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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/01307/B Applicant : Mr Geoffrey Tang Proposal : Installation of an extractor system (retrospective) Site Address : 16 Michael Street Peel Isle Of Man IM5 1HB
Head of Development Management: Mr S Butler Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 25.03.2022 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
This application has been recommended for approval for the following reason. While generally this type of development is not sought in Conservation Areas, the location of this flue benefits from being enclosed with a rear area of the buildings and not visible from any public thoroughfare. As such, the external flue is not considered to impact upon the character and quality of Peel Conservation Area. Given the standard of flue installed it is not likely that the proposal will result in significant harm on the neighbouring amenity to warrant a refusal. It could be noted that if at any time any harm does arise relative to noise and smells that this could be an issue raised with Environmental Health for further investigation and consideration. For these reasons the proposal is considered to comply with the provisions set out in General Policy 2 (b), (c) and (g), Environment Policy 22 and Environment Policy 35 of the Isle of Man Strategic Plan 2016 and as such is recommended for approval.
Plans/Drawings/Information;
This approval relates to site location plan and 4 x site photographs all date stamped and received 20/12/2017 and an email from the agent also dated 20th December 2017.
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Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject
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matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
The owner/occupier of 18 Michael Street
as they satisfy all of the requirements of the Department's Operational Policy on Interested Person Status. __
Officer’s Report
1.0 THE APPLICATION SITE 1.1 The application site is the curtilage of 16 Michael Street, Peel an existing mid terraced property sited on the southern side of Michael Street in Peel. The area subject to this application is located within a small walled rear yard of the property which backs on the rear of the properties which bound Douglas Street.
1.2 Within the rear of the site is an existing extraction system which serves the business within the property.
1.3 The application site is also within the Peel Conservation Area.
2.0 THE PROPOSAL 2.1 The current planning application seeks approval for the retrospective installation of an extraction system to the rear of the property. The flue is 630mm and fit with a Flaktwoods Axial flow fan with two silencers installed either side giving less than 30decibles.
2.2 The flue is also installed with a termination 630mm jet cowl which disperses the extracted air 30m above the system.
3.0 PLANNING HISTORY 3.1 The application site has been the subject of a number of previous planning applications. Two considered relevant in the assessment of this application are PA 06/00099/B for new extraction system to rear elevation and PA 03/01421/B for installation of a replacement extraction unit and chimney to rear of Creel Chippy.
4.0 PLANNING POLICY 4.1 In terms of local plan policy, the application site is within an area zoned as Mixed Use under the Peel Local Plan 1989. As previously mentioned, the application site is within the Peel Conservation Area. There are no policies within Planning Circular 6/89, the written statement that accompanies the local plan considered specifically relevant to the assessment of this current planning application. In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains three policies that are considered specifically material to the assessment of this current planning application:
4.2 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."
4.3 Environment Policy 22 states:
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"Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution."
4.4 Environmental Policy 35 states:
"Within Conservation Areas, the department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
5.0 LEGISLATION 5.1 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act".
6.0 REPRESENTATIONS 6.1 Peel Town Commissioners have no objection to the current planning application (19/01/2018).
6.2 The Department of Infrastructure Highway Services do not oppose the current planning application (12/01/2018).
6.3 DEFA (Environmental Health) were consulted on the 02.05.18 and no comments were received.
6.4 The owner/occupier of 18 Michael Street has written in to object, raising the following issues:
7.0 ASSESSMENT 7.1 It is first necessary to apply the statutory test in relation to Conservation Areas. Whilst flues can be an unwelcome modern addition to buildings in Conservation Areas, in this instance it is not considered that the flue will be a prominent visual feature from public view and as such is judged to preserve the character of the overall Conservation area. It therefore passes the statutory test and the normal planning assessment can be carried out.
7.2 There are two fundamental issues to consider in the assessment of this planning application, the potential impacts of the proposal on the residential amenity of nearby properties and the general public in terms of odour and noise, and whether or not the proposal will have an impact on the character of the Conservation Area.
NEIGHBOURING AMENITY - PUBLIC AND RESIDENTIAL 7.3 With regards to the potential impacts of nearby residential properties, the two main aspects which could cause concern are the generation of smells produced by the cooking of food and noise of the operation and running of the extraction flue system.
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7.4 The agent for the application whom is a local catering and heating engineer indicates in a supporting email dated 20th December 2017 that the flue is fit with a 630 Flaktwood axial flow fan which has two 630 x 500 silencers to each equally less than 30dba. The system is then fitted with a 630 jet cowl which disperses the extracted air up to 30m into the air.
7.5 The combined installation of silencers and a jet cowl which disperse odour pollution 30m above the system helps towards reducing both noise and smell impact on the adjacent neighbours.
7.6 Whilst the concerns from the neighbour are noted, given the standard of flue installed it is not likely that the proposal, if correctly operated, will result in significant harm on the neighbouring amenity to warrant a refusal, especially noting the planning history of the site.
7.7 It could be noted that if at any time any harm does arise relative to noise and smells that this could be an issue raised with Environmental Health for further investigation and consideration.
IMPACT ON CONSERVATION AREA 7.8 Development within Conservation Areas will only be permitted if it preserves or enhances the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development. This particular area of Peel is characterised predominantly from the narrow winding streets bound either side by traditional fronted properties. It is the front façade of each of these properties that positively contributes to the historic character and appearance of the area.
7.9 Extraction flues are not uncommon in town centre mixed use locations such as this. The location of the proposed flue is at the rear of the existing property and amongst a collection of rear yards and rear outlets of properties which bound Michael Street and Douglas Street. This rear area is slightly disjointed and irregular and as a whole does not positively contribute to the character of the Conservation Area.
7.10 While generally this type of development is not sought in Conservation Areas, the location of this flue benefits from being enclosed with a rear area of the buildings and not visible from any public thoroughfare. As such, the external flue is not considered to impact upon the character and quality of Peel Conservation Area.
8.0 CONCLUSION 8.1 For these reasons the proposal is considered to comply with the provisions set out in General Policy 2 (b), (c) and (g), Environment Policy 22 and Environment Policy 35 of the Isle of Man Strategic Plan 2016 and as such is recommended for approval.
9.0 INTERESTED PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4)), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
9.2 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
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o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status. __
I can confirm that this decision has been made by a Principal Planner 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: 28.03.2022
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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