24 July 2014 · Delegated - Senior Planning Officer (Sarah Corlett, Chris Balmer)
1, Dale Street, Ramsey, Isle Of Man, IM8 1bj
The proposal involves changing the ground floor of a two/three storey corner building from office to a fish and chip takeaway with kitchen, serving counters, bench seating, and associated flue/ventilation system.
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Officer assessed that upgraded ventilation (UV-C 1000 filtration, silencer, ventilated cowl) with conditions would mitigate odours and noise to prevent significant nuisance to No.3 Dale Street, despit…
Policy R/TC/P1 Retail Uses
Presumes in favour of retail at ground floor in main shopping streets but limits office uses to 30% frontage. Site in Town Centre Mixed Use zone; conversion to retail/takeaway acceptable as not increasing office proportion.
General Policy 2
Requires development in line with zoning, respecting amenities, townscape, odours/noise, parking, highways. Officer found compliance via mitigation, town centre context, no adverse amenity/traffic impact.
Environment Policy 35
Within Conservation Areas, only development preserving/enhancing character permitted. Minimal external flue (painted dark grey, behind parapet) preserves appearance; Conservation Officer no objection.
Environment Policy 22
Prohibits unacceptable odour, noise pollution to amenities. Conditions ensure high-level odour control (UV-C 1000), noise <45dB; best practicable means prevent statutory nuisance.
Time limit
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.
Ventilation/odour control installation
Prior to the operation of the takeaway the flue system which include the air filtration systems for mitigating noise, odour and fumes (PVA 100 circular straight silencer, UV-C 1000 odour control system and the ventilation roof hood) as submitted and approved by the Planning Authority, are required to be installed and shall thereafter be retained as such and operated and maintained in accordance with the manufacturer's specification. Reason: To safeguard the amenities of the occupiers of adjoining properties.
Noise limit
The kitchen extract system(s) shall not exceed the noise limit of 45 dB LAeq, 5 minute measured at the facade of neighbouring residential premises. Reason: In the interests of public amenity.
Operating hours
No customers shall be served or remain in the building outside the following hours 1130 till 1400 and 1630 till 2200. Reason: In the interests of public amenity.
Flue painting
Prior to the operation of the takeaway all elevations of the flue/ventilation system which projections above the roof plane is required to be painted a dark grey/slate colour and retained as such. Reason: In the interests of public amenity.
does not oppose
no objection but seek hours conditioned
strongly recommend trading hours controlled (1130-2200)
proposals in line with required legislation
Environmental Protection Unit raised significant concerns about noise and odour nuisance to adjacent residents and recommended strict conditions; Building Control highlighted sound insulation, fire resistance, and flue requirements; Police recommended limiting trading hours to control anti-social behaviour.
Key concern: significant detriment to amenity of adjacent residents from noise and odour nuisance
Environmental Protection Unit
Conditional No Objectioneven with all reasonable and practicable measures taken to reduce noise and odour nuisance... there remain issues to resolve and undoubtedly there would be a change in the character of the area to the detriment of residents at 3 Dale Street; the proposal would represent a significant detriment in terms of odour and noise nuisance in particular the residents semi-detached and directly above the proposed chip shop; odour from the existing fish and chip shop at Bourne Place sufficient to be considered a nuisance outside of St Paul's Church approximately 50m away
Conditions requested: Before planning approval: confirmation from suppliers of acoustic attenuator for 45 dB LAeq, 5 min noise limit; Before planning approval: demonstrate at least 43 dB DnTw sound insulation between 1 and 3 Dale Street; Before planning approval: high level odour control installed with flue high and away from 3 Dale Street; Before planning approval: details of food preparation kitchen extract ventilation to show no odour/noise nuisance; If approved: kitchen extract system(s) shall not exceed 45 dB LAeq, 5 minute at façade of neighbouring residential premises; If approved: walls, floors and stairs separating 1 Dale Street from 3 Dale Street shall provide at least 43 dB airborne sound insulation; If approved: flue extension/relocation to 1m above roof ridge height of buildings within 20m, or equivalent odour control (ESP + carbon filtration 0.2-0.4s residence time or UV ozone system)
Building Control
Conditional No ObjectionThis is not acceptable if the apartment above ground floor is to be rented/leased or sold; There must be Air Borne Sound insulation at all vertical separation between different occupancies and Impact as well as Air Borne Sound insulation at horizontal separation
Conditions requested: Air Borne Sound insulation at all vertical separations between different occupancies; Impact and Air Borne Sound insulation at horizontal separations between different occupancies; Flue for full height must achieve one hour fire resistance and be sound insulated with access to all joints; Apartment above can only be occupied by owners of ground floor retail unit if flue passes through; All party walls and party floors between different class of use/occupancies must achieve one hour fire protection
Isle of Man Constabulary Architectural Liaison Officer
Conditional No Objectionlate-night takeaway type premises act as 'honey pots' in that they can cause persons to remain in an area for an inordinate period of time, thus delaying the dispersal of such persons and concomitantly increasing opportunities for criminal or anti-social behaviour
Conditions requested: The takeaway premises may only operate between 1130hrs to 2200hrs daily
The original application for conversion from office to fish and chip shop with internal alterations and bench seating was approved by the planning authority despite concerns from the Environmental Protection Officer (EPO) on noise and odours. Appellants (neighbours at 3 Dale Street) argued the submitted details were inadequate to demonstrate no nuisance, citing EPO advice and policy conflicts. The applicant and authority contended that modern odour control systems, proven at existing premises, would mitigate impacts, with noise below limits and minimal visual harm from the flue. The inspector found the evidence lacking coherence for noise from the ventilation system and residual odours affecting 3 Dale Street, especially given prevailing winds and proximity to roof-lights/patio; visual assessment was impossible without elevation drawings of the flue. The inspector concluded conflict with General Policy 2(g) on residential amenity and uncertainty under Environment Policy 35 on Conservation Area character, recommending the appeal be allowed and approval refused.
Precedent Value
This appeal demonstrates that approvals can be overturned on third-party appeal if technical details for odour/noise control and visual elements are inadequate for firm conclusions, even in mixed-use town centres. Future applicants must submit fully specified, coherent designs with elevations and EPO-validated calculations to overcome amenity and Conservation Area objections.
Inspector: Stephen Amos MA (Cantab) MCD MRTPI
