13 May 2024 · Planning Committee, signed by J Chance, Director of Planning and Building Control
8, The Crofts, Castletown, Isle Of Man, IM9 1lw
The application at 8 The Crofts, a three-storey mid-terrace dwelling in Castletown's Conservation Area, sought permission to add a frameless glass balustrade to an existing rear first-floor flat roof extension.
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The officer recommended refusal because the first-floor balcony, close to No.6 The Crofts' boundary, would create overbearing and overlooking impacts on the neighbour's rear garden 'above and beyond w…
General Policy 2
Requires protection of neighbouring amenity, including from overbearing and overlooking (specifically 2g). Officer found proposal harmful due to increased balcony use in terrace, but Committee deemed acceptable with obscure glazing condition, as impacts not beyond existing.
Environment Policy 35
Requires development in Conservation Areas to preserve or enhance character. Assessed under Section 18(4) Town and Country Planning Act 1999; rear location away from public views means glass balustrade (not typical feature) unlikely to harm character or streetscene.
Residential Design Guide 2021
Advises balconies/roof terraces on terraced properties usually unacceptable due to overlooking/overbearing. Officer applied strictly against proposal; Committee found compliant with mitigations, overriding guidance.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Bird strike prevention
Notwithstanding the details shown on the approved plans all glass balustrades/balconies shall be installed with measures to prevent bird strikes to be either etchings on the glass or use of ultraviolet decals. Reason: To prevent/reduce the risk of bird strikes.
Obscure glazing on eastern side
Prior to the occupation/use of the balcony hereby approved, the glazing to the Eastern side of the balcony, must be glazed with obscure glass to a Pilkington Level 5 or equivalent and permanently retained as such thereafter. Reason: To safeguard the amenities of adjoining occupiers from overlooking and loss of privacy.
No Highways Interest.
Highway Services HDC has no interest in the application; Manx Wildlife Trust requests bird strike mitigation measures; a neighbouring resident objects due to loss of privacy and light.
Key concern: loss of privacy in garden from adjacent resident
Highway Services HDC
No ObjectionHighway Services HDC has no interest (NHI) in: 24/00160/B
Manx Wildlife Trust
Conditional No ObjectionMWT note the potential for a three-sided frameless glass balustrade to result in avoidable bird strikes; MWT would request that suitable birdstrike mitigation measure(s) be included within this application. The simplest form of such mitigation is for the glass to be opaque
Conditions requested: suitable birdstrike mitigation measure(s) be included, e.g. opaque glass or other simple and cost-effective mitigation measures
Resident at 6 The Crofts
Objectionshould the current application be granted I shall no privacy in my garden whatsoever; There is a sight line from the corner of the balcony into my bedroom, kitchen and rear porch; When furniture and persons are on the balcony I shall lose light; I wish to register for Interested Party Status
The original application for a frameless balustrade system on an existing balcony was approved by the Planning Committee despite officer recommendation for refusal due to overlooking and overbearing impact. Neighbour Ms King appealed, arguing redundancy of balcony use, privacy loss, conflict with Residential Design Guide 2021, and harm to conservation area character. The applicant defended it as reinstatement of historic lawful balcony for safety with minimal visual impact. Inspector found no material harm to neighbour privacy/outlook or conservation area, noting established lawful use of flat roof as balcony. Appeal dismissed; Minister upheld approval with conditions for bird strike prevention.
Precedent Value
Establishes that safety balustrades on long-established lawful balconies/terraces will likely be upheld even against neighbour appeals, provided visually lightweight and no material intensification of use. Applicants should document historic use via prior permissions; third parties must show more than policy citations against existing features.
Inspector: Mrs Jennifer Vyse DipTP, MRTPI, DipPBM
