DEC Officer Report

Application No.: 21/00014/B Applicant: Mr Peter Moyer Proposal: Installation of 4 external chiller units Site Address: Diamond House Westmoreland Road Douglas IM1 4AQ Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 09.03.2021 _________________________________________________________________

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.

This application has been recommended for approval for the following reason. The proposal is considered to comply with General Policy 2 and Environment Policy 22 of the Isle of Man Strategic Plan 2016 and therefore acceptable.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 11th January 2021:

• o Drawing No. 101
• o Drawing No. 102
• o Drawing No. 202 _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report THE APPLICATION SITE

1.1 The application site is "Diamond House" which is situated upon a corner plot where Westmoreland Road meets Demesne Road. The building takes up a large plot space with there being a courtyard to the front of the property and to the side of the property.

1.2 The surrounding area has a mix of uses, including car sales and workshop units, offices, retail, education, healthcare and residential. Diamond House is prominently sited on the corner of Demesne Road and Westmoreland Road, albeit that the part of the building to which this application relates fronts directly onto Demesne Road. The building has something of the appearance of an industrial unit. - 1.3 Whilst not mentioned on the application form it could be seen during the officer's site visit that the works are retrospective. THE PROPOSAL

2.1 The current planning application seeks approval for the installation of four chiller units to the North West elevation each a different size. Two of the chiller units measure approximately 1m by 1.2m and the other two chiller unit's measure approximately 0.9m by 0.8m. All the chiller units have a width of approximately 0.4m and will be away from the main wall by approximately 0.5m. PLANNING HISTORY - 3.1 There are several applications on the site of which the change of use to retail for the "Spar" part of the site was approved under PA08/02172/C. PLANNING POLICY - 4.1 The site lies within an area zoned as Predominantly Residential on the Area Plan for the East, Map 4, Douglas.

4.2 Of specific relevance to the assessment of this application is General Policy 2 of the Isle of Man Strategic Plan 2016 which 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:

• 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; g) does not affect adversely the amenity of local residents or the character of the locality;

• n) is designed having due regard to best practice in reducing energy consumption."

4.3 Due to the proposed works Environment Policy 22 of the Isle of Man Strategic Plan 2016 is relevant and states: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:

• i) pollution of sea, surface water or groundwater;
• ii) emissions of airborne pollutants; and
• iii) vibration, odour, noise or light pollution."

REPRESENTATIONS

5.1 Highway Services have No Highways Interest in this application (05.02.21).

5.2 Douglas Borough Council have considered the proposal and have no objection (02.02.21). ASSESSMENT - 6.1 The fundamental issues to consider within this assessment is whether there is sufficient need for the proposed units and whether they would impact the character and appearance of the area/ impact neighbouring amenity.

6.2 When looking at the proposed external chiller units it is reasonable to ascertain that the current retail use within the site would require them in order to display units of food and non-hot drinks at a fairly cold temperature, the units are not something which would be out of place within a retail unit for the sale of cold food.

6.3 Whilst not shown on the original application it can be seen upon the 2010 Google Maps that there were two chiller units in situ and that the proposed chiller units will be replacing these. - 6.4 The area itself has a slight industrial feel with there being several different uses surrounding the site from children's school to car repair garage as such whilst the chiller units themselves are large in size and noticeable they should not impact upon the overall character and appearance of the area. - 6.5 With regards to Environment Policy 22, during the officer's site visit the chiller units were in use and there was a minimal sound coming from them, add on the fact that the area due to the surrounding uses would have a certain level of volume there should be no impact on the neighbouring properties amenities.

CONCLUSION

7.1 For the above reasons the proposal is considered to comply with General Policy 2 and Environment Policy 22 of the Isle of Man Strategic Plan 2016 and therefore acceptable. INTERESTED PERSON STATUS - 8.1 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 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.

8.2 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

I can confirm that this decision has been made by a Principal Planner 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: 10.03.2021 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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