Planning Statement

PLANNING STATEMENT IN SUPPORT OF AN APPLICATION FOR THE INSTALLATION OF NEW BALUSTRADE AND CREATION OF BALCONY ON THE SECOND FLOOR, AND REPLACEMENT OF BALUSTRADE ON THE FIRST FLOOR, ALL AT 115, KING

EDWARD ROAD, ONCHAN IM3 2AX

Sarah Corlett Town Planning Consultancy Ltd 1 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 1.0 INTRODUCTION
• 1.1 115, King Edward Road is a three storey dwelling which sits in a triangular shaped plot on the northern side of King Edward Road. The site is accessed via a narrow roadway which runs parallel with King Edward Road and the Manx Electric Railway line which sits in between.
• 1.2 The houses in this part of King Edward Road are all very different in height, design and finish. The dwelling immediately to the west, number 113 is rendered, two storey property which front projecting bay windows and a slated roof.
• 1.3 The house to the east, number 117 is a more recently erected dwelling (which replaced a two storey house) which has three storeys accommodated under a pair of pitched roofed projecting elements with a balcony at first floor level. This is finished in painted render with a glass balustrade across the balcony and a garage door, window and entrance door below:

Sarah Corlett Town Planning Consultancy Ltd 2 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 1.4 The application property by contrast is a more horizontally proportioned building which has a stepped appearance as the building proceeds upwards. The walls are currently finished in a light coloured painted render with large areas of glazing and a dominant horizontal balcony in the centre of the front elevation at first floor level. This is presently finished with a glazed balustrade with tubular metal surrounds.
• 1.5 Whilst the second floor, which accommodates a bedroom, has patio doors in the centre of the front elevation which lead out onto a flat roof which runs above all of the first floor accommodation, this has no protective balustrade although it is possible to walk out onto this area. The photographs below illustrate the view from this second floor flat roof area:

Sarah Corlett Town Planning Consultancy Ltd 3 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

View to the west

View to the east

Sarah Corlett Town Planning Consultancy Ltd 4 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 2.0 PLANNING POLICY CONTEXT
• 2.1 The site lies within an area designated on the Area Plan for the East, adopted in 2020, as Predominantly Residential.
• 2.2 There are no Environmental or Infrastructural Constraints shown on the maps accompanying the application nor is the building Registered or in a Conservation Area. There are no Registered Trees on site and it does not lie within any area at risk of flooding.
• 2.3 There should then be a presumption in favour of residential development here provided that it is in accordance with General Policy 2 and the provisions of the Residential Design Guide.
• 2.4 General Policy 2 states:

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;

Sarah Corlett Town Planning Consultancy Ltd 5 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• (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.

2.5 The Residential Design Guide has the following advice about balconies:

• 4.11.2 In most instances, roof terraces on terraced or semi-detached properties are unlikely to be acceptable.
• 4.11.3 For detached properties they can be acceptable where they are carefully designed to avoid unreasonable overlooking of neighbouring properties (including gardens). Large separation distances to neighbouring boundaries and habitable room windows will help to avoid such issues.
• 4.11.4 Strategically placed solid screens/obscure glazed screens/slatted shutter screens may sometimes help where it is not otherwise possible to avoid overlooking. However, the use of such screens needs to be combined with careful design as such screening may result in a loss of light and/or be an overbearing and dominating feature to the outlook of the neighbouring properties/streetscene.
• 4.11.5 Balconies should not result in views into the rear windows of neighbouring properties at a distance of less than 20 metres.

Sarah Corlett Town Planning Consultancy Ltd 6 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 4.11.6 Additional consideration should also be given to the potential visual impact upon the streetscene and the individual dwelling.
• 4.11.7 A projecting balcony can result in an alien and top heavy feature, particularly at first floor level or above. Thought should be given to minimising the visual impact of such an addition with regard to the size, projection, and materials.
• 4.11.8 Balconies should be designed to complement the proportions and character of the property and should be in line with windows on the original house.

• 4.11.10 It is a requirement to ensure that neighbours’ privacy is maintained by installing screening (fence, hedge etc.) that reaches the height of 1.8 metres above ground level. Screening will only be appropriate if it does not cause loss of light and/ or be overbearing to an adjoining property.
• 4.11.11 These areas should be designed sensibly in order to avoid dominance at the front boundary of a property. Large areas of decking are unlikely to be supported at the side or front of a property.

Sarah Corlett Town Planning Consultancy Ltd 7 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 3.0 THE PROPOSAL
• 3.1 Proposed is the replacement of the existing tubular metal and glass balustrade at first floor level with a toughened frameless glass system.
• 3.2 Also proposed is the installation of the same system directly above to create a balcony area in front of the second floor patio doors. This upper balcony will not extend to the full width of the flat roof and be contained to the width of the existing second floor - essentially the area directly in front of the existing windows and door and marginally wider than the existing first floor directly balcony below.
• 3.3 The balustrade will be 1.1m high from ground level.

Sarah Corlett Town Planning Consultancy Ltd 8 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 4.0 PLANNING HISTORY
• 4.1 There are a number of applications which are considered relevant to the consideration of this application.
• 4.2 The site has been the subject of a number of applications:

• • 05/01797/B proposed the demolition of existing garage and erection of a double garage with ancillary living accommodation above with alterations and enlargement to existing driveway. This was refused initially but permitted at appeal. This was later amended under 06/01105/B.
• • 05/92313/B proposed alterations and extensions. These included the addition of the second floor complete with large side windows, referred to as an “observatory”. Despite the proposal including patio doors leading out onto the roof above the first floor, a condition was added requiring that ”The main flat roof section surrounding the observatory be restricted to access for repair and maintenance only and is not to be used for recreational purposes, which could cause an adverse impact on the neighbouring properties through overlooking and therefore a loss of privacy”.
• • 06/01105/B proposed minor amendments to 05/92313/B and was permitted.
• • 06/01612/B proposed further amendments and was permitted.
• • 09/01516/B proposed the creation of additional roof patio on part of the existing flat roof. This was refused initially and confirmed at appeal. There was an objection from the owners of 113, King Edward Road at that time, on the basis of a concern about overlooking of 113, King Edward Road.
• • The inspector concludes: “Despite its small area, views from the proposed roof patio would still overlook part of the rear garden and various east facing side windows of

113. Residents using this roof patio would easily be able to look down into these windows and a small part of the rear garden; this would inevitably lead to an unacceptable loss of privacy from time to time for the occupants of 113. The fact that 113 already suffers from loss of privacy by overlooking from the first floor west facing kitchen and dining room windows and the top floor bedroom/observatory

Sarah Corlett Town Planning Consultancy Ltd 9 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

windows of 115 is not a good reason to increase the amount of overlooking and loss of privacy.”

• Finally, 22/00258/B proposed the erection of a car port and was permitted.

Sarah Corlett Town Planning Consultancy Ltd 10 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 5.0 PLANNING ASSESSMENT
• 5.1 The issues in this case, they were with the 2009 application, is the impact of the proposed second floor balcony on the living conditions of those in the adjacent properties and the impact it would have, along with the replacement of the balustrade on the first floor, on the appearance and character of the property and the surrounding area more generally.
• 5.2 The findings of the inspector for the 2009 are relevant and remain material considerations. However, we would question whether the balcony as proposed would enable any view into the rear garden of either neighbouring property as it would not appear to be possible to see into these areas if one stands on the flat area where the proposed terrace would be.
• 5.3 Whilst there would be some view of the existing easterly looking windows in number 113, this view, and arguably a more direct view is already available from the first floor balcony and side windows within the application property: see below:

Sarah Corlett Town Planning Consultancy Ltd 11 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

Sarah Corlett Town Planning Consultancy Ltd 12 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

5.4 There are also already views from the second floor bedroom windows towards number 113:

Sarah Corlett Town Planning Consultancy Ltd 13 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 5.5 Cognisant of the previous refusal, the applicants have approached the owners of number 113 (the previous owner who objected has since sold the property to a new owner) and discussed the proposed second floor balcony and these neighbours indicated that they have no objection to it.
• 5.6 In addition to the above, the house to the east has been replaced and includes its own first floor balcony which sits slightly higher than the first floor balcony on the application property. This provides a view into the front garden of the application property which was not previously enjoyed along with higher level windows in that front elevation.
• 5.7 Since the previous refusal the Department has provided guidance on how new residential development can affect those in neighbouring property. In respect of balconies, it advises that where such structures could introduce overlooking or views within 20m this is unlikely to be permitted. The shortest distance between the side of the balcony and the window in the side of 113 is 18.8m. This distance would only be applicable if one were standing at the western end of the proposed balcony and looking directly towards the neighbouring property. Again, this view is already available from the first floor, windows and at a closer distance. It should also be noted that the Residential Design Guide refers to views into rear windows of neighbouring properties, not side or front windows. The guide refers to “large separation distances” where balconies would overlook neighbouring property including gardens.
• 5.8 We would suggest that whilst the 18.8m is slightly short of the recommended 20m separation distance, given the difference in level, the fact that the affected window in number 113 is not the principal window in that room and that a clear view into a large part of that room would not be possible, in this case this separation distance is acceptable. Added to this the fact that the window is already alongside an existing window and balcony in the application property.
• 5.9 The site is relatively exposed due to its height and the prevailing wind and weather make frequent use of the proposed balcony for prolonged periods unlikely. In addition the balcony will serve a bedroom which is not a space frequented or used by many persons who might be within the property. If the weather is sufficiently clement for the occupants to wish to sit on a balcony, they are more likely to use the first floor from where the view is equally impressive, and which is also adjacent to the kitchen.

Sarah Corlett Town Planning Consultancy Ltd 14 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C

• 5.10 The applicants did consider the installation of higher balustrading at the sides of the proposed balcony. However, they felt that this would interrupt the balance being sought by replicating the first floor balcony feature on the floor above and would also affect the outlook from within the bedroom so this feature was not incorporated into the scheme. The current dwelling is very rectilinear and consistent within the front elevation and adding curved or stepped balustrading on the second floor would interrupt that uniformity.
• 5.11 The proposed balcony, we feel would improve the appearance of the property bringing more uniformity to the front elevation and visually finishing off this principal facade. At present, the second floor appears unfinished, with its patio doors leading out onto what would be expected to be a balcony but none currently exists. Indeed, the reasons for refusal did not relate to the appearance of the balcony in the previous applications.
• 5.12 The proposed change of materials for the first floor balcony will reduce its impact and improve the crisp, modern character of the property.
• 5.13 We would submit that given the changes in circumstance and policy guidance which have come about since the refusal of the 2009 application, that this current application should be considered positively as according with General Policy 2 and the Residential Design Guide.

Sarah Corlett 17.10.25

Sarah Corlett Town Planning Consultancy Ltd 15 Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett

Company Registration 134325C