**Document:** DEC Officer Report **Application:** 19/00776/B — Removal of a chimney stack (retrospective) **Decision:** Permitted **Decision Date:** 2019-08-29 **Parish:** German **Document Type:** report / officer_report **Source:** https://planningportal.im/a/29192-german-24-stanley/documents/1043400 --- # DEC Officer Report **Application No.:** 19/00776/B **Applicant:** Miss Debra Moore & Miss Anita Roberts **Proposal:** Removal of a chimney stack (retrospective) **Site Address:** 24 Stanley Road Peel Isle Of Man IM5 1NY Principal Planner: Miss S E Corlett **Expected Decision Level:** Officer Delegation **Recommended Decision:** Permitted **Date of Recommendation:** 19.08.2019 _________________________________________________________________ Conditions and Notes for Approval Plans/Drawings/Information; This decision relates to the drawings and photographs received on 11th July, 2019. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ Officer’s Report THE SITE 1.1 the site is the curtilage of an existing dwelling which fronts onto Stanley Road and backs onto Gib Lane. The property is a traditional two storey terraced cottage which has a second pitched roof element on the Gib Lane side which had until recently a traditional stack on the eastern end of the ridge. THE PROPOSAL - 2.1 The stack has recently been removed and the roof and ridge made good using the same materials as found elsewhere on the rear annex roof. 2.2 The applicants refer to the structural instability of the stack which led to its removal. PLANNING POLICY - 3.1 The site lies within an area designated on the Peel Local Plan of 1989 as Mixed Use. As such, the following parts of the Strategic Plan are relevant: General Policy 2: "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; - (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; - (i) does not have an unacceptable effect on road safety or traffic flows on the local highways". 3.2 The site also lies within the town's Conservation Area and as such Environment Policy 35 is relevant along with the provisions of Planning Policy Statement 1/01 Policy CA/2 which reiterates the requirement for development within the CA to have regard to the special character of the area and its context, setting or views into or out of the area. 3.3 The Department has recently published the Residential Design Guidance (March 2019) which provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential property. This includes mention of chimneys as follows: "5.1 CHIMNEY STACKS AND FLUES - 5.1.1 Chimneystacks make an important contribution to the character and appearance of dwellings, the street scene and the skyline. They are also often particularly important features of many dwelling designs which as well as being functional provide interesting and distinctive patterns in the roofline often making a positive contribution to the particular quality and general appearance of an area. Extensions and roof alterations should avoid the loss of a chimneystack that positively contributes to the dwelling's character and appearance. The Department encourages, wherever practical, the retention of prominent chimneystacks to traditional/period properties, which add to the character and quality of the street scene, especially where the individual property is within a Conservation Area." ## PLANNING HISTORY - 4.1The property has been the subject of applications for alterations and extensions, none of which is relevant to the consideration of the current application. The extension which supports the chimney which is the subject of the application, is not an original part of the building but no application has been found post 1984 for these works. REPRESENTATIONS - 5.1 Highway Services have no highway interest in the application (26.07.19). ASSESSMENT - 6.1 The issue in this case is whether the removal of the chimney would have an adverse impact on the character or appearance of the property or the surrounding CA. It is relevant that the property lies within the CA as do the public vantage points of it: the rear is visible from Gib Lane and from further afield from Marine Parade across the Commissioners' car park. 6.2 The former chimney was visible from these vantage points but in the context of a row of rear elevations with the associated soil vent pipes, down pipes, asymmetrical window arrangements and a variety of outbuildings. The fact that the annex had but one chimney, not the traditional balanced pair also diminishes its importance in the streetscene. The fact that it is not an original part of the building also reduces its status. CONCLUSION - 7.1 The loss of the chimney in this case is not considered significant or detrimental to the streetscene and the application is not opposed. 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. 8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot 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. Decision Made : Permitted Date: 23.08.2019 Determining officer Signed : C BALMER Chris Balmer Principal Planner ## Customer note ## This copy of the officerreport reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records. --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/29192-german-24-stanley/documents/1043400*