Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 25/90158/B Applicant: Mr Liam Finch Proposal: Installation of flue for wood-burning stove Site Address: 11 Victoria Road Douglas Isle Of Man IM2 4EY Principal Planner: Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 11.03.2025 _________________________________________________________________

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.

For these reasons the proposal is considered to comply with the relevant polices of the General Policy 2 and Residential Design Guide 2021 having no significant adverse impacts upon public or private amenities.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 11.02.2025.

_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No Objection Local Authority - No Objection/no comments received

_________________________________________________________________ Officer’s Report

1.0 SITE - 1.1 The application site is the residential curtilage of 11 Victoria Road, Douglas which is a two storey traditional end terrace, located on a corner plot with Victoria Road to the south and James Place to the east.

2.0 PROPOSAL - 2.1 The application seeks approval for the installation of a flue which would project above the exiting roof plane by approximately 1m and 0.6m above the roof ridge of the main dwelling. The flue is located within the rear roof plane of the dwelling and finished in black.

3.0 PLANNING POLICIES - 3.1 In terms of land use designation under the Area Plan for the East the site is within a "Predominately Residential" land use designation and not within a Conservation Area nor a Registered Building. - 3.2 The Isle of Man Strategic Plan 2016 contains two policies that are considered specifically material to the assessment of this current planning application. General Policy 2 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:

• (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; (g) does not affect adversely the amenity of local residents or the character of the locality;"

3.3 Environment Policy 22 states: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:

• i) pollution of sea, surface water or groundwater;
• ii) emissions of airborne pollutants; and
• iii) vibration, odour, noise or light pollution."

3.4 Residential Design Guide 2021

4.0 PLANNING HISTORY - 4.1 There are no previous planning applications which are considered relevant in the assessment and determination of this application.

5.0 REPRESENTATIONS - 5.1 Highway Services comments there are no highway implications (17.02.2025). - 5.2 Douglas Borough Council have no objection (26.02.2025).

6.0 ASSESSMENT - 6.1 The principal issue relates to the visual impact upon the street scene and upon the individual property. The flue from Victoria Road and James Place would not be a prominent feature from public viewpoints, namely given its position to the rear, and surrounding building development (neighbouring dwellings). The flue in terms of design and size is becoming more common, which a number of properties throughout the IOM having them installed. Accordingly, while it would be a new feature to this dwelling it is not considered it would have a significant visual impact given its size and given flue are not unusual features to residential properties. Accordingly, it is considered the proposal would be an appropriate form of development within the street scene and to the individual property.

• 6.4.1 The main issue is not whether the physical flue would have impact (it doesn't); but rather whether the smoke emitted from the flue would give raise to an unacceptable impact upon neighbouring amenities.
• 6.4.2 There has been a previous application which was approved initially but refused on appeal following an adverse recommendation from the inspector. This application, 18/01125/B at Close Cowley was refused, one reason relating to the effect of its use in terms of smell and

• smoke nuisance, to the immediate neighbour. The inspector was concerned about the emissions from the flue, regardless of the fact that it appeared to have been installed by a registered installer and that Environmental Health had visited the site and had not experienced any smoke or smell. This flue was installed almost on the boundary of both properties and approximately 1m from the rear elevation, extending around 1m higher than the eaves of the main part of the two storey house. What is proposed here differs from the Close Cowley proposal as the flue would project above the roof ridge and be therefore set a number of metres above neighbouring windows and being near the roof ridge. At Close Cowley the flue ran parallel with the rear elevation, about 1m away from a neighbouring window and 1m above the eves and therefore was much closer to the openable windows and the soffit window trickle vents of the neighbouring property which was considered to be affected.
• 6.4.3 The inspector commented that; "The purpose of any flue is to discharge smoke and pollutants and to do so they are usually positioned so that the discharges are at a relatively high level and that they are dispersed naturally in the air. They are also positioned well away from openable windows or vents so that there is no risk of smoke and pollutants being blown back into the host property or any other."
• 6.4.4 It is also noted that the flues height would be similar to existing chimneys stacks, which could be used and potentially have a greater impact as open fires generally create greater qualities of smoke.
• 6.4.5 In this case given the flue's position and height from neighbouring windows, it is considered the impacts would not be so adverse or unacceptably harm the environment and/or the amenity of nearby properties to warrant a refusal and would comply with GP2 and EP22.

7.0 CONCLUSION - 7.1 For these reasons the proposal is considered to comply with the relevant polices of the General Policy 2 and Residential Design Guide 2021. Therefore the application is recommend for an approval.

8.0 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.

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: 11.03.2025 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record.