3 December 2024
Sulby Bridge Cottage, Sulby Bridge, Sulby, Isle Of Man, IM7 2eu
Appeal against the approval for replacement of existing dwellinghouse with two semi-detached dwellinghouses
Replacement of existing dwellinghouse with two semi-detached dwellinghouses
Erection of two semi-detached dwellings in place of existing detached dwelling (amendments to 24/00106/B)
Appeal against the refusal for demolition of existing dwelling; construction of 2 replacement dwellings; minor relocation of existing entrance and formation of new entrance
Demolition of existing dwelling; construction of 2 replacement dwellings; minor relocation of existing entrance and formation of new entrance
Erection of a replacement dwelling
Approval in principle for erection of a dwelling
Alterations and extension to form additional living accommodation
Installation of UPVC casement windows to replace existing to front elevation
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The original application for demolition of the existing dwelling and construction of two semi-detached replacement dwellings with new accesses was refused by the Department, though specific refusal reasons are not detailed beyond prior related refusal. The appellant argued the proposal optimised use of previously developed land, respected the mixed character of Sulby village, provided adequate parking, and would not harm neighbour privacy due to distances and window orientations. The Council defended the refusal on grounds of overdevelopment harming character/appearance and significant overlooking of No 6 Carrick Park's garden. The inspector found no harm to character/appearance, agreeing the design was respectful and contemporary in a varied streetscene, but concluded the first-floor windows of Dwelling B would overlook the entire rear garden of No 6 Carrick Park, causing material loss of privacy contrary to policy. The appeal was dismissed on 3 December 2024 by the Minister, upholding the refusal.
Precedent Value
This appeal demonstrates that even in varied village contexts, direct first-floor overlooking of entire neighbouring rear gardens from habitable rooms is decisive for dismissal, regardless of character benefits. Future applicants should prioritise perpendicular elevations or rooflights/conditions to avoid privacy conflicts, using 3D visualisations and Design Guide geometry rigorously.
Inspector: Mrs Jennifer Vyse DipTP, MRTPI, DipPBM
