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24/91398/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/91398/B Applicant : Mr Simon Marc Long Proposal : Installation of an air source heat pump Site Address : 1 Duke Street Peel Isle Of Man IM5 1NG
Principal Planning Officer: Belinda Fettis Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 23.04.2025 __
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 Air Source Heat Pump must be installed according to the plans and supporting information and must be maintained as such thereafter.
Reason: To ensure the development is implemented according to the plan/details submitted, as the Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.
This application has been recommended for approval for the following reason. By virtue of the position of the air source heat pump, the installation would not impact upon the character of the Conservation Area and so meets the test of s18(4) of the Town and Country Planning Act (1999) in preserving the Conservation Area. As a result of the position and noise level, no adverse harm is anticipated to neighbouring amenity. The proposal would accords with Strategic Policy 5, General Policy 2, Environment Policy 22, and Energy Policy 4 of the Strategic Plan.
Plans/Drawings/Information; This decision relates to the following Plans, drawings and detail dated as received on the 3rd January 2025. o Site Plan - Proposed - drawing no.HP240613-ASHP-02 o Location Plan - drawing no.HP240613-ASHP-03 o Existing and proposed elevations drawing no.HP240613-ASHP-04 o Heat loss report by Manx Solar Electrical Ltd dated 30.09.2024 o Product information sheet
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: o Highways Services - No Interest __
Officer’s Report
1.0 THE SITE 1.1 The application site relates to the curtilage of a terraced dwellinghouse, no.1 Duke Street in Peel. The property is the penultimate dwelling, the adjoining property to the east, no.17 Bridge Street occupies the corner where Duke Street and Bridge Street meet. The rear garden of the application site extends beyond the rear of no.17.
1.2 The dwellings fronting the streets in this location of Peel are separated by minimal distances for vehicles to use the road. However at the rear, the rear amenity areas of properties fronting Duke Street, Bridge Street, and Factory Lane are generally elongated meeting in the middle.
2.0 THE PROPOSAL 2.1 Planning approval is sought for Installation of an air source heat pump at the rear side of the property. The proposed unit would be an outdoor unit rated A+++ Ecodan R32 Monobloc Air Source Heat Pump. The unit would measure approximately 1050mm x 1020mm x 480mm.
2.2 Specification sheet provided with the application indicates that the unit would have sound pressure level at 1m (dBA) PUZ-WM60VAA(-BS) 45.
2.3 The unit would be positioned on the inward facing side of the eastern boundary wall of the curtilage which is a gable wall elevation for no.17 Bridge Street, set 300mm from the wall. The unit would be facing a rear side elevation and a rear elevation of the dwellinghouse.
2.4 In support of the application the following are submitted. o Site Plan - existing - drawing no.HP240613-ASHP-01 o Site Plan - Proposed - drawing no.HP240613-ASHP-02 o Location Plan - drawing no.HP240613-ASHP-03 o Existing and proposed elevations drawing no.HP240613-ASHP-04 o Heat loss report by Manx Solar Electrical Ltd dated 30.09.2024 o Product information sheet
3.0 PLANNING POLICY 3.1 Site Specific: 3.1.1 The site is designated on the Peel Local Plan 1989 as "Mixed Use". However in the Draft Area Plan for the North and West, on Proposals Map 6, the site is in an area designated as "Predominantly Residential". It must be noted at the time of writing, that the draft area plan for the North and West is not formally adopted however the Inspector has completed the Inquiry and the proposal is waiting for Tynwald approval. However until adoption, therefore at this stage, the Peel Local Plan Order 1989 remains the correct land use designation and no material weight is given to the draft area plan for the North and West.
3.1.2 The site is not a Registered Building and is not within a Flood Risk Zone.
3.2 Strategic Policy
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3.2.1 Taking account of the above, within the adopted Isle of Man Strategic Plan 2016, the following policies are considered relevant in the determination of this application:
o General Policy 2 states that development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of the Strategic Plan will normally be permitted, provided that the development meets the relevant criteria (a) to (n). In respect of this application (b) and (g) are relevant. (b) respects the site and surroundings (g) does not affect adversely the amenity of local residents
o Environment Policy 35 states that within a Conservation Area only development that would preserve or enhance the character or appearance of a Conservation Area will be permitted.
o Strategic Policy 5 within design, supports the introduction of renewable energy sources.
o Chapter 3 generally, Energy Policy 4 supports the introduction of renewable energy sources.
o Environment Policies 22 - provides guide on development in respect of noise, smell, vibration, and their impacts on neighbouring amenity.
3.3 Legislation o Being in a Conservation Area the Statutory Test to preserve a Conservation Area within Section 18(4) of the Town and Country Planning Act (1999) is relevant. Where development would not at least preserve a Conservation Area it would not be permitted.
o Town and Country Planning (Permitted Development) Order 2025, Schedule 2, Part 2 Extension of classes to Conservation Areas, (paragraph 9) (1) development must meet the relevant criteria which in this case is (a) Development may only take place at the rear of the dwellinghouse, in a rear garden, and the relevant conditions in Schedule 1, Paragraph 29, Class 23A, Air source heat pumps, are permitted subject to accordance with the relevant conditions in sub-paragraph (2). In respect of this application the criteria are;
(a) no part of the pump may be nearer than one metre to the boundary of the curtilage of the dwelling house where the boundary is with a relevant neighbouring building. (b) no part other pump may be nearer to any highway which bounds the curtilage of the dwelling house down the near of the part of the dwelling house nearest the highway or 20 metres The pump is at the rear and not adjacent a highway therefore (c) and (d) are not applicable. (e) the volume of each pumps outdoor compressor unit including the housing must not exceed 1cubic metre (f) together the noise of the pump must not exceed 42dB LAeq 5mins (g) a prompt specification must be displayed externally on the outdoor compressor unit (h) the lowest part of the pumps outdoor compressor unit must not be more than one metre above ground level (i) a pump must be used for heating purposes. (j) when no longer required the pump must be removed (k) a pump must be installed and maintained in accordance with the manufacturer's specification (l) no part of the air source heat pump and any associated underground pipe work may be situated closer to a tree (other than a tree referred to in section3(3) of the tree preservation act 1993 (restricting the cutting of trees etc)) than the required distance.
3.3.1 Whilst the proposal appears to meet some of the criteria it does not meet (a) therefore It is likely that the proposal would be considered not permitted development.
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4.0 OTHER MATERIAL PLANNING CONSIDERATIONS
o Residential Design Guide (2021), section 7 relates to the potential impact of developments on neighbours.
o Isle Of Man Future Energy Scenarios (2020): This document set out the pathways to meet the Islands "Key Targets - To ensure 75% of the island's electricity is generated from renewable sources by 2035 and to deliver net zero emissions by 2050."
5.0 PLANNING HISTORY 5.1 There are planning applications associated with the site however none are considered relevant in the determination of this application.
6.0 REPRESENTATIONS 6.1.1 Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.2 Local Authority o Peel Town Commissioners: although consulted on the 3rd and 28th of January 2025 has not commented on this application at the time of drafting this report (22..04.2025) and so it is assumed that there are no objections to the application.
6.3 Statutory Bodies o Highways: No Interest (06.01.2025)
o Manx National Heritage: although consulted on the 7th and 28th of January 2025 has not commented on this application at the time of drafting this report (22..04.2025) and so it is assumed that there are no objections to the application.
o Registered Building Officer: although consulted on the 7th and 28th of January 2025 has not commented on this application at the time of drafting this report (22..04.2025) and so it is assumed that there are no objections to the application.
7.0 ASSESSMENT 7.1 The proposals generally accords with the aforementioned policies because it introduces a non-fossil fuel source of heating to the dwellinghouse, and the site is within an area of residential development. The proposal relates to the rear garden of the application site and is not adjacent to a highway or visible within the Conservation Area. Therefore the only consideration is whether the proposal would cause harm to residential amenity.
7.2 Impacts on Neighbours 7.2.1 With regard to potential impacts on neighbouring amenity, the key concern here lies in the potential for increased noise impacts on the neighbours at no.17 Bridge Street as the nearest neighbours.
7.2.2 In terms of noise impact, it is considered that the sound pressure level of the ASHP, which sets its associated operating sound is expected to be around 45 dB(A). The dwellinghouses are close together and the front elevations are separated only by the narrow road. When this noise output is compared with other levels that would likely be obtainable in the area, it is considered that highest noise output would be similar to noise generated by light traffic at 50dB, and lower than the noise generated by a normal conversation or a washing machine at 60dB.
7.2.3 Therefore the background noise generated is not considered likely to have a detrimental impact on the amenity of the neighbours. Furthermore the period of the properties, comprising thick walls and the boundary wall and vegetation would all help to reduce any background
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noise. The proposal is considered to comply with Environment Policy 22 and General Policy 2 of the Strategic Plan.
8.0 CONCLUSION
8.1 By virtue of the position of the air source heat pump, the installation would not impact upon the character of the Conservation Area and so meets the test of s18(4) of the Town and Country Planning Act (1999) in preserving the Conservation Area. As a result of the position and noise level, no adverse harm is anticipated to neighbouring amenity. The proposal would accords with Strategic Policy 5, General Policy 2, Environment Policy 22, and Energy Policy 4 of the Strategic Plan.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
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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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status, and/or rights to appeal.
Decision Made : Permitted Date : 23.04.2025
Determining Officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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