if no privacy objections from neighbour at 78 Summerhill Road; Fire and Rescue Service approved the proposals.
Key concern: loss of privacy to neighbour at 78 Summerhill Road
Onchan District Commissioners
Conditional No ObjectionThe Commissioners would recommend that the application be APPROVED for planning purposes subject to the following conditions; The Commissioners recommend that should no objection be raised to the proposed balcony at roof level from the adjoining neighbours, 78 Summerhill Road that it be approved. Should this neighbour object however on the grounds of loss of privacy the Commissioners would support their objection.
Conditions requested: should no objection be raised to the proposed balcony at roof level from the adjoining neighbours, 78 Summerhill Road that it be approved
Onchan District Commissioners
Conditional No ObjectionThe Commissioners would reiterate their view as stated in their letter of 20th June 2005 that they recommend that should "No objection be raised to the proposed balcony at roof level from the adjoining neighbours 78 Summerhill Road that it be approved. Should this neighbour object however on the grounds of loss of privacy the Commissioners would support their objection."
Isle of Man Fire And Rescue Service
No ObjectionI do not require to appear at the review hearing provided that the previously submitted written observations made on my behalf are taken into consideration by the Planning Committee.
Isle of Man Fire And Rescue Service
No ObjectionRecommend: Approve
Onchan District Commissioners
No Commentthe Commissioners have no further comment to make.
The original application for roof space conversion with velux roof terrace and conservatory replacement was initially permitted but altered to a split decision on review, approving the conservatory (part a) and refusing the roof terrace (part b) due to unacceptable overlooking and loss of privacy to neighbours. The appellant argued that existing windows and rooflights already permitted similar overlooking, no neighbour objections existed, and the terrace would not significantly increase privacy loss. The council defended the refusal citing new overlooking levels and precedent concerns. The inspector found the small terrace unlikely to significantly increase overlooking, given existing views and neighbour acquiescence, and recommended allowing the appeal without setting harmful precedent. The appeal was allowed.
Precedent Value
Small-scale roof terraces can be approved in suburban semi-detached contexts if existing overlooking already exists and neighbours do not object, even if council fears precedent; photographic proof of current views is persuasive.
Inspector: David Ward
