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25/90307/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90307/B Applicant : Co-op Proposal : Relocation of refrigeration plant from roof deck to new steel mezzanine deck and installation of two vents Site Address : Co-op Duke Street Douglas Isle Of Man IM1 2RD
Planning Officer: Lucy Kinrade Photo Taken :
Site Visit : 22.05.2025 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 23.06.2025 __
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 Refrigeration Pack and Gas Cooler hereby approved shall be installed in full accordance with drawing number CR3-CBES-DUKE STREET Rev * and retained as such thereafter.
Reason: The application has been assessed on this basis in terms of visual impact of equipment to be installed on the plant deck and in terms of noise impact on private and public amenity.
C 3. The existing plant unit shown on drawing number CFO-117-PL-200 shall be removed from the site within 3 months of the new equipment first coming into use.
Reason: to avoid the accumulation of equipment in the interest of visual and noise amenity impacts.
This application has been recommended for approval for the following reason. Having regard to the planning policy context it is concluded that the proposal is acceptable. The city centre location and established background noise levels are two favours weighing in favour of the current application. The proposed noise levels from the equipment is not expected to result in any new or adverse impacts beyond the existing equipment at the site as to result in any harm to private or public amenity, as the visual impact of the proposal is also considered to be acceptable. Suitably worded conditions have been be added to ensure the
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equipment installed is that as outlined in the submission, and that the existing equipment marked for removal is removed.
Plans/Drawings/Information;
This approval relates to the following:
CFO-122-001 CFO-122-003 CR3-CBES-DUKE STREET rev *
CFO-117-PL-200 CFO-117-PL-201
Noise Assessment
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: o Douglas City Council - no objection o Department of Infrastructure - Highway Services - no objection __
Officer’s Report
1.0 THE APPLICATION SITE 1.1 The application site relates to Co-op supermarket, 18 Duke Street, Douglas that forms part of a two storey mid-terraced property located to the eastern side of Duke Street and north of Lord Street. The rear elevation backs onto a rear lane and open car park.
2.0 THE PROPOSAL 2.1 Approval is sought for the installation of new raised mezzanine deck in the rear yard and the installation on that deck of a new gas cooler. The application indicates the removal of the existing plant situated on the rear side wall to make way for the mezzanine, and the removal of the plan on the existing rear first floor flat roof.
2.2 The application also includes the installation of two new windows vents on the ground floor rear elevation windows.
2.3 Details submitted for the application indicate the external equipment having a sound pressure level of 30dB at 10m.
2.4 An updated noise report was provided for the application with a noise receptor fitted along Fort Street in addition to the original noise report which has a receptor fitted along Lord Street (albeit the old noise report appeared to relate to equipment not proposed under this application and taken from on a date a considerable time ago).
2.5 dB readings in the noise report address the nearest residential window referred to as R1. One noise report concludes 39dB at the window and the other 33dB at the window.
3.0 PLANNING HISTORY
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3.1 The supermarket site has been subject to a number of applications, most relevant is PA 22/01328/B approved for 'replacement refrigeration plant'. This equipment was detailed to have a maximum dB sound pressure level of 62dB.
3.2 The officer report assessed only the visual impact. There was no reference to any noise impact but the unit installed was conditioned under C2 of that approval.
4.0 PLANNING POLICY 4.1 Site Specific 4.1.1 The site is designated as "Mixed Use - Strand Street" in the Area Plan for the East 2020. The site sits just outside of the Athol Street/Victoria Street conservation area. The site is not recognised as being at any flood risk.
4.2 Relevant policies of Area Plan for the East 2020 4.2.1 None
4.3 Relevant policies of IOM Strategic Plan 2016.
o Strategic Policy 5 - new development (including individual buildings) should be designed so as to make a positive contribution to the environment (and in some cases a Design Statement will be required) o General Policy 2 - general standards towards acceptable development including visual and neighbouring amenity and highway safety o Environment Policy 22 - no unacceptable harm to environment and/or neighbouring properties through noise, smells, vibration or pollution. o Environment Policy 23 - consideration to potential adverse impact changes to existing neighbours.
4.4 Reference any relevant PPS or NPD 4.4.1 None
5.0 OTHER MATERIAL CONSIDERATIONS 5.1 Legislation o Section 143 of the Equality Act (2017) places a duty on public bodies to promote equality, eliminate discrimination, advance equality of opportunity and foster good relations.
5.2 Policy/Strategy/Guidance o Residential Design Guide - Sections 7 neighbouring amenity
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 Highway Services - do no oppose (25/04/2025) - no significant negative impact upon highway safety, network functionality and/or parking.
6.2 Douglas Borough Council - no objection (15/05/2025)
6.3 Comments were also sought from the following however no comments received as of 23/06/2025: o Manx Utilities o DEFA Environmental Health o DEFA Registered Buildings officer o DEFA Inland Fisheries o Manx National Heritage
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6.0 ASSESSMENT 6.1 The key consideration in this case are the visual impacts upon street scene and the noise impact on the nearest neighbours and surrounding area.
6.2 Visual Impact 6.2.1 The site is within the main Douglas town centre and clustered amongst other commercial businesses, shops and offices. In this particular area there is a lack of uniformity to the rear of the buildings, and where other such AC, refrigeration units and flues already exist supporting business operations.
6.2.2 Drawings show two existing plant units being removed and replaced with a new mezzanine platform and single plant unit. The physical structures would be contained within the rear yard and although visible at the rear, they're simple in form and appearance, and would not appear out of context with the overall varied commercial nature of the rear elevations, and are not expected to cause any unacceptable visual impacts.
6.3 NOISE IMPACT Existing unit 6.3.1 The site already has two pieces of plant equipment that are proposed to be removed as a result of the new equipment being installed. The unit previously approved under 22/01328/B was approved with a sound pressure level of 62dB.
British Standards 6.3.2 The noise report includes information in respect of British Standards and assessment outcomes being a comparison of the rating level with the background sound level. The standard states: o "Typically, the greater this difference, the greater the magnitude of the impact." o A difference of around +10 dB or more is likely to be an indication of a significant adverse impact, depending on the context; o A difference of around +5 dB is likely to be an indication of an adverse impact, depending on the context; o The lower the rating level is relative to the measured background sound level, the less likely it is that the specific sound source will have an adverse impact or a significant adverse impact. Where the rating level does not exceed the background sound level, this is an indication of the specific sound source having a low impact, depending on the context." o "adverse impacts include, but are not limited to, annoyance and sleep disturbance. Not all adverse impacts will lead to complaints and not every complaint is proof of an adverse impact." o "Where background sound levels and rating levels are low, absolute levels might be as, or more, relevant than the margin by which the rating level exceeds the background. This is especially true at night." o "An effective assessment cannot be conducted without an understanding of the reason(s) for the assessment and the context in which the sound occurs/will occur. When making assessments and arriving at decisions, therefore, it is essential to place the sound in context."
Background Noise Levels 6.3.3 The new equipment is provided with two noise reports with noise receptors indicated along Lord Street and Fort Street to understand the surrounding environmental sound and typical background sound levels. The most recent report indicates that during the day (0700 - 2300 hrs) this was between 58-67dB LAeq(15mins) but with quieter intervals of 47dB and occasional loud noises up to 89dB. During the night time (2300-0700hrs) sound pressure levels dropped between 42-64dB LAeq(15mins), with some quieter intervals at 37dB and occasional louder noises up to 86dB. The noise report indicates the following: o 50dB being the robust representation of background noise during the day, and o 38dB being the robust representation during night.
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(sections 4.3-4.7 of Noise Report date published 9th June 2025 and its Appendices).
Unit Noise Levels 6.3.4 Appendix B of the noise report indicates that the o gas cooler is 20dBA @ 10m during day and night; o refrigeration pack is 23dBA at 10m during day and night. 6.3.6 Calculations provided show the cumulative rating level of the equipment at o R1 residential window is 33dBA, o R2 and R3 commercial windows between 38 - 43dBA.
6.3.7 Context is considered to be important in effective assessment of where the sound will occur. It is clear from the background noise level information that there's already a fairly high level of background noise in this city centre location being alongside an arterial route and short distance from key bus routes. The representative background sound is indicated to be 50dB during day and 38dB during night. There is already existing equipment on site which omits a certain level of noise and this equipment is to be removed and replaced with that proposed as part of this application.
6.3.8 Taking into account the existing equipment on site, factoring in the background noise levels of this particular city centre location and the anticipated cumulative rating on the nearest residential window being 33dBA and commercial windows 38-43dBA, that the proposal is not expected to result in any new or significant or adverse impacts on amenity beyond the existing situation as to harm the general living conditions of local residents including at night time hours as to warrant a refusal in this case.
7.0 CONCLUSION 7.1 The city centre location and established background noise levels are two favours weighing in favour of the current application. The proposed noise levels from the equipment is not expected to result in any new or adverse impacts beyond the existing equipment at the site as to result in any harm to private or public amenity, and given the acceptable visual impact the proposal is considered acceptable. Suitably worded conditions will be added to ensure the equipment installed is that as outlined in the submission, and that the existing equipment marked for removal is removed.
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
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o in the case of a petition, a single representative.
9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal. __
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 : 26.06.2025
Determining Officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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