**Document:** DEC Decision Notice **Application:** 13/00476/B — Installation of a replacement flue to dwelling **Decision:** Permitted **Decision Date:** 2013-05-23 **Parish:** Maughold **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/4310-maughold-thie-y-chleree-replacement-dwelling/documents/910304 --- # DEC Decision Notice **Isle of Man** **Government** Kay Associates Southgate House 89 Circular Road Douglas IM1 1AX ## Town and Country Planning Act 1999 ### The Town and Country Planning (Development Procedure) Order 2005 In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to **APPROVE** a planning application by Ms Faye Moffet & Ms Lily Mo, Ref **13/00476/B**, for the Installation of a replacement flue to dwelling at Thie Y Chleree Maughold Isle Of Man IM7 1AS subject to compliance with the following **condition(s)**: 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. 2. This approval for the installation of a replacement flue relates to Drg No: P10-01, P10-02, P10-03, P10-04 and P10-05 all date stamped 18th April 2013. Date of Issue: 23rd May 2013 **Director of Planning and Building Control** ### Guidance Note This decision was made by a Senior Planning Officer in accordance with the authority delegated to them. This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005. Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice. An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml. Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department. The proposed development must not be commenced until either; - The time for requesting an appeal has expired; or - Any appeal has been determined; Whichever is the later. If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice. Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; planning@gov.im 13/00476/B ## Planning Officer Report And Recommendations [Table omitted in markdown export] ## Officer's Report ### 1.0 The Application Site 1.1 The application site is the residential curtilage of Thie y Chleree, a two storey detached property sited on the north eastern side of Church Road in Maughold. The existing dwelling is finished in a painted stone/brick work and has a castellation feature on the central front elevation and is well set back from the highway by 30+ metres. 1.2 The surrounding area is characterised by a mixture of detached properties of different form, layout, design and appearance. Maughold Parish Church is located 50+ metres south east of the application site. ### 2.0 The Proposal 2.1 The application seeks approval for the installation of a replacement flue. The existing flue is erected on the north elevation onto the gable wall and measures 4.6 metres in height with a diameter of 0.2 metres. 2.2 The new proposed flue would be erected within the dwelling and would protrude from the south elevation roof pitch by 2 metres and above the existing roof ridge by just less than 0.6 metres and would have a diameter of 0.2 metres. 2.3 The new proposed flue would be finished in matt black. ### 3.0 Planning History 3.1 Planning permission was granted in 2012 for the demolition of existing rear extension and erection of a replacement two storey extension including erection of detached double garage under PA 12/00476/B. Prior to this, permission was granted under PA 08/00180/B for the installation of replacement windows and doors in 2008. In 1991 planning permission was granted under PA 91/00157/B for the alterations and extensions to the existing dwelling. ### 4.0 Planning Policy 4.1 The application site lies within an area designated as an Area of High Landscape or Coastal Value and Scenic Significance, within a wider area of ecological interest and on the perimeter of the site of a scheduled Ancient Monument (St. Maughold's Church). under the 1982 Isle of Man Development Plan. The application site also lies within the Maughold Conservation Area. 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered specifically material to the assessment of this current planning application: Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an overriding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative." Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape of Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce difference categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: a) the development would not harm the character and quality of the landscape; or b) the location for the development is essential." 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." This echoes the provision of Planning Policy Statement 1/01, policy CA/2. 4.3 Planning Policy Statement 1/01: Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man contains one policy that is considered specifically relevant to the assessment of this current planning application: POLICY CA/2: SPECIAL PLANNING CONSIDERATIONS states: "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation may be affected." ## 5.0 Representations 5.1 Maughold Parish Commissioners have no objection to the current planning application. #### 6.0 Assessment 6.1 Flues are a common domestic feature given the increase in those using log burners. It is considered that the installation of the flue would be a relatively minor addition to the dwelling and it is not evident that the flue would detrimentally affect neighbouring properties or the surrounding area in general. The proposed flue would be finished in materials that would respect the site significantly more than the existing stainless steel flue. 6.2 Whilst views of the flue may be obtainable from the public thoroughfare it is considered its position, size and design would not result in a significant adverse visual impacts upon the area to warrant a refusal. ## 7.0 Recommendation 7.1 Overall it is concluded that the proposed development is in accordance with Environment Policy 1, Environment Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2007 and POLICY CA/2 of Planning Policy Statement 1/01. #### 8.0 Party Status 8.1 The local authority, Maughold Parish Commissioners, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status. ### Recommendation Recommended Decision: Permitted Date of 20.05.2013 Recommendation: ### Conditions and Notes for Approval / Reasons and Notes for Refusal ### C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
0 : 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. This approval for the installation of a replacement flue relates to Drg No: P10-01, P10-02, P1003, P10-04 and P10-05 all date stamped 18th April 2013. 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 : .....22.5.13........ 22 May 2013 13/00476/B Page 3 of 4 ## Determining officer (delete as appropriate) Signed : $\qquad$ Anthony Holmes Senior Planning Officer Signed : $\qquad$ Michael Gallagher Director of Planning and Building Control Signed : $\qquad$ Sarah Corlett Senior Planning Officer Signed : $\qquad$ Jennifer Chance Development Control Manager PA13/00476/B Ms Faye Moffet \& Ms Lily Mo Installation of a replacement flue to dwelling, Thie Y Chleree Maughold Isle Of Man IM7 1AS Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 24.04.2013, includes; Listed Buildings: Address: Thie Y Chleree,Maughold,Isle Of Man,IM7 1AS, Grade: Conservation Grant application Description: Grant application for Replacement windows/doors re render the chimney/ ext painting. Reference Number: 06/00121/HB Address: Thie Y Chleree,Maughold,Isle Of Man,IM7 1AS, Grade: Conservation Grant application Description: Replacement sliding sash windows Reference Number: 09/00030/HB Conservation Areas: Cons Areas: Maughold Cons Area Dev Control Polygons: Reference Number: 13/00476/B Status: Pending Consideration Proposal: Installation of a replacement flue to dwelling Reference Number: 08/00180/B Status: Permitted Proposal: Installation of replacement windows and doors Reference Number: 12/00476/B Status: Permitted Proposal: Demolition of existing rear extension and erection of a replacement two storey extension including erection of detached double garage Reference Number: 91/00157/B Status: Permitted Proposal: Alterations and extensions, Thie-ny-Chleree, Maughold village, Maughold. --- *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/4310-maughold-thie-y-chleree-replacement-dwelling/documents/910304*