DEC Officer Report

Application No.: 23/01442/B Applicant: Mr & Mrs James & Laura Slater Proposal: Installation of a flue Site Address: 45 Lezayre Park Ramsey Isle Of Man IM8 2PT Planning Officer: Mr Peiran Shen Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 25.01.2024

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. The proposed flue is considered to have no impact on the character of the area or the amenities of neighbouring properties.

Plans/Drawings/Information;

This approval relates to the documents, Location Plan, Site Plan and drawing no. 1686.1 which have been received on 8th December 2023. _______________________________________________________________

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 4(2):

47 Lezayre Park

as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status.

_____________________________________________________________________________ Officer’s Report

1.0 THE SITE - 1.1 The site is 45 Lezayre Park, Ramsey, a single-storey semi-detached dwelling located on the west of Lezayre Park.

2.0 THE PROPOSAL - 2.1 This application seek approval for the installation of a flue on the front elevation, close to the chimney of the neighbouring property.

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 1982 Development Plan. Strategic Policy - 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:

• o Strategic Policy 3, 5
• o General Policy 2 (b), (c), (g)
• o Environment Policy 22

PPS and NPD

4.3 There is no planning policy statement or national policy directive 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 particularly of material relevance to the assessment of this current planning application: o Chapter 5 Architectural Details

6.0 REPRESENTATIONS - 6.1 Ramsey Town Commissioners has no objection to this application (19.01.2024). - 6.2 DoI Highway Services states there is no highway interest in this application (22.12.2023). - 6.3 DEFA Environmental Health Unit does not oppose this application (22.12.2023). - 6.4 Owners/Occupiers of 47 Lezayre Park, Ramsey wrote in objection of this application (09.01.2024). The comment points out that the elevation submitted omits the aerial/sky dish on their chimney stack. The flue could interfere with the signal reception of No.47. The comment also states that the installation process could damage their roof. The comment then states that the flue might not be able to sustain the weather condition of this island and the smoke could affect their living condition through backdraft or downdraft.

7.0 ASSESSMENT Point of Clarification - 7.1 The lack of aerial/sky dish does not affect the assessment of the application since it is outside the red line boundary. - 7.2 The signal reception of the dish, the construction process and its close proximity to neighbouring properties and the quality of the flue are not material planning considerations and has no impact on the assessment of the application. - 7.3 The objector has asked for confirmation of reassurance for elements within their objections. However, as mentioned in 7.1-7.2, these are not material planning consideration and does not impact the assessment of the application. Therefore, the department cannot condition these issues nor would any confirmation from the applicant have an impact on the assessment of the application. Elements of Assessment - 7.4 The key considerations of this application are its impact on the house itself, on the character and streetscene of the area and on the amenities of the neighbours. - 7.5 It is considered that the flue does not have a negative impact on the design of the house itself or the character and streetscene of the area. - 7.6 Environment Policy 22 states that it is important to protect the environment and quality of life by controlling development which 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 and after careful consideration, it is considered that there is no reason to recommend refusal as there is no evidence indicate the presence of unacceptably harm to the amenity of nearby properties.

8.0 CONCLUSION - 8.1 The proposed flue is considered to have no impact on the character of the area or the amenities of neighbouring properties. The proposal is considered to comply with General Policy - 2 of the Strategic Plan and the Residential Design Guide July 2021. Therefore, it is recommended for an approval.

9.0 INTEREST PERSON STATUS - 9.1 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 which 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.

9.2 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.

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

Decision Made : Permitted Date : 26.01.2024 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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