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20/01044/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/01044/B Applicant : J M Project Management Limited Proposal : Installation of air conditioning units and satellite dish to retail unit Site Address : Retail Unit Crosby Meadow Estate Peel Road Crosby Isle Of Man
Principal Planner: Miss S E Corlett Photo Taken : 15.10.2020 Site Visit : 15.10.2020 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 23.11.2020 __
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. The equipment hereby approved must be operated in accordance with the noise emissions data within the Noise Impact Assessment dated 11th November, 2020 prepared by NSL Ltd.
Reason: to ensure that the proposal complies with General Policy 2 and Environment Policy 22 of the Strategic Plan.
This application has been recommended for approval for the following reason. The development is considered to accord with General Policy 2 and Environment Policy 22 of the Strategic Plan.
Plans/Drawings/Information; This decision relates to drawings 16/2576/114A received on 10th August, 2020, insofar as it shows the proposed equipment to be installed: no approval is hereby granted to the building shown in the drawings: 16/2576/111 and 16/2576/600A both received on 10th August, 2020 and the Noise Impact Assessment dated 11th November, 2020 prepared by NSL Ltd. __
Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
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20/01044/B Page 2 of 5
Marown Memorial Playing Fields Association as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. The application proposes the installation of equipment, not the erection of the building and the issues raised relate to enforcement of the approval granted for the building, not to the proposed development. __
Officer’s Report
THE SITE 1.1 The site is a developing estate with retail units located on the south western side of the A1 TT Course within Crosby. The application site defined in red is part of a larger development of 28 houses, most of which are complete or nearing completion and the retail units which sit at the front of the site with parking and landscaping between it and the highway where there is a bus layby and pedestrian crossing, are also nearing external completion.
1.2 The houses are a mix of 7 terraced, two storey units with the remainder being detached, two storey units. The retail units are contained within a larger building with a glazed frontage and slated roof. Car parking is arranged in front of and opposite the building.
1.3 To the side of the retain unit there is a 3m high wall alongside the boundaries of plots 27 and 28: the wall steps down at the rear of the building alongside part of the side boundary of plot 21 to nearer 1.8m and this is plain rendered compared with the higher walling which is finished in stone.
PLANNING HISTORY 2.1 Planning approval was granted for the retail unit under two applications - 18/00339/REM and 17/00852/B. Both schemes proposed essentially the same building but were handed with the former having the commercial vehicle loading and parking area on the south eastern side fo the building and the latter having this between the north western gable of the building and the rear of plots 27 and 28. The development has been implemented under 17/00852/B although there are suggestions that the building has not been erected fully in accordance with the drawings in terms of the areas of glazing and a roller shutter door on the gable. This application was approved on appeal, subject, inter alia to the following conditions:
Reason: To reflect the nature of the planning approval and to control the impact of the development on the surrounding area.
Reason: To ensure that there is sufficient car parking available to serve the commercial unit.
Reason: To protect the character of the area and the living conditions of those in properties in the vicinity.
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Reason: To ensure that all parking and access areas are available for their intended purpose; to preserve the visual appearance of the building; and to ensure that there is no noise nuisance from heating, ventilation or other plant.
Reason: To protect the living conditions of those living in nearby residential property.
Reason: In the interests of highway safety and to ensure that there is sufficient car parking provided to serve the proposed development.
Reason: To protect the living conditions of those living near the site.
Reason: The proposal as approved represents less than 500 sq m of retail floor space which would not require a Retail Impact Assessment (RIA) to demonstrate that it would not have an adverse impact on the viability and vitality of the town centres; any increase in floor area would be in excess of this and no RIA has been provided.
THE PROPOSAL 3.1 Proposed is the installation of a gas cooler, three condensing units and a satellite dish all in the western corner of the site where the loading bay is. These are on the application site side of the wall which surrounds the retail units, separating them from number 21, 27 and 28. The tallest of the installations, the gas cooler is 1.8m high 1.1m by 3.2m in area and the condenser units are 1m high and 3.8m by 800mm; and 600mm high and 1m by 450mm in area. Two of the smaller units are sited on the rear wall of the building and the other which accommodates three condensers in one unit is to be positioned alongside the gable towards the rear of the loading area. The satellite dish is to be fixed at a height of 3m from the ground further along the rear elevation than the condenser units and has a diameter of 600mm.
3.2 The application includes information on the noise levels which will be produced from the proposed equipment stating that the guidance on such emissions states that the refrigeration plant should emit a maximum of 30dB at 10m between 0700hrs and 2300hrs and 27dB at 10m between 2300hrs and 0700hrs. The air conditioning plant in total should emit no more than 40dB at 1m between 0700hrs and 2300hrs. As these levels are relatively low it is anticipated that mitigation will be required.
3.3 It describes the unit as being on Eyremont Terrace (it is opposite this), that the shop will be in a stand-alone unit within a housing development (the shop is one of two units within this building) and correctly notes that the nearest noise sensitive properties are number 27 and 21 which are 8m from the proposed units. Background noise levels were taken as 38-59dB LA90 (15 mins) and 38- 43 between 2300hrs and 0700hrs noting that some of the noise recorded was construction noise and as such they estimate 41dBA as being representative of the daytime background noise level and 38dB at night.
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3.4 They clarify that for a previous project DEFA confirmed that a BS 4142:2014 rating level 5dB below the background level to be an acceptable design criterion. As such, the refrigeration units are not considered to generate noise issues but that the air conditioning plant would.
3.5 On request, the applicant has provided additional information regarding noise levels from the proposed equipment. They explain that the generic advice provided with the application was to enable them to decide which equipment to select which they now have and are able to provide specific noise emission levels. The report, titled Plant Noise Impact Assessment and dates 11th November, 2020 clarifies that the AC plant will be operational only during store opening hours but the refrigeration plant will operate continuously 24 hours a day. The report considers receptors 8m away (plot 27) and plot 21 which is next to the unit. Existing noise levels are 51-79dBLAeq(15 mins) and nighttime (38-56dB LAeq(15mins) although construction noise has affected these measurements. Taking this into account the mean modal and median levels daytime are calculated as 50, 56 and 52 respectively and nighttime 38. They have taken the levels at the nearby receptors as 41dBLA90 and 38 dBLA90. The chosen plant will operate at a cumulative noise emission level of 36, 31, 35 and 28dBLAeq measured at the two receptors day and night, which is an acceptable level of noise emission.
REPRESENTATIONS 4.1 Highway Services have no highway interest in the application (30.09.20).
4.2 Marown Parish Commissioners ask for a deferral until after 21.10.20 (08.10.20). They confirm on 22.10.20 that they have no objection to the application.
4.3 Marown Memorial Playing Fields Ltd who occupy the pavilion to the south east of the site, have no objection to the application but note that the plans show a first floor door which could suggest additional floor space which would be contrary to the original approval. They seek Interested Person Status as they are "immediate neighbours".
4.4 It should be noted that there does appear to be a door on the front elevation at first floor level however, there are no internal stairs and the conditions of the approval were that the development was undertaken in accordance with the drawings, inside and out.
PLANNING POLICY 5.1 The site lies within an area designated as Predominantly Residential on the 1982 Development Plan and the recently adopted Area Plan for the East which comes into effect on 01.12.20.
5.2 The proposal should be considered against General Policy 2 and Environment Policy 22 which provide standards of development and presume against development which has an unacceptable visual or aurally polluting impact.
ASSESSMENT 6.1 The issues in this case are whether the proposed works would have any adverse impact on the character or appearance of the area or the living conditions of those in nearby dwellings.
6.2 Some of the equipment will be visible from the highway and some hidden by the main building. That which will be seen is not attractive but is not uncommon on commercial buildings and can often be seen at the rear or on top of flat roofed commercial buildings, particularly in an urban setting. What is proposed is considered to be acceptable, given that it is within a loading bay and where bins and storage will be undertaken.
6.3 The additional report dated 11.11.20 clarifies that the noise levels from the proposed plant will be suitably low and will not result in unreasonable levels of noise nuisance to those in adjacent properties.
CONCLUSION 7.1 The proposed works are considered to comply with General Policy 2 and Environment Policy 22 of the Strategic Plan.
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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
The following paragraph should be included if relevant (i.e. if representation from another part of DEFA):
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 23.11.2020
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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