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Application No.: 16/00307/B Applicant: Marco Leonetti Proposal: Installation of two air conditioning condenser units on east elevation together with protective guard rails Site Address: 16 - 20 Port Jack Onchan Isle Of Man IM2 2JJ Case Officer : Mr Jason Singleton Photo Taken: 28.04.2016 Site Visit: 28.04.2016 Expected Decision Level: Officer Delegation
Officer’s Report APPLICATION SITE
1.1 The application site is the curtilage of no's 16-20 Royal Avenue, Port Jack, Onchan. The property is split level with a hair dressing and beauty treatment room on the ground floor, directly above are 3 apartments/flats. These residential properties are accessed from Royal Avenue West to the rear. To the northeast of the application site is a public footpath that ramps down from the upper part of Royal Avenue West onto Royal Avenue. - 1.2 The building occupies a corner plot and is linear in appearance with two angular bay windows on the upper front elevation and two patio doors with balconies overhang the pavement below. The building's appearance would suggest there are three individual properties that make up the upper floor. The ground floor reflects the proportional unit split as seen above and is reflected with the array and regularity of glazing which makes up the façade of the front elevation or shop front with separate entrance doors. - 1.3 To the northeast, is a public footpath, the applicant notes the footpath is not an adopted highway. On this elevation the footpath connects to lower to the upper part of the highway. The angle of the path could be considered steep and is considerably wide. On the building's north east elevation there are two windows facing out over the path. It is understood these windows serve a bedroom and a (yet to be determined). - 1.4 The salon is under new ownership and it is understood the new owner has undertaken extensive structural repairs to the building with internal remodelling to update the interior. THE PROPOSAL
2.1 This application proposes the installation of two air-conditioning (AC) condenser units on the northeast elevation together with protective guard rails. The use of the units corresponds to the heating/cooling of the treatment rooms and of the salon. The proposed position of the units would be towards the north east corner of the building adjacent to the existing boiler flue. The units would be installed vertically, with one above the other and the lowest part of the unit would sit 500mm above the highest part of the footpath and 700mm at the lowest. - 2.2 Technically, the two condenser units are of different sizes, one would measure; 735mm High x 936mm Wide x 300mm deep; the second unit would measure; 770mm High x 900mm Wide x 320mm Deep. Both units have a Noise Rating level of maximum 48dba (decibels) when measured at 1 metre from the centre of the fan discharge. Both the units are inverter driven and the design of the set up would ensure their use would regularly operate well below the maximum output, thus at a much reduced noise level and less frequent.
2.3 The setup is designed so the AC units are only in use when the treatment rooms or salon requires the cooling function; heating to the building is from a normal domestic boiler. Due to the nature of the business and the volume of glazing which faces east some method of cooling to the work space was required. The applicant's agent notes the enhanced air handling is required to maintain an acceptable working environment within the premises. The proposed location of the condenser units is drawn from necessity as, due to the ownership, the only external wall available (other than the front elevation) is on the north east elevation, which, the agents comment, would be least visually obtrusive in relation to the wider street scene. - 2.4 A site visit was carried out on 28th April 2016 with a view to familiarisation with the site and surroundings. The unadopted footpath adjacent to the building where the condenser units are proposing to be installed measured approximately 5.5m wide, further up the path this narrows to 3m and the entrance of Royal Avenue West was 2.0m. PLANNING HISTORY
3.1 This application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application. DEVELOPMENT PLAN POLICIES - 4.1 In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Onchan Local Plan.
4.2 The Isle of Man Strategic Plan 2007 contains two policies which are 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:
4.3 Environment Policy 22 states: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:
REPRESENTATIONS
5.1 Onchan District Commissioners recommend the application be refused on the grounds that "The proposals would adversely impact on the appearance of the area and have a detrimental effect on the flow of pedestrian traffic along the footpath". (05/04/16)
However the minutes of the meeting on the 4th April note, "members expressed concern over the condenser unit overhanging the footpath", the main reason for refusal was noted as; "due to the air conditioning condenser unit overhanging a public footpath and that the barrier would be moved to narrow the footpath".
Following a site meeting to discuss the application between the applicant and the commissioners, the District surveyor has written to confirm the Commissioners held a board meeting on the 23rd May and reconsidered the application and now wish to withdraw their initial objection to the proposal (25/05/16).
5.2 Highways services do not object (22.03.2016) - 5.3 A resident from No.4 Royal Avenue West, Onchan has raised concerns regarding the proposal as he is immediately above no's 16-17 of the salon below. They note their bedroom
window would be approximately 1.5m above the proposed AC units. Other concerns are regarding the position of them being vertically installed, instead of installed horizontally; the main concern would be the possibility of fan noise and vibration from the units; and a reservation about the airquality or pollution problems which may occur from the proposal. His comments were received on 7th April 2016
6.1 The fundamental issues to consider in the assessment of this current planning application are first (i) whether the proposal would have a significant impact upon the character and appearance of the street scene/property and secondly (ii) does the proposal have a significant impact upon neighbouring residential living conditions, namely 'No.4 Royal Avenue West' which is immediately above the application site. The extent to which the AC units would affect pedestrian flow on the public footpath also needs consideration.
6.2 The proposal would be mounted against the property wall on specialist anti-vibration brackets from the manufacturer and would protrude some 500mm into the foot path and sit 500mm above the ground level, meaning there would be no danger of a person walking underneath the units. They could, of course, accidentally walk into them, but the footpath in question is by no means narrow or restrictive for access, particularly at the bottom adjacent to the application site where it measurers 5.5m wide. The repositioning of the central guard rails would not be considered to impede pedestrian access and would continue to serve the same purpose as they do at present, albeit in a different position. It is noted that Highways Services do not object to the proposal. It is therefore considered that to object to the proposal on grounds of its impacting on pedestrian movements would be difficult to sustain. - 6.3 Reflecting on the Commissioners' comments from the meeting and their written correspondence, it is noted they were not opposed to the operational use of the AC units, but more their appearance and impact on the footpath. A conversation between the case officer and Mr Price (District Surveyor) of Onchan Commissioners on 28/04/16 clarified the Commissioners' concerns and remained open to suggestions. Following a site meeting between the applicant and the commissioners they have withdrawn their original objection. - 6.4 It is understood from the agents that the proposed positioning of the A/C units was to take into account their appearance on the building and installing the units vertically would be neater and less obstructive. The agent commented that if they were installed horizontally, due to the angle of the footpath, they would be physically closer to the bedroom window of the upstairs apartment and would be staggered in appearance. - 6.5 In the first instance it is noted that there is an existing - albeit much smaller extractor fan here and flue from the boiler. The new units would be located adjacent this. It is therefore possible to balance the impact of the new units against the existing situation. It is also noted that, while the units would be visible from two particular and somewhat sensitive and well-used locations (outlined below), they are proposed to be set on a building that, while itself fairly prominent, could not be said to be of any particular architectural merit. - 6.6 It should also be noted that, if the AC units are indeed as essential as they appear to be, this elevation is the only reasonable and possible location for them. The agents have explained that owing to the multiple ownership of the building there is no possibility of siting the units anywhere else; while they could possibly be sited in a different position on the elevation this would not affect the fact that they would still be present on that elevation. (The positioning is also important in the consideration of their impact on neighbouring living conditions, discussed below.) - 6.7 All that being said, the fact that a proposal can only be approached in one way does not automatically make it acceptable.
6.8 In terms of the resulting visual impact, when looking at the building as a whole the units would not be apparent when travelling up past Port Jack stores. They would be most noticeable when approaching the northeast corner when travelling down Royal Avenue; due to the existence and angle of other buildings in the area, the units would probably only be seen from here, and they would be almost completely obscured from view on Royal Terrace and fully obscured from King Edward Road. - 6.9 AC units are becoming a common addition to commercial and residential properties as part of energy efficiency savings they can deliver and their use would be integral to the continued operation of the ground floor as a salon. The agent has proposed to install an enclosure around the A/C units which would be coloured to match the building if required. Whilst this would be welcomed and will help soften the units' appearance on the elevation, the presence would remain. - 6.10 The proposal represents a difficult balance between supporting economic development and protecting visual amenity. Such a balance requires an element of subjective opinion. In view of the considerations that (i) there is an existing unit of some description on the elevation, (ii) the building is not of particular architectural merit in and of itself, (iii) the units would be located in a position for which there is no reasonable alternative but also in a position where they would not be seen from very many public viewpoints, (iv) the economic benefits of the units is acknowledged, and (v) the agents have advised that they would be prepared to clothe the units in a material painted to match the building, it is concluded that the overall impact of the units would not be so detrimental to the appearance of the street scene as to warrant the application's refusal. - 6.11 A condition requiring details of the enclosure for the AC units would be needed were the application to be approved.
6.12 Considering the impact on the living conditions of the occupiers of No.4 Royal Avenue West, understandably they have a right to be concerned about any fan noise or vibration from the units. On reviewing the specification and liaising with the AC suppliers 'Key Group Limited', it is understood that there would be no emissions or gasses from the units and the design of the air-conditioning system is as such that it would not be run at 100% capacity where it would emit a noise of 48dba but is designed to function around 50-75% which would give a lower noise reading. In relative terms this figure of 48dba is the equivalent to refrigerator humming according to the Institute of Acoustic Engineers. For further context, a human conversation is around 60dba at a distance of 1m. - 6.13 On the basis the best quality products are being used, the impact of noise and vibration on the resident above would be minimal, if noticeable at all when inside their dwelling. Given the AC units to be installed are technologically advanced such that the level of noise or vibration would not have an unduly harmful impact on the living conditions of the residents of No.4 Royal Avenue West who reside above the application site, it is considered that the agent has undertaken best endeavours and, as such, the proposal is concluded to comply with Environment Policy 22 and part 'g' of General Policy 2.
RECOMMENDATION
7.1 Overall, it is concluded that the planning application is in accordance with aforementioned Policies of the Isle of Man Strategic Plan 2007 and is recommended for approval. INTERESTED PERSON STATUS - 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.
8.2 The resident from No.4 Royal Avenue West, Onchan Recommendation Recommended Decision: Permitted Date of Recommendation: 26.05.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
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.
Reason: In the interest of protecting the character and appearance of the application site and location in which it sits.
This approval relates to drawings referenced 15MS005-LOC-1 and 15MS005-24 -B date stamped 14th March 2016
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: 26.05.2016 Determining officer
Signed : C BALMER Chris Balmer Senior Planning Officer
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