15 May 2007 · Minister for Local Government and the Environment, on appeal (concurring with Inspector Michael Hurley)
Mandarin Chinese Takeaway, 26, Church Road, Port Erin, Isle Of Man, IM9 6aq
The proposal sought permission to retain an extractor flue installed on the flat roof of a ground-floor hot food takeaway in a mixed-use area of Port Erin village centre. The flue emerges largely hidden behind the parapet, projecting about 0.5m-0.52m above it at the discharge point on the western side, adjacent to firs…
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The site is appropriately located in Port Erin's commercial centre mixed-use area, with evident demand for late-night takeaway services, where some nocturnal activity is expected.
Mixed Use designation
Site in mixed-use village centre area reflecting prevailing mix of commercial/residential; appropriate for hot food takeaway with nocturnal activity expected. Inspector noted commercial centre location suits late-night demand without needing hours restrictions.
Plans
This permission relates to the retention of the extraction flue as shown and described in plans reference 00329/1 and -/2 both received on 26th February, 2007.
Noise limits
The broadband level of the noise emitted from the mechanical ventilation system shall not exceed LAeq, 1 hour - 30dB daytime (0700 - 2300) and LAeq, 5 minute - 25dB night-time (2300 - 0700) as measured from inside any adjacent residential premises.
no complaints of odour or noise since flue relocation; at low-medium volume unlikely to be statutory nuisance; recommends noise limits of 30dB daytime / 25dB nighttime
no objection / none received
no problems of smell nuisance since flue moved further from windows; occasional odour but not a nuisance (noise from late opening separate issue)
acceptable subject to noise conditions; 80% business after 23:00; installed per public health reqs and neighbour discussions
