**Document:** Officer Planning Report 12/01682/B **Application:** 12/01682/B — Removal of a chimney stack **Decision:** Refused **Decision Date:** 2013-08-28 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/3818-braddan-1-waverley/documents/1172249 --- # Officer Planning Report 12/01682/B Case Officer : Miss S E Corlett Photo Taken : Site Visit : Expected Decision Level : Officer Delegation ## Officer's Report ### The Site 1.1 The site is the curtilage of 1, Waverley Terrace, an end of terrace property situated at the southern end of a terrace of four properties situated between York Road and Waverley Road on the western side of Ballaquayle Road. The property is a residential dwelling which has a side garden and back onto Waverley Court elderly persons complex. There are two trees in the side garden which partly screen the view of the side elevation of the building as one proceeds uphill on Ballaquayle Road from Broadway towards York Road. 1.2 The properties in the terrace are stepped to take account of the natural fall in the ground, the application property being the lowest in the terrace. The properties are similar to those elsewhere alongside Ballaquayle Road, with four storeys of accommodation including attic floorspace and a basement level. The ground floor has steps up to it. 1.3 At the rear of the site is a hot food take away (the Magic Wok, formerly the Waverley Chippy). 1.4 The property is internally subdivided into four apartments. ### The Proposal 2.1 Proposed is the removal of the chimney stack on the south eastern gable. The chimney is 1.75m wide and 700mm deep and projects 1m above the ridge level of the main building. Number 2 steps up by around 800mm above the ridge level of the application property. The applicant explains that the property suffers from damp which they attribute to the chimney and leakage therefrom. They have had the roof replaced, the leadwork replaced twice and the stack has been painted with fibreglass, twice: the chimney pots have all been replaced, ventilation introduced into the roof and the inside of the building re-plastered and none of this has resolved the damp problem. 2.2 After several attempts to try to resolve the issue other than by removing the stack, the applicant has had no response which would indicate that there is an alternative option but to remove the stack and make good the roof. ### Planning Status And Policy 3.1 The site lies within an area designated on the Douglas Local Plan of 1998 as Predominantly Residential. [Table omitted in markdown export] 3.2 The site also lies within the Ballaquayle Conservation Area which stretches from the higher end of Broadway to St. Mary's primary school in the north. 3.3 As such, the following policies are considered to be relevant in the consideration of this application: 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 space around them; c) does not affect adversely the character of the surrounding landscape or townscape" and Environment Policy 35 states "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." ### Planning History 4.1 Planning permission was granted for the erection of a wall at the rear under PA 84/00917. ### Representations 5.1 Douglas Corporation indicates that they do not oppose the application. ### Assessment 6.1 The plans as originally submitted were not accurate in respect of the proposed and existing rear elevations but have now been adjusted and are correct. 6.2 After having consulted the Conservation Officer, it is considered that the loss of the stack would have a detrimental impact on the character of the area and the interest of the property. Whilst the tree reduces the prominence of the stack in the streetsce, in winter months when there are no leaves on the tree, the stack as an "end stop" can still be seen and in any case the tree may not remain in place in perpetuity. The stacks are significant in size and provide rhythm to the terrace and as such it is considered that the loss of the stack would have an adverse impact on the property and the Conservation Area in which it is situated. 6.3 As such the application is recommended for refusal. ### Party Status 7.1 The local authority, Douglas Borough Council, is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status. ### Recommendation Recommended Decision: Refused Date of Recommendation: 14.08.2013 C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals R 1. The stacks are significant in size and provide rhythm to the terrace and as such it is considered that the loss of the stack would have an adverse impact on the property and the Conservation Area in which it is situated, contrary to the requirements of Environment Policy 35 of the Strategic Plan. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer. Decision Made : Refused Date : 23/08/13 Determining officer (delete as appropriate) Signed : ... Anthony Holmes Senior Planning Officer Signed : ... Michael Gallagher Director of Planning and Building Control Signed : ... Jennifer Chance Development Control Manager --- *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/3818-braddan-1-waverley/documents/1172249*