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Applicant: Mr Jason Singleton Proposal Erection of a replacement timber fencing and the installation of a flue Site Address Westfield 21 Arbory Road Castletown Isle Of Man IM9 1ND Case Officer : Miss S E Corlett Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 31.03.2021
C : Conditions for approval N : Notes attached to conditions
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.
Reason: to reduce the visual impact of the flue especially in respect of its proximity to the Conservation Area in accordance with Environment Policy 36.
Reason: to ensure that the fencing has an acceptable impact on the character and appearance of the area, particularly the adjacent Conservation Area, in accordance with Environment Policy 36.
This application has been recommended for approval for the following reason. It is considered that with the application of conditions regarding the colour of the flue and the fencing, the proposal complies with General Policy 2 and Environment Policy 36 of the Strategic Plan and the Residential Design Guidance.
Plans/Drawings/Information;
This decision relates to the location plan, site plan, fencing illustrations and drawings 01 and 02 all received on 12th February, 2021. _______________________________________________________________ Interested Person Status – Additional Persons None ________________________________________________________________ Officer’s Report THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE APPLICANT IS A MEMBER OF THE DEPARTMENT
1.1 The site is the residential curtilage of an existing dwelling, Westfield, which sits on the corner of Arbory Road and Farrant's Way just outside the main town centre in Castletown. The house is a two and a half storey property which has a single storey annex on the southern side with a lean to roof sloping down towards Farrant's Way. The site is surrounded by a wall which is stone alongside Farrant's Way and render at the front with a vehicular access off Farrant's Way and a further vehicular access on the corner of the two roads, serving the lean to garage. There are a number of trees alongside the wall which have been pollarded and new growth is emerging. A pedestrian entrance sits in front of the house on Arbory Road. The Farrant's Way wall has a fence on top which is missing in parts and partly covered in vegetation. A more open fence runs from the roadside into the side alongside the parking provision with a pedestrian gate leading into the rear garden to the house. - 1.2 To the rear is the side boundary of Farrant House. THE PROPOSAL
2.1 Proposed is the replacement of the Farrant's Way fencing up to the rear of the garage to an overall height of the existing stone wall and fence combination. The fence will be a tongue and groove solid top fence rather than the overlapping horizontal fence which exists. - 2.2 Also proposed is the installation of a flue on the southern gable of the single storey extension to the rear of the main house. This flue will start above the window head level and level with the flat roofs on each side of the pitched roof part of the rear extension and will project 1.2m above the ridge of the single storey extension. - 2.3 The applicant has indicated that the lower part of the flue will be painted to match the adjacent wall and that above the roof will be black. He has also indicated that he will need to apply preservative to the fencing so would be happy with a condition which requires the fencing to be painted, stained or varnished a green, brown or black colour. PLANNING POLICY
3.1 The site lies within an area designated on the Area Plan for the south (2013) as Predominantly Residential. The site is not within the town's Conservation Area which lies across the road from the southern boundary of the site. - 3.2 As such, the following parts of the Strategic Plan are relevant:
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:
3.4 The Department has recently published the Residential Design Guidance (March 2019) which provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential property. This provides advice on the installation of flues, suggesting that the impact of them can be mitigated by colouring the external finish, encasing the flue within an existing or new chimney stack. - 3.5 The RDG also provides advice on fencing, suggesting that boundary treatments contribute a great deal to the streetscape and character of an area and that boundary treatments at the front of a property should take account of the context of the area and with advice that generally walls and fences fronting a highway should not be higher than 1m. - 3.6 Due to the proximity of the Conservation Area, Environment Policy 36 is applicable: Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area.
4.1 The application property has been extended under 04/00084/B and the driveway created under 12/01415/B.
4.2 There has been a recent application for a flue on a different property in another part of the Island, which was refused due to its visual impact and harm on the living conditions of those in adjacent dwellings (18/01125/B). REPRESENTATIONS - 5.1 Highway Services do not object (11.03.21). ASSESSMENT - 6.1 The issues in this case are whether the erection of the fencing and the flue would have any adverse impact on the character or appearance of the area including the adjacent Conservation Area or the living conditions of those in any adjacent properties. Character and appearance of the area
6.2 Fences are generally not welcomed as a boundary treatment where the property served is traditional and in this case, the predominant boundary treatment is walling, whether stone or rendered blockwork. Indeed, fencing along the Farrant's Way boundary of 1, Farrant's Park was proposed and the application withdrawn before a decision was taken (17/01181/B) as the reporting officer was not supportive of the proposals due to the impact it would have on the character or the area. That application was for a 1.8m high fence which the applicant offered to reduce to 1.2m but that was still not found to be acceptable and the applicant was advised of the provisions of the Permitted Development Order which would allow a 1m fence with space between the vertical boards (this correspondence is online).
6.3 In this case, however, there is fencing already in situ and what is proposed must be assessed in respect of what exists. The difference between what is there and what is proposed is that the new fencing will appear newer and of a lighter colour and a slightly different composition although the applicant's offer to colour the fence a dark colour will help reduce its impact and this can be required by planning condition. - 6.4 The flue will be visible although not prominent and as part of a modern annex with flat roofing on each side. The colouring of the outside will help reduce the impact of it although the colour of the flue in one consistent finish may be more effective than trying to match the background which will change depending upon the height and position of the viewer. Again, a condition can control this. Impact on the living conditions of those in adjacent property - 6.5 The works are some distance from the nearest dwelling with commercial offices directly across Farrant's Way and Farrant House some 26m away with intervening boundary vegetation. This is significantly different from the case referred to in 4.2 above in terms of position and proximity to neighbouring property. Due to these distances and relationships it is not considered that the flue would have any adverse impact on the living conditions of those in adjacent property.
7.1 It is considered that with the application of conditions regarding the colour of the flue and the fencing, the proposal complies with General Policy 2 and Environment Policy 36 of the Strategic Plan and the Residential Design Guidance. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : …Permitted……….... Committee Meeting Date:…12.04.2021
Signed :……SMCORLETT……….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Application No. : 21/00139/B Applicant : Mr Jason Singleton Proposal : Erection of a replacement timber fencing and the installation of a flue Site Address : Westfield
21 Arbory Road Castletown Isle Of Man IM9 1ND
Principal Planner : Miss S E Corlett Presenting Officer As above
An additional representation from the DoI's Flood Risk Management Team has submitted comments on 30th March, 2021 advising that there is no flood risk management interest in the application. The PC was updated and advised that this contributor should be afforded Interested Person Status as they are a Government Department which has raised material issues in their representation.
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