15 February 2013 · Delegated
Ashleigh, Ballacraine, St. Johns, Isle Of Man, IM4 3ls
The site sits immediately to the east of Allanson's Nursery, with the semi-detached property 2 The Willows directly to the east. Officers concluded that these windows would create an unacceptable level of overlooking into 2 The Willows, harming the privacy of its occupants. This was found to be contrary to General Policy 2(g) and Paragraph 8.12.1 of the Isle of Man Strategic Plan.
The application was refused solely because of the two new windows. The first-floor gable end window and the high-level window in the single-storey extension would directly overlook the neighbouring property 2 The Willows, causing an unacceptable loss of privacy contrary to General Policy 2(g) and Paragraph 8.12.1 of the Isle of Man Strategic Plan.
Refusal Reasons
Policy RES/P/5
With the exception of appropriate extensions and alterations to existing property which will generally be acceptable, outside of development areas 1, 2, 4, 5 and 6 new residential development will only be approved where this complies with Planning Circulars 1/88, 3/88 and 3/89.
Policy RES/P/6
No residential development will be permitted where this would adversely affect the existing historic setting of Tynwald Hill and its associated open spaces.
General Policy 2
contrary to General Policy 2 (g)
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
Paragraph 8.12.1
in Recreation Policy 3 and Appendix 6. The latter provides examples of the size and type of provision required. 8.11 Open Space and Recreation 8.12 The Isle of Man Strategic Plan Context 8.12.1 The Isle of Man Strategic Plan identifies that Open Space in towns and villages on the Island forms an integral part of the fabric of community life, taking various forms and serving many purposes. Open Space ranges from the formal, such as formally laid parks and play areas, to the informal, such as open countryside, glens and the extensive public footpath network. The need for Open Space is that it forms part of the Island's heritage as well as being an attractive and usable asset. In the wider context, it provides visual and spiritual relief from the developed urban settlements on the Island, and provides recreational enjoyment in respect of various active and some less active forms of sporting activity. Open Spaces also provide a means of improving the health and fitness of the Island's population.
