1 February 2024 · Delegated
Beach Shack, Shore Road, Port Erin, Isle Of Man, IM9 6hl
The application sought approval for the removal of a chimney stack on the front roof aspect, which had already been taken down to roof level and the roof re-tiled to match the existing profile and materials. The property is a detached bungalow in a proposed Conservation Area. The Department of Environment, Food and Agriculture approved the application. The chimney was not a notable feature in the roof scape and the area has been made good, so its former location is not apparent. Key issues considered were the Section 18(4) test for character and appearance, and preserving or enhancing the proposed Conservation Area.
The application was approved as the chimney stack removal did not harm the character and appearance. The stack was not a notable feature and the roof refurbishment matched the existing materials and profile. It met the Section 18(4) test and preserved or enhanced the proposed Conservation Area. The formal decision record lists 1 condition.
Town and Country Planning Act (1999)
The proposal complies with Section 18(4) of the Town and Country Act (1999)
Isle of Man Strategic Plan 2016
Environment Policy 35 of the Isle of Man Strategic Plan 2016
Environment Policy 35: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development. 7.30 Development adjacent to Conservation Areas 7.30.1 It is often the case that important views into and out of a Conservation Area can contribute significantly to its character. It is necessary to assess the impact any development adjacent to conservation areas may have on such views.
General Policy 2
character and appearance (GP2, b,c)
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
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
