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                                                 15/01363/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 15/01363/B Applicant : Continent 8 Technologies PLC Proposal : Installation of three air handling units, transformer and condensers in rear yard of Data Centre (part retrospective) Site Address : Continent 8 House Units 3B, 3C & 3D Middle River Industrial Estate Douglas Isle of Man IM2 1AL

Case Officer : Miss Melissa McKnight Photo Taken :

Site Visit : 14.01.2016 Expected Decision Level : Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE

1.1 The application site is the curtilage of Units 3B, 3C & 3D, a row of single storey industrial building located on the south eastern side of Middle River Industrial Estate, Douglas. The building is currently used as a data centre.

1.2 To the rear of the site is a single storey building that is occupied by an indoor climbing facility. To the north east of the application is a vehicle garage and to the south west of the site is a builder’s yard.

2.0 THE PROPOSAL

2.1 The current planning application seeks approval for the installation of three air conditioning units, one transformer and two cooling condensers in the rear yard of the site.

2.2 There would be three air conditioning handling units and access ladders installed at the rear of the building that would project approximately 9.6 metres from the rear elevation of the building. The units would have a total height of 9.3 metres; 1.6 metres above the ridge line of the application building. The units would operate at no more than 83.9dB(A). One unit has already been installed.

2.3 The would be two cooling condensers that would be sited 400mm from the rear boundary fence, approximately 14.4 metres from the proposed air conditioning units. The cooling condensers would measure 3.4 x 1.1 x 2.4 metres.

2.4 A transformer has also been installed at the rear of the building. The transformer projects 3.5 metres from the rear elevation and would sit adjacent to the cooling condensers. The transformer measures 3.4 x 2.7 x 2.7 metres.

3.0 PLANNING HISTORY

3.1 Most recently, planning approval was granted in 2010 under PA 10/01654/B for the extension of two existing flues that serve existing chillers.

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                                                 15/01363/B
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4.0 PLANNING POLICY

4.1 In terms of local plan policy, the application site is located within an area designated as Light Industrial Use in the Douglas Local Plan Order 1998.

4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is 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: (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; (n) is designed having due regard to best practice in reducing energy consumption."

5.0 REPRESENTATIONS

5.1 Douglas Borough Council has no objection to the current planning application (12/01/2016).

5.2 The Department of Infrastructure Highway Services do not oppose the current planning application (24/12/2015).

6.0 ASSESSMENT

6.1 The fundamental issues to consider in the assessment of this application are the visual impact of the structures and the impact upon the amenity of neighbouring units.

6.2 The application building is located on the south eastern side of Middle River Industrial Estate and is visible from the roadway. Views of the air conditioning units would be attainable from the roadway given that the units would slightly protrude above the ridge line of the application building. There may also be partial views from the Isle of Man Steam Railway line. The air conditioning units would not be visible in their entirety and the condensers and transformers would not be visible at all given their size, siting and screening from existing built development.

6.3 It is not uncommon for such buildings to have air conditioning systems and the units proposed under this scheme reflect the function to which it will be put. Where some buildings can house such equipment on roofs, out of site, this is not an option for this building. It is judged that the proposed positioning is the best available. Whilst the units would be visible from some areas, it is judged that they would not appear as incongruous features on such a building or within a particular locality and therefore would unlikely unduly harm the amenity of the users and visitors of the industrial estate and adjacent footpath.

6.4 It is now imperative to consider the impacts of the noise generated by the system and whether this would cause a nuisance to the other users and business of the industrial estate. The system would operate at no more than 83.9dB(A). This is equivalent to the average sound of a rubbish disposal at 1 metre. Given the location of the application site, the land use designation and the uses of neighbouring buildings, the sound levels produced by the air conditioning units are considered acceptable and would not be judged not to have a harmful or damaging impact on those within the locality.

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                                                 15/01363/B
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6.5 Overall the development is not judged to cause undue harm to public or private amenity of those using and working in nearby buildings to the application site building. The air conditioning units would improve the health and safety of the workers and would provide a working facility with acceptable air conditioning.

7.0 RECOMMENDATION

7.1 It is concluded that the planning application accords with the provisions set out in General Policy 2 of the Isle of Man Strategic Plan 2007 and as such is recommended for approval.

8.0 PARTY STATUS

8.1 By virtue of the Town and Country Planning (Control of Advertisements) Regulations 2013, the following persons are automatically interested persons:

(a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Persons to whom notice has been given under regulation 10(3)(a)(i) (d) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material, in this case the Department of Infrastructure Highway Services; and (h) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 18.01.2016

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

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This approval relates to drawings 1300413-HL-XX-EX-00-SP-U-900-0001 Revision P1, 1300413-HL- XX-EX-00-SP-U-900-0002 Revision P1and 1300413-HL-XX-EX-00-SP-U-900-0003 Revision P1date stamped as received 17th December 2015.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted

Date: 18.01.2016

Determining officer

Signed : S CORLETT Sarah Corlett

Senior Planning Officer

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.