13 December 2010 · Minister for Infrastructure
Jimmy Crosbie Memorial Bandroom, Derby Road, Douglas, Isle Of Man, IM2 3en
The site is a substantial two-storey former Methodist chapel with a prominent spire on the corner of Derby Road and Park Road, previously used as Red Cross offices and added to the Protected Buildings Register in 2007.
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The officer assessed land use as acceptable for community facilities in a vacant registered building, securing its long-term future, and permitted offices exceptionally under Business Policy 7 as the …
General Policy 2
Requires development to respect local character; officer found proposal preserves conservation area via re-use without external changes.
Environment Policy 33
Permits registered building change of use if not detrimental to character; internal alterations deemed acceptable by conservation officer as affecting modern fit-out only.
Environment Policy 35
Requires conservation area development to preserve/enhance character; parking relaxed as benefiting registered building re-use.
Business Policy 7
New offices in zoned areas or exceptionally in historic buildings securing future use; first floor offices allowed as exception for registered building with prior office history despite residential zoning.
Community Policy 2
New facilities to re-use vacant buildings accessibly; ground floor community use ideal for this chapel.
Transport Policy 7
Parking per standards but relaxed for registered building re-use; no highway objection tipped balance.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This permission relates to sub-division of the building to provide a community facility on the ground floor and offices or community facility on the first floor as shown in drawing numbers RCB 01, RCB 02, RCB 03 and RCB 04 date stamped 18th August 2010.
Use restriction
The building shall only be used as a community facility on the ground floor and offices or community facility on the first floor.
Noise insulation and limits
Within 18 months of the date of this notice, Red Cross House must be insulated such that noise from the building does not exceed (a) 50dB LAeq, 1 hour, between the hours of 0700 and 2300 measured at the external façade of Millenium Court; and (b) 35dB LAeq, 1 hour, between the hours of 0700 and 2300 measured within St Thomas Church Hall. Thereafter, the proposed use shall be operated such as to comply with these limits. Prior to the completion of the insulation, noise from the building shall not exceed (i) 50dB LAeq, 1 hour, between the hours of 0700 and 2300 measured at the external façade of Millenium Court; and (ii) 35dB LAeq, 1 hour, between the hours of 0700 and 1830, Monday to Friday inclusive, measured within St Thomas Church Hall.
Opening hours
The building shall not open between the hours of 2300 and 0700.
Do not oppose - no traffic management, parking or road safety implications
No objection
Private objectors including Blackstoke Limited and residents raised strong objections regarding noise transmission to the adjacent baby unit and parking shortages, while statutory consultees from Highways Division had no objections, Environmental Protection recommended specific noise limiting conditions, and Social Care requested information.
Key concern: Unacceptable noise transmission through party wall to adjacent baby unit sleep room from brass band practices
Highways Division
No ObjectionDo not oppose has no traffic management, parking or road safety implications
Environmental Protection Unit - Simon Renton
Conditional No ObjectionI would recommend a noise limiting condition; you may also want to prohibit band music at night; The condition is based on a recommended format from PPG 24: Planning and Noise and the noise levels guidance from BS 8233: 1999 'Sound insulation and noise reduction for buildings'
Conditions requested: Before the use commences / within x months, Red Cross House shall be sound insulated to ensure noise emitted inside the building from music does not exceed: St Thomas Church Hall - Measured Internally - Daytime/night-time 30 dB LAeq, 5 minute (good resting/sleeping conditions); Daytime (0700 - 2300 hrs) 35 dB LAeq, 1 hour (reasonable resting/sleeping conditions; good conditions for study and work requiring concentration); Neighbouring noise sensitive premises (Millennium Court) - Measured at the External Facade - Daytime (0700 - 2300 hrs) 50 dB LAeq, 1 hour (reasonable resting/sleeping conditions); Night-time (2300 - 0700 hrs) 40 dB LAeq, 5 minute (good resting/sleeping conditions); Prohibit band music at night
Department of Social Care
No CommentWe would be grateful to receive information and subsequent outcomes regarding the above application
Original application for sub-division of vacant Registered Building in conservation area was permitted by Senior Planning Officer on 13/12/2010 subject to conditions including noise limits at adjacent nursery (St Thomas Church Hall) and residential apartments (Millennium Court). Blackstoke Ltd appealed the grant citing 'bad neighbour' use and insufficient noise controls; applicant Peter Foxton appealed condition 4 restricting pre-18:30 use until insulation completed. Inspector held inquiry on 17/03/2011 after site visit, recommended both appeals allowed with varied condition permitting limited pre-insulation use on weekdays after 18:30 and weekends. Minister concurred but imposed stricter revised condition 4 on 18/05/2011 requiring full insulation within 18 months and interim noise limits excluding weekday use in nursery before 18:30.
Precedent Value
Demonstrates Inspectors/Minister favour pragmatic noise limits (BS8233) for conversions over absolute inaudibility; Registered Building reuse weighs heavily, relaxing parking; conditions can evolve via dual appeals to balance amenity with viability. Future applicants should commission pre-submission noise tests and engage consultees early.
Inspector: David Ward BSc(Hons) CEng MICE FCIHT
