DEC Officer Report

Application No.: 19/00168/B Applicant: Miss Katie Lawrence Proposal: Removal of a rear chimney (in association with 19/00169/CON) Site Address: 9A Stanley Road Peel Isle of Man IM5 1NX Senior Planning Officer: Mr Thomas O'Connor Photo Taken: 06.03.2019 Site Visit: 06.03.2019 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 02.04.2019 _________________________________________________________________

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. Details of the external repairs to the undertaken to the building after the removal of the chimney stack hereby approved including any materials to be used shall be submitted to the Department and agreed in writing prior to the commencement of the development. The repairs shall be carried out in accordance with the approved details. Reason: In order to safeguard the character and appearance of the Peel Conservation Area. Plans/Drawings/Information:

This approval relates to the following: Plan Drawing scale 1:250; annotated hand drawing indicating the internal position of the stack within the building; 5 x external photographs submitted to the Department and dated stamped 11th February 2019.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The site consists of a three storey town house located within a terrace of similar mainly 19th century dwellings located within the Peel Conservation Area. A feature of the roofline of this terrace and, indeed the whole street are chimney stacks on the edge of the ridgelines of each property though these have been individually altered over the years and are now are of different dimensions and designs.

2.0 THE PROPOSAL - 2.1 This planning application seek planning permissions to demolish a subsidiary chimney stack located to the rear and below the main stack at just above eaves height and block off the void and render

- 3.0 PLANNING HISTORY

3.1 06/01829 - Installation of uPVC sliding sash windows to front and casement windows to rear to replace existing - permitted. - 3.2 00/00057/HB - Replacement windows - permitted.

- 4.0 PLANNING POLICY

4.1 Peel Local Plan Written Statement adopted April 1989 - In respect of development within conservation areas, Chapter nine of this document maintains that the character of the area should not only be preserved but enhanced by positive schemes of action - with particular attention paid to the design of replacement - roofing materials. Particular attention is to be paid to demolition of buildings and structures even though it may not, in itself, are of architectural or historic significance and any replacement that could prejudice the character and appearance of the conservation area. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains two policies that are considered specifically material to the assessment of this current planning application: - 4.3 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."

4.4 Environmental 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." - 4.5 Policy CA/2 (Special Planning Considerations) of The Isle of Man Policy Statement 1/01 requires, 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 area may be affected. - 4.6 In respect of demolition within Conservation Areas Policy CA/6 of The Isle of Man Policy Statement 1/01 further advises that; Any building which is located within a conservation area and which is not an exception as provided above, may not be demolished without the consent of the Department. In practice, a planning application for consent to demolish must be lodged with the Department. When considering an application for demolition of a building in a conservation area, the general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the conservation area. Similar criteria will be applied as those outlined in RB/6 when assessing the application to demolish the building, but in less clear cut cases, for example, where a building could be said to detract from the special character of the area, it will be essential for the Department to be able to consider the merits of any proposed new development when determining whether consent should be given for the demolition of an unregistered building in a conservation area. Account will be taken of the part played in the architectural or historic interest of the area by the building for which demolition is proposed, and in particular of the wider effects of demolition on the building's surroundings and on the conservation area as a whole.

- 5.0 REPRESENTATIONS

5.1 Highway Services, 05/03/2019; No highway interest - 5.2 The Peel Town Commissioners, No observations received - 5.3 Neighbours: No observations received

- 6.0 ASSESSMENT

6.1 This is a simple application that seeks to remove a subsidiary chimney stack to the rear of and adjacent to the main multiple stack that serves the house. Though visible from the street to the rear, this small stack does not project beyond the ridgeline of the roof and sits unobtrusively behind the main stack. As such its removal would not detract from the character of the building or have any discernible adverse impact upon the character and appearance of the surrounding conservation area in compliance with Guidance contained within The Isle of Man Policy Statement 1/01 document. Structural repairs necessary to repair the void created by the demolition of this chimney would be minor and can be subject to a condition. As such the proposal would comply with the requirements of Chapter 9 of the Peel Local Plan, Policy 35 of the Isler of Man Strategic Local; Plan and guidance contained within The Isle of Man Policy Statement 1/01 in this respect - 7.0 CONCLUSION

7.1 Grant Planning Approval

- 8.0 INTERESTED PERSON 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 decision maker 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 : 04.04.2019 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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