Officer Report

Application No.: 25/90248/B Applicant: Mrs Joanne Walsh Proposal: Reduction in height of chimney stack Site Address: 4 Queens Avenue Douglas Isle Of Man IM1 4DA Planning Officer: Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 18.06.2025 _________________________________________________________________

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. The proposal complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 7th April 2025;

• o Location Plan
• o Site Plan
• o Existing Front Elevation
• o Proposed Front Elevation
• o Photographs of front & rear elevation
• o Photographs of existing chimney stack _________________________________________________________________

Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Douglas Corporation - No objection

Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of No.4 Queens Avenue, Douglas which is a mid terrace three storey traditional property situated to the East of Queens Avenue. - 1.2 "When looking at the front elevation of the terrace as a whole, the main defining features of the terrace is the front bay windows, the single dormer window and the chimney stacks. THE PROPOSAL

2.1 The current planning application seeks approval for the reduction of the double chimney stack to the South to match the chimney stack to the North. PLANNING HISTORY - 3.1 The previous applications are not relevant to the assessment of this application. PLANNING POLICY - 4.1 The site lies within an area zoned as "Predominantly Residential" under the Peel Local Plan

1. The site isn't within a Flood Risk Zone but is within a Conservation Area.

4.2 Given the nature of the of the land designation and the property being within a Conservation Area, Section 18(4) of the Town and Country Planning Act (1999) is the most relevant in the assessment of this application. Followed by paragraph 7.29.2 and Environment Policy 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area. REPRESENTATIONS - 5.1 The following representations can be found in full online;

5.2 Highway Services have considered the proposal and state "No Highways Interest." (15.04.25)

5.3 Douglas Corporation have considered the application and state, "No objection." (15.05.25) ASSESSMENT - 6.1 The main issues to consider in the assessment of this planning application are:

• - Section 18(4) test
• - character and appearance (GP2, b,c)

- 6.2 SECTION 18(4) TEST

• 6.2.1 Due to the proposed works being in a Conservation Area it is necessary to test the application under section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works preserve or enhance the Conservation Area.

• 6.2.2 As discussed in part 1 of this report, the chimney stacks on Queens Avenue are one of the defining features on the front elevation, with the application site being the only property on Queens Avenue having a double chimney stack. The proposal is to reduce the double height chimney stack to the same height as the other chimney stacks within Queens Avenue.
• 6.2.3 Ultimately the proposal might be noticeable within the streetscene due to the chimney stack being double height and its being reduced, whilst this is the case the proposal as a whole will not impact the overall Conservation Area above and beyond what is currently in place.

- 6.3 CHARACTER AND APPEARANCE

• 6.3.1 When looking at the character and appearance of the proposed works on the surrounding area, the main impact would be making sure that the works preserve or enhance the Conservation Area.
• 6.3.2 The chimney stack at its existing height is not adding to the Conservation Area, as such the reduction of the chimney stack to match the rest upon the terrace is not considered to have a negative impact on the special character of the Conservation Area.
• 6.3.3 With the above in mind, the proposal would comply with Environment Policy 35 of the isle of Man Strategic Plan 2016.

CONCLUSION

7.1 The proposed works are deemed acceptable in terms of their form, mass and design which preserves the overall Conservation Area and as such complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016. 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. _____________________________________________________________________________________________________

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: 20.06.2025 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/ customers and archive record.