DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 24/00160/B Applicant: Mr Matthew Warren Proposal: Install frameless balustrade system to existing balcony Site Address: 8 The Crofts Castletown Isle Of Man IM9 1LW Expected Decision Level: Planning Committee Recommended Decision: Refused Date of Recommendation: 12.04.2024 Reasons for Refusal: R 1. Whilst there may be a certain degree of existing overlooking due to the terraced nature of the properties, the fact that the proposed balcony is at first floor, coupled with how close the proposal is to the boundary of No.6 The Crofts creates an overbearing overlooking impact, to the detriment of the enjoyment of No.6 The Crofts rear garden above and beyond what is already in place. As such the proposal is contrary to General Policy 2g and in turn the Residential Design Guidance 2021.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

No 6. The Crofts as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (January 2020).

Officer’s Report

THE APPLICATION IS BEFORE THE COMMITTEE AS THE APPLICANT IS A MEMBER OF THE PLANNING DEPARTMENT

THE APPLICATION SITE

1.1 The application site is within the curtilage of 8 The Crofts, Castletown which is a mid-terrace, three storey property situated to the North East of The Crofts. - 1.2 To the rear of the property is an existing flat roofed extension. THE PROPOSAL

2.1 The current planning application seeks approval for the erection of a frameless balustrade system to the existing first floor extension. The frameless balustrade will measure 4.603m by

• 2.168m, with an overall height of 1.1m. PLANNING HISTORY
• 3.1 There are two previous applications which are relevant to the assessment of this application; PA07/01508/B - Replace existing rear ground and first floor patio and side windows with French doors and tilt and turn side windows - Permitted. PA14/01073/B - Installation of replacement windows and door to front elevation and windows to second floor level on rear elevation - Permitted. PLANNING POLICY
• 4.1 The site lies within an area zoned as "Predominantly Residential" under the Area Plan for the South, Map 5 - Castletown. The site isn't within a Flood Risk Zone but is within a Conservation Area.

4.2 Given the nature of the of the land designation and the property being within a Conservation Area, Section 18(4) of the Town and Country Planning Act (1999) is the most relevant in the assessment of this application. Followed by paragraph 7.29.2 and Environment Policy 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area. - 4.3 Also relevant in the assessment of this application is The Residential Design Guide (2021) which is a breakdown of General Policy 2 and lends advice on the impact of balconies on neighbouring properties.

REPRESENTATIONS

5.1 The following representations can be found in full online;

5.2 Highway Services have considered the proposal and state, "No Highways Interest." (26.02.24) - 5.3 No comments have been received from Castletown Commissioners at the time of writing this report. - 5.4 The Manx Wildlife Trust have written in to state that there is potential for avoidable bird strikes for several birds and they are recommending the glass be opaque. (19.03.24) - 5.5 The owner/occupier of 6 The Crofts have written in to state they are worried about overlooking and overbearing impact. (7.03.24)

ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are:

• - Section 18(4) test / character and appearance (GP2 & EP35)
• - Neighbouring amenity (GP2, g)

- 6.2 SECTION 18(4) TEST / CHARACTER AND APPEARANCE

• 6.2.1 Due to the proposed works being in a Conservation Area it is necessary to test the application under section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works preserve or enhance the Conservation Area.

• 6.2.3 When looking at the proposal generally roof terraces and glass balustrades are not a typical feature within a Conservation Area, whilst this is the case, the proposed works within this application are situated within the rear of the property away from a general public vantage point. Whilst views of the proposal will be awarded of the proposed balustrade, it is unlikely that this would cause harm to the character and appearance of the Conservation Area or the overall streetscene and as such from this point of view the proposal would pass the Section 18(4) test and

comply with the relevant parts of General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan.

- 6.3 NEIGHBOURING AMENITY

• 6.3.1 The main consideration in this assessment is the impact of the proposed balcony on the neighbouring property. In the first instance there is potential that there will be overlooking to both properties either side, Kenmure to the West of the site and No.6, The Crofts to the East of the site, whilst this is the case, the overlooking to No.6, The Crofts due to location of the flat roof would have more of an impact.

• 6.3.2 it is relevant to note that the use of the flat roof without the balustrade as additional living space, would not be an operational development/material change of use, as such the main factor that is looked at within this assessment is whether the additional of a balustrade would create further/additional impact to the neighbouring properties.
• 6.3.3 Looking back at the history of the site, PA07/01508/B is relevant in that, the photos provided show a concrete balustrade surrounding the flat roofed area. This is then followed by PA14/01073/B which shows the removal of the balustrade and the replacement roof. This means at some point between the applications the storm damage and the replacement roof were done.
• 6.3.4 When noting this and the comments raised from the neighbouring property, the balustrade hasn't been in place for a very long time.
• 6.3.5 Balconies have the potential to create an actual and perceived overlooking impact to neighbouring properties, which would ultimately create an overbearing impact, especially in terraced properties such as the application site. This is especially noted in the Residential Design Guidance which states that, "In most instances, roof terraces on terraced or semi-detached properties are unlikely to be acceptable."
• 6.3.6 A site visit was undertaken with regards to the neighbouring property, which showed that the rear garden of No.6 The Crofts is dominated by the flat roofed extension. With the majority of the space being able to be viewed if the balustrade is in place. Whilst there is the potential that the flat roof can be used as a balcony without the balustrade, the likelihood that the owners/occupants would go to the edge of the flat roof would be minimal, with the proposed balustrade resulting in a new level of disturbance to the neighbouring properties.
• 6.3.7 There is also the potential that if situated within the furthest corner to the flat roof that views back into the upper floor of the property is viewable.
• 6.3.8 What could also be seen from the site visit, is that the boundary wall between the properties is low, which means that if you are standing in either garden views are awarded over, whilst there vegetation between the properties, this does mean there is a certain amount of overlooking already available to both properties. There is also the fact that if situated at the French doors the occupants can see the upper half of No.6 The Crofts garden.
• 6.3.9 The main issue is that currently the likelihood of the flat roof being used is minimal, as such any possible overbearing impact to the proposal would be minimal, the addition of a balustrade which means the likelihood of the flat roof being used raises drastically, this also will mean that the overbearing feeling to the No.6 The Crofts will raise drastically with the perceived and actual overlooking being above and beyond what is currently in place. This will ultimately have a harmful impact upon the rear garden of No.6 The Crofts
• 6.3.10 Whilst a 1.8m high privacy wall of some sort could be added to the elevation to No.6 The Crofts the fact is that, that would add an overbearing impact to No.6 The Crofts, with the potential due to the location of the rear gardens, that additional loss of light might occur. The addition of a privacy screen would also not lessen the overbearing impact to the neighbouring property.

CONCLUSION

7.1 Overall whilst it is noted that the balcony was in use previously, a long time period has gone past. Whilst there may be a certain degree of overlooking due to the terraced nature of the properties, the fact that the proposed balcony is at first floor, coupled with how close the proposal is to the boundary of No.6 The Crofts creates an overbearing and actual/ perceived impact to the enjoyment of No.6 The Crofts rear garden above and beyond what is already in place. As such the proposal is recommended for refusal. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : Permitted Committee Meeting Date: 07.05.2024

Signed : V PORTER Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

PLANNING COMMITTEE DECISION 07.05.2024

Application No. : 24/00160/B Applicant : Mr Matthew Warren Proposal : Install frameless balustrade system to existing balcony Site Address : 8 The Crofts

Castletown Isle Of Man IM9 1LW Planning Officer Vanessa Porter Reporting Officer As above Addendum to the Officer’s Report

Following the Planning Application being deferred by the Planning Committee Members for a site visit (was subsequently undertaken on the 25th April 2024), from the previous Planning Committee Meeting, the Members were minded to approve the application with the following three conditions;

C1 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.

C2 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.

C3 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.

Conditions of Approval

• C 1. 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.

• C 2. 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.
• C 3. 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.