**Document:** Planning Officer Report **Application:** 07/00680/R — Retention of balcony **Decision:** Refused **Decision Date:** 2007-07-10 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/82964-lezayre-derby-road-balcony/documents/1497503 --- # Planning Officer Report ## Part 1 ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] [Table omitted in markdown export] ### Officer's Report #### The Application Site The application site is Flat 3 Harbour View, 3 Derby Road, Ramsey. The property is a three storey property which is located on the north side of Derby Road and adjacent to the roundabout junction with Bowring Road. #### Planning Policy The application site is within an area of town centre use under the Isle of Man Planning Scheme (Ramsey Local Plan) (No. 2) Order 1998, hereafter referred to as the Ramsey Local Plan. The site is not within a Conservation Area. ## Planning History Conversion of ground floor shop to flat – Shop, 3 Derby Road, Ramsey (02/01965/B) – APPROVED Conversion of garage to create additional living accommodation – Apartment 1, Harbourside Apartments, Derby Road, Ramsey. AMENDED PLAN (99/01176/B) – APPROVED Conversion of second floor into self-contained flat, 1 Harbour View, Derby Road, Ramsey (92/01116/B) – REFUSED Development to create private residential accommodation with existing shop, Builders Yard, Derby Road, West Quay, Ramsey (90/00838/B) – APPROVED Development of site to create retail, office, launderette and residential accommodation, Builders Yard, Derby Road, Ramsey (89/01719/B) – REFUSED Approval in principle to develop site to provide shops and office accommodation, garages and 5 flats over, Builders Yard, Derby Road, West Quay, Ramsey (89/00031/A) – REFUSED ## Proposal The application proposes the retention of the balcony at second floor level above the existing first floor balcony. The balcony has a projection of 1.8 metres and a width of 2.1 metres. To access onto the balcony a French door has been installed, replacing the existing window. The application is for the retention of the second floor balcony and associated structure only. The frame structure of the balcony is constructed by a 200 x 200mm steel column; the flooring is constructed with timber decking and railings with vertical balustrading. ## Representations Ramsey Town Commissioners advise that they have no objection The Department of Transport Highways Division:- *No comments* The owners of Apartment 1, Harbourside object to the planning application, which can be summarised as, the structure is poorly designed and does nothing to enhance the appearance of the area, loss of privacy in kitchen window due to overlooking from the balconies, loss of light due to structure and overlooking of adjacent balconies. The owners of Apartment 4, Harbourside object to the planning application, which can be summarised as, the size of the terrace is completely disproportionate to the other terraces adjacent to property, materials used are inappropriate and un-sympathetic to the rest of the building and loss of privacy due to overlooking of my own roof terrace. Magnatek Limited, R/O Shannon Court, Bowring Road, Ramsey write on behalf of the owners of Harbour View and Harbourside to object to the planning application, which can be summarised as, the development encroaches on our property. ## Assessment / Recommendation My initial concern with the proposal was the possible adverse impacts through overlooking resulting in loss of privacy to the neighbouring properties. The introduction of the balcony does introduce overlooking of the adjacent balconies/terraces, however I do consider that currently all the balconies/terrace have some degree of mutual overlooking over each other, and I therefore I do not consider a refusal on these grounds would be reasonable. Added to this the balcony would not introduce overlooking into the windows of any of the neighbouring properties, unlike some of the existing balconies/terraces which do overlook into neighbouring windows. As can be seen from a photograph submitted by the owner of Apartment 1, the view from their window is already obstructed by the existing balcony, which is located two metres away, in my opinion to the detriment of the residential amenity of the occupiers. I therefore consider, the proposal will further intensify the detrimental impacts to apartment 1 and introduce adverse impacts to the residential amenity upon apartment 4 which is above apartment 1, particularly to the window which provides natural light to the room (above apartment 1's kitchen window). For these reasons the proposal would seem inappropriate in this location and therefore my recommendation is for a refusal, on the grounds of adverse impacts upon the residential amenity due to the proximity and height of the balcony structure. ### Party Status I consider that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: The Ramsey Commissioners Highways Division Apartment 1, Harbourside Apartment 4, Harbourside Magnatek Limited, R/O Shannon Court, Bowring Road, Ramsey ### Recommendation Recommended Decision: Refused Date of Recommendation: 19.06.2007 ### 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 structure, by virtue of its proximity, height and projection would have an adverse impact on the adjoining dwellings Apartment 1 and Apartment 4 to the detriment of residential amenity and thereby would be un-neighbourly and unacceptable. Decision Made: Refuse Committee Meeting Date: 29/06/07 Decision Made: Refuse Committee Meeting Date: 29/06/07 20 June 2007 07/00680/R Page 4 of 4 20 June 2007 07/00680/R Page 4 of 4 --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/82964-lezayre-derby-road-balcony/documents/1497503*