Officer Report

Application No.: 14/00788/B Applicant: Callin Developments Ltd Proposal: Removal of chimney stacks Site Address: Clifton 9 Drury Terrace Douglas Isle Of Man IM2 3HY ## Case Officer : Mr Trevor Wilson Photo Taken: 23.07.2014 Site Visit: 23.07.2014 Expected Decision Level: Officer Delegation

Officer’s Report APPLICATION SITE

• 1. The application site is No. 9, Drury Terrace, Douglas. The site is located on the upper corner of a terrace of traditional period two storey Victorian dwellings on Ballaquayle Road adjacent to Waverley Road/Terrace. Occupying the corner plot, number 9 is a dominant element to the terrace as it extends into Waverley Road.
• 2. The site lies within the Ballaquayle Road Conservation Area. THE PROPOSAL
• 3. The application seeks planning approval for the removal of two chimney stacks on the basis that they are 'defective'. PLANNING HISTORY
• 4. PA 14/00785/B seeks approval for the replacement of the existing sliding sash windows with top opening plastic framed casements. PLANNING POLICY
• 5. The Douglas Local Plan 1998 identifies the area as being predominantly residential.
• 6. The following policies in the Isle of Man Strategic Plan 2007 are considered relevant: General Policy 2:

'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.' Environmental Policy 35 of the Isle of Man Strategic Plan 2007 states:

'Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development.'

• 7. Policy CA/2 of Planning Policy Statement 1/01 "Conservation of the Historic Environment" is relevant. It places emphasis on the need to consider the impact of development proposals upon the special character of the Conservation Area. REPRESENTATIONS
• 8. Douglas Borough Council - no objection. ASSESSMENT
• 9. The chimney stacks in question are both substantial and of a design characteristic to this row of terrace dwellings. Whilst the applicant's agent has stated that the two chimney stacks were 'defective' and as such required demolishing, provides no additional supporting evidence in the form of an engineer's report or qualified person able to comment on such matters.
• 10. A subsequent photographic survey conducted by Building Conservation did not reveal any obvious issues that would warrant the demolition of these chimney stacks whilst it did serve to highlight the general good state of repair of both stacks as far as could be ascertained.
• 11. This application has been assessed in accordance with current planning policies as outlined above and has taken into consideration the perceived need to demolish the chimney stacks based on evidence supplied by the applicant/agent, in addition to evidence highlighted in Building Conservation's own assessment of the works. Given these factors, in conjunction with Conservation Area criteria, the existing chimney stacks to this property and the terrace as a whole form an important element to the character of this well maintained and prominent terrace which has thus far retained the majority of its original period details. Features such as chimney stacks play an important role in contributing to a building's architectural appeal and the loss of such prominent features along the building's roof-scape would only serve to

detract from that appeal. The potential loss of these chimneys could be particularly detrimental as once permission has been approved to remove the stacks in any one building, a harmful precedent could be set leading to a greater collective loss and detrimental impact upon a wider scale throughout the designated Conservation Area.

RECOMMENDATION

• 12. Accordingly, it is recommended that the application be refused. PARTY STATUS
• 13. In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.

Recommendation

Recommended Decision: Refused

Date of Recommendation:

28.08.2014

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

• N : Notes attached to conditions R : Reasons for refusal
• O : Notes attached to refusals

R 1. The existing chimney stacks to this property and the terrace as a whole form an important element to the character of this well maintained and prominent terrace which has thus far retained the majority of its original period details. Features such as chimney stacks play an important role in contributing to a building's architectural appeal and the loss of such prominent features along the building's roof-scape would only serve to detract from that appeal contrary to Environment Policy 35 and parts (b), (c) and (g) of General Policy 2 of the Isle of Man Strategic Plan 2007.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.

Decision Made : Refused Date : 01/09/14 Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed : Sarah Corlett Sarah Corlett Senior Planning Officer Signed :…………………………………….. Michael Gallagher Director of Planning and Building Control Signed :…………………………………….. Jennifer Chance Head of Development Management