**Document:** Officer Report
**Application:** 16/01099/B — Removal of chimney stack down to roof level.
**Decision:** Refused
**Decision Date:** 2016-11-01
**Parish:** Lezayre
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/21366-lezayre-waterside-roof/documents/1145131

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# Officer Report

**Application No.:** 16/01099/B
**Applicant:** Waterside Management Committee
**Proposal:** Removal of chimney stack down to roof level.
**Site Address:** Waterside 4 Windsor Mount Ramsey Isle Of Man IM8 3EA Case Officer : Mr Chris Balmer
**Photo Taken:** 19.10.2016
**Site Visit:** 19.10.2016
**Expected Decision Level:** Officer Delegation

## Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of No. 4 Windsor Mount, a three storey terraced dwelling sited on the south western side of Windsor Mount in Ramsey. Windsor Mount is located west of Mooragh Park and sited significantly higher. - 1.2 The application site building forms part of a terrace that is characterised by properties of a similar design and appearance. This property is essentially the end terrace of Windsor Mount, albeit the property 'The Haven' runs at an angle away from the main terrace in a south-westerly direction continuation the terrace, albeit in a more subordinate way.

2.0 THE PROPOSAL - 2.1 The planning application seeks the approval for the complete removal of the chimney stack down to roof level and roof extended over and concrete verge capping extended. The existing chimney stack is located at the front of the roof pitch on the gable end of Nr 4 Windsor Mount.

3.0 PLANNING HISTORY - 3.1 The application site has been the subject of the following previous planning applications which are considered relevant in the determination of this application: - 3.2 Application to make lawful the use as a self-contained apartment -16/01135/LAW - PENDING CONSIDERATION - 3.3 Application to make lawful the use as an self contained apartment - 15/01394/LAW APPROVED - 3.4 A application to the neighbouring property Beach View, Windsor Mount, Ramsey is immediate attached to the application property to the north and is considered relevant in the determination of this application: - 3.5 Removal of a chimney stack - 13/00697/B - REFUSED for the following reason: "R 1. The removal of the chimney stack would represent the loss of a special feature which

contributes to the character of the locality and the application site building and would therefore undermine the integrity and appearance of the row of properties of Windsor Mount contrary to General Policy 2 (b, c and g) of the Isle of Man Strategic Plan 2007."

## - 4.0 PLANNING POLICY

4.1 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains one policy that is considered specifically relevant to the assessment of this current planning application: - 4.2 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:

- (a) is in accordance with the design brief in the Area Plan where there is such a brief;
- (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;
- (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
- (e) does not affect adversely public views of the sea;
- (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
- (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;
- (j) can be provided with all necessary services;
- (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
- (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
- (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
- (n) is designed having due regard to best practice in reducing energy consumption."

5.0 REPRESENTATIONS - 5.1 At the time of writing there have been no written representations made regarding the current planning application.

6.0 ASSESSMENT - 6.1 Given the nature of the planning application and development proposed, there are two main issues to consider in the assessment of this planning application; 1) The impacts of the removal of the existing chimney stack on the existing appearance of the building; and 2) The visual impacts of the proposal on the wider surrounding area. - 6.2 Windsor Mount is a traditional terrace dating back to the Victorian era. Each of the properties of this terrace has a pair of individual chimney stacks, one to the front roof plane and a second of the same or similar size and design to the rear roof plane. The chimney stacks of the properties are uniform throughout Windsor Mount and add to the character to this terrace. Whilst the application site is not a Registered Building or within a Conservation Area, the removal of the chimney stack would be a loss to the existing building which is considered to be detrimental to the existing appearance of the building. - 6.3 Views of Mount Pleasant from Mooragh Park, North Shore Road and Ballacloan Road clearly show the presence of the chimney stacks of the dwellings on Windsor Mount and the proposed stack being at the front and end of the terrace is one of the most noticeable stacks both from distance and close views. From visiting the site and surrounding area it was clear that the chimneys play an important role in the overall design and character of the terrace and to lose any of these would be detrimental to the street scene and upset the appearance of the locality. It was noted that the majority if not all the stacks are still in place and whilst each application should be judged on its own merits, there needs to be a careful consideration that allowing one chimney stack to be removed, would more likely encourage further applications to be made reducing the interest of the

terrace. It should be noted that the immediate neighbouring property Beach View sought the remove of their front stack (same as current proposal) but this was refused.

5.4 The department contacted the applicants agent to ask if they would consider either repair or rebuilding of the stack (potentially planning permission would not be required as it could be considered to be repair) but was advised they would like the current application to be determined. - 5.5 Overall, it is concluded that the planning application does not accord to the provisions set out in General Policy 2 of the Isle of Man Strategic Plan 2016.

7.0 RECOMMENDATION - 7.1 Given the above, it is recommended that the application be approved.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

- o The applicant, or if there is one, the applicant's agent;
- o 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;
- o Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material , in this case, Department of Infrastructure Highway Services and
- o The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Refused

Date of Recommendation: 26.10.2016

R 1. The removal of the gable end chimney stack would represent the loss of a special feature which contributes to the character of the locality and the application site building and would therefore undermine the integrity and appearance of the row of properties of Windsor Mount contrary to General Policy 2 (b, c and g) of the Isle of Man Strategic Plan 2016.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Refused Date: 27.10.2016

Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

Customer note

This copy of the officer report 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.

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*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/21366-lezayre-waterside-roof/documents/1145131*
