6 September 2018 · Head of Development Management (Stephen Butler)
18, Church Avenue, Onchan, Isle Of Man, IM3 4ed
The proposal sought retrospective permission for the removal of a shared chimney stack between two terraced properties at 18 & 20 Church Avenue in Onchan, following its collapse during damp repair works.
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The officer determined that the chimney stacks are a prominent feature making a significant contribution to the character and design of the terrace, visible from the public footpath and longer views a…
General Policy 2
GP2 permits development in accordance with zoning if it respects site surroundings in scale, form, design; avoids adverse townscape impacts; and protects locality character and amenity. The officer tested the retrospective chimney removal against GP2(b), (c), and (g), finding it would harm the terrace's characteristic rhythm of shared chimneys, appear unbalanced, and dilute the unique streetscene despite no conservation designation.
no Highways Interest in the proposal
Onchan District Commissioners recommend refusal due to the removal not being in keeping with the existing streetscape, while DOI Highways Division has no highways interest.
Key concern: Not in keeping with the existing streetscape
Onchan District Commissioners
ObjectionThe Commissioners recommend that the application still be REFUSED on the grounds that:- "Not in keeping with the existing streetscape."
Department of Infrastructure (DOI) Highways Division
No ObjectionNo Highways Interest; NHI on 23-7-18
Department of Infrastructure (DOI) Highways Division
No ObjectionNo Highways Interest; NHI on 23-7-18
The original application for retrospective removal of a shared chimney stack between Nos 18 & 20 Church Avenue was refused on 6 September 2018 because it adversely impacted the character and appearance of the property and locality, contrary to GP2 of the IOMSP. The appellant argued that the chimney collapsed due to damp issues after failed repairs, that other chimneys have been removed nearby, and that the works respect the site and comply with GP2. The Council defended the refusal emphasizing the chimney's role in the terrace's rhythm and character, potential precedent, and alternative repair options. The inspector, after a site visit, agreed with the Council, finding the removal equivalent to 'the loss of a tooth' that breaks the rhythm of chimney stacks stepping up the terrace, causing significant harm contrary to GP2(b), (c) and (g). The Minister accepted the inspector's recommendation to dismiss the appeal on 8 January 2019.
Precedent Value
This appeal emphasises that even retrospective removal of shared chimney stacks in terraced streets with established rhythms will be resisted if they cause significant visual harm, regardless of maintenance issues or isolated examples elsewhere. Future applicants should explore repairs or alternatives preserving streetscape character before removal.
Inspector: Anthony J Wharton
