17 March 2008 · Minister for Local Government and the Environment
First Names Management Ltd, First Names House, Victoria Road, Douglas, Isle Of Man, IM2 4df
The proposal involves placing a large standby generator, measuring approximately 8.8m long, 1.8m wide and 2.75m high including silencers, on hardstanding near the boundary with residential Little Switzerland, along with a new oil tank and relocated bin store.
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The officer assessed principal issues of tree impact, visual amenity and residential amenity. Tree concerns from Senior Forester were addressed by revised plans minimising risk to boundary trees, with…
General Policy 2
General Policy 2 requires development to respect amenity and environment. Officer assessed proposal against this implicitly through detailed evaluation of noise, visual and tree impacts, finding compliance post-revisions and conditions.
Environment Policy 22
ENV22 prohibits development unacceptably harming amenity via noise, vibration etc. Officer applied this to residential noise concerns, confirming no nuisance at 50m separation with conditioned limits from Environmental Health assessment; tree risks minimised.
Environment Policy 36
ENV36 protects views to/from nearby Conservation Areas. Officer noted partial visibility at site corner but no detrimental effect due to screening and blending colours; structures not adversely impacting character/appearance.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This permission relates to the installation of a standby generator with additional hardstanding to accommodate a new oil tank and relocated bin store as shown in drawing numbers 06-S028-01 Rev D and 06-S028-02 Rev D date stamped 5th March 2008, 06-S028-05 Rev F date stamped 7th January 2008, 06-S028-04 Rev A date stamped 11th October 2007, photographs dated 4th October 2007, Letter from Steven Morley Chartered Surveyors dated 3rd January 2008.
Noise limits
The rating level of the noise emitted from the plant or machinery at the site shall not exceed LAeq, 1 hour 45 dB daytime (0700-2300hrs) and LAeq, 5 min 35 dB night-time (2300-0700hrs) at the facade of any noise sensitive premises. The measurement shall be made according to BS4142:1997.
Plinth and screen fence details
No development shall be begun until details of the plinth or hardstanding and of the screen fence have been submitted to the planning authority for approval and approved in writing. The development shall not be carried out other than in accordance with the approved details.
Landscaping scheme
No development shall be begun until details of a landscape scheme including the planting of additional shrubs along the boundary with Little Switzerland have been submitted to the planning authority for approval and approved in writing. The approved scheme shall be implemented.
Emergency use only
The generator shall not be operated other than as an emergency standby generator to supply electricity to the offices at Clerical Medical House in the event of the failure of normal power supply, or for testing, maintenance or rehearsal exercise purposes.
Testing hours
The generator shall not be operated for testing, maintenance or for rehearsal exercise purposes outside the hours of 0730-1800 on Mondays to Fridays inclusive and 0800-1300 on Saturdays.
no objection
no objection
no comment
Environmental Protection Unit provided conditional no objection recommending strict noise limits measured to BS 4142:1997; Douglas Corporation had no objection; tree officer objected due to potential damage to mature lime trees; public representations including MHKs objected on noise, tree damage, and amenity grounds.
Key concern: significant damage to mature lime trees from construction within rooting zone
Environmental Protection Unit
Conditional No ObjectionTo prevent the likelihood of any noise disturbance I would recommend noise levels do not exceed existing background noise levels; I would anticipate no disturbance from plant noise to any noise-sensitive premises further than 10m away from the Standby Generator
Conditions requested: The rating level of the noise emitted from the plant or machinery at the site in question shall not exceed LAeq, 1 hour 45 dB daytime (0700 – 2300 hrs) and LAeq, 5 min 35 dB night-time (2300 – 0700 hrs) at the façade of any noise sensitive premises; Measurements shall be made according to BS 4142:1997
Douglas Corporation
No ObjectionDouglas Corporation have no objection to the proposals listed below
Forestry, Amenity and Lands Division
ObjectionIf the work is approved and proceeds as planned there is likely to be significant damage caused to the trees and some may die as a result
Conditions requested: development should proceed in line with the recommendations contained in BS 5837 'Trees in relation to construction'; no mechanical excavation, root severance or compaction or the use of toxic materials in the rooting zone; Exclusion barriers should be erected between the trees to be retained and the fence, at the maximum possible distance from the trees; no activity of any kind permitted on the tree side of the barrier whatsoever
Planning permission was granted for installation of a standby generator with enclosure, additional hard standing, new oil tank, and relocated bin storage at Clerical Medical House (application 07/01897/B). Appellants (local residents including Mr B T Stanley, Mrs J Stanley, Mr H C Magee, and others) appealed on grounds of noise disturbance (lacking full assessment, flawed calculations, cumulative with existing noises), adverse visual impact near Little Switzerland Conservation Area, potential tree damage, breach of building line, and availability of alternative sites. The applicant (CMI Financial Management Services Ltd, agent Steven Morley) argued minimal infrequent use, acoustic enclosure, screening by trees/fence/wall, and no tree harm per DAFF. The inspector assessed visual impact as acceptable (partial screening, not affecting important views under Environment Policy 36) and noise as not unacceptable given standby/emergency use only (rare operation, conditions to control), dismissing appellants' assumptions of frequent use; appeals were dismissed, original conditions confirmed plus new ones on details, landscaping, operation limits.
Precedent Value
Infrequent emergency/standby equipment acceptable in sensitive areas if conditions tightly control use/testing hours and details, even near Conservation Areas; full prior noise assessments less critical than operational limits when use is rare; appellants must evidence alternatives beyond assertion.
Inspector: Graham F Self MA MSc(Eng) FRTPI
