**Document:** Officer Report **Application:** 24/91242/B — Installation of a flue **Decision:** Permitted **Decision Date:** 2024-12-04 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/33591-braddan-dorian-33-albany-road-chimney/documents/1079316 --- # Officer Report **Application No.:** 24/91242/B **Applicant:** Mr Sam Prince **Proposal:** Installation of a flue **Site Address:** Dorian 33 Albany Road Douglas Isle Of Man IM2 3NE **Planning Officer:** Peiran Shen **Recommended Decision:** Permitted **Date of Recommendation:** 02.12.2024 _________________________________________________________________ ## 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 proposed flue does not harm the character and appearance of the conservation area or neighbouring amenities. The proposal is considered to comply with General Policy 2, Environment Policy 22 and Environment Policy 35 of the Strategic Plan and the Residential Design Guide Plans/Drawings/Information; This approval relates to the documents and drawing no. 109, 110, 111, which have been received on 01.11.2024. _________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Douglas Borough Council - No objection Department of Infrastructure - No objection _________________________________________________________________ Officer’s Report ## - 1.0 THE SITE 1.1 The site is 33 Albany Road, Douglas, a detached house located at the south of the junction of Albany Road and Selbourne Drive. The property is set back from each highway with a front garden; a low-level wall runs along the Selborne Drive and Albany Road boundaries. - 1.2 The dwelling has an L-shaped layout around the corner with a mixed-hipped and pitched roof arrangement. The dwelling is mostly finished in a smooth painted render with some stone cladding detail around windows and doors and across the base. There is an uPVC conservatory at the rear elevation. 2.0 THE PROPOSAL - 2.1 The proposed is the installation of a flue on the southeast 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 within an area designated as Predominantly Residential in the Area Plan for the East. - 4.2 The site is within the Selbourne Drive Conservation Area. Strategic Policy - 4.3 The Isle of Man Strategic Plan 2016 has the following policies that are considered materially relevant to the assessment of this current planning application: - o Strategic Policy 4 (a) - o General Policy 2 (b) (c) (g) - o Environment Policy 22 - o Environment Policy 35 PPS and NPD 4.4 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is the only adopted PPS at the moment. It provides supplementary policy on developments within any conservation area. 5.0 OTHER MATERIAL CONSIDERATIONS Legislation - 5.1 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". This sets out the approach to be taken in determining planning applications, which includes giving great weight to the asset's conservation when considering the impact of a proposed development on the asset. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given in section 7. Strategy and Guidance - 5.2 The Residential Design Guide (July 2021) has the following policies that are considered materially relevant to the assessment of this current planning application: - o Chapter 5 Architectural Details - o Chapter 7 Impact on Neighbouring Properties 6.0 REPRESENTATIONS - 6.1 Douglas Borough Council has no objection to this application (15.11.2024). 6.2 DoI Highway Services states there is no highway interest in this application (07.11.2024). - 6.3 EHU were consulted but no response had been recieved at the time of writing. 7.0 ASSESSMENT Conservation Areas Statutory Test - 7.1 Before assessing elements of the proposal, as it is within a Conservation Area, a test should be applied to this proposal as mentioned in 5.1. This is whether the proposal would preserve or enhance the character of the Conservation Area. - 7.2 The flue is higher than the ridge of the roof. However, it is silm and is considered to not stand out from the house and its surroundings. Therefore, it is considered to not detract from the existing character of the area, meaning the proposal preserves the charterer of the Area and passes the test. Elements of Assessment - 7.3 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. Design of the House Itself - 7.4 As mentioned in 7.2, the proposal is considered to not harm the character of the house. Character and Streetscene - 7.5 The proposal is readily visible to the public. However, as mentioned in 7.2, it is not considered to harm the character of the house. - 7.6 As mentioned in 7.2, the proposal is considered to have no negative impact on the character of the Area. Neighbouring Amenities - 7.7 Environment Policy 22 states that it is important to protect the environment and quality of life by controlling development which leads to unacceptable pollution and other nuisances. It also states that it is not the role of land use planning to duplicate controls which are the statutory responsibility of other agencies including other directorates within the Department. Based on this policy and after careful consideration, it is considered that there is no reason to recommend refusal as there is no evidence to indicate the presence of unacceptable harm to the amenity of nearby properties. 8.0 CONCLUSION - 8.1 The proposed flue does not harm the character and appearance of the conservation area or neighbouring amenities. Therefore, the proposal is considered to comply with General Policy 2, Environment Policy 22 and Environment Policy 35 of the Strategic Plan and the Residential Design Guide and is recommended for an approval. 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted). - 9.2 Article A10 sets out that the right to appeal is available to: - o applicant (in all cases); - o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and - o any other person who has made an objection that meets specified criteria. 9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): - o any appellant or potential appellant (which includes the applicant); - o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; - o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and - o in the case of a petition, a single representative. _____________________________________________________________________________________________________ I can confirm that this decision has been made by the Acting 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 and/or rights to appeal. Decision Made: Permitted Date: 03.12.2024 Determining officer Signed : A MORGAN Abigail Morgan Acting Head of Development Management Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record. P --- *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/33591-braddan-dorian-33-albany-road-chimney/documents/1079316*