DEC Officer Report

Application No.: 23/00696/B Applicant: Mr Mark Taylor Proposal: Installation of multi-fuel stove requiring a twin wall flue to be installed and terminating above the roofline of the property Site Address: 4 Barrack Lane Ramsey Isle Of Man IM8 1BE Principal Planner: Mr Chris Balmer Photo Taken: 27.07.2023 Site Visit: 27.07.2023 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 07.08.2023

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 is considered to comply with the relevant polices of the IOM Strategic Plan 2016 including General Policy 2, Environment Policy 35, Environment Policy 22; Planning Policy Statement 1/01; Section 18(4) of the Town and Country Planning Act (1999) and Residential Design Guide 2021.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 31.05.2023. _______________________________________________________________

Interested Person Status

Additional Persons

It is recommended that the following persons should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

The owner/occupier of 3 Barrack Lane, Ramsey as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (2019).

_____________________________________________________________________________ Officer’s Report

1.0 SITE - 1.1 The application site is the residential curtilage of 4 Barrack Lane, Ramsey which is a traditional two storey mid terraced property located to the western side of Barrack Lane.

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 roof would be located within the front elevation (eastern), close to the roof ridge projecting through the roof plane and approximately 0.6m above the roof ridge of the roof.

3.0 PLANNING POLICIES - 3.1 The application site is within an area of "Mixed Use - Town Centre" under the Ramsey Local Plan 1998. The application site is located within a Conservation Area. - 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 35 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." - 3.5 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."

3.6 This echoes the policies of Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man. - 3.7 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". - 3.8 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 (14.07.2023). - 5.2 Ramsey Commissioners have no objection (29.06.2023). - 5.3 Assistant Registered Building Officer (DEFA) comments (04.08.2023); "Looking at the history of the site, the terrace doesn't look like it has always been divided in the current manner. The 1860s OS Map suggests that it may have been larger properties, or warehouses etc. The number of stacks would appear to back up the idea that the building wasn't completely domestic in use.

I know its historic use isn't very important in terms of the proposed flue, but the evidence does suggest at least that there weren't stacks on every party wall that have been removed (which would be perverse given the proposed introduction of a new flue)."

5.4 The owner/occupier of 3 Barrack Lane, Ramsey have objected to the application for the following summarised grounds (07.06.2023); harmful gases that the stove will release dependent on the fuel that is burnt (coal most likely); these are damaging to the environment; already live on a terrace that is burning fuels and releasing gases into the atmosphere; we are supposed to be green and the we should be putting a stop to giving permission to properties to continue to burn these fossil fuels; the terrace is sheltered and tucked away and it isn't very well ventilated; and proposal would appear out of place and not in keeping in the Conservation Area

6.0 ASSESSMENT - 6.1 The main issues to consider in the assessment of this planning application are;

• - Statutory test
• - Character and appearance
• - Potential impacts upon neighbouring amenities

- 6.2 CONSERVATION AREA STATUTORY TEST

• 6.2.1 Prior to the assessment elements of this application, it is necessary to apply the Conservation Area statutory test as referenced in section 3.7 of this assessment on whether the proposal would preserve or enhance the Conservation Area.
• 6.2.2 Visiting the site it was observed that from Barrack Lane, there are complete views of the row of terraces and their roofs. From these views it was observed there where two historic chimneys (Nrs 3/4 & Nr 7) and a single domestic boiler flue (Nr 1). As outlined by the Assistant Registered Building Officer it appears that the properties along Barrack Lane may not have been originally seven terraced properties. The lack of chimneys stacks to each of the

• seven properties would seem to support this view, with only two stacks evident. The 1860s mapping seems to suggest perhaps a total of four units made up today's seven dwellings. Since 1984 (online records commenced) there has been two planning applications (04/01024/B & 04/01625/B), both at Nr 1 Barrack Lane which sought the removal of a gable end chimney stack (appeared as an original stack) and a second stack (brick construction later addition). Nr 1 was one of the four original units shown on the 1860s mapping. A further application (05/92119/B) to this property for dormers on front and rear elevations was refused; due to the dormer being out of keeping with the character of the dwelling, the design and form of the proposed development neither preserves nor enhances the character of the Conservation Area and concerns that a approval would set an undesirable precedent for similar extensions along Barrack Lane.
• 6.2.3 From Mona Street the proposal and the existing dwelling will not be apparent, given the surrounding properties in the area which run along Mona Street.
• 6.2.4 From South Promenade to the east of the site, there are wider views of a number of the seven terraces; including the application site, namely of the roofs of the seven properties of Barrack Lane, albeit given existing properties along South Promenade and a mature tree, complete views of the entire terraces is not apparent.
• 6.2.5 There is some concern that the introduction of the proposed flue, which would project 0.6m above the roof ridge line of Nr 4 would introduce a feature which does not currently exist (i.e. projecting above the roof ridge), the exception being the existing chimney stacks. The domestic boiler flue (Nr 1) is a modern addition, but does not project above the roof ridge and is also smaller in width/height. Having said this the main public views are from South Promenade which have more wider views of the terrace but also neighbouring surrounding dwellings (South Promenade/Mona Street), where there are a number of chimney stacks for example which project about their respective roof ridges are apparent. While the proposed flue would introduce a new feature to the terrace; it is not considered given its height, scale and colour, it would have significant adverse visual impact and would have a neutral impact (preserve) upon the character and appearance of the Conservation Area. If the flue where taller, then this would need to be re considered. A condition should be attached which restricts the height of the flue.

- 6.3 CHARACTER AND APPEARANCE

• 6.3.1 The Planning Department has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area

• as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2016). This policy indicates that development within Conservation Areas will only be permitted if they 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.

• 6.3.2 For the reasons outlined previously (par 6.2.2 to 6.2.5) it is considered the proposal are acceptable and would preserve the character and appearance of the Conservation Area.
• 6.4 POTENTIAL IMPACTS UPON NEIGHBOURING AMENITIES

• 6.4.1 The main issue is not whether the physical flue would have impact (it doesn't); but rather whether the smoke emitted from the flue would give raise to an unacceptable impact upon neighbouring amenities.
• 6.4.2 There has been a previous application which was approved initially but refused on appeal following an adverse recommendation from the inspector. This application, 18/01125/B

• at Close Cowley was refused, one reason relating to the effect of its use in terms of smell and smoke nuisance, to the immediate neighbour. The inspector was 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. This 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. What is proposed here differs from the Close Cowley proposal as the flue would project above the roof ridge and be therefore set a number of metres above neighbouring windows and being near the roof ridge. At Close Cowley the flue ran parallel with the rear elevation, about 1m away from a neighbouring window and 1m above the eves and therefore was much closer to the openable windows and the soffit window trickle vents of the neighbouring property which was considered to be affected.

• 6.4.3 The inspector commented that; "The purpose of any flue is to discharge smoke and pollutants and to do so they are usually positioned so that the discharges are at a relatively high level and that they are dispersed naturally in the air. They are also positioned well away from openable windows or vents so that there is no risk of smoke and pollutants being blown back into the host property or any other."
• 6.4.4 It is also noted that the flues height would be similar to existing chimneys stacks, which could be used and potentially have a greater impact as open fires generally create greater qualities of smoke.
• 6.4.5 In this case given the flue's position and height from neighbouring windows, it is considered the impacts would not be so adverse or unacceptably harm the environment and/or the amenity of nearby properties to warrant a refusal and would comply with GP2 and EP22.

6.5 Other Matters

• 6.5.1 In relation to comments that the burning of coal/wood is damaging to the environment, while this may be correct, arguable this is the case if you had an oil/gas/electric boiler currently. Furthermore wood burning stoves / multi fuel stoves are generally significantly more efficient compared to open fires. The fuel chosen for example, wood, maybe from a sustainable source (albeit the type of fuel used is not a planning matter nor something which could be controlled by the planning process). It is currently not illegal to install wood burning stoves on the IOM, nor are there any "Smoke Control Areas" as there are in the UK which restricts the release of smoke / only burn authorised fuel.
• 7.0 CONCLUSION

7.1 For these reasons the proposal is considered to comply with the relevant polices of the IOM Strategic Plan 2016 including General Policy 2, Environment Policy 35, Environment Policy 22; Planning Policy Statement 1/01; Section 18(4) of the Town and Country Planning Act

(1999) and Residential Design Guide 2021. Therefore the application is recommend for an approval.

- 8.0 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: 11.08.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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