251313 — 23/01369/B | Planning Portal IoM | Isle of Man Planning Portal

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                                      23/01369/B                                     Page  1  of  3

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 23/01369/B Applicant : Mr Toni Treutler Proposal : Removal of Chimney Stack to North Elevation (retrospective) Site Address : Beach Shack (Formerly Tag Cashtal) Shore Road Port Erin IM9 6HL

Planning Officer: Ms Jill Nixon Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 30.01.2024 __

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 proposal complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This decision relates to the following plans and drawings:

Location Plan - Drawing No. 01 (received 29/11/23)
Proposed Elevations Drawing - No. 05 Rev A (received 26/1/24) __

Interested Person Status - Additional Persons

None

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Officer’s Report

1.0 THE APPLICATION SITE

1.1 The application relates to the Beach Shack (Formerly Tag Cashtal), Shore Road, Port Erin. The property is a detached bungalow.

2.0 PROPOSAL

2.1 The current planning application is retrospective and seeks approval for the removal of a chimney stack that was located in the front aspect of the roof.

3.0 PLANNING HISTORY

3.1 None

4.0 PLANNING POLICY

4.1 The site lies within an area zoned as "Mixed Use" under the Area Plan for the South, Map 7 - Port Erin/Port St Mary. The site isn't within a Flood Risk Zone but is in the proposed Port Erin Conservation Area.

4.2 Although the site is not within an adopted Conservation Area, it is located within the proposed Port Erin Conservation Area, which is a material consideration. It is therefore considered appropriate to assess the proposal against Section 18(4) of the Town and Country Planning Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan. The criteria for acceptable development in Conservation Areas is that it will only be permitted where it preserves or enhances the character and appearance of the area.

5.0 REPRESENTATIONS

5.1 The following representations can be found in full online;

5.2 Highway Services - No highways interest. (1.12.23)

5.3 Port Erin Commissioners - The Board considered the application and resolved to support the proposal. (10.1.24)

6.0 ASSESSMENT

6.1 The key considerations of this application are the Section 18(4) test and the character and appearance (GP2, b,c)

6.2 As the site is in the proposed Port Erin 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, to assess the works preserve or enhance the proposed Conservation Area.

6.3 As previously stated this application is retrospective and the chimney stack has already been removed. The stack has been down to roof level and the roof has been tiled to match the existing roof in terms of profile and materials.

6.4 The Chimney stack was located on the front aspect of the roof and could be clearly seen from the street scene. However this is not a character property and the chimney was not a notable feature within the roof scape. It is therefore considered that this proposal preserves the character of the proposed Port Erin Conservation Area

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6.5 It is not considered that the Chimney stack was an important feature of the design of the bungalow and therefore its removal, is not considered to diminish the character or appearance of the application dwelling or street scene

6.6 The area where the chimney stack was located has been made good as part of the refurbishment of the roof, it is not therefore apparent where it was located without looking at previous images.

6.7. As the removal of the chimney stack such the proposed removal of the chimney stack will preserve the Conservation Area as a whole and is deemed acceptable as per Environment Policy 35.

7.0 CONCLUSION

7.1 The proposed removal of the chimney stack does not compromise the integrity of the design of the bungalow and is deemed to preserve the overall character of the proposed Conservation Area, it therefore complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016.

8.0 INTERESTED PERSON STATUS

8.1 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 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.

8.2 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 __

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

Decision Made : Permitted Date : 31.01.2024

Determining officer Signed : S BUTLER Stephen Butler

Head of Development Management Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.