17 September 2008 · Director of Planning and Building Control (M. I. McCauley)
Spindrift, Pinfold Hill, Laxey, Isle Of Man, IM4 7hn
The proposal involved erecting a first floor extension to the rear of a semi-detached dwelling on a steeply sloping site overlooking Laxey Bay. The extension included a large side elevation window, French windows, and a balcony on the rear, which the officer assessed as causing significant overlooking into neighbouring…
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The officer concluded that the proposed first floor extension would cause unacceptable harm to the residential amenity of neighbouring properties, primarily through significant overlooking.
Residential Policy 1 of Laxey and Lonan Area Plan Order 2005
Requires residential alterations and extensions to be sympathetic to the character and appearance of the building and surrounding area. Officer assessed the proposal as causing unacceptable overlooking from windows and balcony, harming neighbour amenity and thus not sympathetic.
General Policy 2
Permits development respecting site/surroundings and not adversely affecting amenity of local residents (criterion g). Overlooking from side window and rear balcony/French windows failed this test, causing significant detrimental impact on neighbouring residential amenity.
Do not oppose
Advise applicant to consult Fire Safety Department re means of escape from first floor bedroom; comments received
Express interest; note underground cables/overhead lines present, contact for safety
Lonan Parish Commissioners recommend refusal due to inadequate plans and privacy concerns from neighbours; Highways Division and Manx Electricity Authority have no objections; Fire Service advises consultation on fire safety.
Key concern: plans inadequate and loss of privacy
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application. Please contact our Network Operations Department...
Conditions requested: applicant must contact the Authority; Contact our Network Operations Department, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may be required to be diverted before any work can be carried out on site; Contact the M.E.A. for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site; All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6
Lonan Parish Commissioners
ObjectionThe Board found the plans to be inadequate and did not represent or make clear what was being sought.; they were unable to make an informed decision and therefore recommended refusal until better plans were produced.
Highways Division
No ObjectionDo not oppose
Isle of Man Fire and Rescue Service
Conditional No ObjectionAdvise the Applicant to consult with the Fire Safety Department with regard to the Means of escape from the first floor bedroom.
Conditions requested: Advise the Applicant to consult with the Fire Safety Department with regard to the Means of escape from the first floor bedroom
The original application PA99/01620/B for a two-storey side extension, conservatory replacement, and garden-level conservatory to White Cottage was refused by the Planning Committee, appealed (No 1492), heard at inquiry on 10 October 2000, and dismissed by the Minister confirming refusal due to unclear plans, unattractive dormer addition prominent towards Laxey Bay, and harm to neighbour privacy from conservatory extension. The appellant argued need for family accommodation, privacy improvement, and minimal visibility. The Council, Parish, and neighbours objected on design, amenity, and plan quality. A resubmitted reduced proposal (PA01/392) for kitchen extension, hall, and staircase replacement was refused but appealed, heard at inquiry on 15 January 2002 with prior site visit; the inspector found visual impact acceptable given steep site hiding most of the building, negligible neighbour/area impact, and opportunity for repairs, recommending allowance. The Minister is implied to have accepted this, granting permission with matching finishes condition.
Precedent Value
This sets precedent that resubmitted reduced schemes on constrained steep sites can succeed if visual impact is minimal and tied to repairs, but poor drawings and neighbour amenity harms are fatal; future applicants must prioritise clear plans, material matching, and neighbour impacts over family needs.
Inspector: R E Wilson (first); C A Jenkins (second)
