**Document:** Officer Planning Report
**Application:** 10/01219/GB — Sub-division of building to provide a community facility on the ground floor and offices or community facility on the first floor (in association with 10/01220/CON)
**Decision:** Permitted
**Decision Date:** 2010-12-13
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/36853-braddan-former-red-cross/documents/1358532

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# Officer Planning Report

## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export]

### Officer's Report

#### The Site

The application site is a corner plot situated on the junction of Derby Road and Park Road. The building, added to the Protected Buildings Register on 23rd March 2007, is a substantial two storey red and contrasting grey brick, former Methodist chapel with a prominent spire marking the junction on the corner. The building was used by the British Red Cross. The application site is located within the Woodbourne Road Conservation Area.

To the north of the application site is a nursery located within 1A Park Road. To the west of the application site are a block of residential apartments of Millennium Court.

## The Proposal

The application is seeking permission to sub-divide the building to provide a community facility on the ground floor, particularly for use as a practice facility and rehearsal hall for brass bands; while, the first floor may be used either as a community facility, for example for similar performing arts purposes or as day nursery, or offices.

The proposal will involve some minor internal alterations including the installation of a new acoustic wall with associated access doors to form a protected corridor, the installation of uprated doors to the North West Lobby and Entrance/Exit within the Ground Floor of the Spire and the erection of a partition and associated fire/sound proofing door to the North West staircase.

### Planning Status And Relevant Policies

Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 2, Environment Policies 33 and 35, Business Policy 7, Community Policy 2, Transport 7

Environment Policy 33 states that "The change of use of Registered Buildings will only be permitted if the proposed use is inappropriate and any alterations associated with the change are not detrimental to its character as a building of special architectural or historic interest."

Environment Policy 35 states that "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."

Business Policy 7 states that "New office floor space should be located within town and village centres on land which is zoned for the purpose on the appropriate area plan; exceptionally, permission may be given for new office space
- (a) on approved Business Parks for Corporate Headquarters which do not involve day to day callers; or
- (b) in buildings of acknowledged architectural or historic interest for which office use represents the only or most appropriate practicable and economic way of securing future use, renovation and maintenance."

Community Policy 2 states that "New community facilities should be located to serve the local population and be accessible to non-car users, and should where possible re-use existing vacant or underused buildings."

Transport Policy 7 states that "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."

### Planning History

There have been previous applications on the site which are considered relevant in the determination of the applications:

06/02042/B - Demolish existing building and erection of a building comprising 6 two bed apartments, 2 one bed apartments and 10 on site car parking spaces - Application refused at Appeal

98/01888/ B - Installation of uPVC windows to replace existing to first floor lecture hall - Application refused

88/04536/B - Additional office and entrance lobby extension - Application Permitted

### Representations

Douglas Corporation has no objection to the application.

Highways Division of the Department of Infrastructure do not oppose the application. The owners of 1A Park Road (Park Road Baby Unit) have objected to the application on the following grounds: 1) the use will cause damage to the use of their building and that they are entitled to free peaceful enjoyment of their building around the clock, 2) oppose any change of use which deviates from the noise and activity levels associated with existing use as "Offices", 3) the description of development is misleading - it is self evident that the underlying objective of the application is a Brass Band Practice Hall, 4) There is a lack of parking spaces in the area and there is no spare capacity for extra parking for up to 60 band members, 5) concerned about noise transmission from the Red Cross building into their building, 6) The noise limit levels depart from the Environmental Protection Officer's report, 7) The time restriction conditions are a material departure from the stated hours in the application.

The Registration and Inspections Unit of the Department of Social Care wishes to receive information and subsequent outcomes regarding the application.

The occupier of Flat 2, 66 Derby Road has objected on the following grounds: 1) Lack of parking availability within the locality during evenings and weekends, 2) the proposed overflow car parking at Park Road School and the Bowling Green Pub will not ease the situation, as the school will be closing down in the next few years and may well be sold off for redevelopment. The Bowling Green Pub already has signs up warning about non-customers using their car park. This does not sound like that they would be willing to have up to 60 extra cars using their premises on a regular basis.

## Assessment

The principal issues in assessing this application are a) Land use, b) Parking provision and c) the impact on neighbouring properties. The following paragraphs deal with these issues in the above order, followed by consideration of other matters of detail.

### Land Use

The primary use of the building will be used as a community facility, particularly as a particularly for use as a practice facility and rehearsal hall for brass bands on the ground floor; while, the first floor may be used either as a community facility or offices.

In respect of the community facility, the use of the building for community uses is an use ideally suited to this type of building and makes use of a vacant building, which is registered. The proposed use will bring a registered building back into use and will secure the long term future of the building.

In respect of the office use, the relevant policy for consideration is Business Policy 7 of the Isle of Man Strategic Plan 2007. The policy deals with new office space, which could include applications involving a change of use of existing buildings into office uses and not just new build developments. Paragraph 9.3.3 of the Strategic Plan states that "The Department has supported the location of offices in town and villages centres for several reasons:
- (a) such centres are accessible to all members of the community, staff and alike;
- (b) the activity and range of services contribute to the vitality and success of the centres; and
- (c) the investment in property can be used to renew the ageing fabric of our town centre buildings."

Business Policy 7 requires new office space to be located on land which is zoned for the purpose in the appropriate area plan. The relevant area plan in this instance is the Douglas Local Plan 1998, which zones the site as predominantly residential. The proposed uses are more ideally suited to a town centre location or areas zoned for office use and not within an area zoned for predominantly residential.

Business Policy 7 does allow exceptions to where office space can be provided outside town and village centres. These include areas approved as business parks or buildings of acknowledged

architectural or historic interest where office use represents the only or most appropriate practicable and economic way of securing its future use. The building is of architectural and historic interest, as the building is a Registered Building, and therefore this exception to the policy can be applied to allow the proposed use to operate from the building. Furthermore, the building has been used previously as the Headquarters of the Isle of Man branch of the Red Cross, which is well established. The continued use of the building as offices on the first floor is deemed to be acceptable in the context of the planning policy and the existing established use of the building.

## Parking Provision

Since the application is proposing a couple of uses for the building. It is appropriate to assess what the parking provision would be for the different uses.

The first scenario is a community facility on the ground floor and an office use on the first floor. The gross floor area of community facility would be 261.8 sq m . This would equate to a requirement for 17 parking spaces. The net floor area of the first floor is 145.22 sq m . This would equate to a requirement for 3 parking spaces.

The second scenario is the whole building being used as a community facility. The gross floor area of building is 532.95 sq m . This would equate to a requirement for 36 parking spaces. This is the worst case scenario that could operate from the site. The area is within the controlled parking area of Douglas, with 2-hour disc zones on the surrounding streets operating from 8am to 6 pm . The east side of Park Road is a school bus zone during term times. The bands use of the building would fall generally outside the hours of parking restrictions. In addition there is a detached garage and parking apron on the site for up to 6 cars.

The applicant's have indicated that they have had discussions with representatives of Park Road School to enable use of the playground for parking, towards which they are supportive. Close by there is also the Bowling Green public house car park, use of which may be negotiated with the owners if felt necessary but which is not been pursued by the applicant at the moment. It should be noted that the Planning Authority could not impose a planning condition requiring the applicants to provide parking at either of these sites, as the sites are not in the ownership of the applicant.

The applicant has also indicated that many of the band members live locally so would likely walk to rehearsals. However, the Manx Youth Band tends to be more a case of parents dropping off and picking up youth band members, so the traffic movement is effectively event driven, with little associated parking of any duration. They also indicate that Park Road is one way which makes dropping off and picking up safer process than a two way street.

The parking standards of Isle of Man Strategic Plan states that "These standards may be relaxed where development:
- (a) would secure the re-use of a Registered Building or a building or architectural or historic interest; or
- (b) would result in the preservation of a sensitive streetscape; or
- (c) is otherwise of benefit to the character of a Conservation Area.
- (d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality.

There are concerns about the lack of parking within the area. However, the Highways Division have advised that they do not oppose the application as it raises no traffic management, parking or road safety implications. Furthermore, it is considered that car parking standards are more suited to new build development as compared to building conversions. It is considered the car parking standards should be relaxed in this instance as the proposal would secure the re-use of a Registered Building and the proposal does not raise an objection from the Highway Authority.

The main issue here is noise transmission to adjacent properties namely, 1A Park Road (St Thomas Church Hall) and Millennium Court. St Thomas Church Hall is currently in commercial use as a nursery. The owners of the building have objected to the application so as to protect the building from noise disturbance.

A noise report prepared by the Environmental Protection Unit details noise measurements taken during two band practice sessions simultaneously at source and various positions inside and outside the building, as well as inside the nursery at St Thomas Church Hall.

The report in summary states:

## "Millennium Court

Following sound level measurement by the Environment Protection Unit during a band practice on 28th July 2010 initially concern was sound transmission to the closest residential neighbouring building Millennium Court. The principal sound transmission pathways were determined as airborne sound through air vents and structural transmission through windows overlooking Millennium Court. These were subsequently boarded using timber boarding and mineral wool type material which resulted in a sound reduction of approximately at the windows. However, this only resulted in a reduction of at Millennium Court which is probably due to significant noise propagation through the kitchen ventilation extracts in the windows and air gaps around the doors. It is likely further reduction could be achieved by acoustic glazing of the windows on the ground floor adjacent to Millennium Court including kitchen windows." "It is recommended that noise levels do not exceed 50 dB LAeq at the facade of Millennium Court to provide reasonable protection from noise nuisance although 40 dB LAeq would provide good resting/sleeping conditions at Millennium Court. This is likely to require a sound reduction of 40/50 dB by windows respectively. Existing windows with boarding provide a sound reduction of ." "St Thomas Church Hall Subsequently concern was raised about the noise sensitivity of St Thomas Church Hall, which is semidetached to Red Cross House. There is currently a nursery at St Thomas Church [Hall] where babies and young children sleep during the day. Further sound measurement was undertaken on 11th August 2010 which indicated noise levels within the nursery were at a level which may according to guidance from the World Health Organisation cause sleep disturbance. It is recommended that sound insulation is increased to reduce sound transmission by at least 20dB, including at low frequencies ( Octaves) to reduce noise levels to below 30dB LAeq inside St Thomas Church Hall. Background noise was measured as 30 dB LA90 inside St Thomas Church Hall. At 30 dB LAeq noise is not likely to be considered a statutory nuisance but brass band music would still be audible at times." "The applicant proposes to install internal acoustic wall and doors with sound insulation and selfclosing mechanisms as detailed in drawing RCB 03 to reduce noise to the nursery." "Although the proposed acoustic wall may reduce noise levels to below 30 dB LAeq at St Thomas Church Hall the Environmental Protection Unit is concerned, as the partition wall between the Red Cross House and St Thomas Church Hall already provides nearly 50 dB attenuation, that due to flanking transmission of sound (i.e. through the windows, other walls and the floor) installation of the proposed internal acoustic wall may not be completely effective. An acoustic booth is proposed as an additional measure should the proposed internal acoustic wall not provide sufficient sound attenuation."

Following further discussion between a representative of the applicant and the Environmental Protection Officer, the Environmental Protection Officer has provided further advice regarding appropriate planning conditions, which is as follows:

"I would not recommend a sound insulation requirement as this may overcomplicate matters as this is not a new build but a conversion, although it would probably suit the recommended planning criteria of PPG 24 better. A sound insulation requirement would require design and testing by an acoustic consultant. Sound insulation does not need to be uniform throughout the building but focussed in the direction of noise sensitive premises adjoining (St Thomas Church Hall) and adjacent (Millennium Court). It would be difficult to predict accurately the effect of works proposed due to potential flanking noise transmissions. Ultimately it is the noise level resulting in noise sensitive premises which is the important factor." "Consequently I would recommend a noise limiting condition; you may also want to prohibit band music at night:

1. Before the use commences / within x months, Red Cross House shall be sound insulated to ensure noise emitted inside the building from music does not exceed:

St Thomas Church Hall - Measured Internally

- Daytime/night-time 30 dB LAeq, 5 minute (good resting/sleeping conditions)
- Daytime (0700 - 2300 hrs) 35 dB LAeq, 1 hour (reasonable resting/sleeping conditions; good conditions for study and work requiring concentration)

Neighbouring noise sensitive premises (Millennium Court) - Measured at the External Facade

- Daytime (0700 - 2300 hrs) 50 dB LAeq, 1 hour (reasonable resting/sleeping conditions) [equivalent to  internally]
- Night-time (2300 - 0700 hrs) 40 dB LAeq, 5 minute (good resting/sleeping conditions) [equivalent to  internally]"
"You could require a sound insulation scheme to be submitted but unfortunately sound insulation is not an exact science especially on conversions so until the works have been tested their effectiveness cannot be guaranteed. I could not say whether the proposed acoustic wall would be sufficient or an acoustic booth would be additionally required which is a risk for Manx Concert Brass."
"The condition is based on a recommended format from PPG 24: Planning and Noise and the noise levels guidance from BS 8233: 1999 'Sound insulation and noise reduction for buildings', as per my report. Noise levels of 30 dB LAeq, 5 minute would be clearly audible inside St Thomas Church Hall as this is above background noise levels of  LA90, for inaudibility noise levels would need to be  below background noise levels which is not likely to be reasonably achievable."

A representative of the applicants has stated that "I can advise you that our organisation would progress works necessary to achieve recommended guidelines expeditiously. His suggested conditions should assist everyone in achieving the desired outcome. We would however, be faced with a serious predicament should the use of the premises for rehearsals be prohibited at night. Bearing in mind that during our 'testing period' there has not been any complaints about noise from residents in the near vicinity; and St Thomas Church Hall is not used after 6.30pm."

On further reflection of the proposed condition, further advice has been sought from the Environmental Protection Officer about the clarity of the condition. It was suggested that the noise condition be worded as follows: "There shall be no use of the building prior to 6.30 pm at night, until such time as the building is sound insulated to ensure noise emitted does not exceed;

i) 30dB LAeq between the hours of 2300-0700 measured within St Thomas Church Hall; and ii) 35dB LAeq between the hours of 0700-2300 measured within St Thomas Church Hall; and iii) 40dB LAeq between the hours of 2300-0700 measured at the external façade of Millennium Court; and iv) 50dB LAeq between the hours of 0700-2300 measured at the external façade of Millennium Court."

Furthermore, it was suggested that an additional condition restrict the times of the premises should operate, i.e. the premises shall not open between the hours of 2300 and 0700. This would negate paragraphs i) and iii) from the above condition.

However, the Environment Protection Officer recommended adding measurement time intervals as specified in BS 4142 - 5 minutes night-time \& 1 hour daytime, for LAeq into the conditions He also commented that that "without night time restriction condition as worded the condition imposes no noise limit until building is used prior to 6.30 pm ." This would not be the case. The conditions would restrict when the building can be used and controls the noise emitted from the building during those times. If the building were used outside the suggested time restrictions, the use would be unlawful due to a breach of a planning condition.

The objectors are concerned that the time restriction conditions are a departure from the times and hours stated in the application by the applicants. It should be noted that the applicants have not specifically provided times and hours on how the overall building will be used. The applicants have indicated how they intend to use part of the building, which is generally in the evenings and weekends only. The proposed hours would ensure the uses would not adversely affect the residential environment of the locality but also maximises the use of Registered Building. If the hours of operation were to be restricted, the running costs of the building may become uneconomical as the building would not be used to its full potential.

Subject to appropriate conditions regarding noise levels and operational hours, it is considered the use would not adversely affect the residential amenity of Millennium Court and would not adversely affect the amenity of the nursery at St Thomas Church Hall.

## Conservation Officers Report

As the property is located within the Woodbourne Road section of the Upper Douglas Conservation Areas and is a Registered Building (RB 244) the content of this application has been considered with particular regard to Policy CA/2 SPECIAL PLANNING CONSIDERATIONS of Conservation Areas and POLICY RB/5 ALTERATIONS AND EXTENSIONS as set out within Planning Policy Statement 1/01Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man.

These works are intended to provide both better fire protection to the occupants and better sound reducing properties as the Ground Floor space is intended for Brass Band practice.

In considering the impact of these works on the character of the Registered Building, it is necessary to consider the significance of the fabric to which these works impact upon. Internally, there is very little historically or architecturally significant fabric. The works outlined within this application will only have an impact on the relatively modern fit out which took place sometime in the 1980's or 1990's and are therefore of little concern.

Using the building for Brass Band practice is a use ideally suited to this type of building. In conclusion, these works will not impact detrimentally on the character of the Registered Building and are therefore acceptable.

### Recommendation

It is recommended that planning permission be granted subject to conditions in the attached schedule

## Party Status

The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered an "interested person" and as such should be afforded party status.

The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

The Owner of 1A Park Road and the occupiers of Flat 2, 66 Derby Road have commented on planning matters and as such should be afforded party status in this instance.

Registration and Inspections Unit of the Department of Social Care have not formally commented on the application and as such should not be afforded party status in this instance.

### Recommendation

Recommended Decision: Permitted

Date of Recommendation: 09.11.2010

### Conditions and Notes for Approval / Reasons and Notes for Refusal

### C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> O : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This permission relates to sub-division of building to provide a community facility on the ground floor and offices or community facility on the first floor as shown in drawing numbers RCB 01, RCB 02, RCB 03 and RCB 04 date stamped 18th August 2010.

C 3. The building shall only be used as community facility on the ground floor and offices or community facility on the first floor.

C 4. There shall be no use of the building prior to 6.30 pm at night, until such time as the building is sound insulated to ensure noise emitted does not exceed; i) 35dB LAeq, 1 hour between the hours of 0700-2300 measured within St Thomas Church Hall; and ii) 50dB LAeq, 1 hour between the hours of 0700-2300 measured at the external façade of Millennium Court.

C 5. The building shall not open between the hours of 2300 and 0700.

I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer.

Decision Made : Permitted
Date :
Signed :
Senior Planning Officer

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/36853-braddan-former-red-cross/documents/1358532*