DEC Officer Report

Application No.: 19/01361/B Applicant: Mrs Patricia Bell Proposal: Removal of a rear chimney stack Site Address: 11 Dumbells Terrace Laxe Isle Of Man IM4 7NY Principal Planner: Miss S E Corlett Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 13.01.2020 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Once the chimney has been removed, the roof must be made good using materials to match those on the remaining roof.

Reason: to ensure that the works do not have an adverse impact on the character or appearance of the Conservation Area.

Plans/Drawings/Information; This decision relates to the drawings and information received on 29th November, 2019. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of 11, Dumbell's Terrace, a mid terraced, two storey property. At the rear of the site is a single storey annex which has a brick chimney within the rear pitch.

2.0 THE PROPOSAL - 2.1 The planning application seeks approval for the removal of the chimney stack to rear elevation.

- 3.0 PLANNING HISTORY

3.1 There are no previous planning applications on this site which are considered relevant in the determination of the current proposal. - 4.0 PLANNING POLICY

4.1 The application site is within an area zoned as Predominantly Residential under the Laxey and Lonan Area Plan. The site is within a Conservation Area.

4.3 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically relevant to the assessment of this current planning application: - 4.4 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:

• (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 and (g) does not affect adversely the amenity of local residents or the character of the locality."

4.5 Environment Policy 35 states: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." - 4.6 The newly adopted residential Design Guidance contains advice about chimneys as follows: "ARCHITECTURAL DETAILS

- 5.0 CHIMNEY STACKS AND FLUES

• 5.0.1 Chimneystacks make an important contribution to the character and appearance of dwellings, the street scene and the skyline. They are also often particularly important features of many dwelling designs which as well as being functional provide interesting and distinctive patterns in the roofline often making a positive contribution to the particular quality and general appearance of an area. Extensions and roof alterations should avoid the loss of a chimneystack that positively contributes to the dwelling's character and appearance. The Department encourages, wherever practical, the retention of prominent chimneystacks to traditional/period properties, which add to the character and quality of the street scene, especially where the individual property is within a Conservation Area."

5.0 REPRESENTATIONS - 5.1 Douglas Borough Council and Highway Services have no objection (22 and 23.12.19).

- 6.0 ASSESSMENT

6.1 The key issue to consider in the assessment of this planning application is the potential impacts upon the visual amenities of the street scene and having regard to the amenities of the Conservation Area. POTENTIAL IMPACTS UPON THE VISUAL AMENITIES OF THE STREET SCENE

6.2 The Department has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2016). This policy indicates that development within Conservation Areas will only be permitted if they would preserve or enhance the character or appearance of the Area, and will

• ensure that the special features contributing to the character and quality are protected against inappropriate development.
• 6.3 In relation to the removal of the chimney stack; chimneys can play an important role in the overall design and character of the street scene and to lose chimneys in some areas can result in a detrimental impact upon the visual amenities to the street scene and upset the appearance of the locality. However, in this case the property would still retain the two main stacks to the front elevation with only the smaller and later additional chimney to the rear being removed. Furthermore, this stack does not add to the character or quality of the Conservation Area, nor is it especially apparent from public views other than from the Snaefell Mountain Railway.

- 7.0 RECOMMENDATION

7.1 Overall it is concluded that the planning application accords with the provisions set out in General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016 and as such the planning application is recommended for approval. - 8.0 PARTY STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) 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;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated. 8.2 The Planning Committee must determine:

• o whether any other comments from Government Departments (other than the Department
• of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 16.01.2020 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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