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The application site comprises of a two storey office building which is situated to the south side of the junction of Victoria Road and Little Switzerland. To north east of the application site is the public highway of Little Switzerland and on the opposite side of the road are the residential properties of Kent Lodge, Kantara, Glencairn and Clovelly Cottage. To the north west of the application site is the public highway of Victoria Road. The application site is located within an area zoned as predominantly offices in the Douglas Local Plan.
This application is seeking planning permission to install a stand by generator together with additional hard standing to accommodate new oil tank and relocated bin storage area.
The standby generator will be approximately 8.8m length x 1.8m wide X 2.75m high including silencers.
Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 2, Environment Policies 22 and 36.
Environment Policy 22 states that “Development will not be permitted where it would unacceptably harm the environment and/or amenity or nearby properties in terms of: i) pollution of sea, surface water or groundwater ii) emission of airborne pollutants; and iii) vibration, odour, noise or light pollution.
Environment Policy 36 states that “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.”
The following previous applications are considered relevant in the consideration of this application:
95/00343/B - Replacement of windows and doors – granted 06.07.1995
Highways Division of the Department of Transport have not commented on the application. Douglas Corporation does not object to the application. Drainage Department of Douglas Corporation does not object to the application.
The Senior Forester within the Department of Agriculture, Fisheries and Forestry is concerned about the close proximity of the works in relation to the boundary trees.
The occupiers of Kent Lodge are concerned about noise and vibration from the generation. Furthermore, it would be like placing an extra radiation hazard for all concerned. They are also concerned about the conservation problem.
The occupiers of "Glencairn", Little Switzerland have objected on the following grounds: noise disturbance; the proposal breaches the established building line and damage to trees.
The occupiers of Kantara, Little Switzerland have objected on the following grounds: noise disturbance and the proposal breaches the established building line.
The occupiers of Highcliff, Little Switzerland have objected on the following grounds: noise disturbance and damage to trees.
The occupiers of Ruskinville, Little Switzerland have objected on the following grounds: noise disturbance.
The occupiers of Clovelly Cottage, Little Switzerland have objected on the following grounds: noise disturbance; impact on the Conservation Area and damage to trees.
Mrs Cannell MHK objects to the application on the following grounds: noise disturbance; damage to trees; concerned about huge vehicles having to deliver and collect refuse, all within close proximity to the residential area in Little Switzerland.
Mr Braidwood MHK objects to the application on the following grounds: an emergency generator is inappropriate in a residential area; the size of the proposed structure is incongruous to the residential area; concerned about the noise from the generator; the position of the generator will impact on the surrounding trees.
The principal issues in assessing this application are a) Impact on trees, b) Visual amenity and c) Impact on the surrounding residential properties. The following paragraphs deal with these issues in the above order.
The Senior Forester of the Department of Agriculture, Fisheries and Forestry has met the agents regarding his concerns about the closeness of the works to the boundary trees. The agent has submitted revised plans to minimise the risk to the existing trees. The Senior Forester has indicated that he is content with the revised plans.
Any views of proposed development are generally obscured by wall and tree screening along the boundary of Little Switzerland; however, there are partially views into the site at the eastern corner of the site, which the structures will be partially visible. The structures will be colour coated to blend with the surrounding trees and shrubs. It is considered the proposal will not adversely affect the visual amenities of the street scene and nor will it adversely affect the character and appearance of the adjoining Conservation Area.
The main issue here is whether the proposal will be a noise nuisance to the residents of Little Switzerland. The applicant’s agent has consulted with Environmental Health prior to the submission of this application to determine with the proposal will cause any disturbance. Environmental Health have indicated that “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) and LAeq, 5 min 35 dB night-time (2300-0700) at the façade of any noise sensitive premises.”
The Environmental Health Officer anticipates no disturbance from plant noise to any noise sensitive premises further than 10m away from the Standby Generator. It should be noted that the nearest dwelling is at Ruskinville which is set approximately 50m away from the proposed generator.
It is considered that the proposed development will not be a nuisance subject to a condition relating to the noise level to be emitted.
It is recommended that planning permission be granted subject to conditions in the attached schedule.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
Whilst the Isle of Man Fire and Rescue Service represents a statutory authority, the points raised in correspondence relate to Building Control matters and not planning and as such should not be afforded party status in this instance.
The Forestry Division of the Department of Agriculture, Fisheries and Forestry have commented on planning matters and as such should be afforded party status.
The occupiers of Glencairn, Kanatara, Highcliff, Ruskinville and Clovelly Cottage have commented on planning matters, in particular noise disturbance from the standby generator, and as such should be afforded party status as these occupiers live in close proximity to the proposal.
In summary, 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:
Recommended Decision: Permitted
Date of Recommendation: 10.03.2008
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1.
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2.
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
C 3.
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.
N 1.
The applicant is advised that the Drainage Department of Douglas Corporation have indicated that all surface water from the proposed additional hardstanding area must be conveyed to the existing surface water drainage system serving the above property.
Furthermore, details of the above drainage layout must be provided to the Drainage Department for approval prior to construction.
I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date : 14/3/08
Signed : _________________________ Mrs F Mullen Senior Planning Officer
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