24 March 2025 · Delegated
Hawthorne Cottage, Church Road, Maughold, Isle Of Man, IM7 1as
The application sought retrospective permission for replacement decking and a glass balustrade to the rear of Hawthorn Cottage, a two-storey detached property in the centre of Maughold village, a quiet hamlet of traditional-styled properties set around a central green. The site lies within a Conservation Area, so the key test was whether the works would preserve or enhance its character. Officers concluded they would not. The elevated plastic decking and glass balustrade to the rear were found to be an overly dominant feature out of keeping with the traditional character of the area, and their raised position would result in overlooking and loss of privacy for the dwelling to the rear. The front wall and the overall proposals were also judged to harm the streetscene. The application was refused under General Policy 2 and Environmental Policy 35 of the Isle of Man Strategic Plan 2016.
The elevated plastic decking and glass balustrade to the rear were considered visually dominant and out of keeping with the Conservation Area, failing the statutory test of preserving or enhancing its character. Their raised position also creates overlooking and loss of privacy for the neighbouring property to the rear. The front boundary wall compounded the harm to the streetscene. Refusal followed on grounds of detrimental visual impact and residential amenity harm.
Refusal Reasons
General development considerations
contrary to General Policy 2 and Environmental Policy 35
General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
Preserve or enhancement for Conservation Areas
contrary to General Policy 2 and Environmental Policy 35
Priority for new development to identified towns and villages
It is appropriate to consider the following planning policies from the Isle of Man Strategic Plan 2016
Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3. (1) Open Space is defined in Appendix 1. (2) Sustainable Urban Extensions are defined in Appendix 1 4.3.2 Appendix 3 to the Plan identifies the towns and villages, and also explains why the Department has rejected the idea of a new settlement, which was mooted in the Consultation Draft published in May 2000. 4.3.3 Each of our towns and villages has an ind ividual character arising not only from its geographical position and existing fabric, but also from its historical, cultural, and social background. This character should be protected and enhanced. Accordingly:
Design and visual impact
It is appropriate to consider the following planning policies from the Isle of Man Strategic Plan 2016
Extension or alteration to traditional styled properties in the countryside
It is appropriate to consider the following planning policies from the Isle of Man Strategic Plan 2016
Housing Policy 15: The extension or alteration of existing traditionally styled properties in the countryside will normally only be approved where these respect the proportion, form and appearance of the existing property. Only exceptionally will permission be granted for extensions which measure more than 50% of the existing building in terms of floor space (measured externally).
Designed to respect the character and identity of the locality
contrary to GP2b,c, and Ep42
