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22/01165/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/01165/B Applicant : Miss Sarah Houghton Proposal : Installation of a flue Site Address : 12 All Saints Park Lonan Laxey Isle Of Man IM4 7LA
Planning Officer: Mr Peiran Shen Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 27.10.2022 __
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. This application is considered to comply with General Policy 2 of the Strategic Plan and the Residential Design Guide July 2021.
Plans/Drawings/Information;
This approval relates to the documents and drawing no. 1.7288-000, 1.7288-001, 1.7288-002, 1.7288-003 which have been received on 16th September 2022. __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE
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1.1 The site is the residential curtilage of 12 All Saints Park, Lonan, Laxey a two-storey semi-detached dwelling located on the southeast side of All Stains Park.
2.0 THE PROPOSAL 2.1 Proposed is the installation of a flue on the northeast elevation.
3.0 PLANNING HISTORY 3.1 There is no previous application considered materially relevant to this application.
4.0 PLANNING POLICY Site Specific 4.1 The site is not within an area designated as predominantly residential.
Strategic Policy 4.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: o Strategic Policy 3, 5 o General Policy (b), (c), (g), (m), (n) o Community Policy 7, 10 and 11
PPS and NPD 4.3 There is no planning policy statement or national policy directive considered materially relevant to this application.
5.0 OTHER MATERIAL CONSIDERATIONS Strategy and Guidance 5.2 The Residential Design Guide (July 2021) contains the following guidance that are considered particularly of material relevance to the assessment of this current planning application: o Chapter 5 Architectural Details
6.0 REPRESENTATIONS 6.1 Garff Commissioners has not commented at the time of the report (27.10.2022).
6.2 DoI Highway Services states there is no highway interest in this application (12.10.2022).
7.0 ASSESSMENT Elements of Assessment 7.1 The key considerations of this application are its impact on the house itself, on the character and streetscene of the area and on the amenities of the neighbours.
7.2 It is considered that the flue does not have a negative impact on the design of the house itself or the character and streetscene of the area.
7.3 There has been a previous application that was approved initially but refused on appeal following an adverse recommendation from the inspector. This application, 18/01125/B at Close Cowley 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. This 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.
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7.4 Although what is proposed here is similar in height, it is further away from the nearest neighbour. The flue is over 4.3m away from the closest neighbouring property.
7.5 Discussions 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 was with the operation and possibly the use of unsuitable fuel. 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.
7.6 As such, in the absence of any evidence that this currently proposed flue will result in harm to the living conditions of those in adjacent dwellings, the application is considered acceptable.
8.0 CONCLUSION 8.1 The proposal is considered to comply with General Policy 2 of the Strategic Plan and the Residential Design Guide July 2021. Therefore, it is recommended for an approval.
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: 01.11.2022
Determining officer Signed : C BALMER
Chris Balmer
Principal Planner
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