18/00169/DUD
planning enforcement action
This application follows planning enforcement action (18/00169/DUD). Following this action, the applicant has agreed to submit a retrospective planning application for the flue.
1 March 2019 · Delegated
6, Close Cowley, Douglas, Isle Of Man, IM2 2hx
This retrospective application sought permission for the installation of a solid fuel stove flue at 6 Close Cowley, Douglas — a two-storey semi-detached house on the outskirts of Douglas. The flue protrudes 3.2m above the flat roof of a single-storey rear extension. The property shares a chimney stack with the adjoining dwelling at number 8. During the process, the flue height was increased from an initial 2.2m to 3.2m above the roof in response to concerns raised by neighbours. The main planning issues considered were the flue's visual impact on the area, its effect on the residential amenity of neighbouring properties, and any polluting impact. The application was approved by the delegated officer on 1 March 2019, with one condition attached.
The application was approved on a delegated basis. The key planning considerations were the flue's visual impact on the area, its effect on neighbouring residents' amenity, and any potential polluting impact. The flue height had already been increased from 2.2m to 3.2m above the rear roof extension in response to neighbour concerns, and the proposal was found acceptable on those terms.
Isle of Man Strategic Plan 2016
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
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. 6.3 Development outside of areas zoned for development
Isle of Man Strategic Plan
Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: ii) emissions of airborne pollutants.
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.
Condition 1
In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Miss Kelly Hillier, Ref 18/01125/B, for the Installation of a flue (retrospective) at 6 Close Cowley Douglas Isle Of Man IM2 2HX subject to compliance with the following condition(s) and notes (if any):
planning enforcement action
This application follows planning enforcement action (18/00169/DUD). Following this action, the applicant has agreed to submit a retrospective planning application for the flue.