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16/01356/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 16/01356/B Applicant : Mannin Hotel Limited Proposal : Installation of a kitchen extract system with an acoustic enclosure, access ladder and platforms (retrospective) Site Address : The Mannin Hotel 8-16 Broadway Douglas Isle Of Man IM2 4EL
Case Officer : Miss Abigail Morgan Photo Taken : 10.01.2017 Site Visit : 10.01.2017 Expected Decision Level : Planning Committee
Officer’s Report
THIS APPLICATION IS BEFORE PLANNING COMMITTEE DUE TO THE NUMBER OF REPRESENTATIONS RECEIVED RECOMMENDED FOR INTERESTED PARTY STATUS.
1.0 THE APPLICATION SITE 1.1 The application site is the newly built Mannin Hotel on Broadway Douglas.
2.0 THE PROPOSAL 2.1 This application is for the installation of a kitchen extract system (apx 16m in length) with a 14m high acoustic enclosure and safety ladder to the rear of the building, going from first floor to the roof. The acoustic enclosure is to be colour matched to the hotel. The safety ladder is external at levels 2 and 3 and then at levels 4 - 6 is internal to the enclosure.
2.3 The acoustic panels are 100mm thick, coupled with duct silencers, the system is designed to be below the measured lowest background noise level.
2.3 Following consideration of the representations received amended plans and information were received to address concerns raised.
3.0 PLANNING HISTORY 3.1 Planning approval was granted under 12/00816/B for demolition of existing hotels and the erection of a new hotel, including integral parking and ancillary facilities (In association with 12/00817/CON).
3.2 This approval had a number of facilities, including a kitchen, restaurant but no details of extract system.
4.0 PLANNING POLICY 4.1 The application site is located within an area that is designated as being 'Predominantly Residential' by the Douglas Local Plan 1998. The site to the immediate south east (Central Apartments) is designated as Mixed Use - Tourism and Residential. The site is within the Douglas Promenades Conservation Area.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains three polices that are considered materially relevant to the assessment of this current planning application:
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16/01356/B
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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; (g) does not affect adversely the amenity of local residents or the character of the locality;
Environment Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution.
Environmental Policy 35 states: "Within Conservation Areas, the department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
4.3 Within Planning Policy Statement 1/01 - Policy and Guidance Notes of the Conservation of the Historic Environment of the Isle of Man, the following policies are considered to be relevant in the determination of this application: CA/2 Special Planning Considerations.
4.4 Policy CA/2 states that "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application".
5.0 REPRESENTATIONS 5.1 The Department of Infrastructure Highway Services, no highways implications. 20-12-16.
5.2 Representations were made on behalf of all Central Apartments Ltd and the owner of apartments 1,4 & 7 in particular by Kelly- Lewthwaite Building Design, their initial concerns related to the noise measurements submitted not taking into account the noise from the extract, details of fixings and support of proposed enclosure and platforms that ensures it is not fixed to Central Apartments Building and proposed cantilevered steel platforms at levels 2 and 3. 15.12.16. Following receipt of additional information and confirmation of acoustic panels to be installed, they confirmed their client (Directors of Central Apartments Ltd) have no further objection subject to conditions controlling specification of acoustic enclosure panel and that no fixed ladder be installed to bottom section of the enclosure. 31.01.17.
6.0 ASSESSMENT 6.1 The application is part retrospective; the extract system is in place and part proposed; the acoustic enclosure and access ladder. The latter is to address the noise concerns raised by neighbouring residents at Central Apartments.
6.2 The main issues are the impact of the development on the neighbouring residents, with particular regard to noise and outlook and the impact of the development on the Conservation Area.
Impact on Conservation Area
6.3 The enclosure and the extract system are located to the rear of the property and are only visible when in the rear yard/access way between the hotel and the properties that face onto Castle Mona Avenue and The Promenade. The test under Environment Policy 35 of the Strategic Plan and the Planning Policy Statement 1/01 requires development to preserve or enhance a Conservation Area.
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16/01356/B
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In this instance the works will not be visible from the Conservation Area and as such it is considered that the development will preserve the character and appearance of the Conservation Area.
Impact on Neighbouring Residents
6.4 At levels 2 and 3 the works project apx 800mm from the rear of the Central Apartment, the levels above (4-6) are in line with the edge of the Central Apartment building. As the nearest apartment windows are 1.3m away from the works this projection is not considered to be overbearing or to adversely affect the outlook of these windows.
6.5 Part of the application is retrospective for the extract system and the acoustic enclosure is to address the concerns of noise. The provided information gives details of background noise details of at its lowest of 42 dB LA90, this was taken at 5.46am. Generally this is the level for about 90% of the time and is a measure of the lowest level typically reached during the monitoring period. The submitted information confirms that with the proposed attenuation measures, the noise would be at or below the measured lowest background noise level. A condition is proposed to this affect.
6.6 On the basis of the above it is considered that the proposals complies with parts (b), (c) and (g) of General Policy 2, part (iii) of Environment Policy 22 and the requirements of Environment Policy 35.
7.0 RECOMMENDATION 7.1 For the reasons set out above, it is recommended that that the planning application be approved.
8.0 PARTY STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 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) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considered material, in this case, Department of Infrastructure Highway Services; (e) 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.
8.2 In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.
In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13:
o Owner/occupier of Apartments 1,4 & 7 Central Apartments
As they own or reside in a building physically adjoining the site, Clause 2 (a) of Circular 0046/13.
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16/01356/B
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Recommendation
Recommended Decision:
Permitted Date of Recommendation: 28.02.2017
Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
C 1. The proposed acoustic panelling, Model EP100/UF/SP Data Sheet E61C, shall be installed within 6 months of the date of the permission.
Reason: To reduce the impact of noise resulting from the extract system hereby approved and to safeguard the amenities of adjoining residential occupiers.
C 2. The rating level of any noise generated by plant and equipment as part of the development shall not exceed 42 dB LAeq at the nearest noise sensitive premises, as determined by BS4142: 2014 Methods for rating and assessing industrial and commercial sound.
Reason: To prevent noise and disturbance to nearby residents.
This approval relates to Location plan date stamped received 7 December 2016, drg 002 Rev A date stamped received 24 January 2017 and Letter and Data Sheet E61C date stamped received 26.01.17.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Permitted
Committee Meeting Date: 20.03.2017
Signed : A MORGAN Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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