DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00652/B Applicant: Mr Jake Kelly Proposal: Installation of a flue Site Address: 6A Arbory Road Castletown Isle Of Man IM9 1HB Principal Planner: Chris Balmer Recommended Decision: Permitted Date of Recommendation: 15.07.2024

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.

Given the flue's position and height from neighbouring windows, it is considered the impact 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 General Policy 2 and Environment Policy 22, and Residential Design Guide 2021.

Plans/Drawings/Information; This approval relates to the submitted documents and drawings all received on 12.06.2024. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 SITE - 1.1 The application site is the residential curtilage of a detached dwelling 6A Arbory Road Castletown, which is a two storey end terraced dwelling located to the western side of Arbory Road and northwest of Castletown centre.

2.0 PROPOSAL - 2.1 The application seeks approval for the installation of a flue which would project above the existing roof plane by approximately 1.5m and 0.6m above the roof ridge of the main dwelling. The flue is located within the rear roof plane of the dwelling and finished in black.

3.0 PLANNING POLICIES - 3.1 In terms of land use designation under the Area Plan for the South the site is within a "Predominately Residential" land use designation and not within a Conservation Area nor a Registered Building. - 3.2 The Isle of Man Strategic Plan 2016 contains two policies that are considered specifically material to the assessment of this current planning application. 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:

• (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;"

3.3 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 (21.07.2024). - 5.2 Environmental Health (DEFA) comment (04.07.2024) raise no objection and outline the likelihood of a nuisance occurring that generally can happen.

6.0 ASSESSMENT - 6.1 The principal issue relates to the visual impact upon the street scene and upon the individual property. The flue from Arbory Road would not be a prominent feature from public viewpoints along Arbory Road, namely given its position to the rear, and surrounding building development (neighbouring dwellings). The flue in terms of design and size is becoming more common, which a number of properties throughout the IOM having them installed. Accordingly, while it would be a new feature to this dwelling it is not considered it would have a significant visual impact given its size and given flue are not unusual features to residential properties. Accordingly, it is considered the proposal would be an appropriate form of development within the street scene and to the individual property.

• 6.4.1 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.

7.0 CONCLUSION 7.1 For these reasons the proposal is considered to comply with the relevant polices of the General Policy 2 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.

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

I can confirm that this decision has been made by the Acting Head of Development Management 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 : 19.07.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

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