Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 25/90191/B Applicant: Mark John Murley And Swasti Behari Proposal: Installation of air source heat pump (retrospective) Site Address: Aurora House Ballaragh Laxey Isle Of Man IM4 7PW Planning Officer: Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 24.03.2025 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. 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/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. The proposal is considered to accord with GP2 and Energy Policy 4 of the Isle of Man Strategic Plan, as well as wider Government climate change strategy.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 21st February 2025:

• o Location Plan
• o 1:50 scaled part elevation
• o Non-scaled elevation showing approximate position of ASHP
• o Non-scaled measurements of ASHP
• o Photograph of ASHP in location _________________________________________________________________

Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No objection Garff Commissioners - No objection

Officer’s Report THE APPLICATION SITE

1.1 The application site is the residential curtilage of "Aurora House," Ballaragh, Laxey which is a three storey dwelling situated to the Eastern side of the B11. The property due to its construction appears as a two storey dwelling at the roadside and three storey to the rear. - 1.2 A the front of the dwelling there is a large parking apron, which leads to the main dwelling. There is a retaining wall which is approximately a floor level high at the end of the parking apron. THE PROPOSAL

2.1 The current planning application seeks approval for the retrospective installation of a AE080RXYDEG/EU EHS R32 Monobloc Air Source Heat Pump (ASHP) to the ground floor level, front elevation. PLANNING HISTORY - 3.1 There are several previous applications on the site, of which PA17/00002/B is the most relevant and is for, "Construction of a replacement dwelling including extension of residential curtilage and new access." Which was permitted. PLANNING POLICY - 4.1 The site lies within an area zoned as "Not for Development" on the Area Plan for the East. The property is not situated within a Conservation Area, nor a Flood Risk area.

4.2 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. - 4.3 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." - 4.4 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 found in full online, below is a short summary;

5.2 Highway Services have considered the application and state, "No Highways Interest." (26.02.25) - 5.3 Garff Commissioners have considered the application and state, "There were no objections to this application." (07.03.25)

ASSESSMENT

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

• - principle (GP2, EP4)
• - character and appearance of the area (GP2)
• - neighbouring amenity (GP2, EP22)

- 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

• 6.3.1 The proposed ASHP is to be situated to the front elevation of the dwelling, to the ground floor level which is approximately a floor level about the roadside level where the parking apron for the property is situated. Due to this elevation difference, it is unlikely that the ASHP would be seen from the passing public and if the ASHP is seen from the passing public the impact on the surrounding area would be minimal due to ASHP becoming common place in modern properties. As such overall the ASHP will minimally affect the character and appearance of the area.

6.4 LIVING CONDITIONS OF THOSE IN ADJACENT PROPERTY

• 6.4.1 When looking at potential noise impact, the sound pressure level of the proposed heat pump is expected to be between 48dBA. 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 neighbouring property, 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 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 ASHP within this application is not the only ASHP that services the property, as such whilst the dB LAeg is at 48, this would rise due to the already existing Air Pump. A Study done by the Institute of Acoustics (ASHP cumulative noise impact - noise modelling study, 30th July 2024, Revision D), states that the potential increase in cumulative noise level from multiple ASHP compared to a single ASHP ranges from 2-8 dB, with this being reduced by 1-3 dB if they are situated in a sheltered position away from neighbours, such as next to a fence.
• 6.4.6 When looking at the original ASHP location in relation to the neighbouring property to the North East, the ASHP within this application is situated approximately 26m away at a much lower level than the closest elevation of "Hillside," as such when accounting for this distance and noting that there is a barrier between the ASHP and "Hillside" in the form of a retaining wall, the dB of the original ASHP would be less than the suggested 42 dB as required of Permitted Development. The overall dB of both ASAP's whilst adding in the cumulative noise impact is unlikely to be above and beyond the current dB of the application site.
• 6.4.7 Whilst it is noted that the application site is within a rural setting, and as such the overall dB at night is significantly less than when within a town centre situation, the neighbouring property to the North East was sent correspondence to inform them that an application was within the Department for an additional ASHP and no correspondence has been received to object, nor comment on the proposal.
• 6.4.8 As such on this basis, the ASHP is deemed not to impact the neighbouring property to the North East above and beyond the current situation.

CONCLUSION

7.1 The 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. RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

8.2 Article A10 sets out that the right to appeal is available to:

• o applicant (in all cases);
• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative.

I can confirm that this decision has been made by the 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, and/or rights to appeal.

Decision Made : Permitted Date : 24.03.2025 Determining Officer

Signed : S BUTLER Stephen Butler Head of Development Management

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