infrastructure

bun-troggalys

Office of the Minister and Chief Executive

| | | | --- | --- | | Mr P E Foxton | (01624) 686642 | | 65 High View Road | | | Douglas IM2 5BJ | (01624) 686617 | | | Email: [email protected] | | Contact: | Maggie Farmer | | Our Ref: | ITT/mf | | Your ref: | | | Date: | 18th May 2011 |

Dear Sir/Madam

ON APPEAL: PA 10/01219/GB – Sub-division of building to provide a community facility on the ground floor and offices or community facility on the first floor (in association with 10/01220/CON) at the former Red Cross Headquarters, Derby Road, Douglas, IM2 3EN (Appeals by Blackstoke Ltd and Mr Peter Edwin Foxton, Progeny Ltd)

I refer to the recent appeal in respect of the above planning application.

In accordance with the provisions of the Town and Country Planning (Development Procedure) Order 2005, I am enclosing herewith a copy of the report of the person appointed to consider this appeal.

The Minister has considered the report, and concurs generally with the appointed person's conclusions. However, he is concerned to ensure that the condition controlling noise emissions from the building –

(a) is clear in terms of what limitations should apply before the building is insulated; and

(b) does not inadvertently authorise a nuisance in terms of the Public Health Act.

Accordingly, he has accepted the recommendation that both appeals should be allowed in part, but has directed that condition 4 of the approval should be replaced by the following:

1. 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.

Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF

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.

Formal notice of this decision is enclosed herewith. Yours faithfully

I T Thompson Chief Executive

Circulation List

Mr P Foxton Secretary to the Planning Committee Progeny Ltd Department of Social Care Douglas Corporation

Ms D Lowe Blackstoke Limited Mr S Renton Messrs Clague & New

Application No. PA 10/01219/GB ON APPEAL

Ref: ITT/MF

THE TOWN AND COUNTRY PLANNING ACT 1999

THE TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE) ORDER 2005

TO: Mr Peter Edwin Foxton, 65 High view Road, Douglas, IM2 5BJ

[Copies as per Circulation List]

In pursuance of his powers under the above Act and Order, the MINISTER for Infrastructure, following report by the appointed person, does hereby APPROVE the application by Mr Peter Edwin Foxton, Progeny Ltd - Sub-division of building to provide a community facility on the ground floor and offices or community facility on the first floor (in association with 10/01220/CON) at the former Red Cross Headquarters, Derby Road, Douglas, IM2 3EN subject to compliance with the following conditions:-

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

2. 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.

3. The building shall only be used as a community facility on the ground floor and offices or community facility on the first floor.

4. 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.

cont...

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. 5. The building shall not open between the hours of 2300 and 0700 .

Date of issue: 18th May 2011

By Order of the Minister

I T Thompson Chief Executive

Note 1: This permission refers only to that required under the Town and Country Planning Acts and does not include any consent or approval under any other enactment, byelaw, order or regulation.

Note 2: A copy of the report of the appointed person is appended hereto.