**Document:** Officer Report **Application:** 15/00576/B — Installation of two external chiller motors in rear yard **Decision:** Permitted **Decision Date:** 2015-07-23 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/6107-braddan-3-windsor-road-two-external-chiller/documents/918351 --- # Officer Report **Application No.:** 15/00576/B **Applicant:** The Convenience Shopping Centre Ltd **Proposal:** Installation of two external chiller motors in rear yard **Site Address:** 3 Windsor Road Douglas Isle Of Man IM1 3JX Case Officer : Miss Abigail Morgan **Site Visit:** 18.06.2015 **Expected Decision Level:** Officer Delegation ## Officer’s Report 1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of 3 Windsor Road, a three storey building located on the junction to Dalton Street with a rear access onto Woodbourne Terrace Lane. The application site lies within the Windsor Road Conservation Area. 1.3 Windsor Road, in the immediate environs of the application site, is characterised by predominantly retail units, behind the application site it is more of a residential character. - 2.0 THE PROPOSAL 2.1 The planning application seeks the approval for addition of 2 chiller units. - 2.2 The premises already have two existing chiller units in the rear yard area. The proposals are to construct a metal platform above the two existing units for installation of two new ones. The proposed units are of a similar size of the existing at 1080mm x 400mm x 700mm. The overall height of the structure, including the chillers will be 2.25m. - 2.3 The sound level of the each unit would be no more than 34dBA. They are the same make and model of the two existing units. ## - 3.0 PLANNING HISTORY 3.1 The supplication site has been the subject of four previous planning applications, none of which are considered materially relevant to the consideration of this application. - 4.0 PLANNING POLICY 4.1 In terms of local plan policy, the application site is classed as Predominantly Residential under the Douglas Local Plan Order 1998 Map No. 2 (South) and is within the Windsor Road Conservation Area. 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning 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: - (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; Environment Policy 35 states "Within Conservation Areas, the Department will permit only 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." ## - 5.0 REPRESENTATIONS 5.1 Environmental Health as they are significantly quieter (34dbA) in their operation than the existing units then there may be no noticeable increase in the noise level, however should it transpire that a noise nuisance occurs there are various measures which can be employed to attenuate the noise and eliminate any nuisance ( 02.07.15). - 6.0 ASSESSMENT 6.1 The key issue to consider in the assessment of this application are the impacts of the installation of two new air chillers and associated platform on the character and quality of the Windsor Road Conservation Area and the living conditions of existing neighbours, with particular regard to noise. 6.2 It is not uncommon for small shops to have chiller units, the two additional units are proposed to run a new chiller for the shop. The two proposed units and associated platform are located in a lane to the rear of nos 1 and 3 Windsor Road, they are set well back from the road and would not be readily visible from Woodbourne Terrace Lane, therefore are not considered to have detrimental effect on the conservation area. - 6.3 The sound of each unit will not increase above 34dBA which is considered to be an acceptable noise level not to cause harm on those using the area nor on the public and private amenity within the vicinity of application site. - 6.4 Measurements in dB(A) broadly agree with people's assessment of loudness. The background noise level in a living room may be about 30 dB(A); normal conversation about 60 dB(A) at 1 metre; heavy road traffic about 80 dB(A) at 10 metres; the World Health Organisation (WHO) suggest that a level of less than 35 dB(A) is recommended to preserve the restorative process of sleep. - 6.5 When adding noise levels together where they are all the same that is the noise level, which here would be 34dBA. Where there are several noise sources of differing levels appropriate corrections have to be made dependent on the difference between the two noise levels. EH have commented that although there are reverberation effects from the existing units due to the location within a narrow passage way, if the proposed are significantly quieter (34dbA) than the existing, then there may be no noticeable increase in the noise level, however should it transpire that a noise nuisance occurs there are various measures which can be employed to attenuate the noise and eliminate any nuisance. 6.6 The nearest noise sensitive receptor is the first floor flat at no 1 Dalton Road. It is anticipated that the chillers will be running 24/7, however the dBA is below the recommend WHO level for restorative sleep and will be quieter than the existing units, therefore it is considered that the proposal will not adversely affect amenity of local residents. - 6.7 As a result, it is concluded that the planning application does not conflict with General Policy 2 (b), (c) or (g) or Environment Policy 35 of the Isle of Man Strategic Plan 2007. ## - 7.0 RECOMMENDATION 7.1 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: 20.07.2015 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. 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. This approval relates to Technical Data date stamped as received on 22nd May, 2015 and Drawing No P.1001/01 Rev A date stamped as recieved on 19 June 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 : 22.07.2015 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 --- *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/6107-braddan-3-windsor-road-two-external-chiller/documents/918351*