3 January 2008 · Delegated
2, Cronk Breck Close, Ballaugh, Isle Of Man, IM7 5ez
This application sought permission to erect a detached dwelling with an integral garage on an undeveloped plot on the western side of Station Road, Ballaugh, situated between Faaie Craine and Squeen Meadow. The site is bounded by hedging and trees to the east and south, backing onto neighbouring properties including 4 and 6 Faaie Craine. The application was refused on 3 January 2008. The decision-maker found that the proposed dwelling would be positioned as close as 4 metres from the boundary with numbers 4 and 6 Faaie Craine, and in the case of number 6 would be far closer to a windowed elevation than the generally required distance of 20 metres. These factors meant the development would be unduly dominant over the rear private space of the two neighbouring properties and would adversely affect the privacy of 6 Faaie Craine. The decision was made under delegated authority by the Director of Planning and Building Control.
The application was refused because the proposed dwelling would sit as close as 4 metres from the boundary shared with 4 and 6 Faaie Craine. This proximity would make the building unduly dominant over the rear private space of those neighbouring properties. In the case of number 6 Faaie Craine, the dwelling would also be far closer than the generally required 20-metre separation from a windowed elevation, causing an unacceptable loss of privacy.
Refusal Reasons
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
