**Document:** Planning Officer Report **Application:** 07/02325/B — Construction of a metal fire escape to replace existing balcony **Decision:** Permitted **Decision Date:** 2008-04-29 **Parish:** German **Document Type:** report / officer_report **Source:** https://planningportal.im/a/84454-german-stanley-terrace-christian-replacement-balcony/documents/1518752 --- # Planning Officer Report ## Planning Report And Recommendations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] ### Officer's Report Please see supplementary report following Planning Committee meeting 24th April 2008 at end of report. #### The Site The application site represents the curtilage of the residential dwelling Elm Bank, Stanley Terrace, Christian Street, Peel. The property is a three storey end terrace building which was formerly used as a residential care home. The property has since been converted back to a single dwelling house under PA 05/01762/R which was a split decision at appeal where the rear balcony aspect of the proposed development was refused. ### Planning Status The application site is located within an area identified as being Mixed Use by the Peel Local Plan (Planning Circular 6/89). The site is also within the Peel Conservation Area. Within the adopted Isle of Man Strategic Plan, the following policies are considered relevant in the assessment and determination of this application: #### General Policy 2, which states: "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." #### Environmental Policy 35, which states: "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." ### Planning History The following previous planning applications are considered relevant in the assessment and determination of this application: Planning application 05/00676/B sought permission for alterations and the conversion of former nursing home to three apartments. This application was refused on Review 8th September 2005. Planning application 05/01762/R sought retrospective permission for the alteration of former nursing home to a single dwelling, including balcony to the rear at first floor level. This application was the subject of a split decision with the balcony being refused 9th November 2006. The reason for refusal stated: "The balconies to the rear would have an unacceptable impact on the amenity of neighbouring properties due to their size and location by virtue of the overlooking of the rear gardens of these properties and the direct overlooking of the upper floor window of the neighbouring property." ### Representations The Department of Transport Highways Division does not object this application. Peel Town Commissioners have not commented on this application. The Isle of Man Fire and Rescue Service attaches a note to any subsequent approval. The owner/occupier of the property has expressed an interest in this application. The MHK for the area has asked to be kept informed of the progress of the application. ### The Proposal This application seeks approval for the construction of a metal fire escape to replace the existing balcony (which does not have planning consent) to the rear elevation of the property. The fire escape would serve all three floors of the property being fixed to the western end of the rear elevation which faces south. ### Assessment The issues to be considered in the assessment of this application are the visual impact of the proposed fire escape, particularly in relation to the Conservation Area setting and the potential for overlooking to adjacent properties. In terms of visual impact, the fire escape would not represent an enhancement to the Conservation Area, being a somewhat cumbersome structure. However it is considered that as the proposal would be restricted to the rear elevation of the property, which is not readily visible from the street scene, the stair case would not have an unacceptable visual impact so as to justify refusal. Turning to the issue of overlooking, it is recognised that the nature of use that a large balcony would serve is different to that of a fire escape given the larger area of available floor space provided by the balcony. However despite this difference, there would remain opportunity to stand or sit on the fire escape at varying levels up to second storey height for prolonged periods of time. This, it is considered would lead to an unacceptable level of overlooking of adjacent properties' gardens, namely numbers 33 and 37, to the detriment of residential amenity. This would contravene the requirements of General Policy 2 of the Isle of Man Strategic Plan; specifically part (g) which requires new development to protect the amenity of local residents. Building Control regulations would not require a fire escape for a three storey single dwelling house such as this and as such it is not considered that there is a demonstrated need for the structure to outweigh the associated adverse impacts set out above. Whilst it is accepted that the building previously had a fire escape installed when it was used as a residential care home, it is considered that to reintroduce such a feature would be detrimental to the residential amenity of adjacent neighbours. ### Recommendation It is recommended that the application be refused. ### Party Status It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status: Peel Town Commissioners The Department of Transport Highways Division The owners/occupiers of Elm Bank, StanleyTerrace, Christian Street, Peel. Accordingly the following parties are not granted Interested Party Status: The Isle of Man Fire and Rescue Service Mr T Crookhall MHK SUPPLEMENTARY REPORT FOLLOWING PLANNING COMMITTEE REPORT 24th APRIL 2008 The Planning Committee resolved to approve the application. The Committee were not convinced that the proposed fire escape would result in unacceptable levels of overlooking to adjacent properties so as to warrant refusal of the application. The size of available space that would be provided by the fire escape was not considered to be sufficient to allow persons to sit or stand for prolonged periods of time. The following conditions should be attached to the approval: C1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C2. This approval relates to the construction of a fire escape to replace the existing balcony which does not have approval as shown by the plans and information 06, 07 and 08 submitted and date stamped 17th December 2007. C3. The balcony which has been refused approval shall be removed and all visible signs of the fixings to walls removed and made good within 56 days of the date of this decision becoming final. ### Recommendation Recommended Decision: Refused Date of Recommendation: 29.02.2008 ### 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 proposed fire escape would result in an unacceptable level of overlooking to neighbouring properties to the detriment of residential amenity, contravening part (g) of General Policy 2contained within the Isle of Man Strategic Plan. - 1. The balcony which has been refused approval shall be removed and all visible signs of the fixings to the walls removed and made good, and the doors on the first floor which give access to the balcony shall be replaced by sash windows in keeping with the windows on the first-floor of the dwelling within 56 days of the date of this decision becoming final. Decision Made : Approved... Committee Meeting Date : 24/11/2008 --- *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/84454-german-stanley-terrace-christian-replacement-balcony/documents/1518752*