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21/00590/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00590/B Applicant : Corlett Bolton Administration Services Proposal : Installation of replacement windows, door, and air source heat pump Site Address : 48 Michael Street Peel Isle Of Man IM5 1HD
Planning Officer: Mrs Vanessa Porter Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 09.08.2021 __
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.
C 2. The only model of the Air Source Heat Pump can be installed is the Ecodan Monobloc Standalone PUHZ-SW40-120VHA
Reason: To ensure the development is implemented according to the plan submitted and in the interest of protecting amenities of neighbouring property.
C 3. The Air Source Heat Pump must be installed according to the plans and supporting information and must be maintained as such 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 proposal is considered to accord with General Policy 3, General Policy 2, Environment Policy 1, 2 & 35 and Energy Policy 4 of the Isle of Man Strategic Plan, as well as wider Government climate change strategy and Planning Circular 1/98 and is recommended for approval.
Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 24th June 2021:
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o Site/Location Plan which shows distance to neighbour properties window. o MCS Calculation o Details on the ASHP o Drawing No. 4551/windows 1 Rev A
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Interested Person Status - Additional Persons
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Officer’s Report
THE APPLICATION SITE 1.1 The application site is within the curtilage of 48 Michael Street which is a traditional three storey mid terraced property situated West of where Michael Street meets Factory Lane meets Atholl Place. To the rear of the property is a small rear yard.
1.2 The property has had several uses with the most recent change of use from a shop on the ground floor and residential above to offices.
1.3 It could be seen during the officer's site visit that the proposed window replacements had already been done, with the stained glass panels still being in place and that the replacement door to the rear had been done with the juliette balcony.
THE PROPOSAL 2.1 The current planning application seeks approval to install an air source heat pump (ASHP) to generate renewable heating for the dwelling. The air source heat pump would be 0.95m wide, 0.42m deep and under 0.94m in height. The ASHP will be situated to the South West of the site situated 1.6m above ground level and approximately 0.2m above the existing yard boundary wall.
2.2 Noise levels provided by the product specifications submitted indicate that the noise emitted by the unit would be 51dB @ 1 metre.
2.3 The windows to the side elevation on the first and second floor are to be replaced with like for like in uPVC with the stained glass to be re-used or replicated within the windows to the first floor level.
2.4 Also proposed is the replacement of a timber door to the rear with a uPVC replacement with a glazed upper panel and a juliette balcony.
PLANNING HISTORY 3.1 There are several applications on the site of which PA19/01299/C is the most relevant and was for, "Change of use of ground floor shop (Class 1) and first floor residential to office (Class 4), which was Permitted.
PLANNING POLICY 4.1 The site lies within an area zoned as "Mixed Use" on the Peel Local Plan 1989. The site is within a Conservation Area but not a Flood Risk Zone.
4.2 With reference to the proposed works due to the property being in a conservation area the most relevant Strategic Policy is Environment Policy 35 which states: 'Within Conservation Areas, the dep The application site is also within a Conservation Area and as such Environment Policy 35 is a crucial policy: "Within Conservation Areas, the Department will permit only
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development which would preserve or enhance the character of appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." This echoes the provision of Planning Policy Statement 1/01, policy CA/2, which states: "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application.
4.2 AIR SOURCE HEAT PUMP 4.2.1 When looking at the Air Source Heat Pump, in terms of Strategic Plan (2016), paragraph 12.2.8 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. The idea of a wind turbine Installation is currently being investigated and considered by the Manx Electricity Authority. Any feasible site is likely to be exposed and have considerable visual impact. There may also be other impacts such as noise. On a smaller scale, the popularity of domestic wind turbines has been increasing in recent years in response to rising energy prices and increasing awareness of climate change. Planning applications for domestic wind turbines are unlikely to require the submission of an Environmental Impact Assessment. The Department will assess any proposals for wind turbine installations by weighing the benefits of using such renewable energy sources against the environmental impact arising in any particular site. It is likely that the visual impact would be less detrimental on a coastal site than on a rural or upland one.
4.2.2 Accordingly it is required to assess Energy Policy 4 of the Isle of Man Strategic Plan 2016, which 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."
4.3 WINDOWS 4.3.1 Of specific relevance for the replacement of the windows is Planning Circular 1/98: The Alteration and Replacement of Windows Sets which states; Category b) Buildings in a Conservation Area "if the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be readily visible from a public thoroughfare MUST HAVE THE SAME method of opening as the originals. Whatever the material used in their construction, the windows MUST HAVE THE SAME pattern and section of glazing bars and the same frame sections as the original windows. Windows not readily visible from a public thoroughfare must have the same or similar pattern of glazing bars as the originals, but not necessarily the original method of opening, whatever the material used in the construction."
4.4 There are a number of other relevant policies, as summarised below,
General Policy 2 sets out general 'Development Control' considerations of which the relevant parts for this application would be where the proposed ASHP would adversely affect the character of the area, the possible impact on the neighbouring amenity of the closest neighbours and the wider environment.
Environment Policy 22 seeks to protect the environment and quality of life of neighbouring properties.
REPRESENTATIONS 5.1 The following representations can be seen online in full;
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5.2 Highway Services have considered the application and state, "After reviewing this application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and/or parking. The applicant is advised that a licence may be necessary for the positioning if equipment and materials in the highway." (07.06.21).
5.3 No comments have been received from Peel Town Commissioners at the time of writing this report.
ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are;
6.2 PRINCIPLE 6.2.1 When looking at the principle of the proposal the Strategic Plan and the Climate Change Strategy Bill encourages the provision of renewable energy of which Air Source Heat Pumps would be within this, as such the proposed ASHP would be supported within GP2 and EP4 and is considered acceptable in principle.
6.3 CHARACTER AND APPEARANCE OF THE AREA 6.3.1 Whilst the principle of the development is acceptable it is necessary to look at whether there would be an impact on the Conservation Area as per Environment Policy 35. When looking at the works they are situated to the rear of the property which has very minimal public vantage points with the only one being to the side road along Atholl Street that goes to Close Beg. As such the proposed works would not affect the Conservation Area as a whole or the overall streetscene.
6.4 NEIGHBOURING AMENITY 6.4.1 When looking at potential noise impact, the sound pressure level of the proposed heat pump is expected to be between 45-60 dBA. When putting this into retrospect similar noise generated by light traffic comes in at 50dB, 60dB is noise impact of a normal conversation or a washing machine. Whilst everyone is different most people will not be annoyed by activities with LAeg levels below 55dB, however sound pressure levels during the evening and night should be 5-10 dB lower than during the day.
6.4.2 During the night an air source heat pump could potentially be a noise nuisance, especially due to background noise levels being lower. The World Health Organisation (WHO) has guidance for noise and the disturbance it can cause and states that both continuous and intermittent noise can lead to sleep disturbances and the more intense the background noise the, the more disturbing is its effect on sleep with the measurable effects on sleep starting at a background noise level of about 30 dB LAeq.
6.4.3 The WHO guidelines further state that, "In dwellings, the critical effects of noise are on sleep, annoyance and speech interference. To avoid sleep disturbance, indoor guideline values for bedrooms are 30 dB LAeq for continuous noise and 45 dB LAmax for single sound events. Lower levels may be annoying, depending on the nature of the noise source... At night, sound pressure levels at the outside façades of the living spaces should not exceed 45 dB LAeq and 60 dB LAmax, so that people may sleep with bedroom windows open. These values have been obtained by assuming that the noise reduction from outside to inside with the window partly open is 15 dB."
6.4.4 When looking at the possible noise disturbance raised by the proposed ASHP, whilst there is no guidance or standards within the Isle of Man Legislation that cover noise level matters from equipment such as ASHP's, Permitted Development has been approved and as such an applicant can install an ASHP without formal planning permission if the unit does not result in
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an noise level exceeding 42 dB LAeq 5 mins (with conditions). This is the same as the permitted development within England and Scotland.
6.4.5 The Permitted Development Amendment Order 2020 states, "LAeq 5 mins means the A weighted equivalent continuous sound pressure level over 5 minutes when measured at 1 metre external to the centre point of any relevant door or window to any neighbouring building as measured perpendicular to the plane of the relevant door or window." To better understand what the LAeq 5 mins for the neighbouring property would be guidance was sought from the English and Scottish Permitted Development which must comply with the conditions within the Microgeneration Certification Scheme Planning Standards (MCS020).
6.4.6 The applicant has filled in the MCS020 assessment which is used to ascertain what the dB(A) would be for the closest assessment position which for the assessing of this application which are the windows situated within No.46 Michael Street which is situated to the North West of the ASHP. The final calculation of this assessment came out at 40dB(A) which is 2dB(A) less than the highest dB(A) of 42 dB(A). The officer has also done this calculation to corroborate the information given and has come out with the same final calculation.
6.4.7 It is also relevant to note that due to the properties location within the Peel Town Centre it is close by to takeaways, pubs which will all create a general noise of most hours.
6.5 WNDOWS 6.5.1 When looking at the windows proposed in the rear, as stated in part 1 of this report, the windows, door and Juliet balcony had already been done retrospectively. The main concern arising from the works due to them being a like for like replacement was with regards to the stained glass to the upper parts of the first floor windows. As these windows have been replaced and the stained glass is within them, there is no need to condition their replacement.
6.5.2 Turning towards the proposed Juliet balcony to the rear, whilst it is noted that that this could potential increase the overlooking to the rear gardens of the properties to the South of the property, this is replacing an already existing door which would have had its own overlooking associated to it. As such the installation of a Juliet balcony should not increase the overlooking of the surrounding gardens.
CONCLUSION 7.1 The proposed ASHP would accord with GP2 (n) in respect of non-renewable energy consumption and the general support in the Strategic Plan for the installation of renewable energy installations as set out in EP4, whilst working with the Climate Change Strategy Bill. There will be a background noise generated from the unit but it's expected that the noise levels and impact will be low and not likely to have a detrimental impact on the living conditions or amenity of No.46 Atholl Street and as such the proposal is recommended for approva
7.2 The proposed will comply with Environment Policy 35 and Planning Circular 1/98 and is acceptable.
INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
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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 in Article 6(4) 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: 13.08.2021
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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