Planning Authority Appeal Statement

Statement Of The Planning Authority

Isle of Man

Government

Reillys Ellan Vannin

Planning statement on behalf of Department of Infrastructure Planning and Building Control

Removal of a chimney stack

18 Kensington Road Douglas Isle Of Man IM1 3EP

PA Reference 14/00683/B

Statement prepared on behalf of DOI Planning and Building Control

by Planning Officer: Mr Edward Baker

The Application Site

1. The application site is No. 18 Kensington Road, Douglas. The site comprises one of a row of a terrace of traditional period two and a half storey dwellings.

1. The site lies within the Woodbourne Road Conservation Area.

The Proposal

1. The application seeks planning approval for the removal of a chimney stack. The applicant states that there is a water damage problem shared with their neighbour. They say that they have made attempts to stop the water but have been unsuccessful.

Planning History

1. The site has no planning history of particular relevance to the current application.

Planning Policy

1. The Douglas Local Plan 1998 identifies the area as being predominantly residential.

1. The following policies in the Isle of Man Strategic Plan 2007 are considered relevant:

General Policy 2:

'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.'

Environmental Policy 35 of the Isle of Man Strategic Plan 2007 states:

'Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development.'

1. Policy CA/2 of Planning Policy Statement 1/01 "Conservation of the Historic Environment" is relevant. It places emphasis on the need to consider the impact of development proposals upon the special character of the Conservation Area.

Representations

1. Douglas Borough Council - no objection.

Assessment

1. The proposal is to remove the existing chimney stack. The chimney is substantial and is of a design characteristic to this row of terrace dwellings. All the properties have identical chimneys. The exception is No. 15 Kensington Road, which is the end property and which has had a replacement concrete chimney in place of the original traditional chimney. The Conservation Officer has advised that the removal of the chimney would have a detrimental impact on the character and appearance of the terrace with the chimneys forming an important element of their overall character. In turn, the character and appearance of the Conservation Area would be harmed. The applicant has been advised of these concerns and offered the opportunity to rebuild the existing chimney with a like for like replacement. However, there has been no confirmation that they wish to do this. Their case that there is a water ingress problem is not considered sufficient to outweigh the more significant design concerns. Accordingly it is recommended that the application be refused.

Recommendation

1. It is recommended that the application is refused.

Party Status

1. The local authority, Douglas Borough Council, is by virtue of the Town and Country Planning (Development Procedure) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.

1. The Highways Service is granted interested party status under the Town and Country Planning (Development Procedure) Order 2013 paragraph 6 (4) d.

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The reasons and notes (if any) related to the Department’s original refusal

R 1.

The proposed removal of the chimney would result in the loss of an important architectural feature that forms an important part of the design and character of the terrace. The removal of the chimney would have a detrimental impact on the character and appearance of the dwelling and the wider terrace. It would also make it more difficult to resist applications for the removal of further chimneys in the terrace, thus diluting the architectural character and appearance of the terrace yet further. The proposal would be harmful to the character and appearance of the Conservation Area and fails to accord with General Policy 2 and Environmental Policy 35 of the Isle of Man Strategic Plan 2007, as well as Policy CA/2 of Planning Policy Statement 1/01 "Conservation of the Historic Environment".

31 July 2014 14/00683/B

31 July 2014 14/00683/B

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