**Document:** Officer Planning Report 05/00802/R **Application:** 05/00802/R — a) Retrospective application for the erection of a shop front canopy , Mandarin Chinese Takeaway **Decision:** Permitted **Decision Date:** 2005-07-06 **Parish:** Rushen **Document Type:** report / officer_report **Source:** https://planningportal.im/a/78189-rushen-21-church-road-retrospective-application/documents/1208217 --- # Officer Planning Report 05/00802/R ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations Mr J K McArd ### Consultations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Policy ### Officer's Report The site represents the curtilage of number 21, Church Road in Port Erin, located opposite the parade of shops and backing onto a rear lane. There is a takeaway on the ground floor and accommodation above although it is not clear from the plans whether this is self-contained living accommodation or not. Change of use was permitted to include cafe area within premises together with the use class 1 & 2 The Town and Country Planning (Use Classes) Order 1982, 21, Church Road, Port Erin under PA 95/0529. Proposed here are two things, both have already been done. One is the creation of a canopy, a tiled structure on the front elevation. This is no worse than the signage and frontages elsewhere in the streetsce. The second element proposes the installation of a flue on the rear of the building. This is a substantial structure, 450mm in diameter and stretching from2m above lane level. It is ugly in appearance and passes very close to the rear window of the apartment alongside. There are objections from the owner of the neighbouring flat and EH both of whom cite noise as a problem, the owners of the flat also mention fumes and the EHI mentions vehicle impact as the flue sticks out into the rear lane. PE Commissioners object on similar grounds. This is clearly unacceptable and the flue should be refused and removed and alternative means of ventilating the premises devised in consultation with EH. ### Recommendation Recommended Decision: Refused Date of Recommendation: 13.06.2005 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals N 1. The flue must be removed within one month of the date of this notice as it becomes final. The applicant must discuss with the Environmental Health Division of this Department, an acceptable method of dealing with the noise and fumes which arise as a result of the operation of the premises as a hot food take-away. R 1. The flue, by virtue of its proximity to the neighbouring apartment would be unneighbourly in terms of noise and possible fumes emitted therefrom. R 2. The flue would dominate the outlook from the adjacent apartment and would thereby be unneighbourly thereto. R 3. The position of the flue, projecting into the rear lane could obstruct the passage of vehicles using the rear lane and the flue may suffer damage therefrom. 13 June 2005 13 June 2005 --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/78189-rushen-21-church-road-retrospective-application/documents/1208217*