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15/00262/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 15/00262/B Applicant : Netcetera Limited Proposal : Alterations and installation of air conditioning units to commercial building Site Address : Netcetera The Dataport Balthane Ballasalla Isle of Man IM9 2AP
Case Officer : Miss Melissa McKnight Photo Taken :
Site Visit : 27.03.2015 Expected Decision Level :
Officer Delegation
Officer’s Report
1.0 THE APPLICATION SITE
1.1 The application site is the curtilage of a tall industrial building located within The Dataport, Balthane, Ballasalla. The application building sits on the north eastern side of the roadway.
1.2 To the north east, south east and south west of the site are other industrial type buildings and office buildings. Further south of the application site is Ronaldsway Airport.
2.0 THE PROPOSAL
2.3 The planning application seeks approval for the installation of four air conditioning units each having four fans, along the south eastern elevation. Also proposed are a number of internal alterations.
2.2 Each air conditioning unit would project 4.7 metres from the south eastern elevation of the application building. The total width of the units would be just less than 5.2 metres with a height of 4.8 metres.
2.3 The units have a noise range of 86 - 94dB.
3.0 PLANNING HISTORY
3.1 The application site has not been the subject of any previous planning applications.
4.0 PLANNING POLICY
4.1 In terms of local plan policy, the application site is in an area zoned as Freeport under the Area Plan for the South 2013.
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this current planning
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15/00262/B
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application:
General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."
5.0 REPRESENTATIONS
5.1 Malew Parish Commissioners do not object to the current planning application (07/04/2015).
6.0 ASSESSMENT
6.1 The fundamental issues to consider in the assessment of this application are the impacts upon the visual amenity of the area and impact upon neighbouring amenity with regards to noise and appearance.
6.2 The application site is located to the south east of the A3 which has dense planting along the south eastern side to the Freeport and as a result, the application site building is not visible from the A3. As one enters the Freeport the application building is wholly visible. There is a section of hedging that forms part of the south western boundary of the site. This boundary treatment would assist in partially screening the air conditioning units and as one travels towards the application site there would be minimal, distorted views of the air conditioning units.
6.3 Views of the air conditioning units would be attainable from the building to the south east of the application site and from the buildings and roadway situated to the east of the application building. From these vantage points it is likely that the units would be visible in their entirety. It is judged that the planning balance lies between the harm that the unit would have on the users of the Freeport and the benefits that the unit would bring to the users of the building.
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6.4 It is not uncommon for such buildings to have air conditioning systems and the units proposed under this scheme reflect the function to which it will be put. Where some buildings can house such equipment on roofs, out of site, this is not an option for this building. It is judged that the proposed positioning is the best available. Whilst the units would be visible from some areas of the Freeport, it is judged that they would not appear as incongruous features on such a building or within a particular locality and therefore would unlikely unduly harm the amenity of the users and visitors of the Freeport.
6.5 It is now imperative to consider the impacts of the noise generated by the system and whether this would cause a nuisance to the other users and business of the Freeport. The system would operate at 86 - 94dB. This is equivalent to a HGV at 15 metres or to a food blender at 3 metres at maximum. Given the proximity of the airport and the A3 and the associated sounds related to each, the sound levels produced by the air conditioning units are considered acceptable and would not be judged not to have a harmful or damaging impact on those within the locality.
6.6 Overall the development is not judged to cause undue harm to public or private amenity of those using and working in nearby buildings to the application site building. The air conditioning units would improve the health and safety of the workers and would provide a working facility with acceptable air conditioning.
7.0 RECOMMENDATION
7.1 It is concluded that the planning application accords with the provisions set out in General Policy 2 of the Isle of Man Strategic Plan 2007 and as it is recommended that the planning application be permitted.
8.0 PARTY STATUS
8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure) (No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application, Highway Services, and the Local Authority in whose district the land the subject of the application sits.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 09.04.2015
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
C 1.
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15/00262/B
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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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
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This approval relates to DRAWING No 01, 02, 03, 04, 05 and 06 date stamped as received 6th March 2015.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.
Decision Made : Permitted Date : 10.04.2015
Determining officer (delete as appropriate)
Signed :... Chris Balmer
Senior Planning Officer
Signed :... Sarah Corlett
Senior Planning Officer
Signed : Michael Gallagher Michael Gallagher
Director of Planning and Building Control
Signed :... Jennifer Chance
Head of Development Management
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