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The application site represents the curtilage of Spectrum Apartments on the Central Promenade in Douglas. The apartments face south east over Douglas Beach and is bordered by Empress Hotel (south west), Castle Terrace (north west) and Castle Mona Avenue (west) to the rear.
This retrospective planning application is seeking approval for alterations to the approved terraces (Apartments 15, 16, &17) and planter to allow for a basement car park ventilation system. The proposed alterations would be located at the rear of the apartments, at ground floor level and facing onto Castle Mona Avenue.
The application site is within an area of "Mixed Use" under the Douglas South Local Plan, which was adopted by Tynwald in 1998. The Isle of Man Strategic Plan 2007 contains two policies which are considered specifically material to the assessment of this current planning application - General Policy 2 states: "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:
Environment Policy 22 states: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution.
The following previous planning applications should be considered relevant in the assessment and determination of this application:
PA 04/00501/B - Demolition of existing buildings (with the exception of the cinema façade) and the erection of building comprising 164 Apartments with associated basement car parking and landscaping - Approved at Appeal
PA 06/01467/B - Creation of underground electricity substation and meter room and re arrangement of internal parking areas (amendment to PA 04/00501) - Permitted
PA 07/00627/B - Balcony and apartment alterations to approve PA 04/00501, PA 04/01214 \& PA 06/01467 (In association with 07/00628/CON) - Permitted
PA 07/01615/B - Amendments to previously approved scheme comprising alterations to Castle Mona Avenue façade- Permitted
The Department of Transport Highways Division have not commented on the development. The Douglas Corporation has no objection with the proposal. A relative of the owner and / or occupier of Flat 4, Esplanade Court, Esplanade Lane, Douglas (Mr Adrian North) has objected to the existing car park ventilation system. There are concerns regarding the increased noise levels and poisonous gasses emitted at ground floor level to several private residences. The vent (in full capacity) is directly facing onto Castle Mona Avenue at pavement level and during little or no wind there would be health hazards to residents. The question was raised why planning permission is only being sought now when the vent is already in place (the application states nowhere that it is retrospective).
The owners and / or occupiers of 89 Castle Mona Avenue, Douglas has objected to the existing ventilation system for the car park. With their property located opposite the apartment block (20 meters away) the fans blow the extracted car fumes directly across the pavement at a height from pavement level to about 1.5 m . The force of the extraction easily be felt on the opposite pavement which would be against public health (the applicant says they have contacted environmental health regarding this matter). This area is occupied by children playing. The noise from these fans is a nuisance and will be especially when windows are open during the summer months, which is a fact.
Simon Renton from Environmental Health has accessed the ventilation system and his report has come to the conclusion that the ventilation system is acceptable subject to condition. The air quality except in the case of a car fire, the fumes are not likely to be any more significant than existing fumes from traffic on Castle Mona Avenue. The noise level from the ventilation system found currently as likely to constitute a nuisance to the nearest local residents, particularly at night. However this may be due to current malfunction of the vent system and could be significantly reduced through changing the operational controls and carrying out some maintenance. It may also be necessary to fit an acoustic grille to reduce noise limit criteria of 43 dB LAeq, 5 min at night.
When assessing the existing ventilation system it should be considered whether it affects the health of the surrounding properties at Castle Mona Avenue and the future occupiers of Spectrum Apartments.
Environmental health undertook a survey of the site and came to the conclusion that the air quality emanating from the ventilation system would not likely to be any more significant than from fumes from traffic flows a long Castle Mona Avenue. As such, it is considered that there would be no poisonous gasses affecting the health of the local residents.
The noise from the fans is considered to be a nuisance by the neighbouring property and if the vents were to be serviced and maintained the noise would be significantly reduced, which will be addressed through condition.
Further in response to the comments received from the third party and after a site visit, it was viewed that the force of the extraction could not be felt on the opposite pavement and would not be detrimental to public health as accessed by Environmental Health.
For these reasons the proposal is considered acceptable and it is recommended that the planning application be permitted.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
The Department of Transport Highways Division Douglas Corporation The owners and / or occupiers of 89 Castle Mona Avenue, Douglas Environmental Protection Unit - Simon Renton Accordingly the following parties, that made representations, do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
The owner and / or occupier of Flat 4, Esplanade Court, Esplanade Lane, Douglas
Recommended Decision: Permitted
Date of Recommendation: 01.06.2009
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to the submitted drawing 330 received on 19th March, 2009. C 3. The rating level of the noise emitted from the car park ventilation system at the Spectrum Apartments shall not exceed LAeq, 1 hour 48 dB daytime ( ) and LAeq, 5 min 43 dB night-time ( ) when measured at the façade of any noise sensitive premises.
Note: The measures shall be made according to BS 4142:1997.
I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made : Permitted Date : 26/6/9
Signed : ______________________________ Senior Planning Officer
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