DEC Officer Report

Application No.: 22/00616/B Applicant: Mr Brian Diehl Proposal: Installation of flue (Retrospective) Site Address: 30 Cleiy Rhennee Kirk Michael Isle Of Man IM6 1HT Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 30.06.2022

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

This application has been recommended for approval for the following reason. 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

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 13th May 2022;

• o Drawing No. Site Plan
• o Drawing No. Location Plan
• o Drawing No. 1

_______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of 30 Cleiy Rhennee, Kirk Michael, which is a detached two storey dwelling situated to a corner plot where Shore Road meets the Cleiy Rhennee cul-de-sac. THE PROPOSAL - 2.1 The current planning application seeks retrospective approval for the installation of a black flue. PLANNING HISTORY - 3.1 The previous planning applications are not considered to be specifically material in the assessment of the current application. PLANNING POLICY - 4.1 The site lies within an area of "Predominantly Residential" on the Kirk Michael Local Plan, 1994 Map. The property is not with a Conservation Area nor a Flood Risk Zone.

4.2 Given the nature of the proposal and the land designation Environment Policy 22 is the most relevant and sets out prevention of unacceptable harm to the environment and/or the amenity of neighbouring properties, this policy is then followed by General Policy 2 which sets out the general standards towards acceptable development. - 4.3 Also relevant is the Residential Design Guidance 2021 which is material consideration, particularly with regards to the information on flues. REPRESENTATIONS

5.1 No representations have been received 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)
• - neighbouring amenity (GP2 & EP22)

- 6.2 CHARACTER AND APPEARANCE

• 6.2.1 The proposed flue is to be situated to the side elevation of the property whilst this means that the proposed flue will be seen from a public vantage point, it would not be a feature which would have a significant visual impact 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 NEIGHBOURING AMENITY

• 6.3.1 Turning to whether the proposal would have an impact upon the amenity of the neighbouring properties. There have been flues approved and refused with the main issues arising from them are with regards to the possibility of smoke or smells being emitted. When a flue is installed it is normally in connection with an item which would need to be installed by a HETAS registered installer or with a Building Control application, as such a flue would be checked to make sure that the flue is acceptable in terms of Environmental issues which could arise in its installation.

• 6.3.2 The proposed flue is situated approximately 17m away from the nearest property 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. 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. INTERESTED PERSON STATUS
• 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status

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.

Decision Made : Permitted Date: 08.07.2022 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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