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25/90134/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90134/B Applicant : Mr & Mrs Paul & Hedy Quirk Proposal : Installation of a flue Site Address : 16 Brewery Wharf Castletown Isle Of Man IM9 1EU
Planning Officer: Vanessa Porter Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 18.03.2025 __
Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
This application has been recommended for approval for the following reason. The proposed flue is deemed acceptable in terms of their form, mass and design, which will ultimately preserve the overall Conservation Area and Streetscene, as such the proposal complies with Section 18(4) of the Town and Country Act (1999) and General Policy 2 & Environment Policy 22 and 35 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 17th February 2025; o Location plan o Drawing No. 1662.F1 o Drawing No. 1662.F2 __
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No objection __
Officer’s Report
THE APPLICATION SITE
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25/90134/B Page 2 of 4
1.1 1.1 The application site is within the curtilage of No.16 Brewery Wharf, Castletown which is a three storey mid-terraced property situated to the East of Brewery Wharf in Castletown.
1.2 To the front of the property is a small terrace and to the rear is a right of way and several garages.
THE PROPOSAL 2.1 The current planning application seeks approval for the installation of a flue to the rear elevation. The proposed flue is to measure approximately 0.6m above roof level.
PLANNING HISTORY 3.1 The previous applications on the site are not relevant in the assessment of this application.
PLANNING POLICY 4.1 The site lies within an area zoned as "Predominantly Residential" under the Map 5 - Castletown. The site is within a High Risk Flood Risk Zone (Tidal) and is within a Conservation Area.
4.2 Given the nature of the of the land designation and the property being within a Conservation Area, Section 18(4) of the Town and Country Planning Act (1999) is the most relevant in the assessment of this application. Followed by paragraph 7.29.2 and Environment Policy 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area.
4.3 Also relevant to the proposal is Environment Policy 10 which seeks that all applications within a Flood Risk Zone is accompanied by a Flood Risk Assessment and Environment Policy 22 which sets out prevention of unacceptable harm to the environment and/or the amenity of neighbouring properties.
REPRESENTATIONS 5.1 The following representations can be found in full online, below is a short summary;
5.1 DOI Highway Services have considered the application and state, "No Highways Interest." (26.02.25)
5.2 No comments have been received from Castletown Commissioners at the time of writing this report. (18.03.25)
5.3 DEFA Environmental Health have written in with comments regarding the proposal, to which they do not object. (04.03.25)
ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are:
6.2 SECTION 18(4) TEST - CHARACTER 6.2.1 Due to the proposed works being situated in a Conservation Area, it is necessary to test the application under Section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works preserve or enhance the Conservation Area. When looking at proposed flue, the character of the streetscene in this part is residential, as such the proposal to include a flue to the roof would be acceptable, as it would not alter the residential character of the overall Conservation Area.
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25/90134/B Page 3 of 4
6.3 SECTION 18(4) TEST - APPEARANCE 6.3.1 When looking at the proposal, the flue is proposed to be situated more to the rear of the property; this means that the proposed flue will be seen within the streetscene. Whilst this is the case, flues are not an unusual feature within residential properties and are becoming popular even within recently built properties such as the application site. As such given that the proposed flue should not have a significant visual impact upon the overall streetscene, given its size, it is considered that the proposal would be an appropriate form of development within the streetscene and to the individual property, whilst not affecting the appearance of the Conservation Area.
6.4 IMPACT ON NEIGHBOURS 6.4.1 Turning towards whether the proposal would have an impact upon the amenity of the neighbouring properties. Given the location of the flue to the upper roof level, it is considered to be of sufficient distance away for adequate discharge of the smoke following combustion.
6.5 OTHER MATTERS 6.5.1 It is noted that the application is situated within a Flood Risk Zone, whilst this is the case, the proposed flue and works are situated to the roof level of the property and as such are unlikely to impact the flood risk of the property or the surrounding properties enough to warrant a Flood Risk Assessment.
CONCLUSION 7.1 For these reasons the proposal is considered to comply with the relevant polices of the Isle of Man Strategic Plan 2016 and there is no demonstrable harm arising from the application. The living conditions of the neighbouring properties are not to be made worse as a result of the proposal and there is to be no impact on the designated Conservation Area, As such the application is recommended for approval.
RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 8.1 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).
8.2 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.
8.3 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.
8.4 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.
8.5 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.
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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 : 18.03.2025
Determining Officer Signed : S BUTLER
Stephen Butler
Head of Development Management
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