DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00577/B Applicant: Apres Investments Limited Proposal: Installation of a replacement shop front, front door and three air conditioning units to rear elevation Site Address: 16 Prospect Terrace Woodbourne Road Douglas Isle Of Man IM1 3AL Planning Officer: Vanessa Porter Photo Taken: 23.07.2024 Site Visit: 23.07.2024 Recommended Decision: Permitted Date of Recommendation: 30.08.2024

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 air conditioning units 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/details submitted, as the Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.

This application has been recommended for approval for the following reason.

On balance the proposal as a whole is deemed to be acceptable from a character and appearance point of view, complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35, and is judged not to harm the neighbouring amenity above and beyond what is currently in place. As such the proposal is deemed to comply with General Policy 2, Environment Policy 4 and Environment Policy 22.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 24th May 2024;

• o Covering Letter

• o Drawing No. 1
• o Drawing No. 2
• o Drawing No. 3
• o Photograph sheets 1 & 2
• o Front Door Detail
• o Air Con Unit Flat 1 - Details
• o Air Con Unit Flat 2 - Details
• o Air Con Unit Flat 3 - Details

This decision also relates to the MSC 020 calculations received for all the air conditioning units to be installed dated received 12th August 2024. _______________________________________________________________

Interested Person Status

Additional Persons None _____________________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The application site is within the curtilage of 16 Prospect Terrace, Douglas which is a three storey with rooms in the roofspace, mid terraced property situated to the East of Prospect Terrace. To the rear of the property is Woodbourne Terrace Lane which goes from Windsor Road to Sydney Street. - 1.2 The streetscene to the front of the property is a range of shops which used to have more of a traditional appearance, has now a more modern appearance to the shop front, with several different varieties of glazing patterns. - 1.3 The streetscene to the rear of the property has a back alley feeling with there being mostly single storey outriggers, car parking, bin storage and large flues being prominent. THE PROPOSAL

2.1 The current planning application seeks approval for the following but not exclusive to list or works;

• - replacement shop front, which will alter the appearance to three glazed panel with four upper panels.
• - proposed replacement sign board, plywood painted black
• - replacement front door of two over two panels
• - replacement glazed panel over front door
• - installation of three air conditioning units to rear elevation.

PLANNING HISTORY

3.1 The previous applications on the site are not relevant in the assessment of this application. PLANNING POLICY - 4.1 The site lies within an area zoned as "Predominantly Residential" under the Area Plan. The site isn't within a Flood Risk Zone but is within a Conservation Area.

4.2 Given the nature of the of the land designation and the property being within a Conservation Area, Section 18(4) of the Town and Country Planning Act (1999) is the most relevant in the assessment of this application. Followed by paragraph 7.29.2 and Environment Policy 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas

• will only be permitted where they preserve or enhance the character and appearance of the area.
• 4.3 When looking at the addition of the air conditioning units, General Policy 2, which sets out general standards towards acceptable development and Environment Policy 22 are the most relevant which seeks to protect the environment and quality of life of neighbouring properties.

REPRESENTATIONS

5.1 The following representations can be found in full online;

5.2 Highway Services have considered the proposal and state "No Highways Interest." (31.05.24) - 5.3 Douglas Corporation have considered the proposal and state they have no objection. (10.06.24)

ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are:

• - Section 18(4) test & character and appearance (GP2, b,c)
• - Air conditioning units (GP2 & EP22)

- 6.2 SECTION 18(4) TEST

• 6.2.1 Due to the proposed works being in a Conservation Area it is necessary to test the application under section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works preserve or enhance the Conservation Area.
• 6.2.2 When looking at the proposal within this application it can be seen in two parts, firstly the works to the front elevation and secondly the works to the rear elevation.
• 6.2.3 The proposed works to the front elevation, are to alter the shopfront and to change the existing door and glazing above. Ultimately, as per part one of this report, the overall ground floor of the properties have altered their appearance overtime going from a traditional appearance to a more modern appearance. As such the proposed works to the front elevation would not have an impact upon the overall streetscene on the basis of character nor appearance to warrant refusal.
• 6.2.4 Turning towards the proposal to the rear, the works whilst seen due to the rear alley which is used as a through point between two road, when taking into account the already existing industrial appearing items such as flues to the rear, the proposal would not be impacting the overall streetscene and as such would preserve the Conservation Area in terms of character and appearance.
• 6.2.5 With the above in mind the works will pass the Section 18(4) test by preserving the Conservation Area.

- 6.3 AIR CONDITIONING UNITS

• 6.3.1 Turning towards the air conditioning unit, when looking at potential noise impact, the sound pressure level of the proposed air conditioning unit is the same as an air sourced heat pump, which would be expected to be between 45-58 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.
• 6.3.2 During the night the units 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.
• 6.3.3 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."
• 6.3.4 When looking at the possible noise disturbance raised by the neighbouring property, whilst there is no guidance or standards within the Isle of Man Legislation that cover noise level matters from equipment such as air conditioning units, Permitted Development has been approved for air source heat pumps and as such an applicant could install an air source heat pump without formal planning permission if the unit does not result in an noise level exceeding 42 dB LAeq 5 mins (with conditions). This is the same as the permitted development within England and Scotland.
• 6.3.5 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).
• 6.3.6 Whilst generally MCS020 assessments are received for air source heat pumps, in this instance the assessments provide information on the noise values for the unit for each apartment. As such this was requested from the agent on behalf of the applicant. The calculation for each apartment comes out at around 40-42 dB which falls within the maximum permitted noise level of 42 dB allowed under permitted development for air source heat pumps in accordance with the Town and Country Planning (Permitted Development) Order 2012 in relation to the 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 that relevant door or window. This threshold also aligns with the Microgeneration Installation Standard: MCS 020 planning standards document produced in tandem with relevant UK governmental departments.
• 6.3.7 With the above in mind it is deemed that the noise values provided from the units would be within an acceptable range when accounting for the already existing ambient noise within the overall streetscene, for the neighbouring properties.

CONCLUSION

7.2 The proposed alterations to the front elevation of the property including the alteration to the shop front and replacement door are deemed acceptable in terms of their form, mass and design which would preserve the overall Conservation Area and as such complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016.

7.1 Turning towards the rear of the property, the proposed air conditioning units are situated within an area which has the appearance of a rear alley, as such the character and appearance of the area will not be impacted by the units. With regards to the potential noise from the

units, it's expected that the noise levels and impact will be low and not likely to have a detrimental impact on the living conditions to the neighbouring properties, noting the location of the property, as such the proposal is recommended for approval.

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 the Acting Head of Development Management 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 : 30.08.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

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