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22/00743/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00743/B Applicant : Mr & Mrs Steinar & Elizabeth Draegebo & Lake Proposal : Installation of a first floor balcony Site Address : 4 Windsor Terrace Douglas Isle Of Man IM1 3LU
Planning Officer: Mr Peiran Shen Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 26.07.2022 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The proposed form and material do not fit in with either the dwelling itself or the terrace it's a part of. The proposed balustrades are not able to reduce overlooking to an acceptable level. This application is considered to fail to comply with the Town and Country Planning Act 1989, General Policy 2 and Environment Policy 35 of the Strategic Plan, Planning Policy Statement 1/01 and the Residential Design Guide 2021. Therefore, it is recommended for a refusal.
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Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE 1.1 The site is within the residential curtilage of 4 Windsor Terrace, Douglas, a mid-terrace dwelling located on the east of the Windsor Terrace.
1.2 The house consists of a three-storey pitched-roof main dwelling and a two-storey flat- roof side extension. The side extension is set back from the front elevation of the main dwelling. The side extensions are connected with the side extension of 3 Windsor Terrace.
2.0 THE PROPOSAL
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2.1 The proposal is the erection of a balcony on the first floor level at the corner formed by the main dwelling and the side extension.
3.0 PLANNING HISTORY 3.1 There is no previous application considered materially relevant to this application.
4.0 PLANNING POLICY Site Specific 4.1 The site is within an area designated as Predominantly Residential in the Area Plan for the East.
4.2 The site is within the Windsor Road Conservation Area.
Strategic Policy 4.3 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: o Strategic Policy 3, 4 (a) and 5 o General Policy 2 (b), (c), (g), (m), (n) o Environment Policy 35 and 42 o Community Policy 7, 10 and 11
PPS and NPD 4.4 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is the only adopted PPS at the moment. It provides supplementary policy on developments within any conservation areas.
5.0 OTHER MATERIAL CONSIDERATIONS Legislation 5.1 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". This sets out the approach to be taken in determining planning applications, which includes giving great weight to the asset's conservation when considering the impact of a proposed development on the asset. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given in section 7.
Strategy and Guidance 5.2 The Residential Design Guide (July 2021) contains the following guidance that are considered materially relevant to the assessment of this current planning application: o Section 4.11 Roof Terraces, Balconies, Decking and Patios o Chapter 5 Architectural Details o Chapter 7 Impact on Neighbouring Properties
6.0 REPRESENTATIONS 6.1 Douglas Borough Council has no objection to this application (08.07.2022).
6.2 Highway Services states there is no highway interest in this application (06.07.2022).
7.0 ASSESSMENT Conservation Areas Statutory Test 7.1 Before assessing elements of the proposal, as it is within a Conservation Area, a test should be applied to this proposal as mentioned in 5.1. This is whether the proposal would preserve or protect the character of the Conservation Area.
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7.2 Roof terraces are not a typical element in Conservation Areas, nor are glass balustrades a typical feature in Conservation Areas. In addition, the proposal would disrupt the existing rhythm of the front of the terrace. Therefore, it is considered that the proposal would not preserve or enhance the character of the area and therefore fail the test. This creates a presumption against recommending approval unless there is evidence of overwhelming public benefit.
Elements of Assessment 7.3 The key consideration in the determination of the application impacts on the house itself, the character and street scene of the area, and the amenities of the neighbours.
Design of the House Itself 7.4 As mentioned in 7.2, the proposed balcony does not fit in with the existing building or materials. Therefore, it is considered that the proposal does not respect the design of the house itself.
Character and Street Scene 7.5 As mentioned in 7.2, the proposal does not fit in with the existing terrace in form and material. Therefore, it is considered that the proposal would be a negative impact on the character and appearance of the Area.
Neighbouring Amenities 7.6 The addition of glass balustrades would not impact the mass of the building. Therefore, it is considered that there is no concern for overshadowing or overbearing.
7.7 The proposal would be able to overlook into the front yard of No.3 Windsor Terrace despite the 1.7m obscured glazing panel, as 1.7m is still within and not above typical eye level. Therefore, it is considered that the additional overlooking is not acceptable.
8.0 CONCLUSION 8.1 The proposal is considered to fail to comply with the Town and Country Planning Act 1989, General Policy 2 and Environment Policy 35 of the Strategic Plan, Planning Policy Statement 1/01 and the Residential Design Guide 2021. Therefore, it is recommended for a refusal.
8.2 The proposed form and material do not fit in with either the dwelling itself or the terrace it's a part of.
8.3 The proposed balustrades are not able to reduce overlooking to an acceptable level.
9.0 INTEREST PERSON STATUS 9.1 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 which 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.
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9.2 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 can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Refused Date: 28.07.2022
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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