DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00428/B Applicant: Synapse 360 Proposal: Install six exterior lights to illuminate the building with the ability to change the colours of the lights for specific events; in general, the lighting will be green in colour Site Address: Greenhill Data Centre Isle Of Man Business Park Douglas Isle Of Man IM2 2QZ Planning Officer: Mr Paul Visigah Site Visit: 27.06.2023 Recommended Decision: Permitted Date of Recommendation: 17.08.2023

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. 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 the character of the site and surrounding streetscape.

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

Overall, the proposal would not unacceptably harm the characteristic of the site nor the character of its surroundings. The proposed development is also not considered to result in a significant adverse impact upon the 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 13 April 2023.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is the curtilage of the Greenhill Centre - Manx Telecom's telecommunications operating centre which comprises a garage facility for the company, storage, engineering centre and more recently a business continuity centre, providing back up facilities for local businesses. The site is 3.5 acres (1.4ha) and whilst within the Business Park, the site is not overly landscaped and is characterised by a large building sitting in the centre of the site within a large car park. There is a yard at the rear where vehicles are serviced and stored. - 1.2 Access into the site is from the north to the service yard and also from the main Business Park spine road at the south. - 1.3 Immediately to the northwest of the site is Ballacottier Primary School. To the south east is the Douglas Corporation operational centre accommodating refuse vehicle storage and servicing and supporting offices and storage. To the west is the Red Cross and Restart training facilities and to the north is a series of industrial units contained in one building. Also owned by the applicant is Manx Telecom's headquarters which lies to the west alongside the estate spine road. - 1.4 Planning permission has been granted for changes to the use of the site which has seen the operating centre become more focused upon web hosting with less space dedicated to the maintenance of vehicles and the actual telephony operation.

2.0 THE PROPOSAL - 2.1 Planning approval is sought to install six exterior lights to illuminate the building with the ability to change the colours of the lights for specific events; in general, the lighting will be green in colour. These lights which are a form of ground lighting would be positioned at the southwest side of the main building on site, and at the edge of the car park at this side of the site. - 2.2 The Light fitting Details:

• a. The lights would be focused on the building and away from the surrounding buildings.
• b. These lights which would be affixed to the ground would have adjustable angles with ability to change light colours, although the lights illuminated would be would largely green.
• c. The proposed lightings would be CCT Settable Lighting (GX35 LED Lamps) having 3W to 10W -3000 - 6000k rating, with 350 - 1200 Lumens, and weight between 13.9kg to 16kg.
• d. The light brochure shows that the lights are made of shockproof resin material, UV rays stabilized, rust and corrosion free. The lights are insulation Class 2 with Protection rating IP66.

2.3 The applicants have stated on the application form that the lights are to illuminate the building with the ability to change the colours of the lights for specific events such as Cancer support. These lights would be viewable as you enter the site from the site entrance.

- 3.0 PLANNING POLICY

3.1 The site is designated as 'Industrial Use' on the Area Plan for the East (Map 4 Douglas), and the site is not within a Conservation Area. The site is broadly not prone to flood risks although there is a strip on the northern side of the building which is prone to high surface water flood risks. There are no registered trees on site and the site is not within a

• registered tree area. There is, however, an area of mature landscaping at the eastern tip of the site, just southeast of the Ballacottier Primary School compound.
• 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: (c) not cause or lead to unacceptable environmental pollution or disturbance.

4.0 PLANNING HISTORY - 4.1 The site has been the subject of seven (7) previous planning applications one of which is considered to be materially relevant in the assessment and determination of the current application. - 4.2 Planning approval was granted for replacement of existing non-illuminated signage with new led illuminated signage at site entrance under PA 23/00121/D. The illuminated signage at the site entrance is situated adjacent to the proposed light location about 35m away.

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 28 April 2023. - 5.2 Braddan Parish Commissioners indicate that they have no objection to the application (23 April 2023). - 5.3 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 environmental impacts (STP 4 & EP 22).

- 6.2 VISUAL IMPACTS

• 6.2.1 In assessing the impacts of the proposed lighting scheme on the front facade of the building from the streetscape and as you approach the building, it is considered that the proposed lighting would fit in well with the modern appearance of the building and structure of the site layout, as well as other lighting schemes within the industrial area which utilise modern LED lighting technology that is more energy efficient, have longer operational life and is controllable to allow the design of lighting to focus on where it is needed and also colour change for events.
• 6.2.2 Granting the proposal is more orientated towards feature lighting of the building through upward lighting, it would help illuminate the area in the hours of darkness with a glow rather than a direct light and would not be in competition with the existing street lighting, given its chosen illumination which would be green and distinguishable form the surrounding street lights.
• 6.2.3 The use of the proposed lighting fixtures would also provide a positive visual impact arising from the lighting which would remain distinctive within the immediate street scape, and would therefore very likely enhance the character and appearance of this part of the Business Park.

6.3 Environmental Impacts

• 6.3.1 In terms of potential environmental impacts, it is considered that the proposal has the potential to impact on biodiversity, particularly those inhabiting existing rare mature shrub areas in the vicinity of the existing building. However, the lights would look inwards of the site area and away from the mature landscape areas on the site boundary which hold the potential to house sensitive biota.
• 6.3.2 The proposed lighting system which would be green in colour is also such that would not be particularly disruptive as green lights, like amber lights are more benign and less disruptive to biota. The distance of the lights to the existing mature landscape areas are at the closest about 30m from these landscape features, and look away from them; a condition that would serve to diminish any concerns in terms of impacts from a wildlife perspective.
• 6.3.3 It is, however, worth noting that there are no ecological sites within close proximity with the surrounding area largely built up, with outdoor industrial lighting also a common feature of the area. 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. 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 above who should be given Interested Person Status.

I can confirm that this decision has been made by the Acting 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

Decision Made : Permitted Date : 30.08.2023 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

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