10 July 2007 · Planning Committee
Flat 3, Harbour View, 3, Derby Road, Ramsey, Isle Of Man, IM8 1da
The proposal sought permission to retain an unauthorised steel-framed balcony with timber decking at second-floor level above an existing first-floor balcony, accessed via a new French door replacing a window, at a three-storey residential property in Ramsey town centre.
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The officer's main concern was adverse impacts on neighbouring residential amenity through intensified overlooking and loss of light, despite existing mutual overlooking between balconies.
Do not oppose
No objection
Multiple neighbouring residents object to the retrospective retention of a balcony at Flat 3, Harbour View, citing poor design, privacy loss, light reduction, and inappropriate materials.
Key concern: loss of privacy and light to neighbouring properties
I. R. MacOwan
ObjectionThe whole structure is poorly designed and does not enhance the appearance of Harbour View or Harbourside buildings; The balconies overlook the kitchen window of our apartment. The structure reduces the light entering the kitchen window and obscures the view from the window; the second floor extension to the structure detracts from the simple lines of the single story frame and should not be permitted
Magnatek Limited (J.A. Derbyshire)
ObjectionWe are protesting this development as we feel it encroaches on our property
Mark Bell
ObjectionThe terrace has been built without any planning permission; The very size of the terrace is completely disproportionate to the other terraces adjacent to the property; the terrace completely impacts on my own privacy
The original application for retention of a second-floor balcony was refused by the Planning Committee due to adverse impact on neighbouring residential amenity from proximity, overlooking, and un-neighbourly development. The appellant argued the scale was modest, the principle established by prior approvals, no new overlooking into windows, and mutual overlooking already existed with neighbouring balconies. The inspector found the second-floor balcony appreciably worsened privacy for Flat 4 Harbourside by introducing direct overlooking onto its balcony and roof terrace from a second set of occupants, enhanced perception of overlooking, and some additional overshadowing. No policies were explicitly cited as decisive. The appeal was dismissed, with direction for balcony removal.
Precedent Value
Even where development principle is established by prior approvals, extensions creating additional vertical overlooking onto neighbours' outdoor spaces will likely be refused if they appreciably worsen privacy. Future applicants must demonstrate no net increase in perception of overlooking or disturbance from balconies.
