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Application No.: 16/00980/B Applicant: Carrera Investments (IOM) Limited Proposal: Installation of two wash jet units, dryer facility and associated silt traps Site Address: Corkills Garage Main Road Onchan Isle of Man Case Officer : Mr Jason Singleton Photo Taken: 16.11.2016 Site Visit: 16.11.2016 Expected Decision Level: Planning Committee
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE NUMBER OF OBJECTIONS RECEIVED
1.1 The application site is the curtilage of light industrial buildings to the rear of Corkills petrol station, along with its associated retail element, which is located north of Main Road, Onchan at the mini roundabout connecting Main Road with Governor's Road (to the west) and Summerhill Road (to the southwest). - 1.2 The units are occupied as follows: Unit 1- Pharmacy, Unit 2 - ATM machine; Unit 3 -T shirt printers. Unit 4&5 is a retail shop with day care and grooming for animals. To the west of the units are parking for approximately 20 cars. - 1.3 The nearest residential dwellings are located on Victoria Avenue (odd No's 1-29) which are located to the rear/ north east of the application site. The nearest affected property would be 18m from the corner of the application site to the corner of the rear extension to No. 1 Victoria Avenue. To the west of the application site are the properties of Queens Road with (even No's 4-24) whose rear gardens share a boundary with the site. It should be noted the difference in ground levels with the residential properties on either side and to the rear being at a much higher level than the application site. To the rear of the application site is the property "Seaview" 59 Governors Road, Onchan which sits around 16-17m away from the proposed location of the works. THE PROPOSAL
2.1 Proposed is the creation of three car bays, 2 No. for a "washtec" Jet wash unit and separate bay for a Vacuum unit, each to be separated by a blockwork rendered wall min. 1.1m high. Part of the application would see the concrete ground altered to create a silt trap connecting into a 'Klargester' (4000 litre capacity) before depositing into the onsite road gulley. - 2.2 Following consultation with the applicant and agent, a noise impact assessment for the machines has been undertaken by Environmental Essentials (UK) LTD in accordance with BS 4142:2014 "Methods for rating and assessing industrial and commercial sound decibels" was submitted (19/12/16), which highlighted the operating range of noise levels for the following machines. The conclusion was the frequency of noise was;
Air Machine 60.4db (A) to 65.4db (A) Vacuum Machine 61.5db (A) to 67.5db (A) Jet Wash 57.2db (A) to 70.4db (A)
The report concludes; "that these levels, under normal operating conditions, are typical for types of machines" when measured at 1m and at 3m distances from the machines.
3.1 The application site has been the subject of numerous change of use application over the years. The more recent applications considered relevant to this application are;
16/00817/C - Unit 4 & 5 - Change of use to pet shop, dog day care and dog grooming parlour. 15/00711/D - Unit 1 - Installation of both illuminated and non-illuminated signage. 15/00549/B - Unit 1 - Installation of an ATM
4.1 In terms of local plan policy, the site falls within an area of Mixed Use (Residential / Office / Retail) as zoned on the Onchan Local Plan Map No.2.
4.2 General Policy 2: "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: iii) vibration, odour, noise or light pollution.
REPRESENTATIONS
5.1 Onchan District Commissioners recommend approval, except with a condition limiting the hours of operation to not cause any unnecessary disturbance to neighbouring properties. (07/09/16)
5.2 The Department of Infrastructure Highway Services (22/09/15) has commented; "The proposal is to install 2 jet wash facilities and a car vacuum within a premises that includes a petrol filling station. It is normal to find these facilities within this environment although the layout is somewhat unusual. There is adequate manoeuvring space and queuing traffic will not impact the highway network. Highway Services do not oppose this application". - 5.3 The owners of 'Seaview' 59 Governor's Road Onchan, (31/08/16) object to the application as they are immediately to the rear of the site and feel their quality of life would be severely compromised by the jet washers. They are concerned by the noise that would be generated by the activity and vehicle radios playing music and manoeuvring; Any lights would be directly beneath the bedroom windows; The spray given off the car wash would be in line with their bedroom windows and their cars on the driveway would be effected. The increase in traffic is a concern with the associated use of the other units; concern is raised regarding any excavations around the embankment and how this would affect their property. They have suggested that if an approval is to be recommended, conditions need to be included to limit the hours of operation and notices requesting users to be considerate of the residential area with regard to radios. They have also requested that the bays are covered to help reduce or mitigate the use and any noise generated by the use. - 5.4 There have not been any further objections received from those residents along Queens Road which share a boundry with the application site.
5.5 The owner of 19 Victoria Avenue, Onchan, (02/09/16) objects as a nearby resident with 6 points of concerns regarding their suitability of their location; increase of noise and air pollution; increase in water consumption and use of chemicals washing vehicles; increase in traffic on the A2; not environmentally friendly; the application form says there are no trees on site but there are many shrubs and trees on the perimeter. - 5.6 The owner of 15 Victoria Avenue, Onchan, (05/09/16) objects as a nearby resident as the rear of her property overlooks the application site, the noise levels being generated would be unacceptable for a residential area affecting their comfortable level of living; any spot lights would create light pollution; water spray will contribute and effect the decay of the render and fascia boards; strongly disagree with the plans and feels the standard of living will be adversely affected. - 5.7 The owner of 5 Victoria Avenue, Onchan, (05/09/16) objects as a nearby resident who backs onto the site and would overlook the proposed development on a number of reasons, mainly the level of noise pollution, water vapour and hours of operation would all effect their quiet enjoyment whilst in their home and back garden. - 5.8 The owner of 3 Victoria Avenue, Onchan, (27/08/16) objects as she is immediately adjacent to the site and has concerns regarding noise pollution and hours of operation. It is mentioned that most jet wash facilities have an audible alarm to indicate changing wash cycles twinned with the compressor noise would become very annoying over time. The water vapour that would be generated by the operation would affect the neighbouring properties/ washing in the garden area.
6.1 The fundamental issues to consider in the assessment of this current planning application are: 1) whether the use of the car park area as a vehicle wash and vacuum facility would be acceptable in this location; and 2) the impact upon parking and highway safety. USE
6.2 The proposed use does not readily fall into any established use class and is not a particularly common use. The area is zoned for mixed use, and is located within the village of Onchan. The proposed use would be complimentary to the fuel forecourt and the two are commonly associated. There is a mixed range of businesses occupying the units which all involve the coming and going of members of the public with vehicles. It is not considered there would be any confliction of use amongst these existing business users and is considered that the proposed use would not be contrary to that of the use for the area. - 6.3 The washing of vehicles with mechanical powered equipment can often involve the generation of noise from the use of the equipment, and also the comings and goings of customers in vehicles. In such facilities in built up areas, particularly bordering residential property as is the case with this application, the use can result in a statutory nuisance arising from the noise. The noise impact assessment would indicate the level of noise would be with the acceptable limits ranging from 60dB(A) to 70 dB(A). In relative terms a figure of 48dB(A) 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. With this in mind additional information was sought from DEFA Environmental Health (10/01/17) and they advised: "The levels quoted, I imagine, are the maximum at the source i.e. the motor. This will be less over distance. Also, from memory the yard to the exterior of the garage is lower than premises on Victoria Avenue which may serve to prevent noise nuisance. Technically the levels quoted would not cause nuisance unless they were operated at times when it would be reasonable to expect persons to be asleep". To expand on this point the world Health Organisation guidelines (2009) states that for night time: "based on limited data available, a level of less than 35dB(A) is recommended to preserve the restorative process of sleep". As the proposal is intended to be limited in their hours of operation to daytime only, and can be conditioned, the noise heard during the daytime would slightly affect the acoustic character of the area but not such that there is perceived a change in the quality of life beyond the background noise of vehicles using Main Road Onchan.
6.4 With regard to the concerns of noise nuisance, water spray and hours of operation as raised by the nearby residential properties, it is judged given the difference in level between the application site and those properties along Victoria Avenue and the distance from the application site to the dwellinghouses, plus with the advice from Environmental Health, the proposed use would not be considered to be contrary to Environment Policy 22 where an unacceptable harm would be caused to the residents or other users of the adjoining units from noise pollution. - 6.5 The creation of the block walls and the installation of the equipment would not be visible from the streetscene as the area is located some 60m from the highway nor would they be visible from the surrounding residential properties which are located at a higher level. Any distant views of the equipment would be read in conjunction with the curtilage as a whole and would have a neutral impact on the streetscene. - 6.6 If approved, the use of the car wash and vacuum can be conditioned to limit the hours of operation to ensure it respects the close proximity to the neighbour residential dwellings. It is understood from the applicants that the controls and monitoring will be part of the garage forecourt's attendant's responsibility and will be monitored by CCTV. In this instance, the applicant and agent have advised the operating hours would be between the hours of 0800 - 2000hrs, Monday to Sunday. PARKING AND HIGHWAY SAFETY - 6.7 The proposal would see the loss of 4 car parking spaces, none of the spaces have been allocated to any previous permission or use of the units, as such there would be no confliction in the remaining parking spaces amongst business users. It is understood there are more parking spaces provided within the curtilage than are required for the units. It is also important to acknowledge that Highway Services have not objected to the application and the premises are already on a busy junction, next to a petrol forecourt, shop and pharmacy with an established access and egress.
RECOMMENDATION
7.1 Overall, it is concluded that the planning application is in accordance with aforementioned Policies of the Isle of Man Strategic Plan 2016, therefore, it is recommended that the planning application be approved. 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 It is recommended that the resident of 'Seaview' 59 Governors Road Onchan has sufficient interest in the application as they physically adjoin the site to take part in any subsequent proceedings. - 8.3 Properties 3, 5, 15 & 19 Victoria Avenue, Onchan are not perceived to be adversely affected by the proposal given the distance from their dwellinghouses to the application site.
Recommendation Recommended Decision: Permitted
Date of Recommendation: 07.02.2017
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.
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: 06.02.2017 Signed : Jason Singleton Presenting Officer Further to the decision of the Committee a condition of approval was amended YES/NO See below
Application No. : 16/00980/B Applicant : Carrera Investments (IOM) Limited Proposal : Installation of two wash jet units, dryer facility and associated silt
traps
Site Address : Corkills Garage Main Road Onchan Isle of Man
The committee agreed with the principle of the application but sought to amend the hours of operation of the proposal from 8am-8pm 7 days a week to;
Monday to Saturday 9.00am to 8.00pm. Sunday and Bank Holidays 10.00am to 6.00pm.
Reason: In order to maintain the amenities of the adjacent residential area.
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.
Monday to Saturday 9.00am to 8.00pm. Sunday and Bank Holidays 10am to 6 pm.
Reason: In order to maintain the amenities of the adjacent residential area. This approval relates to drawings submitted on 17th August 2016 referenced SM16/391/1.
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