**Document:** Planning Officer Report **Application:** 13/00366/B — Removal of a chimney stack **Decision:** Permitted **Decision Date:** 2013-05-31 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/4205-braddan-14-malvern/documents/1290432 --- # Planning Officer Report Case Officer: Mr Edmond Riley Photo Taken: Site Visit: 15.05.2013 Expected Decision Level: Officer Delegation ### Officer's Report #### 1.0 The Application Site 1.1 The application site is the curtilage of 14 Malvern Road, Douglas; number 14 is a two storey, mid-terraced property situated to the south west of the highway. The application site is within the Selborne Drive Conservation Area. 1.2 The terrace along the south west of Malvern Road is characterised by the strong, crenellated facades with their double-storey bay windows of the dwellings, complemented by the unusual brickwork of the properties, which consist of primarily yellow brick with red brick decoration. 1.3 Chimneys that match the brickwork of the dwellings are also a strong and visible feature to the terrace and streetsce ne as a whole. #### 2.0 The Proposal 2.1 Approval is sought for the removal of a chimney that sits abreast the party wall of numbers 13 and 14 Malvern Road. The chimney is not one of the feature chimneys referred to in 1.3 above, but instead has been installed since the dwelling’s construction. While the chimney pots are identical to those sat atop the feature chimneys, the stack itself is grey-rendered or concrete. 2.2 As the chimney is on the roof at the rear, it is not visible from the highway. There is a rear lane that runs parallel to Malvern Road, and also between Malvern Road and Hildesley Road, and the chimney is visible from there. #### 3.0 Relevant Planning History 3.1 The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application. #### 4.0 Planning Policy 4.1 In terms of local plan policy, the application site is designated as Predominantly Residential under the Douglas Local Plan Order 1998 Map No. 2 (South). [Table omitted in markdown export] 4.2 Malvern Road is within the Selborne Drive Conservation Area. 4.3 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this current planning application. The parts of General Policy 2 relevant to this application state: "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". ## 5.0 Representations 5.1 Douglas Borough Council have no objection to the application. 5.2 One letter of objection has been received from the owner of number 13 Malvern Road. The owner objects on the basis that: - the chimney is above a party wall; - the chimney's removal would be contrary to the Public Health Act 1990; - the chimney's removal would not be in accordance with the principles of the conservation area; - the chimney's removal would affect the character of 13 Malvern Road, and - the damp caused by the chimney's presence could be solved by repairing the flashing and roofing. #### 6.0 Assessment 6.1 Given the nature of the planning application, it is important to consider the impact of the removal of the chimney on the appearance of the dwelling itself and on the Malvern Road streetscene and Selborne Drive Conservation Area in general. 6.2 The existing chimney in number 14 is not connected to a fire. The applicants advise that the chimney was, historically, connected to a boiler but that these had been disconnected from one another before the current owners moved in during the 1960s. The use of the chimney in respect of number 14 is not known. A photo has been submitted in substantiation of the application that shows the spread of damp within number 14, and this is identified as being caused by the chimney. On this basis, it is not considered that the removal of the chimney would detrimentally affect the enjoyment of the dwellinghouse. 6.3 The chimney is located to the rear of the dwelling, is not visible from the highway, and is of a design, material and colour that in no way matches the prominent chimney stacks on Malvern Road. Other chimneys that similarly do not match the feature chimneys can be observed on the rear elevations on Malvern Road and Hildesley Road. However, none of these are considered to make a positive contribution to the unusual "playfulness" (in the words of the Conservation Area Character Appraisal) of the Malvern Road architecture. In the context of the streetscene and Selborne Drive Conservation Area, therefore, the removal of the chimneystack - although only visible from the rear - would represent an improvement to the character of the area and would support the principles underpinning the Conservation Area. 6.4 The concerns raised by the owner-occupier of number 13 that have not been covered in this section (the Public Health Act; the location of the chimney above a party wall, and suggestions as to solving the damp through other means) are considered to be civil matters and not material to the determination of the planning application. 6.5 On the basis of the above, the application is considered to be in accordance with both local policy and Strategic Plan policy. ## 7.0 Recommendation 7.1 It is recommended that the planning application be permitted. #### 8.0 Party Status 8.1 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. 8.2 The owner-occupier of number 14 Malvern Road, having made a representation, is, by virtue of Government Circular 1/06 The Town and Country Planning (Development Procedure) Order 2006, paragraph 2 (1) (a), considered an "interested person" and as such should be afforded party status. ### Recommendation Recommended Decision: Permitted ### Date of Recommendation: ### Conditions and Notes for Approval / Reasons and Notes for Refusal ### C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
O : Notes attached to refusals C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C 2. The development hereby permitted shall not be carried out except in full accordance with the following plans: the two block plans, and the elevational drawing. 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:** Permitted **Date:** .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. --- *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/4205-braddan-14-malvern/documents/1290432*