30 October 2023 · Delegated
3, Ballamaddrell, Port Erin, Isle Of Man, IM9 6as
This application sought permission to increase the height of a wood-burning stove flue at 3 Ballamaddrell, Port Erin, from 1 metre to 2.3 metres. The applicant stated the increase was required to meet HETAS (heating equipment testing and approval) standards. The flue sits above a newly built flat-roof rear extension on this single-storey semi-detached property. The application was refused on 30 October 2023. The deciding authority found that the height and closeness of the taller flue to the immediately adjoining properties — No. 1 and No.
The application was refused because the 2.3m flue, positioned above a rear flat-roof extension on this single-storey semi-detached property, was found to have a dominant and overbearing impact on the outlook and visual amenity of the immediately neighbouring properties at No. 1 and No. 5 Ballamaddrell, including their rear gardens. This was considered an unacceptable effect on the living conditions of those neighbours.
Refusal Reasons
general standards towards acceptable development visual and neighbouring amenity
The height and proximity of the proposed flue to the immediate neighbours No. 1 and No. 5 Ballamaddrell results in a dominant and overbearing impact on their outlook and visual amenity and one which has an unneighbourly and unacceptable impact on the enjoyment and living conditions of their properties including their rear gardens contrary to General Policy 2(b, c, and g) of the Isle of Man Strategic Plan 2016.
promote good design and use of local materials and character
The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application
general standards towards acceptable development visual and neighbouring amenity, and energy reduction
The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application
noise and smell impact on amenities
The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application
Environment Policy 22: 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. 7.17.2 In addition to the above, changes in the activities associated with the current permitted use of land or a building, which in themselves do not constitute development and therefore do not require planning permission, can have an adverse impact on adjacent properties by virtue of noise, light or general disturbance. For example the addition of security lig hting on a property may cause light pollution affecting adjacent properties and the wider area. The introduction of new activities into established parks and recreation areas can have an impact on neighbours. In such cases the Department would advocate t he person or organisation considering the change to give careful consideration to the potential impact of such activity in terms of location, siting and design.
