**Document:** DEC Decision Notice **Application:** 13/00697/B — Removal of a chimney stack **Decision:** Refused **Decision Date:** 2013-07-19 **Parish:** Lezayre **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/4519-lezayre-beach-view/documents/911357 --- # DEC Decision Notice ## Isle of Man Government Reitige Elton Vannie Beach View Management Company Ltd Mr G Carter 5 Beach View Windsor Mount Ramsey Isle of Man IM8 3EA ### 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 REFUSE planning application by Beach View Management Company Ltd, ref 13/00697/B, for the removal of a chimney stack at Beach View Windsor Mount Ramsey Isle of Man IM8 3EA for the following reason(s): 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. Date of Issue: 19th July 2013 ### M ballayher 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. 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 (copy enclosed), together with correspondence relative to the application, are available for inspection at the Department. 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 $13 / 00697 / B$ ## Planning 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 No. 5 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. 1.3 It has been identified that the application site is located within the outer Ramsey major hazard zone. ### 2.0 The Proposal 2.1 The planning application seeks the approval for the complete removal of the chimney stack with the resulting aperture to be slated over to match the existing roof. The existing chimney stack is located at the front of the roof pitch on the junction with No. 4 Windsor Mount. ### 3.0 Planning History 3.1 The application site has been the subject of one previous planning application in 1998 for the conversion of two flats into single flat which was granted planning approval under PA 98/01297/B. 3.2 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: #### 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." ## 4.0 Representations 4.1 At the time of writing there have been no written representations made regarding the current planning application. #### 5.0 Assessment 5.1 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. 5.2 Windsor Mount is a traditional terrace dating back to the Victorian era. There are a number of properties however that have UPVC casement windows installed in place of what would have been timber framed sliding sash windows. Each of the properties of this terrace have a individual chimney. 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. 5.3 Views of Mount Pleasant from Mooragh Park and Ballacloan Road clearly show the presence of the chimney stacks of the dwellings on Windsor Mount. For one on Windsor Mount, views of the existing chimney stacks are not so available given the height of the buildings, however partial views can still be gained. From visiting the site 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. 5.4 Given the level and scale of development proposed it was not felt necessary to assess the impacts of the proposal on the hazard zone. 5.5 Overall, it is concluded that the planning application does not accord to the provisions set out in General Policy 2 and Environment Policy 36 of the Isle of Man Strategic Plan 2007. #### 6.0 Recommendation 6.1 It is recommended that the planning application be refused. ## 7.0 Party Status 7.1 The local authority, Ramsey Town 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: Refused Date of 15.07.2013 Recommendation: ### Conditions and Notes for Approval / Reasons and Notes for Refusal ### C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals 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. 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 : $\qquad$ 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 PA13/00697/B Beach View Management Company Ltd Removal of a chimney stack, Beach View Windsor Mount Ramsey Isle Of Man IM8 3EA Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 18.06.2013, includes; Dev Control Polygons: Reference Number: 98/01297/B Status: Permitted Proposal: Conversion of two flats into single flat, flats 4 and 5 Beach View, Windsor Mount, Ramsey Reference Number: 13/00697/B Status: Pending Consideration Proposal: Removal of a chimney stack BC Case Polygon: Reference Number: 01/07720/DEX BC Case Status: Building Work Complete Proposal: Alterations Major Hazard Zones: Site Location: Ramsey Zone Description: Outer --- *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/4519-lezayre-beach-view/documents/911357*