Loading document...
Application No.: 24/91361/B Applicant: Mr & Mrs James Smeed Proposal: Installation of external flue to new Multi-fuel Stove Site Address: 63 Ard Reayrt Laxey Isle Of Man IM4 7QQ Planning Officer: Peiran Shen Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 28.02.2025 _________________________________________________________________
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 flue does not harm the character and streetscene of the area nor neighbouring amenities. Therefore, the proposal is considered to comply with General Policy 2 and Environment Policy 22 of the Strategic Plan and the Residential Design Guide.
Plans/Drawings/Information; This approval relates to the documents and drawing nos. 03 Rev A, 04 Rev A, 05, which have all been received on 2nd and 5th December 2024.
_________________________________________________________________ Right to Appeal
It is recommended that the owners/occupiers of the following properties should NOT be given the Right to Appeal because: Local Authority - No Objection
It is recommended that the owners/occupiers of the following properties should be given the Right to Appeal as they have submitted an objection that meets the specified criteria: 64 Ard Reayrt, Laxey
_________________________________________________________________ Officer’s Report
1.0 THE SITE - 1.1 The site is 63 Ard Reayrt, Laxey, a detached house located in the east of the Ard Reayrt.
2.0 THE PROPOSAL - 2.1 The proposal is the installation of a flue on the southeast elevation. The flue will be higher than the roof surface but lower than the ridge.
3.0 PLANNING HISTORY - 3.1 There is no previous application considered materially relevant to this application.
4.0 PLANNING POLICY Site Specific - 4.1 The site is within an area designated as Predominantly Residential in the Area Plan for the East. Strategic Policy - 4.2 The Isle of Man Strategic Plan 2016 (IOMSP) contains the following policies that are considered materially relevant to the assessment of this current planning application:
4.3 The Isle of Man Strategic Plan has no assumption in favour of new development. In decision-making, approval should usually not be granted where a planning application conflicts with the Plan. - 4.4 General Policy 2 (b) (c) and (g) set out design requirements for development, of which they should respect the character of the site itself and its immediate and not-so-immediate surroundings. PPS and NPD - 4.5 No planning policy statement or national policy directive is considered materially relevant to this application.
5.0 OTHER MATERIAL CONSIDERATIONS Strategy and Guidance - 5.1 The Residential Design Guide (July 2021) contains the following guidance that are considered materially relevant to the assessment of this current planning application: o Chapter 5 Architectural Details
6.0 REPRESENTATIONS This section is a summary. The original texts of the consultations and comments received are available on the Planning Application Search on the government website. - 6.1 Garff Commissioners have resolved to defer consideration of this matter to the Planning Authority (21.01.25). - 6.2 DoI Highway Services has not commented at the time of this report (28.02.2025). - 6.3 DEFA Environmental Health Unit does not object to this application (12.02.2025). The comment states that the plans do not appears to indicate an obvious risk of a smoke nuisance. The comment provides suggestion for the applicant to take notice. - 6.4 Owners/Occupiers of 63 Ard Reayrt wrote in objection to this application (16.12.2024). The comment states they are worried about smoke blowing towards them or the flue being too close to the boundary hedges.
7.0 ASSESSMENT Elements of Assessments - 7.1 The primary considerations are the impact of the proposal on: o character and streetscene of the area o amenities of the neighbouring properties - 7.2 The flue is slim and not readily visible to the public. Therefore, it is considered to have no adverse impact on the character and streetscene of the area. - 7.3 While the comment from No.63 is not in the form of an objection, their questions are not able to be addressed by planning so the comment is considered as an objection. - 7.4 The distance between flue and combustible materials are regulated by Building Control and therefore not a material consideration for this application. The concern in relation to smoke nuisance is however capable of being a material consideration. - 7.5 Environment Policy 22 states that it is important to protect the environment and quality of life by controlling development that would lead to unacceptable pollution and other nuisances. It also states that it is not the role of land use planning to duplicate controls, which are the statutory responsibility of other agencies, including other directorates within the Department. Based on this policy, along with the comment from Environmental Health Unit, it is considered that there is no reason to recommend refusal as there is no evidence to indicate the presence of unacceptable harm to the amenity of nearby properties.
8.0 CONCLUSION - 8.1 The flue does not harm the character and streetscene of the area nor neighbouring amenities. Therefore, the proposal is considered to comply with General Policy 2 and Environment Policy 22 of the Strategic Plan and the Residential Design Guide and is recommended for an approval.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted). - 9.2 Article A10 sets out that the right to appeal is available to:
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
9.5 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 the Right to Appeal.
I can confirm that this decision has been made by the 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, and/or rights to appeal.
Decision Made : Permitted Date : 28.02.2025 Determining Officer
Signed : S BUTLER Stephen Butler Head of Development Management
Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record.
Copyright in submitted documents remains with their authors. Request removal
