DEC Officer Report

Application No.: 18/01125/B Applicant: Miss Kelly Hillier Proposal: Installation of a flue (retrospective) Site Address: 6 Close Cowley Douglas Isle Of Man IM2 2HX Planning Officer: Mr Nick Salt Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 01.03.2019 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions NONE Plans/Drawings/Information; This permission relates to the following plans and drawings, date stamped received on 25th October 2018:

• o Location Plan
• o Site Plan
• o Photographs of flue x5

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the owners/occupiers of the following properties 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 6(4):

8 Close Cowley as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).

Officer’s Report

1.0 SITE - 1.1 The site is the residential curtilage of 6 Close Cowley, Douglas. The site dwelling is a two storeys semidetached dwelling on the outskirts of Douglas. There is an adjoining similar dwelling to the north (no.8). Both dwelling share a chimney stack. - 1.2 The dwelling features a single storey fat roof extension to the rear elevation, with a solid fuel stove flue protruding 3.2m from the roof. The flue was initially 2.2m above the roof but raised to 3.2m in response to neighbour concerns.

2.0 PROPOSAL - 2.1 The application is retrospective for the installation of the flue currently in situ. The flue is painted black and approximately 1 metre from the closest part of the neighbouring dwelling (no.6).

3.0 PLANNING HISTORY - 3.1 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. Retrospective applications are given the same consideration and assessment as normal planning applications, regardless of whether the development has taken place.

4.0 PLANNING POLICY - 4.1 The proposal site is in an area designated in the Douglas Local Plan 1998 as Predominantly Residential Use. - 4.2 Given the land use designation, General Policy 2 (in part) of the Isle of Man Strategic Plan 2016 applies "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:

• (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; (g) does not affect adversely the amenity of local residents or the character of the locality."

4.3 Environment Policy 22 (in part) is also important to consider given the nature of development: "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."

5.0 REPRESENTATIONS - 5.1 DoI Highway Services have stated that they have no highways interest in the application (09.11.18). - 5.2 Douglas Borough Council have no objection to this application (16.11.18). - 5.3 The immediate adjoining neighbour at 8 Close Cowley has objected (16.11.18) to the application on grounds which can be summarised as the following:

• 1. The flue is out of keeping with the "aesthetic nature of the surrounding properties" and similar flues are not seen elsewhere in the area.
• 2. The smoke emissions from the flue result in an unpleasant smell and difficulty breathing for the neighbouring residents, resulting in a detriment to wellbeing and health.
• 3. The objector has referenced in depth various health organisations (WHO, BMA etc.) who have published material highlighting the pollution caused by domestic log-burning stoves, and the impact on human and environmental health.
• 4. The height of the flue has no impact on the severity of the smoke emitted.

The same neighbour submitted further comment on 20.01.19 referencing the UK Government Clean Air Strategy and the future restrictions on domestic wood burning.

5.4 DEFA Environmental Health have been approached for comment but no representations were forthcoming. - 6.0 ASSESSMENT

6.1 The key considerations in the assessment of this application are, the impacts on the visual amenity of the area, the impacts on neighbouring dwellings residential amenity, and polluting impact. - 6.2 Visual Impact

• 6.2.1 To pedestrians and vehicles driving on Close Cowley, the flue is not readily visible. Its visual impact is therefore limited to the rear of the houses to the east of the site, and those immediately adjacent. The flue is black matte which reduces its impact somewhat, and sits well below the roof ridge of the dwelling.
• 6.2.2 The objection from No.8 on visual grounds is noted, however it is not considered that the rear of the properties are of special aesthetic value and similar flues are in similar locations throughout the island. Whilst flues are generally not an attractive addition to a property, their visual impact in generally limited and not sufficient to warrant a reason for refusal.
• 6.3 Impact on Neighbour Amenity, Pollution

• 6.3.1 Environment Policy 22 of the Isle of Man Strategic plan states that development would not be permitted where it unacceptably harms the amenity of nearby property due to the emissions of airborne pollutants. Whilst this may appear that all pollutant renders development fundamentally unacceptable, the issue is subject to a test of severity and what constitutes 'unacceptable'. The objection from the neighbour at 8 Close Cowley has been carefully considered, along with the relevant documentation concerning airborne pollutants such as WHO publications. However, if it is considered that a property is burning illegal or unacceptable fuels or quantities of fuel and emitting the smoke via a flue - this is a matter for Environmental Health.
• 6.3.2 Planning must consider the flue as per any other multi-fuel stove flue. Such flues have been permitted in large numbers over recent years and any refusals of permission are likely to result from the visual impact of the proposal rather than any pollution. If used correctly, the proposal would not have any unacceptable impact on the neighbouring properties which is above and beyond that which is normal and prevalent throughout the island. The applicant could, if they wished, burn wood pellets or other alternate cleaner-burning fuel in their stove again this is not an area which can be controlled through the planning system.
• 6.3.3 Whilst the impacts on the neighbours personal amenity and health have been raised, it is not considered that these impacts can be evidenced as directly linked to the burning of fuel and emission through the flue. There is proximity to a window in 8 Close Cowley, however the

• fuel is more likely to be burnt during colder weather - when it is less likely that this window will be open. Additionally, the applicant has raised the height of the flue to further limit this impact.
• 6.3.4 Building Control Regulations are concerned with the proximity of outlets such as flues to windows and other dimensions - the applicant has provided the certificate of compliance for this installation. Whilst Douglas Borough Council are responsible for Building Control in this area, DEFA Building Control Regulations contain Part J which relates to combustion appliances and fuel storage systems. The positioning of the flue exit out from the rear elevation and above the eaves of the roof is compliant.
• 6.3.5 Overall, the pollution potentially emitted from the flue is not considered likely to be unacceptable. Refusing the application on these grounds would, in effect, render all future flue's on the island unacceptable as this reason for refusal would need to be applied consistently. This position may change in future if further legislation and policy were to be published, however, this is not yet the case on the Isle of Man.

- 7.0 CONCLUSION

7.1 In summary, whilst the concerns raised have been carefully considered in terms of pollution, and whilst the flue is does not have a positive visual impact on the rear of the property, these issues are not considered so severe as to be reasons for refusal. On balance therefore, the application is recommended for approval. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated. 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 in Article 6(4) 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.

Decision Made : Permitted Date: 01.03.2019 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

Customer note

This copy of theofficer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.