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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/01388/B Applicant : Mrs Jojanneke Hartmann-Struik Proposal : Installation of Pagoda, PV Panels and Air Source Heat Pumps Site Address : Glevum The Promenade Laxey Isle Of Man IM4 7DF
Planning Officer: Paul Visigah Photo Taken : Site Visit : Expected Decision Level :
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 09.04.2024 __
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. This approval relates only to the installation of 2 No. CTC CombiAir 12M Air Source Heat Pumps in full accordance with the approved details and maintained and retained thereafter.
Reason: To ensure the development is implemented according to the plan submitted and in the interest of protecting amenities of neighbouring property.
This application has been recommended for approval for the following reason. The works have an acceptable visual and amenity impact, and preserve the character of the Conservation Area in line with Environment Policy 35 of the Isle of Man Strategic Plan 2016. The proposal is also considered to meet with the general standards of General Policy 2 (b, c, g and n), Energy Policy 4 and work towards the Climate Change Strategy Bill in respect of installing renewable energy and working towards reducing energy consumption.
Plans/Drawings/Information; This approval relates to the following documents:
o Heat Pump Specifications; o PV Specifications; o DWG No. 103;
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o DWG No. 115 Received 30 November 2023;
o DWG No. 110 Rev A; o DWG No. 114 Rev A; o DWG No. 116 Rev A; Received 7 March 2024;
o Correspondence from Agent in reply to DOI Highways dated 13 December 2023; and o Correspondence from Agent dated 1 February 2024.
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Interested Person Status - Additional Persons
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Officer’s Report
1.0 THE SITE 1.1 The site is the residential curtilage of Glevum, the Promenade, Laxey, which directly overlooks the Laxey bay. The dwelling which is a flat roofed dwelling finished in painted render is enclosed by low boundary walls finished in painted render to the front and sides. The boundary walls open up to the pedestrian access in front and side (east).
1.2 Situated southwest of the application site is 'Sea Villa', The Promenade, which is separated by the Back Shore Road which runs along the side and rear of the application site, while Sea Level House, Harbour View, and Mariners House, sits northwest of the application site. A public open space separates the dwelling and the Promenade Shop which sits about 58m east of the application site.
2.0 THE PROPOSAL 2.1 Planning approval I sought for Installation of Pagoda, PV Panels and Air Source Heat Pumps.
2.2 The details of the proposal is as follows: a. Erection of a Pagoda on the southwest elevation of the dwelling. This pagoda would stretch from the walls of the dwelling to the boundary wall and be 3.2m tall. It would be made of 100 x 100mm timber posts/joists and would site over part of the parking area on site to create a parking pagoda.
b. Installation of a total of 25 (1700mm x 1000mm) solar panels which are split into five separate rows/blocks which when laid out would be placed on support units and will be angled at 30 degrees on frames (support pallets). The highest part of the solar panels and frames would be about 670mm tall and span about 850mm wide when measured horizontally. Each row of panels which would face the south. No details have been provided on the amount of energy generation from the solar panels.
c. Installation of two CTC Combi Air source heat pumps. The air source heat pumps (ASHP's) are to be wall mounted beside each other via CTC CombiAir wall brackets which would be situated to the North-East Elevation of the dwelling. These ASHP's would be positioned about 10.3m from Mariners House, Back Shore Road; about 13.3m from the windows on Sea Level House, Back Shore Road; and about 23m from the windows on Sea Level Cottage, Back Shore Road. The air source heat pumps would be the CTC CombiAir 12M (452mm deep x 1145mm wide x 955mm high) CTC - no: 589350001). Noise levels provided by
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the product specifications submitted indicate that the noise emitted by the unit would be 45dB @ 1 metre.
2.3 Following request for additional information on the sound pressure of the Air Source Heat Pumps, the applicants have provided further information which details the following (1 February 2023): o Sound Pressure at 2m free standing is 43dB; o Sound Pressure at 6m free standing is 33.5dB; o Sound Pressure at 10m free standing is 29dB.
2.4 The submitted plans also show that a non-illuminated signage would be installed at the property. However, this would be the subject of the Control of Advertisement Regulations 2013. As such, it is not assessed as part of the current application.
3.0 PLANNING POLICY 3.1 Site Specific 3.1.1 The site is designated as Mixed Use on the Area Plan for the East 2020 (Laxey map), and the site is within the Laxey Conservation Area, although the site is not prone to flood risks (surface or Tidal).
3.2 National: STRATEGIC PLAN (2016) 3.2.1 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant in the assessment of the application: a. General Policy 2 - general standards towards acceptable development. b. Environment Policy 35 - preserve or enhance the conservation area. c. Environment Policy 42 - character and need to adhere to local distinctiveness. d. Environment Policy 22 - pollution. e. Strategic Policy 3 - Development to respect the character of our towns and villages. f. Strategic Policy 4 - Seeks to Protect or enhance the fabric and setting of Conservation Areas (etc.). g. Strategic Policy 5 - Design and visual impact. h. Transport Policy 4 - Highway capacity and safety considerations. i. Transport Policy 7 - parking standards. j. Energy Policy 4 - Supports alternative sources of energy supply, including wind, water and tide power, and the use of solar panels. k. Paragraph 12.2.8 of IOM Strategic Plan 2016 states, "The Department is fully supportive of the need to secure greater energy efficiency in new and existing development and has recently introduced additional energy efficiency requirements in the Building Regulations 2003. Energy efficiency and the use of renewable energy sources are covered in General Policy 2(m) of the Building Regulations. At the same time the Department recognizes that renewable energy sources can have adverse environmental impacts." l. Community Policy 7 and 11 - designed to help prevent criminal activity and prevent outbreak and fire spread.
4.0 OTHER MATTERIAL CONSIDERATIONS 4.1 Planning Policy Statements: 1/01 POLICY AND GUIDANCE NOTES FOR THE CONSERVATION OF THE HISTORIC ENVIRONMENT OF THE ISLE OF MAN 4.1.1 POLICY CA/2 - Special Planning Considerations
4.2 Regard will be given to the recently released Residential Design Guidance 2021 in the assessment of development on residential properties. Sections 2.0, 3.1, 5.0 and 7.0 are particularly relevant.
4.3 Isle Of Man Renewable Heating Scenarios (January 2022): 4.3.1 Key Targets: o To achieve 100% of Heating from Renewable or Carbon Neutral Sources by 2050;
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o To Develop a Fuel Sourcing Strategy (that considers the fuel requirement of each scenario alongside land requirements (especially for biomass), the technical and economic risks associated with dependency on biofuels, the demand from other sectors, and the effects of relying on indigenous production or importation); and o Ensure a Fair & Equitable (Just) Transition
4.4 Isle Of Man Future Energy Scenarios (2020), in which the Isle of Man Government launched its Future Energy Scenarios Strategy to determine the pathways to meet the following: "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."
4.5 Climate Change Act 2021 - sets out the legal requirement; "to make provision for the setting of interim targets for the reduction of greenhouse gas emissions; to make provision about the mitigation of climate change and the enhancement of natural carbon storage; to impose climate change duties on public bodies; to make provision for energy generation and energy use and for the reduction and recycling of waste; and for connected purposes".
4.6 Climate change plan 2022-2027 - Statutory document for climate change which seeks to reduce greenhouse gasses across the Island to become a carbon neutral Island by 2050 and meet interim targets of a 35% reduction in emissions by 2030 and 45% by 2035 and is expected to affect various economic, social and environmental factors.
5.0 PLANNING HISTORY 5.1 The following previous planning applications for the site are considered relevant in the assessment and determination of the current application:
5.2 PA 11/01696/B for Alterations and extension to dwelling - Approved. This scheme was not implemented.
5.3 PA 12/01370/B for Alterations, erection of an extension, porch and creation of a vehicular access and hard standing - Approved. This scheme was implemented and has resulted in the current layout and appearance of the existing dwelling on site.
5.4 PA 23/01175/C for Additional use for tourist accommodation - Approved. This proposal allowed the additional use of the existing dwelling for tourist accommodation (use class 3.6).
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 DOI Highways have noted that the proposal has no significant negative impact upon the highway network in terms of highway safety, highway operation and car parking. As such, they do not oppose the application (8 December 2023).
6.1.1 DOI Highways have further made the following comments (8 December 2023): o As speeds are low on Back Shore Road, the forward visibility retained after the Pagoda installation will be acceptable on Back Shore Road. o However, all vehicular and pedestrian gates from the site must swing inwards within the site - the site plan should be altered to accommodate this.
6.1.2 In response to the additional comment made by DOI Highways, the applicants agent has confirmed that they do not seek to alter the entrance gates and these, as these have always opened outwards (13 December 2023).
6.2 DEFA Environmental Health have made the following comments regarding the application (26 February 2024):
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o The proposed location of the air source heat pumps is on the most noise sensitive façade of the building, i.e. facing the front windows of the closest neighbouring property, i.e. Mariners House, which is approximately 8m away. The 'Proposed North West Elevation' on the drawing No. 116 entitled 'Proposed Elevations' shows the heat pumps to be screened by a timber post pagoda, which is not imperforate. Such screening would allow the passage of sound. It is recommended that the heat pumps are relocated to a less noise sensitive façade.
o They further recommend that the applicant can install a solid and imperforate perimeter treatment along the boundary with Mariners House, e.g. brick wall/solid fence, of at least 10kg/m2 surface density.
6.3 Garff Commissioners have made the following comments on the application (12 January 2024): o They note that the application site is within the Laxey Conservation Area. o They acknowledge the positive environmental benefits of such energy saving installations. o The consensus reached was that the addition of the angled panels would not be significantly detrimental in this location to warrant an objection from the Commissioners. o There were no objections to the proposed timber 'pagoda' structures.
6.4 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The fundamental issues to consider in the assessment of this planning application are; a. Impact on the Character and appearance of the site and Conservation Area (GP2(b) & (c); and b. The impact upon the amenities - Potential noise concerns (GP2g).
7.2 In terms of potential impacts on parking and highway safety, it is not considered that the proposals would result in any impacts as the scheme would not create a new access to site or introduce new parking provisions on site. This would remain as existing.
7.3 Character and appearance 7.3.1 In assessing the impact of the proposed works to the existing building, it is first considered that the proposal would not conflict with Section 18(4) of the Town and Country Planning Act which requires that special attention shall be paid to the desirability of preserving or enhancing the character or appearance of a Conservation Area in the exercise, with respect to any buildings or other land in a Conservation area.
7.3.2 With regard to the potential impacts of the proposal on the character and appearance of the site and Conservation Area, it is noted that although the property is situated within the Conservation Area, the property is relatively modern in appearance and contribute little to the character of the Conservation area given its style which does not bear the traditional elements which serve to define the Conservation Area. Notwithstanding the fact that the property is relatively modern, the building contributes in its own way to the general character of the immediate street scene. As such, it would be vital to ascertain if the proposals are in keeping with the individual building, and that any proposal does not detract from the general appearance of the immediate street scene. With this in mind it is very relevant to consider Environment Policy 35 which specifies that development within Conservation Areas will only be permitted if it preserves or enhances the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development.
7.3.3 The proposal includes the erection of a pagoda which would be noticeable from the immediate street scene due to the nature of the site boundary which comprises a low boundary wall and timber gates which would allow views to the proposed timber structure. However, it is
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considered that the proposed pagoda is an open timber structure which is fairly lightweight and appropriately modest in scale, as such it is not considered that the structure would dominate views to the dwelling or unbalance the appearance of a dwelling. There is also a moderately sized front garden which would mean that the site will retain a sense of openness when viewed from the Promenade which is the major thoroughfare abutting the dwelling. Besides, the design, scale and massing of the pagoda is sympathetic to the modern character of the building and is considered acceptable.
7.3.4 In terms of the impacts of the proposed roof mounted solar panels, it is considered that the nature of the flat roof, the siting of the building, topography of the street and positioning of adjacent buildings means that the roof slope is visible from the street. Therefore, the solar panels will be visible from street view. However, given the flat roof of the building, and the inclined position of the solar panels, it is considered that any impacts form the immediate street scene would be considerably limited, with views achievable from first floor levels on adjacent buildings to the panel's mainly private views. Thus, it is considered that the harm caused by the limited visual change is outweighed by the benefits of the proposals.
7.3.5 The proposed works to install the two ASHP's are considered to be very minor alterations to the external appearance of the property and are considered an acceptable proposal in principle. Whilst the 2 No. ASHPO units would be mounted on a side elevation, where views would be achievable, and the inclined positioned relative to the position of the road (as a result of the building's orientation), together with the small scale of the unit relative to the scale of the elevation it is attached, would ensure that they would not be incongruous features and would not dominate views from any public vantage point owing to their set-back position relative to the public highway. Moreover, these are standard electrical units which are encouraged as part of the Governments approach to net zero carbon emissions, and as has been previously noted, the ASHP cabinets are relatively small and would be inconspicuous in this location. They are considered to be acceptable and would accord with the provisions of Policy GP2 b, c, in the Isle of Man Strategic Plan 2016.
7.3.6 On balance, all these aspects of development proposed in this application development are deemed to be an acceptable forms of development that complies with those sections of General Policy 2(b) & (c) and the RDG 2019, and would not result in detrimental impacts to the character of the Conservation Area. The proposal is therefore judged, on balance, to preserve the character of the conservation area in line with Environment Policy 35.
7.4 Impact on Neighbouring amenities 7.4.1 In assessing the potential impacts of the proposal, it is considered that the level and scale of development proposed here, are considered to be relatively modest and not judged to cause harm to the neighbouring amenity.
7.4.2 Granting the proposed solar panels would be installed over a flat roof where they could create light pollution to neighbours due to the reflection they could create on sunny days, they would be installed such that their orientation would be towards the south to benefit from solar gain, and where no building is currently situated. Thus, these aspects would be considered to be compliant with the relevant sections of General Policy 2(g).
7.4.3 The proposed ASHP's also hold to potential to impact on neighbouring amenity. However, sound details provided with the application indicate that its size, type and position in relation to the nearest neighbour's windows which measures about 10.3m would result in a 29dB noise level (which is below the permitted development level), and so would meet with the general noise level indicated as being acceptable within the PDO and not considered to result in any significant adverse harm as to impact neighbouring amenity. A condition should be added in respect of the ASHP's to ensure no other model with a potential differing sound level is installed.
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8.0 CONCLUSION 8.1 For the above reasons, it is concluded that the proposal would accord with Environment Policy 35, General Policy 2 and Energy Policy 4 of the Isle of Man Strategic Plan 2016. It is expected that the character and appearance of the Conservation Area will also be preserved.
9.0 INTEREST PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land which the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
9.2 The decision-maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status.
9.3 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 Interested Person Status. __
I can confirm that this decision has been made by the Acting 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
Decision Made : Permitted Date : 11.04.2024
Determining officer Signed : A MORGAN Abigail Morgan
Acting Head of Development Management
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