Officer Report

Application No.: 24/91137/B Applicant: Mr & Mrs Theo & Rose Fleurbaay Proposal: Remove an Existing Chimney. Site Address: Felsted Alexander Drive Douglas Isle Of Man IM2 3QX Planning Officer: Peiran Shen Recommended Decision: Permitted Date of Recommendation: 25.11.2024 _________________________________________________________________

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

This application has been recommended for approval for the following reason.

The demolition of the chimney maintains the appearance of the existing house and does not harm the character and streetscene of the area. It is considered to comply with the General Policy 2 of the Strategic Plan and the Residential Design Guide July 2021.

Plans/Drawings/Information; This approval relates to the documents and drawing no. JTM2059B-P-01, JTM2059B-P-02, which have been received on 25th October 2024.

_________________________________________________________________ Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal: Douglas Borough Counil - No objection DoI Highway Services - No objection

_________________________________________________________________ Officer’s Report

1.0 THE SITE - 1.1 The site is Felsted, Alexander Drive, Douglas, a detached house located on the south of Alexander Drive. There are two chimneys: one on the front and one on the rear elevation.

2.0 THE PROPOSAL - 2.1 The proposed is the demolition of the rear chimney.

3.0 PLANNING HISTORY - 3.1 There is no previous application considered materially relevant to this application.

4.0 PLANNING POLICY Site Specific - 4.1 The site is within an area designated as Predominantly Residential in the Area Plan for the East. Strategic Policy - 4.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: o General Policy 2 (b) (c) (g) PPS and NPD - 4.3 There is no planning policy statement or national policy directive considered materially relevant to this application.

5.0 OTHER MATERIAL CONSIDERATIONS Strategy and Guidance - 5.1 The Residential Design Guide (July 2021) contains the following guidance that are considered materially relevant to the assessment of this current planning application: o Chapter 5 Architectural Details

6.0 REPRESENTATIONS - 6.1 Douglas Borough Council has no objection to this application (04.11.2024). - 6.2 DoI Highway Services states there is no highway interest in this application (01.11.2024).

7.0 ASSESSMENT Elements of Assessment - 7.1 The key considerations of this application are its impact on the house itself and the character and streetscene of the area. Design of the House Itself - 7.2 The demolition of the chimney is not considered to harm the design of the house as a whole. Character and Streetscene - 7.3 The chimney being demolished is not considered to harm the character of the area.

8.0 CONCLUSION - 8.1 The demolition of the chimney maintains the appearance of the existing house and does not harm the character and streetscene of the area. Therefore, it is considered to comply with the General Policy 2 of the Strategic Plan and the Residential Design Guide July 2021 and is recommended for an approval.

9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

9.2 Article A10 sets out that the right to appeal is available to:

• o applicant (in all cases);
• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative.

I can confirm that this decision has been made by the Acting Head of Development Management in accordance with the authority afforded to that officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made: Permitted Date: 28.11.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

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