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Application No.: 21/01197/B Applicant: Mr T & Mrs R Groves Proposal: Installation of a flue Site Address: Dreem Rhennee Glen Auldyn Ramsey Isle Of Man IM7 2AF Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 18.11.2021 _________________________________________________________________
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 is considered to comply with the relevant polices of the General Policy 2 and Residential Design Guide 2021.
Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 11.10.2021. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________
1.0 SITE - 1.1 The application site is the residential curtilage of a detached dwelling in Glen Audlyn, Lezayre. The property has an attached garage and two adjoining single storey extensions to the rear of the main two storey dwelling. A detached garage also exists to the rear of the attached garage, which is accessible between the attached garage and stone wall forming the north-east facing site boundary.
2.0 PROPOSAL - 2.1 The application seeks approval for the installation of a flue which would project above the and through the flat roof of the single storey side extension.
3.0 PLANNING POLICIES - 3.1 In terms of land use designation under the Isle of Man Planning Scheme (Development Plan) Provisional Order 1982 the application site falls within a parcel of land designated for Proposed Low Density Housing in Parkland. - 3.2 The Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application. General Policy 2 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:
4.1 There are no previous planning applications which are considered relevant in the assessment and determination of this application. - 5.0 REPRESENTATIONS
5.1 Highway Services comments there are no highway implications (20.10.2021).
6.1 The principal issue relates to the visual impact upon the street scene and upon the individual property. The flue from the Glen Audlyn road would be partially apparent, but would not be a feature which would have a significant visual impact given its size and given flue are not unusual features to residential properties. Accordingly, it is considered the proposal would be an appropriate form of development within the street scene and to the individual property.
6.2 There was an application which was approved initially but refused on appeal following an adverse recommendation from the inspection. The application, PA18/01125/B 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. The 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.
6.3 Discussions were held 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 with the operation and it is possible that incorrect fuel was being used. 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. As such, in the absence of any evidence that this current proposed flue will result in harm to the living conditions of those in adjacent dwellings, it is considered that the application is acceptable. - 7.0 CONCLUSION
7.1 For these reasons the proposal is considered to comply with the relevant polices of the General Policy 2 and Residential Design Guide 2021. Therefore the application is recommend for an approval. - 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:
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 : 24.11.2021 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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