Officer Report

Application No.: 25/90351/B Applicant: Mr And Mrs Andrew And Hilary Iris Cairns Proposal: Removal of chimney stack to rear elevation Site Address: 80 Summerhill Road Onchan Isle Of Man IM3 1NH Principal Planner: Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 02.05.2025 _________________________________________________________________

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. Overall it is concluded that the planning application accords with the provisions set out in General Policy 2 of the Isle of Man Strategic Plan 2016 and Residential Design Guide 2021.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 01.04.2025.

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

_________________________________________________________________ Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of 80 Summerhill Road, Onchan which is a two storey semi-detached property located on a south eastern side of Summerhill Road. The

dwelling is characterised with a dash finish, gable facing to the front elevation with slate finish to the roof.

2.0 THE PROPOSAL - 2.1 The planning application seeks approval for the removal of chimney stack and make good. The stack is located to the side elevation of the main dwelling. The existing central stacks (between the two semi-detached properties) is to remain. The proposal is a smaller stack compared to the main central stacks.

3.0 PLANNING HISTORY - 3.1 There are no previous planning applications on this site which are considered relevant in the determination of the current proposal.

4.0 PLANNING POLICY - 4.1 The application site is within an area zoned as Predominantly Residential under the Area Plan for the East. The site is not within a Conservation Area.

4.3 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically relevant to the assessment of this current planning application: - 4.4 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."

4.5 Residential Design Guide 2021

5.0 REPRESENTATIONS - 5.1 Highway Services comment there are no highway implications (07.04.2025). - 5.2 Onchan Commissioners recommend an approval (02.05.2025).

6.0 ASSESSMENT - 6.1 The key issue to considerer in the assessment of this planning application is the potential impacts upon the visual amenities of the street scene.

POTENTIAL IMPACTS UPON THE VISUAL AMENITIES OF THE STREET SCENE

6.1 In relation to the removal of the chimney stack; chimneys can play an important role in the overall design and character of the street scene and to lose chimneys in some areas can result in a detrimental impact upon the visual amenities to the street scene and upset the appearance of the locality. However, in this case the design and appearance of the stack proposed to be removed does not have significant architectural interest to warrant its retention. The site is also not within a Conservation Area. Accordingly, this aspect of the proposal is considered acceptable. - 7.0 RECOMMENDATION

7.1 Overall it is concluded that the planning application accords with the provisions set out in General Policy 2 of the Isle of Man Strategic Plan 2016 and Residential Design Guide 2021 as such the planning application is recommended for 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:

• 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 the 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 : 02.05.2025 Determining Officer

Signed : S BUTLER Stephen Butler Head of Development Management

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