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Due to the nature of the development, it is considered that the application ought to be determined by the Planning Committee.
The application site represents the existing curtilage of the "Sunken (Rockery) Gardens" on the Loch Promenade in Douglas. This garden area is located towards the southern end of the Loch Promenade, opposite the Claremont Hotel.
This planning application is seeking approval for alterations to this public garden. The alterations would consist of removing the existing paving and replacing it with recycled eco blocks, with recycled sandstone bordering the central paving, together with an outer border 400mm wide, made from recycled glass gravel and stone edging. At various points along the glass gravel area there would be light junction boxes installed 300mm x 200mm.
Within 10m of the two entrances of the sunken garden there would be two wind turbines (model type - WS-0,30B), mounted on 10m high poles, at the centre of a small circular garden area. Adjacent to each of the wind turbines there would be a recycled bicycle, which would power a variety of lights within the garden (proposal would be used as a power generating bicycle).
The application site is located within the Promenades Conservation Area in Douglas which is zoned as an area of "Public Open Space" under the Douglas Central Local Plan adopted by Tynwald in 1998. Within the adopted Isle of Man Strategic Plan, General Policy 2 is considered relevant and 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:
Environment Policy 35 is also considered relevant and states;
"Within Conservation Areas, the Department will permit only development which would preserve or enhance 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".
Energy Policy 4 states:
"Development involving alternative sources of energy supply, including wind, water and tide power, and the use of solar panels, will be judged against the environmental objectives and policies set out in this Plan. Installations involving wind, water and tide power will require the submission of an EIA".
The following previous planning applications should be considered relevant in the assessment of the current planning application:
REPRESENTATIONS The Douglas Corporation have no objection with the proposed development. The Department of Transport Highways Division do not oppose it has no traffic management, parking or road safety implications.
Disability Access Officer has commented on the proposal. The officer thinks this looks a good project but it must ensure that the handrails on both sides of the ramp and the steps are no less than 1-12 steep and that the glass gravel is compacted for a firm finish.
Manx Electricity Authority has commented with their standard reply notes for planning applications in regards to the proposed works located next to underground and overhead lines and the applicant must contact the Electricity Authority to discuss working practices around the cables and lines.
The owner and / or occupier of 37 Hutchinson Square, Douglas (Mrs C Pover) has objected to the proposed alterations and erection of the wind turbines on the following grounds:
The Isle of Man Victorian Society has objected to the proposed development on the following grounds:
1 December 2009
The owner and / or occupier of 22 Ballaughton Manor Hill, Douglas has objected to the proposed application on the following grounds:
After undertaking a visit to the site and after discussions with the Conservation Officer, the proposed resurfacing and furniture within the sunken garden are all considered to be acceptable as they respect the site and the Promenades Conservation Area. The design and basic layout of the garden would remain relatively the same with the proposed sandstone paving; recycled glass gravel and stone edging to be laid randomly, and with a levelled surface, which would be more aesthetically pleasing, more beneficial for wheelchair users and reduce problems with drainage.
The proposed disabled access into the sunken gardens would also be acceptable, with the ramp to have a fall of - 1 in 12.5 (similar to the recommendation from Disability Access Officer). As such, the proposed redevelopment would compliment the garden, without adversely affecting the character and appearance of the conservation area.
The main issue for consideration is the impact the two wind turbines would have upon the surrounding area, their associated noise and potential hazard.
The siting of the wind turbines on this coastal, built up urban area, would be the optimum position for such a proposal, as they would promote sustainability, whilst ensuring they provide sufficient power for their on-site use. With the masts to be 10 m in height; the rotor measuring 1000 mm (L) x 300 mm (W); this turbine model (WS-0,30B) would be reasonably scaled and would impact on the surrounding environment considerably less than a typical wind turbine would. The aesthetic appearance of the wind turbines are considered to be similar to the street lights which border the garden to the west (due to the similar width and height). This, together with the drop in ground level from the Loch Promenade to the Sunken Garden; would reduce the visual intrusion and prominence of the structures on the locality and make these installations an accepted element within the townscape. It is judged that the proposed development would enhance this area of the Loch Promenade without appearing incongruous nor disrupt significant viewpoints within the Promenades Conservation Area.
The perception that the wind turbines may produce high levels of noise to exceed human tolerance is inaccurate and would not be considered a problem. This is due to their scale and their low noise levels which they emit, against the high levels of background noise from this busy urban area of the Loch Promenade. This is further supported by the Technical Data Sheet (produced by the applicant) which states that the proposed sound emission of the turbines would be 0 dB which demonstrates that the noise levels would not raise above background levels during the day or night. As such, it is judged that the turbines would not have a demonstrably harmful impact upon visitors to the public garden or to the amenities of residents situated in the vicinity, by reason of noise.
The potential for the turbines to distract road users would not be greater than any other distractions a driver faces and should not be considered particularly hazardous. The rotor would not appear intrusive or dominating within the locality, to constitute an unacceptable traffic hazard nor would they
affect traffic flows on the local highway. The lack of opposition from the Department of Transport Highways Division is taken as further evidence that the proposal should not cause undue harm to any road user.
The proposed renewable energy development such as this is more than capable of being accommodated in urban as well as rural areas and as this small scale wind project would power the on-site lighting boxes, its small but measurable contribution to energy efficiency through the use of renewable energy sources, should be encouraged more regularly.
RECOMMENDATION
For these reasons the proposed development would seem appropriate in this location and comply with the relevant planning policies and therefore my recommendation is for an approval.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
Accordingly the following parties, that made representations, do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
Recommendation Recommended Decision: Permitted Date of Recommendation: 17.11.2009 Conditions and Notes for Approval / Reasons and Notes for Refusal
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval relates to the submitted Drawings BE & S/09/0404/1001 A, BE & S/09/0404/1002 A, BE & S/09/0404/1003 A, Turbine Detail and Photograph all received on 21st September, 2009.
1 December 2009 09/01542/B Page 5 of 6
C 3. No development shall take place until samples of the colour(s) to be used in the construction of the wind turbines hereby permitted have been submitted to and approved in writing by the Planning Authority.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005 Decision Made : Committee Meeting Date : Signed : Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
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