DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00633/B Applicant: Kingdom Hall Of Jehovahs Witnesses Proposal: Installation of two exterior lights (retrospective) Site Address: Kingdom Hall Belmont Hill Douglas Isle Of Man IM1 4NT Planning Officer: Mr Paul Visigah Site Visit: 15.06.2023 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 13.07.2023

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. All external lighting proposed within the scheme shall be installed in accordance with the specifications and locations set out in the Light Details and Site Plan showing light positions, submitted as part of the application. No other external lighting shall be installed without prior express consent from the Department.

Reason: In the interests of protecting and enhancing the biodiversity of the environment. This application has been recommended for approval for the following reason.

Overall, the proposal would not unacceptably harm the characteristics of the site or the character of its surroundings. The proposed development is also not considered to result in a significant adverse impact upon the adjacent registered tree areas and adjoining highway, and there would be no adverse impact on neighbouring amenity. The proposal therefore complies with General Policy 2, Environment Policy 22 and Strategic Policy 4 of the IOM Strategic Plan 2016.

Plans/Drawings/Information; This decision relates to the document and plans received 16 May 2023. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is the curtilage of Kingdom Hall, Belmont Hill, Douglas, situated on the northern side of Peel Road as you approach the junction between Hills Meadow Industrial Estate and Peel form Douglas Town Centre. - 1.2 The site which sits at the junction between Belmont Hill and Peel Road has its entire boundary enclosed in mature landscaping, with the only clear break along this mature landscaping on site serving the access to the site. There are two parking areas within the site; a smaller car park in front of the building and by the access, and a larger car park situated at the rear of the building (north elevation). - 1.3 To the north of the site is a car park associated with the Former Nobles Hospital Site Westmoreland Road, while a Registered Tree Area forms the entire eastern boundary, only separated by a public footpath which connects Peel Road to Hillside Avenue and Ballakermeen Road. A registered tree area and some residential properties along Belmont Road form the western boundary of the site.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for Installation of two exterior lights (retrospective) in the car parking area situated south of the existing building on site. One of the lights would be positioned near the entrance and west of the driveway, while the other light would be installed just east of the car park and about 8m southeast of the building on site. - 2.2 The Light fitting Details:

• a. Both lights would look into the site, towards the car park and away from the surrounding vegetation.
• b. The proposed light fitting would be 4.6m tall, have a pole with of 76mm (shaft) with 0.8m ground root.
• c. The lights would automatically turn on Tuesdays and Thursdays at 6pm and turn off at 10pm. There would be occasional usage for special events outside these times but these would be rare.
• d. The proposed lightings would be Tamlite Lighting (Explorer RL High Efficiency LED Road Lantern). EXPRL105NW having 61W-4000k rating, 6600Lumens, Total Power 61W, Efficacy 108 (lm/W) and weight 5.9kg.

3.0 PLANNING POLICY - 3.1 The application site is within an area designated as Buildings or Land for Civic, Cultural or Other Use on the Area Plan for the East Map 4 (Douglas). The site is not within a Conservation Area, although it is considered to have high likelihood of surface water flooding. There site is not within a Registered tree area and there are no registered trees on site, but the site adjoins registered tree areas to the west and eastern boundaries. - 3.2 Within the adopted Isle of Man Strategic Plan 2016, the following policies are considered to be relevant in the determination of this application: - 3.3 General Policy 2 (GP2) (in part) 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:

• (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; (g) does not affect adversely the amenity of local residents or the character of the locality; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding

3.4 Environment Policy 22 (in part) Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: iii) vibration, odour, noise or light pollution.

• 3.4.1 Paragraph 7.17.2: In addition to the above, changes in the activities associated with the current permitted use of land or a building, which in themselves do not constitute development and therefore do not require planning permission, can have an adverse impact on adjacent properties by virtue of noise, light or general disturbance. For example the addition of security lighting on a property may cause light pollution affecting adjacent properties and the wider area. The introduction of new activities into established parks and recreation areas can have an impact on neighbours. In such cases the Department would advocate the person or organisation considering the change to give careful consideration to the potential impact of such activity in terms of location, siting and design.

3.5 Environment Policy 23: When considering alterations and improvements to existing facilities the Department will require that consideration be given to the potential adverse impact of the proposed changes to existing neighbours. - 3.6 Strategic Policy 4 (In part): Proposals for development must:

• (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and
• (c) not cause or lead to unacceptable environmental pollution or disturbance.

- 4.0 PLANNING HISTORY

4.1 The application site has been the subject of 7 previous planning applications none of which are considered to be particularly relevant in the determination of the current application. - 5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that there is 'No Highway Interest' in the letter dated 26 May 2023.

5.2 Douglas Borough Council have no objection to the application (6 June 2023). - 5.3 DEFA Ecosystem Policy Team have made the following comments regarding the proposal (13 July 2023):

• o The Ecosystem Policy Team states that provided the lighting is installed as is detailed in the documents titled Light Detail, and Pole Detail and Beam Angle Drawings, they no objection to the lighting from a wildlife perspective.
• o They note that the lighting is LED, hooded to reduce light spill, and is positioned facing into the site and away from the boundary features such as woodland and trees.
• o They note that the lighting is also to be on a timer which would also be another of their recommendations.

• o They note that the Explorer RL lighting is supplied with a neutral white (4000k) LED, but there is an option for warm white (3000K) LED and it would also be our recommendation that this warm white LED is used as it is less impactful on bats which are very likely to be using the boundary features for feeding and commuting.

5.4 No comments have been received from neighbouring properties.

- 6.0 ASSESSMENT

6.1 The key issues to be considered with the current application are:

• i. Whether the proposed works would have an adverse impact upon the visual amenities of the application site and area (GP2); and
• ii. Whether there would be any adverse impacts on biodiversity (STP 4 & EP 22).

6.2 There would be no adverse impacts on neighbouring amenity, given that the lights would look away from the neighbouring properties (those situated to the west such as Villa Belmont, Highfield and Reayrt-Ny-Howe, situated along Belmont Road. It is also considered that the existing mature landscaping on the boundaries would ensure no light pollution filters into the rear gardens of these neighbouring properties. - 6.3 Visual Impacts

• 6.3.1 In assessing the visual impacts of the proposed works, it is considered that the external lighting proposed would promote observation, and give the building and site area which has significant mature landscaping on its boundary an added dimension in order to enhance its architectural and landscape elements, in addition to enhancing the night-time use of the surrounding spaces. Besides, lighting schemes can become an extension to the architecture, improving the quality of the view and subsequently improving the appearance of the area.
• 6.3.2 Additionally, it is important to ensure that the lighting features are not obtrusive and detract from the appearance of the building or spill over onto adjoining buildings resulting in adverse impacts. In this case, the physical lighting are well placed and would largely remain as minor additions to the site area; thus limiting any impacts on the abutting highway or street scene (being contained within the site which has boundary walls and mature landscaping forming its boundary treatment). The proposal is therefore considered to comply with General Policy 2.

6.4 Impacts on Ecology

• 6.4.1 In terms of impacts on ecology, it is considered that the proposal has the potential to impact on biodiversity, particularly as the site adjoins registered tree area. However, the lights would look inwards of the site area and away from the registered tree areas which hold the potential to house sensitive biota.
• 6.4.2 The proposed lighting system would also have very limited use as they would only be on two days of the week (and accessional uses when special events are held within the property) and for very limited operational hours. Thus, it is considered that this element of the scheme would serve to diminish any concerns in terms of impacts from a wildlife perspective.
• 6.4.3 The scheme has also been reviewed by the Biodiversity Team who note that the scheme would be acceptable in terms of impacts on ecology. Accordingly, it is considered that the proposal would accord with the requirements of Strategic Policy 4 (b & c), General Policy 2

• (d) and Environment Policy 22 (iii) of the Strategic Plan.

- 7.0 CONCLUSION

7.1 The works will not result in adverse impact on the application property, street scene, adjoining highway and surrounding registered tree areas. The application is, therefore, considered to accord with General Policy 2, Strategic Policy 4 (b & c), and Environment Policy 22 of the Strategic Plan, and is supported.

- 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:

• (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 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. 8.2 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 in Article 4(2) who should be given Interested Person Status.

I can confirm that this decision has been made by a Principal Planner 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: 14.07.2023 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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