Officer Report

Application No.: 25/90136/B Applicant: Mr Harvey Wood Proposal: Installation of flue for log burner Site Address: 7 Glebe Aalin Close Ballaugh Isle Of Man IM7 5BY Principal Planner: Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 11.03.2025 _________________________________________________________________

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.

For these reasons the proposal is considered to comply with the relevant polices of the General Policy 2 and Residential Design Guide 2021 having no significant adverse impacts upon public or private amenities.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 07.02.2025.

_________________________________________________________________ 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

1.0 SITE - 1.1 The application site forms the residential curtilage of 7 Glebe Aalin Close, Ballaugh, which is a two storey end terraced property, located on the southern side of Glebe Aalin Close, north of Ballaugh Bowing Club.

2.0 PROPOSAL - 2.1 The application seeks approval for the installation of multi-fuel stove requiring a twin wall flue to be installed and terminating above the roofline of the property. The proposed flue would run up the gable end (west) of the property projecting approximately 1.7m above the roof ridge of the property, running parallel with the chimney stack and having a similar height.

3.0 PLANNING POLICIES - 3.1 The application site is within an area recognised as being an area of 'proposed residential', under the Isle of Man Development Plan Order 1982, the site has now been development. The site is not within a Conservation Area, nor within an Area of High Landscape or Coastal Value and Scenic Significance. - 3.2 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application:- - 3.3 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."

3.4 Environment Policy 22 states: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:

• i) pollution of sea, surface water or groundwater;
• ii) emissions of airborne pollutants; and
• iii) vibration, odour, noise or light pollution."

3.5 Residential Design Guide 2021

4.0 PLANNING HISTORY - 4.1 There are no previous planning applications which are considered relevant in the assessment and determination of this application.

5.0 REPRESENTATIONS - 5.1 Highway Services comments there are no highway implications (17.02.2025).

5.2 Environment Health (DEFA) comment (12.02.2025) that the plans do not appear to indicate an obvious risk of a smoke nuisance, however raise a number of issues to consider; namely Building Regulations, use of fuel and other matters which can cause a nuisance to neighbours.

6.0 ASSESSMENT - 6.1 The principal issue relates to the visual impact upon the street scene and upon the individual property and potential impact upon neighbouring amenities. VISUAL IMPACT UPON THE STREET SCENE AND UPON THE INDIVIDUAL PROPERTY - 6.2 The flue in terms of design and size is becoming more common, which a number of properties throughout the IOM having them installed. Accordingly, while it would be a new feature to this dwelling it is not considered it would have a significant visual impact given its size and given flue are not unusual features to residential properties. Accordingly, it is considered the proposal would be an appropriate form of development within the street scene and to the individual property. POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES - 6.3 There was an application which was approved initially but refused on appeal following an adverse recommendation from the inspection. The application, PA18/01125/B was refused for reasons relating to the appearance of the flue and the effect of its use in terms of smell and smoke nuisance, to the immediate neighbour. The inspector accepted that that flue would only be seen by those living around the site but still considered that an adverse visual impact experienced by them would breach GP2 and the RDG. He was also concerned about the emissions from the flue, regardless of the fact that it appeared to have been installed by a registered installer and that Environmental Health had visited the site and had not experienced any smoke or smell. The flue was installed almost on the boundary of both properties and approximately 1m from the rear elevation, extending around 1m higher than the eaves of the main part of the two storey house. - 6.4 Discussions were held with the Head of Building Control and Standards within the Department indicate that in his view, the issue at Close Cowley was not with the location and installation of the flue which would appear to accord with the guidelines in the Building Regulations, but with the operation and it is possible that incorrect fuel was being used. There are procedures for this which would normally involve the installer returning to check the installation. Whilst in the Close Cowley case, the EHI visited the site it is clear that on their visit there was no smoke or smell nuisance. It would appear from the discussions with Building Control that there are both standards for flues and measures which can be taken through Building Control can address issues should they arise. As such, in the absence of any evidence that this current proposed flue will result in harm to the living conditions of those in adjacent dwellings, it is considered that the application is acceptable.

7.0 CONCLUSION - 7.1 For these reasons the proposal is considered to comply with the relevant polices of the General Policy 2 and Residential Design Guide 2021 having no significant adverse impacts upon public or private amenities. Therefore the application is recommend for an approval.

8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 8.1 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). - 8.2 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.

8.3 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. - 8.4 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.

8.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.

I can confirm that this decision has been made by a Principal Planner 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: 11.03.2025 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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