214879

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                                      25/90070/B                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATIONS Application No. : 25/90070/B Applicant : Tracey Bell Proposal : Removal of chimney stack from western roof slope (retrospective) Site Address : 2 Royal Drive Onchan Isle Of Man IM3 1EY Planning Officer: Russell Williams Photo Taken : Site Visit : Expected Decision Level : Officer Delegation Recommendation Recommended Decision: Permitted Date of Recommendation: 01.04.2025 __ 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 removal of the chimney is not considered to have caused significant harm to the character and appearance of the dwelling or street scene and the proposals therefore comply with General Policy 2 of the Isle of Man Strategic Plan. Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 21 January 2025: 01B - Existing floor plans and elevations 02B - Proposed floor plans and elevations 03B - Location Plan 04B - Site Plan __ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Onchan Commissioners No objection DOI Highway Services

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No objection __ Officer’s Report 1.0 THE SITE 1.1 The site is the 2 Royal Avenue, Onchan, is a two-storey end-terrace dwelling located on the northern end of Royal Avenue. 1.2. The house consists of a two-storey dwelling with pitched-roof main dwelling. The dwelling is located to the prominent corner plot of the terrace and is adjoined to the south and east by dwellings. 1.3 The dwelling is of red brick walls with slate roof and has gabled bays to the north and west elevations. 2.0 THE PROPOSAL 2.1 The application seeks retrospective planning permission for the removal of a chimney stack to the roof of the dwelling. 3.0 PLANNING POLICY 3.1 The site is within an area designated as Predominantly Residential in the Area Plan for the East. The site is not within a Conservation Area, Area of High Landscape or Coastal Value and Scenic Significance or a Flood Risk Zone. 3.2 General Policy 2 of the Strategic Plan is considered applicable, 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." 4.0 OTHER MATERIAL CONSIDERATIONS

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4.1 The Residential Design Guide July 2021 is a material consideration. 5.0 PLANNING HISTORY 5.1 No planning history. 6.0 REPRESENTATIONS 6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows: Onchan Commissioners - Support the application. DOI Highway Services - No interest. 6.2 No representations have been received from members of the public. 7.0 ASSESSMENT 7.1 The main issue to be considered in the assessment of this application is the impact of the proposed development upon the character and appearance of the individual property and street scene. 7.2 The application site forms part of a well-established and attractive terrace of dwellinghouses along Royal Drive. There is a strong degree of uniformity within the terrace with the original character and architectural features of the buildings being well preserved. 7.3 Chimneys are present to the vast majority of dwellings within this terrace and others in the immediate setting. The presence of chimneys with between 4-6 pots to the roof is common. 7.4 The chimney to no.2 was removed when the house was being renovated. The application suggests that the chimney was defective and removed, though there is no evidence to support the claim. 7.5 Were the site to be more centrally located within the terrace then the removal of the chimney could be regarded as being harmful to the character and appearance of the dwelling, the terrace and street scene. However, this is a corner plot and when viewed without the chimney, the building is seen in conjunction with those adjoining properties and the terraces that run south and east where chimneys continue to have a positive visual impact. 7.6 On balance, the removal of this chimney from the corner plot is not considered to have caused significant harm to the character and appearance of the dwelling or street scene, though the same conclusion may not apply to other dwellings in the area should similar proposals be forthcoming. 8.0 CONCLUSION 8.1 The removal of the chimney is not considered to have caused significant harm to the character and appearance of the dwelling or street scene and the proposals therefore comply with General Policy 2 of the Isle of Man Strategic Plan. 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

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(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 the Head of Development Management 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 : 27.03.2025 Determining Officer Signed : S BUTLER Stephen Butler Head of Development Management

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