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Application No.: 23/00752/B Applicant: Ms Laura Lace Proposal: Installation of stainless steel twin wall flue (retrospective) Site Address: 24 Glebe Aalin Ballaugh Isle Of Man IM7 5BX Planning Officer: Miss Lucy Kinrade Recommended Decision: Permitted Date of Recommendation: 14.02.2024
C : Conditions for approval N : Notes attached to conditions This application has been recommended for approval for the following reason.
The flue has an acceptable visual and amenity impact on neighbouring living conditions in accordance with General Policy 2 (b, c, g, n) and Environment Policy 22 of the Strategic Plan 2016.
Plans/Drawings/Information; This approval relates to drawing numbers 001, 002 and 003 all date received 14/07/2023. _______________________________________________________________
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 4(2):
22 Glebe Aalin, Ballaugh - as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (2021). _____________________________________________________________________________
1.0 THE SITE - 1.1 The site relates to 24 Glebe Aalin, Ballaugh and existing two storey dwelling.
2.0 THE PROPOSAL - 2.1 The application seeks retrospective approval for the installation of a flue projecting out from the front roof slope just below the ridge line and terminating 650mm above the ridge.
3.0 PLANNING HISTORY - 3.1 The dwelling was subject to a previous application for an extension above the garage, this was approved at appeal and included the removal of a chimney stack. - 3.2 PA 23/00921/B for a 2.3m flue on a single storey extension was recently refused on grounds of its unacceptable visual impact only. As part of that application comments were submitted by Environmental Health cover matters relating to how smoke can cause nuisance and that the raising of height of the flue helping to reduce that risk of nuisance and a number of matters to consider including topography, characteristics of surrounding properties, wind patterns, air movement, fuel quality, effects of cowls etc. - 3.3 At the rear of the property there has been an approval for a flue on No. 33 22/00829/B, and there is a concurrent application for a flue on No. 31 currently under consideration PA 23/01370/B.
4.0 PLANNING POLICY - 4.1 The site is within an area designated as proposed Residential on the 1982 Development Plan. - 4.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:
4.3 The Residential Design Guide (July 2021) Section 5- Architectural Details is also relevant.
5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only. - 5.1 Ballaugh Commissioners - were consulted but no response received at time of writing report 14.02.2024. - 5.2 Department of Infrastructure Highway Services - No highways interest (01/09/2023) - 5.3 Comments were sought from Environmental Protection Unit on 18.12.2023 and 17.01.2024 but no comments had been received at the time of writing the report 14.02.2024.
5.3 On 21/08/2023 Alfred Cannan MHK representative for No. 22 Glebe Aalin requested deferral until 18th September to allow the owners of 22 Glebe Aalin to comment on the application. - 5.4 The owners of No. 22 Glebe Aalin - Objection (13/09/2023) their comments have been summarised but can be views online in full. They are concerned with the semi-detached nature of the properties and the installation of the burner. They state that the installation was done without proper approval and has caused significant stress and health concerns to them. These issues include the proximity of the flue to their boundary, the lack of ventilation causing smoke to enter their home, and the potential health risks associated with smoke inhalation. Their
letter also includes links to environmental reports, references Environment Policy 22 and highlights environmental concerns regarding increased air pollution and the visual impact of the flue on the surrounding area. Despite attempts to address the issue with EPU no response has been received, leading to further anxiety and stress and the flue having detrimental effect on their well-being and others in the surrounding area contrary to planning policy.
5.5 The applicant provided a response to objections dated 09.01.2024 and this response also included a copy of a HETAS flue installation certificate.
6.0 ASSESSMENT - 6.1 The key considerations of this flue application are the visual impacts and whether there are any amenity impacts on the neighbours. In terms of procedural matters another yellow notice was sent to the applicant to be displayed at the site and determination of the application was delayed following request from a local MHK on behalf of their constituent No. 22 Glebe Aalin who later submitted comments dated 13.09.2023 and these have been referenced at 5.0 of this report. Visual Impact - 6.2 The flue is 650mm above the ridge line and 175mm in diameter. The existing dwelling is fairly modern and not of any traditional, historic or social merit warranting its protection. The flue is fairly small scale projecting only from above the roofline unlike some others in the estate running up along the gable walls. The proposed flue in this case does not have a negative impact on the overall appearance of the dwelling and does not adversely harm the wider character and appearance of the streetscene also minded that there are already a number of similar flues in the area and this would not result in any harm to overall public visual amenity. Amenity Impact - 6.3 Smell and smoke nuisance is the biggest threat to neighbouring properties when it comes to the installation of flues and this can be made worse in particularly close knit housing situations or where a flue is proposed at a much lower level compared to neighbouring properties. In this case the dwelling is two storey and the flue is proposed to terminate 650mm above the existing ridge. Dwellings are close side by side but with gardens to the front and rear providing open spaces around the dwelling for air circulation and dispersal and also minded of the directly adjacent large open fields to the east. The distance, density and siting of the properties in this estate, the open nature and taking into account the height of the flue terminating above the two storey ridge that it is not considered that there would be such significant levels of smoke or smells that would unreasonably harm the living conditions or enjoyment of neighbouring properties to warrant a refusal in this case and also minded that there are other flues already approved in this area too.
7.0 CONCLUSION - 7.1 The proposal is considered to have an acceptable visual impact and not to harm the living conditions or amenities of the neighbours in accordance with General Policy 2 (b, c, g, n) and Environment Policy 22 of the Strategic Plan 2016.
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:
8.2 The decision-maker must determine:
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 : 16.02.2024 Determining officer
Signed : A MORGAN Abigail Morgan Acting Head of Development Management
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