Planning Officer Report and Recommendation

Planning Report And Recommendations {{table:301337}} ### Considerations {{table:301333}} ### Written Representations {{table:301334}} ### Consultations {{table:301335}} {{table:301336}}

Officer's Report

Site

The dwelling Ballacrosha House, Station Road, Ballaugh, is a attached two storey property which is located on a corner plot, with station road to the east and Ballaugh Bridge to the east. The attached neighbouring property 'Brook Villa' is the to west.

Department Policies

The site has been zoned under the Isle of Man Development Plan Order 1982 as being within an area of 'existing residential' use; the site is neither within a Conservation Area, nor within an area zoned as High Landscape Value or Costal Value and Scenic Significance.

Planning History

Installation of uPVC casement windows to replace existing to front elevation - 06/00442/B – APPROVED

Creation of a vehicular access - 05/01489/B – REFUSED on the grounds:-

1. The creation of a vehicular access by reason of its siting would:

i) reduce the amount of amenity space for the property to an unacceptable level which will be detrimental to the enjoyment of the property for future occupiers; and ii) will allow for a further vehicle to be parked in front of the property which will adversely affect the character and appearance of the property to the detriment of the visual amenities of the locality.

1. The creation of a vehicular access by reason of its proximity to the junction of the A10 and the A3, the available visibility and the available sight lines for any new vehicular access created would be limited and contrary to the interests of road safety. As such, it is considered that appropriate off street car parking provision could not be safely provided and that the application is unacceptable.

Approval in principle for the division of existing property into two properties - 04/01665/A – REFUSED on the grounds:-

1. The proposed division of the existing dwelling into two dwellings would require the creation new vehicular access and the provision of appropriate levels of off street car parking. By reason of its proximity to the junction of the A10 and the A3, the available visibility and the available sight lines for any new vehicular access created would be limited and contrary to the interests of road safety. As such, it is considered that appropriate off street car parking provision could not be safely provided and that the application is unacceptable.

Repairs to existing front wall and creation of new vehicular access - 03/00914/B – APPROVED

Installation of replacement uPVC windows - 02/02330/B – REFUSED on the grounds:-

1. 'Ballacrosha House' is an attractive dwelling sited in a prominent position close to Ballaugh Bridge. The dwelling makes an important contribution to the local townscape and it is judged that the proposed replacement top opening windows would have an adverse impact on the character and appearance of the dwelling.

Proposal

The application proposes the retention of first floor railings, located on the southern elevation of the property.

Representations

Ballaugh Parish Commissioners:- No objections

Highways Division:- No objection

The owner/occupier of Brook Villa, Ballaugh, has objected to the planning application, which can be summarised as; invasion of privacy as there is a direct view from the area enclosed by railings into my lounge and bedroom; and the balcony is entirely out of keeping with the appearance of both Brook Villa and Ballacrosha House.

Assessment

I consider the submission needs thought on two counts, firstly the possible impact of overlooking from the balcony into Brook Villa property resulting in a loss of privacy and secondary the visual appearance the balcony has upon the street scene and that of the existing property and neighbouring property.

Dealing with the first issue of overlooking, the balcony is sited at first floor level on the southern elevation of Ballacrosha House and is directly on the boundary line with the adjacent property Brook Villa. The western elevation of Brook Villa is the front elevation of the property and comprises a total of two bay windows at ground floor level & the front door, and at first floor level consists of three windows.

A concern I have is that of direct overlooking from the balcony, i.e. the balcony is siting on the boundary and therefore directly looks into the garden area to the front and side of Brook Villa. Additionally whilst the balcony would not have complete direct views into the ground floor bay window and first floor window (closest to proposal) they would have some views and therefore certainly would be a perception of overlooking for the occupiers of Brook Villa. Whilst the front/side area of the property can be viewed from the public highway and therefore overlooking does occur in some respect, I consider this impact would only be by passers by, whereas this balcony would enable and encourage users to overlook on a longer term basis, and therefore would result in an unacceptable loss of privacy for the occupants of Brook Villa.

With regard to the concern of the appearance of the balcony I have concerns that the proposed balcony is not in keeping with the traditional natural of Ballacrosha House or Brook Villa. I consider that any balcony in this position should have a traditional appearance, particularly due to its very prominent nature within the street scene and the traditional nature of the properties.

Recommendation

For these reasons the balcony would be inappropriate in this location and therefore my recommendation is for a refusal.

Party Status

I consider that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: Highways Division Ballaugh Parish Commissioners Brook Villa, Ballaugh

Recommendation

Recommended Decision: Refused

Date of Recommendation: 07.09.2007

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

R 1.

The balcony in this location would lead to significant overlooking of adjacent front/side garden areas of the neighbouring property Brook Villa. It is considered that such overlooking would detract from the residential amenity currently enjoyed by adjacent occupiers due to loss of privacy and would therefore be an un-neighbourly development.

R 2.

The design of the balcony railings in this prominent location on the property and within the street scene results in a visually intrusive feature in this location and has a detrimental impact to the visual amenity of the area and upon the traditional nature of Ballacrosha House and Brook Villa.

• 1.

Within one calendar month of the date of this decision becoming final, the railings are to be removed from the site, and the site made good.

I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)

Decision Made : Refused Date: 11/9/07 Signed: [Handwritten signature] M. I. McCauley Director of Planning and Building Control