Officer Report

Application No.: 17/00460/B Applicant: Keith James Richardson Proposal: Installation of a flue from new wood burning stove Site Address: Ballarich 1 Salisbury Street Douglas Isle of Man IM2 3HS Case Officer : Mr Chris Balmer Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE SITE - 1.1 The application site is the curtilage of Ballarich, 1 Salisbury Street, Douglas. The two and half storey dwelling appears to once have been part of the rear outrigger of Nr 45 Murrays Road, albeit historically it has been separated to form a new separate dwelling.

2.0 THE PROPOSAL - 2.1 Proposed is the replacement of the installation of a flue from new wood burning stove to east elevation (rear) of the property. The flue will not protrude above the roof ridge.

3.0 PLANNING STATUS AND POLICY - 3.1 The site lies within an area designated on the Douglas Local Plan of 1998 as Predominantly Residential. The application site also lies within a Conservation Area. - 3.2 The Strategic Plan contains a policy which seeks the preservation or enhancement of property within a Conservation Area (EP 35). This 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."

4.0 PLANNING HISTORY - 4.1 This property has been the subject of the following previous application; - 4.2 Installation of replacement uPVC windows and front door - 02/02107/B - APPROVED

5.0 REPRESENTATIONS - 5.1 Douglas Borough Council do not oppose (05.05.2017). - 5.2 Highway Services comment that there are no highway implications (received on 12.05.2017).

6.0 ASSESSMENT - 6.1 The main issue to be considered in the assessment of this application is the impact of the proposed development upon the character and appearance of the Conservation Area and the individual property. - 6.2 The Planning Authority 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

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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 The work would not be especially apparent form the main public highways (Salisbury Street or Murrays Road) given it is to the rear of the property and its position within the roof plane. It is considered the proposal preserve the Conservation Area and the individual property and therefore the proposal would comply with Environment Policy 35 of the Isle of Man Strategic Plan.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, 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) The Highways Division of the Department; and
• (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation: 31.05.2017 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. The flue is required to be finished in a dark colour a sample of which must be approved by the Department prior to its use and this colour must be applied within 28 days of the installation of the flue. Reason: In the interest of the visual amenities of the property and the area. This approval relates to the submitted documents and drawing all received on 24th April 2017.

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I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 02.06.2017 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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