22 May 2009 · Deputy Minister for Local Government and the Environment (Hon. P. A. Gawne) following Independent Inspector's report
23, Albany Road, Douglas, Isle Of Man, IM2 3nf
The proposal at Woodbank, 23 Albany Road, Douglas (two-storey end-terrace house) sought removal of the gable-end chimney stack to roof level and installation of two 1180mm x 660mm Velux rooflights in each of the front and rear roof faces to improve attic bedroom lighting.
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Officer report refused both elements as chimney removal would unbalance the end-of-terrace, making it disproportionate and detrimental to Conservation Area character, while front rooflights were 'quit…
General Policy 2
Requires development to respect site/surroundings in scale/form/design, not adversely affect townscape character or locality amenity. Officer found both elements failed as chimney removal unbalanced terrace and rooflights harmed streetscene; Inspector found rooflights acceptable given adjacent precedent, but chimney failed townscape test.
Environment Policy 35
Permits only development preserving/enhancing CA character/appearance, protecting special features. Officer: both elements failed to protect chimney/terrace features and introduced incongruous rooflights. Inspector: rooflights ok due to equality with No.25; chimney removal 'contrary to ENV35' for unbalancing terrace.
Time limit
The development hereby permitted shall be commenced before the expiration of four years from the date of this decision.
Approved plans
This permission relates to the installation of rooflights as shown in drawing numbers 00387/1, 00387/2 and photographs date-stamped 6th March 2009, subject to condition (3) below.
Conservation style rooflights
The rooflights installed must be conservation style roof-lights; precise details thereof must be submitted to and approved by the Department prior to the commencement of any works.
Do not oppose
No objection to the proposed works
The original application PA09/387 for installing Velux windows on front and rear roofs and removing a chimney stack was refused by the Department. On appeal via public inquiry, the appellant argued the chimney was dangerous, needed modernisation, required more light in attic, and cited precedents. The Department defended refusal due to harm to conservation area character and street scene from chimney removal and front Velux windows. The inspector found Velux windows acceptable given approval for identical windows next door (25 Albany Road), requiring conservation-style, but chimney removal would unbalance the terrace visually, contrary to policy. The Deputy Minister accepted the inspector's split recommendation on 26 October 2009, approving Velux windows subject to conditions and refusing chimney removal.
Precedent Value
This appeal demonstrates that inspector/applicant must precisely match terrace/context in precedent arguments; identical neighbour approvals can compel allowance for consistency, but structural features like end chimneys demand holistic terrace assessment in conservation areas.
Inspector: John S Turner
