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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 19/00001/B Applicant : Linda And Chris Norman Proposal : Removal of chimney stack Site Address : 1 Drury Terrace Douglas Isle Of Man IM2 3HY

Planning Officer: Miss Lucy Kinrade Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Refused Date of Recommendation: 25.02.2019 __

Reasons for Refusal

R : Reasons for Refusal O : Notes attached to reasons

R 1. It is considered that there is insufficient evidence submitted as part of the application to demonstrate the need for the permanent removal of the chimney stack. The permanent and collective loss of stacks without justification would be detrimental to the character of the building, the streetscene and the wider Conservation Area in which the building sits.

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Interested Person Status - Additional Persons

None __

Officer’s Report

1.0 THE APPLICATION SITE 1.1 The application site is existing property 'The Whitehouse', 1 Drury Terrace, Douglas an existing end terraced property located on the corner of Drury Terrace and Princes Avenue. The existing property has four existing chimney stacks, two nearest adjoining property 2 Drury Terrace, one large stack mid-way along the roofscape facing Princes Avenue, and one book ending the gable elevation joining the rear access lane for the terrace.

1.2 Along this stretch there are chimney stacks located between each of the properties running along the terrace all of which are uniform size. Each end terrace property (the White House and Clifton) has additional stacks toward the rear and side elevations, these stacks being notably larger than the mid-terrace stacks.

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1.3 The application site lies within the Ballaquayle Road Conservation Area. The character appraisal of the Conservation Area states that the "majority of the terraces fronting on to Ballaquayle Road were built during the late nineteenth century and the progression down hill towards the sea is marked by the regular rhythm of splayed bay windows, gable peaks, decorative iron railings and other good quality Victorian detailing. The common use of materials and detailing serves to unify the group of terraces which makes a strong contribution to this main entrance to town."

2.0 PROPOSAL 2.1 The planning application seeks approval for the removal of the large chimney stack adjoining the main body of the building and centrally located on the roof scape nearest Princes Avenue.

3.0 PLANNING HISTORY 3.1 The application site has been the subject of one previous planning application for the removal of another chimney stack under PA 07/00451/B approved in 2007. There has also been an application for the removal of chimney stacks at Clifton, 9 Drury Terrace under PA 14/00788/B which was refused in 2014. The reason for refusal states:

R1 - "The existing chimney stacks to this property and the terrace as a whole form an important element to the character of this well maintained and prominent terrace which has thus far retained the majority of its original period details. Features such as chimney stacks play an important role in contributing to a building's architectural appeal and the loss of such prominent features along the building's roof-scape would only serve to detract from that appeal contrary to Environment Policy 35 and parts (b), (c) and (g) of General Policy 2 of the Isle of Man Strategic Plan 2007."

3.2 Given the nature of the application it may also be relevant to considered two previous planning applications for similar proposals that sought to remove existing chimney stacks in Conservation Areas with no replacements being proposed.

3.3 PA 15/01198/B - Commercial Hotel, Ramsey APPROVED AT APPEAL

The Inspector concluded here that given the poor state of disrepair, and the vegetation that sprouts from the chimney , that it gives the area a forlorn and neglected look. Its removal and replacement with a continuation of the existing slate roof would improve the appearance of the Conservation Area. In addition to this since the chimney stack no longer served any functional purpose, the Inspector stated that the benefit of retaining this structure would be purely aesthetic and as such was not satisfied that its potential contribution to the townscape would be significant.

3.4 PA 14/00683/B - 18 Kensington Road, Douglas REFUSED AT APPEAL.

The inspector concluded that the chimneys significantly contributed to the rhythm of the properties within the terrace and streetscene and their removal would substantially harm the character of the Conservation Area. In addition to this the Inspected shared concerns regarding the precedent in which a decision to approve would set as comparable problems of damp are likely to exist at other properties and that the cumulative result of the loss of chimney stacks would have substantially harmful impact on the Conservation Area.

4.0 PLANNING POLICY 4.1 In terms of local plan policy, the application lies within an area zoned as Predominantly Residential under the Douglas Local Plan 1998. As previously mentioned, the application site lies within Ballaquayle Conservation Area. Given the nature of the works the Isle of Man Strategic Plan 2016 contains one policy considered materially relevant to the assessment of this current planning application:

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4.2 Environment Policy 35: "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."

5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 Douglas Borough Council - no objection (dated 18/01/2019)

5.2 DOI Highway Services - no highways interest 14/01/19

6.0 ASSESSMENT 6.1 The issue in this case is whether the removal of the chimney stack would either preserve or enhance the character and appearance of the Conservation Area in accordance with Environment Policy 35.

6.2 Chimney stacks can add significantly to the character of a property and the wider area, and their removal can often be controversial given that their significance is often a result of a difference of opinion between two people.

6.3 Within PA 15/01198/B for the Commercial Hotel in Ramsey the reporting officer considered that the stacks were important and worthy of retention whilst the Inspector considered that the stacks were visually unattractive.

6.4 In the case here we have property which is situated at the end of a terrace and on a corner plot whereby two elevations contribute to the character of the streetscene. Its location on a corner also allows unobstructed views to the roofscape, particularly from adjacent sides of the road.

6.5 There is a notable size difference between the each of the stacks on the application property, with the stack forming part of this application being by far the tallest. From Princes Avenue the chimney stack appears slightly out of context, even more so with the previous stack of PA 07/00451/B being permanently removed, however when the property is viewed from the adjacent junction of Marathon Road, the height of the chimney stack means that it is visible from above the roof capping the corner and results in a stack which visually marries in with those mid-terrace stacks running along Clifton Terrace.

6.6 Often is the case that chimney stacks such as those along Clifton Terrace can over time deteriorate in physical state and form due to their age. It is always first sought that these stacks are repaired and maintained, where evidence is provided to demonstrate their structural instability it may be considered acceptable to have the original stack removed and replaced with a replica false stack to ensure that the character of the area is preserved.

6.7 In the case of this application, there is little information provided to justify why the stack should be permanently removed. The application also fails to demonstrate why repair or replacement is not practicable.

6.8 Historic application PA 14/00788/B for 18 Clifton raised concern that any approval for the removal of stacks could set a precedent for neighbouring properties to similarly apply for the permanent removal of their chimney stacks, a collective loss of which would have a detrimental impact on the wider character of the designated Conservation Area.

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6.9 In this instance and minded that one stack has already been permanently removed; the further removal of stacks here without sufficient justification or evidence for their removal would result in an unacceptable and harmful visual impact on the Conservation Area and failing to preserve or enhance the character and appearance in line with EP35 of the IOM Strategic Plan 2016.

7.0 CONCLUSION 7.1 For the above reasons and minded that the application has failed to provide any reason or evidence demonstrating the overriding need for the stack to be permanent removed the application should be refused. The unacceptable and collective loss of stacks here would detriment the rhythm of the roofscape, bringing harm the overall historic and architectural character of the streetscene and the wider designated Conservation Area.

8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.

8.2 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 in Article 6(4) 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.

Decision Made : Refused Date: 01.03.2019

Determining officer

Signed : S CORLETT Sarah Corlett

Principal Planner

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