DEC Officer Report

Application No.: 22/01037/B Applicant: Ms Kim Fleming Proposal: Removal of rear chimney stack Site Address: 10 Brunswick Road Douglas Isle Of Man IM2 3LQ Planning Officer: Mr Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 12.10.2022

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.

It is considered the proposed works would preserve/enhance the character and appearance of the existing property and therefore also the Conservation Area. The scheme is, therefore, considered to comply with the requirements of General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan, Planning Policy Statement 1/01, and Residential Design Guide 2021.

Plans/Drawings/Information; This approval relates to the submitted documents and photographs received on 11.08.2022. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is the residential curtilage of 8 Brunswick Road, Douglas, a two-storey semidetached dwelling located on the northeast junction of Brunswick Road and Albany Lane. The dwelling which has a pitched roof has a chimney on its northwest gable. - 1.2 There is a two-storey quasi-pitched-roof extension on the rear of the main dwelling which has a chimney on its rear gable fronting the rear lane.

2.0 THE PROPOSAL - 2.1 The proposal seeks planning approval for the removal of rear chimney stack. The chimney which extends above the roof ridge of the rear outrigger will be removed from the rear facing gable with the area restored and rendered over.

3.0 PLANNING POLICY - 3.1 The site lies within an area designated as Predominantly Residential on the Area Plan for the East, and also lies within the Selborne Road Conservation Area. The site is not susceptible to flood risks. Given the nature of the proposal and the location of the property, the following Strategic Plan policies are relevant: - 3.2 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:

• (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; (n) is designed having due regard to best practice in reducing energy consumption."

3.3 Environment Policy 35 states: "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." - 3.4 Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (b) having regard in the design of new development to the use of local materials and character. - 3.5 Environment Policy 42 (In part): New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality.

4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 TOWN AND COUNTRY PLANNING ACT 1999 S18 Designation of conservation areas Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". It is not considered that this proposal would conflict with that objective and as such the application will be considered in the context of the policies as set out below and within section 3 of this report. - 4.2 Planning Policy Statement 1/01 "POLICY CA/2: SPECIAL PLANNING CONSIDERATIONS

• When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected".
• 4.3 Whilst not adopted planning policy, DEFA's Residential Design Guidance is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions". Sections 2.0 on sustainable construction, 5.1 on Chimneystacks and Flues, and 7.0 which deal with impact on neighbouring properties are considered relevant to the current scheme.

5.0 PLANNING HISTORY - 5.1 The site has not been the subject of any previous planning application. However, the following planning applications which have been submitted for the neighbouring properties are considered relevant:

• o PA 16/00929/B for Removal of chimney stack (Approved).
• o PA 21/00554/B for Alterations, removal of rear chimney stack, rendering works, installation of replacement windows and doors and reinstatement of roof light to annex pitched roof. (Approved)

6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. - 6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that there is 'No Highway Interest' in a letter dated 26 August 2022. - 6.2 Douglas Borough Council has no objection to this application (26 August 2022). - 6.3 No comments have been received from neighbouring properties.

7.0 ASSESSMENT - 7.1 The key issues in this case are whether the works would have any adverse impact on the character or appearance of the main dwelling, and whether the removal of the chimney preserves or enhances the character and appearance of the Selborne Drive Conservation Area. - 7.2 In assessing the impact on the existing dwelling, it is considered that the primary chimney which is noticeable within the street scene is a key contributor to the character and appearance of the dwelling, given its design and age. Thus, it is not considered that its appearance would be significantly altered by the removal of a secondary chimney within the rear trigger and which is only viewable from a rear lane. Based on the foregoing, the loss of this rear chimney is not considered detrimental to the character and appearance of the property. - 7.3 In terms of impacts on the character and appearance of the Selborne Drive Conservation Area, it is noted that chimney stacks are an important facet of the roof lines, and as such contribute to the character of the street scene. However, with the proposal being on the rear elevation of the property with views only achievable when using the rear lane which is not given prominence in the character Appraisal for the Conservation Area, it could be considered that the removal of the chimney stack would not appear out of place or have an undue impact on the building. In fact, it could be argued that the removal of the chimney

would have a neutral impact on the existing character and appearance of the Conservation Area.

8.0 CONCLUSION - 8.1 It is considered that there would not be any adverse impacts from the proposed development on the character and appearance of the existing dwelling, locality and Conservation Area. Therefore, it is considered that the proposal would comply with EP35 and PPS1/01 as the character and appearance of the CA would be preserved.

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.

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: 12.10.2022 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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