17 August 2006 · Delegated - Director of Planning and Building Control (M. I. McCauley)
Kingsland Chinese, 16, Michael Street, Peel, Isle Of Man, IM5 1hb
The proposal involves replacing the existing extraction system for the Creel Chip Shop (hot food takeaway) with a new horizontal roof-mounted flue discharging at first floor level on the flat rear roof, including silencers, electrostatic precipitator, carbon filtration or UV ozone for odour, acoustic cladding, and timb…
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The officer noted the established use as a hot food takeaway in a mixed-use town centre location, distinguishing it from the previously refused vertical flue attached to a neighbouring wall which caus…
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This permission relates to the installation of extraction equipment and fencing as shown in the layout drawing received on 12th July, 2006 and the elevation and location plans received on 23rd January, 2006.
Noise limits
The rating level of the noise emitting from the fan and associated ducting shall not exceed LAeq, 1 hour - 40dB daytime (0700 - 2300) and LAeq, 5 minute - 30 dB night time (2300 - 0700) as measured at the facade of any window of 18 and 18A, Michael Street. The rating level shall be measured and calculated in accordance with BS 4142:1997.
Odour control
Odour control must be introduced such that fine filtration or ESP followed by carbon filtration (carbon filters rated with a 0.2 - 0.4 second residence time) is achieved or fine filtration or ESP (electrostatic precipitator) followed by UV ozone system.
Operating hours
The proposed fans may not be operational between 2300hrs and 0700hrs in any 24 hour period.
Screening
The timber trellis shown in the approved drawings must be erected prior to the installation of any of the proposed equipment or ducting.
Recommended for approval
Supports as replacement for longstanding chip shop; refutes objectors' claims; modern system eliminates noise/smell
Necessary upgrade for established fish & chip shop in commercial area; reduces noise and cleans air
The original application for a new extraction system to the rear of 16 Michael Street (chip shop) was permitted by the Director of Planning on 15 August 2006 with conditions addressing noise, odour, hours and screening. Neighbours at 18 Michael Street appealed, arguing noise, smell, vibration, visual impact and light loss. The inspector, after a public inquiry on 28 November 2006 and site visits, found the proposal acceptable subject to conditions, noting the mixed-use town centre location and evidence from environmental officers that noise and odour would be controlled. The inspector recommended dismissing the appeal but modifying condition 6 to limit trellis height and omit it on one boundary. The Minister accepted this on 8 January 2007, confirming approval with the amended conditions.
Precedent Value
Demonstrates that robust environmental evidence and enforceable conditions can secure approval for extraction systems adjacent to residences in mixed-use areas, even against neighbour appeals. Future applicants should prioritise EPU consultation, site-specific mitigation (e.g. direction/distance/filtration), and accept operational limits; neighbours need technical evidence to succeed.
Inspector: John S Turner
