Officer Report

Application No.: 25/91206/B Applicant: Mr David Chapman Proposal: Removal of 8 chimney stacks, and installation of a roof light in flat 19 (all retrospective) Site Address: 8-20 Windsor Terrace Douglas Isle Of Man IM1 3LT Planning Officer: Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 05.03.2026 Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions

This application has been recommended for approval for the following reason.

The proposed works are deemed to comply with Section 18(4) of the Town and Country Act (1999), General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan and as such recommended for approval.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 26th January 2026;

• Planning Statement
• Drawing No. P001
• Drawing No. BC002 Rev A
• Drawing No. BC 003 Rev A
• Drawing No. BC 004 Rev D
• Drawing No. BC005 Rev E

Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal: Douglas City Council - No objection

Officer’s Report

- 1. THE APPLICATION SITE

1.1 The application site is No.8-20 Windsor Terrace, Douglas which is a block of 12 flats situated to the East of Windsor Terrace.

- 2. THE PROPOSAL

2.1 The current planning application is a follow on from PA24/00557/B and is for the removal of the existing chimney stacks, the removal of an existing dormer and installation of a velux window.

2.2 The planning statement states the following, "Planning approval was granted on 25/06/24 24/00557/B for the installation of replacement roof slates, fascia, soffits gutters and down pipes. This approval was sought as the roof had reached the end of its lifespan (77 years) and was causing significant leaks. A condition report was done by Steve Morley Chartered Surveyors outlining the need for replacement. At the time of that application the condition of the chimney was not know as they could not be inspected without scaffolding. When construction commenced, the scaffold was erected, it became apparent that the chimneys were in a similar state of disrepair and were the cause of some significant leaks to numerous apartments."

- 3. PLANNING HISTORY

3.1 There is one previous application which is relevant to the assessment of this application, PA24/00557/B which was for, "Installation of replacement roof slates, fascia, soffits gutters and down pipes," and was Permitted.

- 4. PLANNING POLICY

4.1 The site lies within an area zoned as Predominantly Residential on the Area Plan for the East - Map 4 - Douglas. The property is not situated within a flood risk zone but is situated within a Conservation Area.

4.2 Given the nature of the of the land designation and the property being within a Conservation Area, Section 18(4) of the Town and Country Planning Act (1999) is the most relevant in the assessment of this application. Followed by paragraph 7.29.2 and Environment Policy 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area.

4.3 The recently released Residential Design Guidance 2021 is also a material consideration particularly those parts in respect of good neighbourliness and overlooking.

4.4 Furthermore consideration shall also be given to Community Policies 7 and 11 in respect of reducing outbreak of fire and preventing criminal activity and Infrastructure Policy 5 in respect of water conservation.

- 5. REPRESENTATIONS

5.1 The following representations can be found in full online, below is a short summery;

5.2 Douglas City Council have considered the proposal and state, No objection. (11.02.26)

5.3 DOI Highway Services and The Registered Buildings Officer were consulted on the 29th January 2026 of which no consultation has been received at the time of this report.

• 6.

ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are;

• - Section 18(4) test
• - Character and appearance
• - Neighbouring amenity

6.2 SECTION 18(4) TEST

• 6.2.1 The properties are situated within a Conservation Area, as such it is necessary to test the application under section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works preserve or enhance the Conservation Area.

• 6.2.2 When looking at the appearance of the Conservation Area and whether the proposal would impact this. Generally, the removal of chimney stacks which are a prominent detail within Conservation Areas and they can make an important contribution to the overall character and appearance of a property in relation to the overall streetscene. Whilst this is the case, the properties themselves are not of an architectural standard for the chimneys to be retained. As such the removal of the chimney stacks and the replacement of the dormer with a velux window is unlikely to impact the Conservation Area above and beyond what the existing apartments do.
• 6.2.3 Turning towards the character of the Conservation Area and whether the works would impact this, the site is currently residential and will stay residential as such there will be no impact upon the character of the Conservation Area and in turn the proposal will pass this part of the Section 18(4) test by preserving the Conservation Area.

6.3 CHARACTER AND APPEARANCE

• 6.3.1 For the reasons in sections 6.2.1 to 6.2.3 the proposals are considered acceptable and accordingly, considered acceptable.

6.4 NEIGHBOURING AMENITY

• 6.4.1 The proposed works are deemed not to impact any neighbouring amenity of neighbouring properties and as such deemed acceptable from this point of view.

• 7.

CONCLUSION

7.1 The proposed works are deemed to comply with Section 18(4) of the Town and Country Act (1999), General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan and as such recommended for approval.

- 8. RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

8.1 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).

8.2 Article A10 sets out that the right to appeal is available to:

• applicant (in all cases);
• a Local Authority; Government Department; Manx Utilities; and Manx National

Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.

8.3 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.

8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• any appellant or potential appellant (which includes the applicant);
• the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• in the case of a petition, a single representative.

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 : 05.03.2026 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.