DEC Officer Report

Application No.: 21/00449/B Applicant: Mrs Christa McKay Proposal: Removal of a chimney stack (retrospective) Site Address: Sunny Gables Somerset Road Douglas Isle Of Man IM2 5BA Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 17.08.2021 _________________________________________________________________

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 removal of the chimney stack will have a minimal impact upon the Conservation Area and as such is recommended for approval.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 7th July 2021:

• o Site/Location Plan
• o Photos showing existing and works done _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report THE APPLICATION SITE

1.1 The application site is the residential curtilage of Sunny Gables, Somerset Road, Douglas which is a two storey corner terraced property with two storey outrigger.

• THE PROPOSAL
• 2.1 The current planning application seeks retrospective approval to remove the chimney stack to the rear outrigger down to roof level. PLANNING HISTORY
• 3.1 There are no previous planning applications identified on this site. PLANNING POLICY
• 4.1 The site lies within an area zoned as Predominantly Residential on the Area Plan for the East, Map 4 - Douglas. The property is within a Conservation Area but not a Flood Risk Zone.

4.2 In terms of the Isle of Man Strategic Plan 2016, paragraph 7.29.2 states in part, "Development proposals within Conservation Areas will be expected either to preserve or enhance their character and appearance." With that in mind the key policy for this application is Environment Policy 35 which states in full, "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." - 4.3 Also relevant is General Policy 2 which states "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:

• 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; g) does not affect adversely the amenity of local residents or the character of the locality;

4.4 The Department has published the Residential Design Guide (2021) which lends advice on how chimney stacks make a contribution to the character and appearance of an area.

REPRESENTATIONS

• 5.1Highway Services have No Highways Interest in this application (03.08.21).

5.2 Douglas Borough Council have considered the proposal and have no objection (29.07.21). ASSESSMENT - 6.1 The key issue to consider in the assessment of this planning application is whether the removal of the chimney stack enhances or preserves the character or appearance of the property in the context of its surroundings.

6.2 When looking at the property, firstly with regards to the proposed removal of the chimney stack. The chimney stack can be seen mostly from Hildesley Road when travelling with fleeting views being seen from Somerset Road when travelling West to East. Secondly when looking at the property as a while the shared chimney stacks to the front and back elevation are the most relevant in preserving the Conservation Area.

6.3 With the above in my the removal of the stack whilst seen from a public vantage point would not overly change the character or appearance in the Conservation Area or the property in question enough to warrant a refusal. CONCLUSION - 7.1 For the above reasons the proposal is considered to comply with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016 and therefore acceptable. INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated. 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 in Article 6(4) who should 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: 19.08.2021 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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