13 May 2024 · Committee
8, The Crofts, Castletown, Isle Of Man, IM9 1lw
The application sought to install a frameless glass balustrade (approximately 1.1m high) to an existing flat-roof balcony at the rear of this terraced property within a Conservation Area in Castletown. The main planning issues were the impact on the character and appearance of the Conservation Area and, most critically, the effect on the amenity of the neighbouring property at No.6 The Crofts — specifically overlooking and overbearing impact on its rear garden. The officer recommended refusal, concluding that the first-floor position of the balcony and its proximity to the boundary of No.6 would create an overbearing and actual or perceived overlooking impact beyond what already existed. The Planning Committee disagreed. It took the view that the flat roof had been in use for some time, that some degree of overlooking was already inherent in the terraced layout, and that formalising the balcony with a balustrade would not materially increase the overbearing or overlooking impact on No.6's rear garden. Permission was granted subject to conditions, including a requirement for bird-strike prevention measures on the glass.
The Planning Committee granted permission, finding on balance that the existing flat roof had already been in use and that any overlooking was largely a product of the terraced nature of the properties rather than the proposed balustrade. It concluded that the installation would not create an increased overbearing or overlooking impact on No.6 The Crofts beyond what already existed, and that the proposal therefore met General Policy 2g and the Residential Design Guidance 2021. This was a departure from the officer's recommendation to refuse.
General Policy 2g
overbearing overlooking impact
Environment Policy 35
Environment Policy 35: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development. 7.30 Development adjacent to Conservation Areas 7.30.1 It is often the case that important views into and out of a Conservation Area can contribute significantly to its character. It is necessary to assess the impact any development adjacent to conservation areas may have on such views.
General Policy 2
Residential Design Guidance 2021
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
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 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.
Condition 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.
