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18/1481/FUL | Retention of glazed balustrade to first floor; fitting of wire balustrading to rear first floor windows. | Parsonage House Bendarroch Road West Hill Ottery St Mary EX11 1UR
  • Total Consulted: 4
  • Comments Received: 2
  • Objections: 2
  • Supporting: 0
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Mr Richard Lock (Objects)

Comment submitted date: Mon 15 Oct 2018

Objection to Revised Planning Application ref. 18/1481/FUL - Retention of glazed balustrade to first floor; fitting of wire balustrading to rear first floor windows.
Our further comments below should be read in conjunction with our comments submitted on Friday 03 Aug 2018 objecting to the original version of Planning Application 18/1481/FUL.
We have reviewed the new drawing titled Proposed Combined Plans (Doc. No. 3230924) submitted in support of this revised planning application proposal which includes fitting wire balustrading across the three rear first floor windows on the south-east elevation of the house in addition to retaining glazed balustrade to perimeter of flat roof.
From inspection of the approved planning submission for the house, ref. 16/1276/FUL, the indicative drawing of the South East Elevation (Doc. No. 2322921), shows a balustrade across these three rear first floor windows. Hence it would seem that this balustrade already has planning approval as a part of the approved submission for the house. However, the builder has to date failed to comply with the approved drawing and install the balustrade to the three windows.
Despite the above, when the wire balustrade is in place, there will be no requirement for the glazed balustrade that has been erected without consent and forms the subject of this retrospective planning application. Indeed, if the glazed balustrade is retained to the perimeter of the flat roof, it will only serve to encourage the residents to remove (or climb over, or to again fail to install) the wire balustrade across the windows and use the flat roof as a balcony area which is in contravention of the existing planning consent (ref. 16/1276/FUL).
To mitigate against the temptation to use the flat roof as a balcony which would compromise the privacy of the neighbouring properties (please refer to our comments submitted on Friday 03 Aug 2018 objecting to Planning Application 18/1481/FUL), we remain of the strong opinion that this retrospective planning application should be rejected, and the glazed balustrade to the perimeter of the flat roof area that has been erected without planning consent should be removed. This will serve to ensure that the privacy of the neighbouring properties is maintained as prescribed in the conditions that are applied to the existing planning consent (ref. 16/1276/FUL).
Richard & Susan Lock
Little Wotton, Bendarroch Rd., West Hill EX11 1UR

Comment submitted date: Fri 03 Aug 2018

Objection to Planning Application 18/1481/FUL

We are the owners of Little Wotton the neighbouring property; and refer to the recent construction of a first floor balcony on Rucel/ Parsonage which is the subject of this retrospective planning application. This balcony was the subject of complaints to the Planning Officer earlier in 2018 due to it not forming a part of the planning approval for the site (reference number: 16/1276/FUL).

Planning application 16/1276/FUL was approved subject to various conditions including the following relating to the protection of privacy of adjoining properties:
Condition 5. Before the dwelling hereby permitted is occupied the first floor and ground floor windows on the north east elevation shall have been glazed with obscure glass and the obscure glazing of these windows shall thereafter be retained at all times.
(Reason - To protect the privacy of adjoining occupiers in accordance with Policy D1 (Design and Local Distinctiveness) of the East Devon Local Plan 2013-2031.)

It is evident that with the construction of the balcony it enables direct overlooking into the garden and windows of Little Wotton our neighbouring property. This involves a direct line of sight into:
- our private patio and garden area immediately to the rear of our property which is the main sitting out area adjacent to our property;
- our dining room on the ground floor; and
- our double bedroom on the first floor.

Approval of this proposal would permit close range views into our house and the adjacent patio garden area, which would result in a direct and unacceptable intrusion to our privacy.

The existing planning consent goes to some length to avoid compromising the level privacy between the neighbouring properties by the approved positioning of the new Rucel/ Parsonage building and the provision of obscured glazing in the windows. There is no justification to allow the potential prolonged overlooking from a high level that the balcony would enable into the windows of the neighbouring property as well as the rear patio.

We confirm our objection to the application due to the potential for overlooking caused by the proposed balcony being detrimental to the residential amenities of Little Wotton and that granting consent would create a harmful precedent for future applications proposing balconies overlooking neighbouring properties.

Richard & Susan Lock
Little Wotton, Bendarroch Rd., West Hill EX11 1UR

Mrs Paula Mountstevens-Braund (Objects)

Comment submitted date: Fri 12 Oct 2018

We have received notification via e-mail of an amendment to planning application 18/1481/FUL. We are writing to reiterate our objection to the glazed balustrade on the flat roof as it has created a balcony to the first floor which allows overlooking, resulting in loss of privacy and loss of amenity.

The amendment proposes the fitting of wire balustrading to the rear first floor windows. We would like to point out that this wire balustrading would be fitted in front of sliding doors not windows. We would also like to mention that the balustrading in front of these doors was approved in planning application 16/1276/FUL. The elevations for that application (Document: 1514.16 - June 11, 2016) showed a balustrade in front of each of the bedroom windows/doors that look onto the flat roof. These balustrades have already been permitted, however they have not been constructed. There should not be any requirement for further permission when already permitted!

A balustrade is designed to prevent people from falling off a balcony, bridge or terrace. The glazed balustrade is superfluous if the wire balustrading is fitted to the first floor bedroom window/doors. The glazed balustrade would only be required if the owner or future owners intended to use the flat roof as a balcony as it would prevent someone from falling off. If the flat roof area were used as a terrace/balcony then it would allow overlooking and loss of privacy to our property resulting in loss of amenity. From the balcony you can look onto our patio area and into our open-plan kitchen/dining/family area and our master bedroom.

Whilst the glazed balustrade remains the proposed wire balustrading could be removed at any time and safe access would be available to the flat roof, facilitating its use as a balcony. The existence of sliding doors as opposed to standard windows provides easy access to the enclosed area. The current or future owners could use this enclosed area as a balcony at any time while the glazed balustrade remains.

The property has been occupied since the end of 2017 but the balustrades to the bedrooms were never fitted. Instead the glass balustrade was constructed without planning permission. The glazed balustrade has been mounted on a parapet around the flat roof area. The parapet around the flat roof was constructed when the house was first built. It was not added later. We can only presume that it was constructed to prevent someone from falling off. If there is no intention to use this area as a balcony then why construct the parapet and glazed balustrade at all? The approved plans (16/1276/FUL) had already prevented this through the balustrades in front of the bedroom doors/windows.

The balustrade is glazed and therefore requires frequent cleaning. The glazing needs to be cleaned on both sides. One side of the glass can only be cleaned from on the flat roof. When the glazing is cleaned our property suffers from overlooking and loss of privacy. This is not be an annual event like clearing gutters but as frequent as cleaning windows.

The glazed balustrade needs to be removed and balustrades fitted in front of the bedroom windows/doors as per approved plans (16/1276/FUL).

Mrs Paula Mountstevens-Braund and Mr Andrew Braund
Daveen, Bendarroch Road, West Hill

Comment submitted date: Thu 02 Aug 2018

We object to the retention of the glazed balustrade to the first floor of the property.

The glazed balustrade has created a balcony on the first floor. Bedrooms 1, 2 and 3 of Parsonage House have sliding doors that allow access on to the flat roof.

The balcony allows overlooking and loss of privacy to our property. From the balcony you can look onto our patio area, open-plan kitchen/dining/living area and into our bedroom on the first floor.

Even if the current owner does not intend to use the balustraded area as a balcony, there is no doubt that a balcony has been constructed and that future owners of the property could use if for this purpose, resulting in overlooking and loss of privacy, affecting our enjoyment of our property, and resulting in loss of amenity.

The approved planning application (16/1276/FUL) had a condition to protect the privacy of adjoining neighbours (condition 6): Construction of a privacy screen on the veranda of bedroom 1; and a wall adjacent to the window of bedroom 3. These have been constructed.

The floor plans of the approved application showed the veranda would be enclosed and the elevation plans implied that juliette balconies would be fitted to bedrooms 2 and 3. This would prevent access to the flat roof. The veranda has not been enclosed and juliette balconies have not been constructed. Instead a glazed balustrade has been fitted creating a balcony to the first floor.

If the veranda is enclosed and juliette balconies are fitted as per approved plans (16/1276/FUL) there are no safety issues regarding the flat roof and we will not suffer from overlooking or loss of privacy.

The glazed balustrade needs to be removed to prevent overlooking and preserve our privacy.


Mrs Paula Mountstevens-Braund and Mr Andrew Braund

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