Officer Memo on Conditions Compliance

Department of Local Government and the Environment ### Memomandrum To: Ian McCauley, Director of Planning and Building Control From: Ian Brooks, Planning Officer 29 March 2007 #### Compliance with Conditions: PA06/01161/C Change of use of existing retail units to a fish and chip take-away, restaurant and coffee house, Shops 4, 5 & 6 Quines Corner Douglas To consider the submission of details in accordance with Conditions 4 & 5 of Planning Permission 06/01161 dated 26th January. Condition 4 stated: > "No development shall take place until a scheme for the extraction of cooking fumes, vapours and odours, generally in accordance with that illustrated on drawing number 0610/PL01, has been submitted to and approved in writing by the planning authority and thereafter it shall be installed prior to the first use of the units as take-away, restaurant and coffee house." Condition 5 states that: > "Any scheme submitted in accordance with condition 4 shall include provision for the colour coating of any external ducting installed as part of that scheme." The applicant’s agent has now submitted a scheme for consideration and the Environmental Health section have been formally consulted. They have made the following comments: > "I am mindful that the proposed discharge point is relatively low and located underneath a balcony serving the residential properties. Under the Public Health Act 1990, the operation of a business must not cause a nuisance to surrounding properties and their occupants. This can include both noise and odour nuisance. However, at this stage, based on the technical information received and so long as the system is properly installed, maintained and operated I have no reason to believe that the installation will give rise to a nuisance situation." I am satisfied that the submitted details are generally in accordance with drawing number 0610/PL and, on the advice of Environmental Health, the extraction system will not give rise to a nuisance situation. The agent has indicated that the external ducting will colour coated, which I consider to be acceptable. I therefore recommend that conditions 4 and 5 of the planning permission be discharged.