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25/90272/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90272/B Applicant : Mr A French Proposal : Removal of chimney from rear outrigger and repainting of 28 Christian Road in grey (in association with RB consent application 25/00331/CON) Site Address : 26 And 28 Christian Road Douglas Isle Of Man IM1 2QN
Principal Planning Officer: Belinda Fettis Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 13.05.2025 __
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. Having applied the Statutory Test of Section 18(4) of the Town and Country Planning Act (1999), the proposal would preserve the character of the Conservation Area. Overall the proposal accords with Planning Policy Statement 1/01, General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, and the Design Guide.
Plans/Drawings/Information;
This decision relates to the following plans and detail received on the 12th of March 2025 and 27th of March 2025. o Location plan o Site plan o Existing and Proposed Elevations, drawing no.PL03 (27.03.2025)
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
Douglas Corporation - no objection
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25/90272/B
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Highway Services (DOI) - - no objection __
Officer’s Report
1.0 THE SITE 1.1 The site relates no. 28 Christian Road Douglas. The terraced property comprises 4 floors of apartments, with the 4th floor occupying the roof space. The property is on the north side of Christian Road.
1.2 Throughout the front façade of the building there are mouldings around the openings and under the eaves. Apart from the entrance door, the ground floor has a bay window comprising 3 openings. Between each terrace building there is a shared chimney stack with a row of chimney pots for each side of the building. The rear and outrigger elevations are relatively plain render and painted brick.
2.0 THE PROPOSAL 2.1 The application proposes removal of the chimney on the rear outrigger and to paint the rear elevation a light grey colour. This application is submitted in conjunction with application no.25/00331/CON.
2.3 In application is supported by the appropriate plans.
3.0 PLANNING POLICY 3.1 Site Specific 3.1.1 On the Area Plan for the East, Proposals Map 5, Douglas Town Centre, the site lies within an area designated as 'Predominantly Residential'.
3.1.2 The site is within the Windsor Road Conservation Area.
3.1.3 The site is not a Registered Building but the terrace opposite the rear elevation on Harris Terrace are Registered Buildings. Therefore the site is within the setting of a Registered Building.
3.1.4 There are no protected trees and no flood zones within or abutting the site.
3.2 Strategic Policies Taking account of the above, within the adopted Isle of Man Strategic Plan 2016, the following policies are considered relevant in the determination of this application.
3.2.1 Strategic Policy 3 and Environment Policy 42 focus on the visual design of development and its impact upon the character and identity of its immediate locality.
3.2.2 Strategic Policy 4 states that development must protect or enhance the fabric and landscape quality of a Conservation Area.
3..2.3 General Policy 2 states that development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of the Strategic Plan will normally be permitted, provided that the development accords with the criteria of the Policy. In this case the following criteria are considered relevant (b) (c) and (g); (b) respects the site and surroundings in terms of the design. (c) does not affect adversely the character of the surrounding landscape or townscape; and (g) does not affect adversely the amenity of local residents or the character of the locality.
3.2.4 Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.
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3.2.5 Environment Policy 35 and Planning Policy Statement 1/01 require development to preserve or enhance the character or appearance of the area and to take into account in any decision, the special character of the area.
OTHER MATERIAL MATTERS 4.1. Planning Policy Statement 1/01 (Conservation of the Historic Environment of the Isle of Man) - Policy CA/2, (Conservation Areas); "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application.
4.3. Residential Design Guide (July 2021), Chapter 5 Architectural Details, 5.1 Chimneys; 5.3 Finishing and Detailing.
4.4. Legislation: Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". This sets out the approach to be taken in determining planning applications, which includes giving great weight to the asset's conservation when considering the impact of a proposed development on the asset. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given in section 7.
5.0 PLANNING HISTORY 5.1 In addition to the associated application given above, other planning history exists but none are relevant in determining this planning application.
6.0 REPRESENTATIONS 6.1 Local Authority o Douglas Corporation - No objection (09.04.2025)
6.2 Statutory Bodies o Highways - No Interest (07.04.2025)
o Registered Building Officer - although consulted on 03.04.2025 has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
o Manx National Heritage - although consulted on 03.04.2025 has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application
o Manx Utilities - although consulted on 03.04.2025 has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application
7.0 ASSESSMENT
7.1 Where traditional chimneys exist the preference is for them to be retained. Chimneys are an important feature within any roofscape, particularly when viewed cumulatively amongst period properties. Painted render, brick or stone facades are common throughout the island and of various colours. There key elements for consideration are whether the proposed removal of the chimney and painting the rear of the building is harmful to the character of the Conservation Area; And whether the proposal at least preserves the Conservation Area.
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7.2 In respect of painting the rear elevation, this elevation is already painted, cream / pale white, therefore re-painting is acceptable. A new colour is proposed, light grey, and there are examples of shades of grey in the vicinity. The facades proposed painted light grey are on the rear and opposite the frontages of dwellings on Harris Terrace. There is a mix of colours on the properties on Harris Terrace. Because other properties have coloured painted facades it would not cause harm to the character of the building, or the streetscene for the rear to be painted a different colour.
7.3 In respect of the chimney proposed removed, this is on the rear and subservient to the buildings main roof. Within the terrace, some outrigger chimneys have already been removed.
7.4 Loss of the chimney on the rear outrigger is regrettable and would cause harm to the character of the building. However because others have been removed, its loss would not cause adverse harm and would not be out of present character in the streetscene. Overall its removal would not cause sufficient harm to warrant refusal.
7.5 In applying the test under section 18(4) of the Town and Country Planning Act (1999) as to whether the works preserve or enhance the Conservation Area. The proposal would preserve the Conservation Area, and the essential character of the locality.
8.0 CONCLUSION 8.1 The proposal would overall retain the character of the building and so preserve the Conservation Area. Therefore the proposal meets the Statutory test of Section 18(4) of the Town and Country Planning Act (1999).
8.2 Overall the proposal accords with Planning Circular 1/98, Strategic Policy 3 and 4, General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, and the Design Guide.
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.
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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: 14.05.2025
Determining Officer
Signed : C BALMER
Chris Balmer
Principal Planner
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