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25/90461/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90461/B Applicant : Mr Daniel Moore Proposal : Installation of flue (retrospective) Site Address : 3 Wesley Terrace Ballasalla Isle Of Man IM9 2DB
Planning Officer: Peiran Shen Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 22.07.2025 __
Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions
This application has been recommended for approval for the following reason. The flue does not harm the character and streetscene of the area nor neighbouring amenities. It is considered to comply with General Policy 2 and Environment Policy 22 of the Strategic Plan and the Residential Design Guide.
Plans/Drawings/Information;
This approval relates to the documents and drawing no. 01, 02, 03, which have been received on 11th June 2025. __
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: Malew Parish Commissioners - No objection __
Officer’s Report
1.0 THE SITE 1.1 The site is 3 Wesley Terrace, Ballasalla, a mid-terrace house located on the east of the Main Road. The height of the terrace rises for houses south of the application house.
2.0 THE PROPOSAL 2.1 This application seeks retrospective approval for the installation of a flue on the roof of the front elevation. The flue is higher than the roof ridge of both the application house and the adjacent house.
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25/90461/B
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3.0 PLANNING HISTORY 3.1 There is no previous application considered materially relevant to this application.
4.0 PLANNING POLICY Site Specific 4.1 The site is within an area designated as Mixed Use in the Area Plan for the South.
4.2 The site is not within any Conservation Area.
Strategic Policy 4.3 The Isle of Man Strategic Plan 2016 (IOMSP) contains the following policies that are considered materially relevant to the assessment of this current planning application: o General Policy 2 (b) (c) (g) o Environment Policy 22
4.4 The Isle of Man Strategic Plan has no assumption in favour of new development. In decision-making, approval should usually not be granted where a planning application conflicts with the Plan.
PPS and NPD 4.5 No planning policy statement or national policy directive is considered materially relevant to this application.
5.0 OTHER MATERIAL CONSIDERATIONS Strategy and Guidance 5.1 The Residential Design Guide (July 2021) contains the following guidance that are considered materially relevant to the assessment of this current planning application: o Chapter 5 Architectural Details
6.0 REPRESENTATIONS This section is a summary. The original texts of the consultations and comments received are available on the Planning Application Search on the government website. 6.1 Malew Parish Commissioners do not object to this application (03.07.2025).
6.2 DoI Highway Services has not commented at the time of this report (22.07.2025).
6.3 DEFA Environmental Health Unit has not commented at the time of this report (22.07.2025).
7.0 ASSESSMENT Elements of Assessments 7.1 The primary considerations are the impact of the proposal on: o character and streetscene of the area o amenities of the neighbouring properties
7.2 The flue is slim, but it does stand out from the existing design of the house. While this is considered undesirable, it is not considered to harm the character enough to be considered a sufficient reason for recommending refusal.
7.3 Environment Policy 22 states that it is important to protect the environment and quality of life by controlling development that would lead to unacceptable pollution and other nuisances. It also states that it is not the role of land use planning to duplicate controls, which are the statutory responsibility of other agencies, including other directorates within the Department. Based on this policy, along with the comment from the Environmental Health Unit, it is considered that there is no reason to recommend refusal, as there is no evidence to indicate unacceptable harm to the amenity of nearby properties.
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25/90461/B
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8.0 CONCLUSION 8.1 The flue does not harm the character and streetscene of the area nor neighbouring amenities. Therefore, the proposal is considered to comply with General Policy 2 and Environment Policy 22 of the Strategic Plan and the Residential Design Guide and is recommended for an approval.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal. __
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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made : Permitted
Date: 23.07.2025
Determining Officer
Signed : C BALMER
Chris Balmer
Principal Planner
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