Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 24/91248/B Applicant: Mr Geoff Haywood Proposal: Installation of flue for wood-burning stove Site Address: 2 Broogh Wyllin Shore Road Kirk Michael Isle Of Man IM6 1HU Planning Officer: Vanessa Porter Recommended Decision: Permitted Date of Recommendation: 10.12.2024 _________________________________________________________________

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 proposal complies with General Policy 2 and Environment Policy 22 of the Isle of Man Strategic Plan 2016

Plans/Drawings/Information; This decision relates to the following plans and drawings, dated received on 12th November 2024;

• o Site Plan
• o Location Plan
• o Drawing No. 1
• o Drawing No. 2
• o Drawing No. 3
• o Drawing No. 4
• o Drawing No. 5
• o Drawing No. 6
• o Drawing No. 7
• o Drawing No. 8
• o Drawing No. 9 _________________________________________________________________

Right to Appeal

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

_________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is within the residential curtilage of 2 Broogh Wyllin, Shore Road, Kirk Michael which is a two storey detached dwelling situated to the North of Shore Road. The property is part of a block of 4 detached properties. THE PROPOSAL - 2.1 The current planning application seeks approval for the installation of a flue to the side (Western) elevation. The proposed flue is to measure approximately 4.19m high and is to be situated 0.9m above the roof but 0.4m below the ridgeline.

2.2 No details have been provided regarding the colour or material of the proposed flue. PLANNING HISTORY - 3.1 The previous applications on the site are not relevant in the assessment of this application. PLANNING POLICY - 4.1 SITE SPECIFIC

• 4.1.1 The site lies within an area zoned as "Residential General, Area 5" on the Kirk Michael Local Plan 1994 Map. The site is not within a Conservation Area nor a Flood Risk Zone.

- 4.2 KIRK MICHAEL LOCAL PLAN

4.2.1 There are no relevant policies within the Kirk Michael Local Plan 1994.

- 4.3 ISLE OF MAN STRATEGIC PLAN 2016

4.3.1 The Isle of Man Strategic Plan 2016 contains the following policies considered materially relevant to the assessment;

• o Strategic Policies 3 & 5 - promote good design and use of local materials and character
• o General Policy 2 (b)(c)(g) - general standards towards acceptable development, character and appearance and neighbouring amenity.
• o Paragraph 8.12.1 - supports principle of extensions and alterations in built up areas not controlled by Conservation Area nor Registered Building policies
• o Environment Policy 22 - sets out prevention of unacceptable harm to the environment and/or the amenity of neighbouring properties.
• o Environment Policy 42 - promotes development take into account the particular character and identity of the environment.

- 4.4 RESIDENTIAL DESIGN GUIDANCE

• 4.4.1 The Residential Design Guide (July 2021) contains the following guidance also considered materially relevant:

• o Section 5 Architectural Details
• o Section 7 Impact on Neighbouring Properties

REPRESENTATIONS

5.1 The following representations can be found in full online, below is a short summary;

5.1 DOI Highway Services have considered the application and state, "Highway Services, HDC has no interest." (15.11.24)

5.2 No comments have been received from Michael Commissioners or Environmental Health at the time of writing this report.

• ASSESSMENT
• 6.1 The main issues to consider in the assessment of this planning application are:

• - character and appearance (GP2, b,c)
• - impact on neighing amenity (GP2, g)
• - other matters (RDG, CP7, 11 & IP5)

- 6.2 CHARACTER AND APPEARANCE

• 6.2.1 There is a general presumption in favour of extensions or alterations to existing properties as per Paragraph 8.12.1 of the Isle of Man Strategic Plan, where such works would not have an adverse impact on either adjacent properties or the surrounding area in general.
• 6.2.2 Whilst the proposed flue is to be situated upon the side elevation of the property, whilst the proposed flue will be seen within the overall streetscene due to its location, the proposed flue is not a feature which would have a significant visual impact upon the overall streetscene given its size and given that flue's are not an unusual feature seen within residential properties. Accordingly, it is considered the proposal would be an appropriate form of development within the street scene and to the individual property.

- 6.3 IMPACT ON NEIGHBOURS

6.3.1 Turning to whether the proposal would have an impact upon the amenity of the neighbouring properties. Given the location of the flue to the side elevation, its considered to be of sufficient distance away for adequate discharge of the smoke following combustion. While the area here is quite flat it is a coastal area which would be considered to add to the dispersal of any emissions. This is considered not to be detrimental to either of the neighbouring properties.

CONCLUSION

7.1 Overall it is concluded that the planning application accords with the provisions set out in General Policy 2 and Environment Policy 22 of the Isle of Man Strategic Plan 2016 and the principles of the RDG and as such the planning application is recommended for approval. 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: 12.12.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

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