5 October 2021 · Delegated
9, Knock Rushen, Scarlett, Castletown, Isle Of Man, IM9 1tq
Planning permission was sought for a single storey rear extension with a roof terrace at 9 Knock Rushen, Scarlett, Castletown. The application was refused by delegated decision on 5 October 2021. The reason for refusal centred on the proposed first floor balcony element. Officers concluded it would create an unacceptable level of overlooking — both in practice and as perceived by neighbours — causing direct views into the rear garden of the adjoining property at 10 Knock Rushen and a significant loss of privacy for its occupants. The proposal was found to conflict with the Isle of Man Strategic Plan's general policy on residential amenity, and no conditions were considered capable of making it acceptable.
The application was refused because the proposed first floor balcony at the rear of the property would cause an unacceptable level of overlooking of the neighbouring property at 10 Knock Rushen, resulting in loss of privacy and direct views into its rear garden. This harm to residential amenity was the sole stated reason for refusal.
Refusal Reasons
General Policy 2 of the Isle of Man Strategic Plan
The proposed rear first floor balcony would introduce an unacceptable level of overlooking (both perceived and actual), resulting in harm to the residential amenity of the occupants of 10 Knock Rushen through loss of privacy and direct views into the rear garden of that property. In this respect the proposal would be contrary to General Policy 2 (g) of the Isle of Man Strategic Plan.
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
