DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/01193/B Applicant: Mr Ivan Holmes Proposal: Installation of flue for multi fuel burner Site Address: 34 Ballaquark Douglas Isle Of Man IM2 2EY Planning Officer: Mr Peiran Shen Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 12.03.2024

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 considered to have no impact on the character of the area or the amenities of neighbouring properties.

Plans/Drawings/Information; This approval relates to the documents and drawing no. 503-01 which have been received on 20th October 2023. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is 34 Ballaquark, Douglas, a single-storey semi-detached dwelling located near the centre of Ballaquark, north of a cul-de-sac.

- 2.0 THE PROPOSAL

2.1 The application seek approval for the installation of a flue.

3.0 PLANNING HISTORY - 3.1 There is no previous application considered materially relevant to this application.

4.0 PLANNING POLICY Site Specific - 4.1 The site is within an Area Designated as Predominantly Residential in the Area Plan for the East. Strategic Policy - 4.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:

• o Strategic Policy 3, 5
• o General Policy 2 (b), (c), (g)

PPS and NPD

4.3 There is no planning policy statement or national policy directive considered materially relevant to this application.

5.0 OTHER MATERIAL CONSIDERATIONS Strategy and Guidance - 5.1 The Residential Design Guide (July 2021) contains the following guidance that are considered particularly of material relevance to the assessment of this current planning application: o Chapter 5 Architectural Details

6.0 REPRESENTATIONS - 6.1 Douglas Borough Council has no objection to this application (10.11.2023). - 6.2 DoI Highway Services states there is no highway interest in this application (27.10.2023). - 6.3 DEFA Environmental Health Unit has no objection to this application (06.03.2024.)

7.0 ASSESSMENT Elements of Assessment - 7.1 The key considerations of this application are its impact on the house itself, on the character and streetscene of the area and on the amenities of the neighbours. - 7.2 It is considered that the flue does not have a negative impact on the design of the house itself or the character and streetscene of the area. - 7.3 There has been a previous application that was approved initially but refused on appeal following an adverse recommendation from the inspector. This application, 18/01125/B at Close Cowley was refused for reasons relating to the appearance of the flue and the effect of its use in terms of smell and smoke nuisance, to the immediate neighbour. The inspector accepted that that flue would only be seen by those living around the site but still considered that an adverse visual impact experienced by them would breach GP2 and the RDG. He was also 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. - 7.4 Discussions with the Head of Building Control and Standards within the Department indicate that in his view, the issue at Close Cowley was not with the location and installation of the flue, which would appear to accord with the guidelines in the Building Regulations, but was with the operation and possibly the use of unsuitable fuel. There are procedures for this, which would normally involve the installer returning to check the installation. Whilst in the Close Cowley case, the

• EHI visited the site. It is clear that on their visit there was no smoke or smell nuisance. It would appear from the discussions with Building Control that there are both standards for flues and measures which can be taken through Building Control and Environmental Protection which can address issues should they arise.
• 7.5 As such, in the absence of any evidence that this currently proposed flue will result in harm to the living conditions of those in adjacent dwellings, the application is considered acceptable.

8.0 CONCLUSION - 8.1 The proposed flue is considered to have no impact on the character of the area or the amenities of neighbouring properties. The proposal is considered to comply with General Policy 2 of the Strategic Plan and the Residential Design Guide July 2021. Therefore, it is recommended for an approval.

9.0 INTEREST PERSON STATUS - 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land which the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

9.2 The decision-maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status.

9.3 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 Interested Person Status.

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.

Decision Made : Permitted Date: 15.03.2024 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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