25 May 2017 · Committee
Flat Above, 4, Market Place East, Ramsey, Isle Of Man, IM8 1jy
This application sought retrospective permission for a window installation and the construction of raised decking with a perimeter rail at 4 Market Place East, Ramsey. During the process, an amended drawing was submitted proposing to lower the decking to approximately 400mm above the flat roof level and to add steps down onto the platform, in an attempt to reduce overlooking. The case officer recommended approval, but the committee refused the application on 25 May 2017. The two formal reasons for refusal both related to overlooking of the neighbouring property at 3 Dale Street: the window's proximity to a habitable room there was considered to create an unacceptable perception of overlooking, and the raised decking was found to allow unobstructed views into the same property. The site has an unusual rear arrangement where properties extend over those below, forming small flat roof terraces. While some mutual overlooking already exists in the area, the committee concluded that the proposed window and decking went beyond what was acceptable.
The committee refused the application despite the case officer recommending approval. The new window was judged to create an unacceptable perception of overlooking into a habitable room at the neighbouring property, 3 Dale Street, given the short distance between the two. The raised decking was also refused because its height would allow unobstructed views into the same neighbouring property, compounding the overlooking concern.
Refusal Reasons
Use of Upper Floors for Residential Purposes
The upper floors above shops are often underused. Use of this space for residential purposes will be encouraged, subject to compliance with the Housing (Flats) Regulations
3.15 Policy R/R/P4: Use Of Upper Floors For Residential Purposes The upper floors above shops are often under-used. Use of this space for residential purposes will be encouraged, subject to compliance with the Housing (Flats) Regulations. Change of use from residential to office use will not generally be permitted.
Upper Floors
The use of upper floors as retail units, offices and apartments shall be encouraged particularly where premises are currently vacant (see also Policy R/R/P4)
on, it is considered that residential use on upper floors of commercial buildings should continue to be permitted in order to assist in the buildings' maintenance and refurbishment (reference: Policy R/TC/P3). ## Traffic Management
Terraces
There will be a general presumption in favour of retention of traditional uniform frontages on all pre-1920s buildings in terraces
