**Document:** Planning Report and Recommendations **Application:** 09/00837/R — Erection of a flue / vent to rear elevation **Decision:** Permitted **Decision Date:** 2009-09-11 **Parish:** Rushen **Document Type:** report / officer_report **Source:** https://planningportal.im/a/63530-rushen-albert-hotel-athol-street-chimney/documents/1382893 --- # Planning Report and Recommendations ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] ### Officer's Report #### The Site The site represents the curtilage of the Albert Hotel, a public house situated on the high Street overlooking Port St. Mary harbour. The property fronts onto the High Street and extends rearwards towards a rear lane. At the rear of the property there is a balcony area with stairs leading to the rear ground floor area behind a three storey flat roofed rear annex. There is presently a flue taking air from the kitchen to the outside of the building. This is on the rear of the building beside the side of the three storey annex. #### Planning Status The site lies within an area of Predominantly Shopping on the Isle of Man Planning Scheme (Development Plan) Order 1982. #### Planning History The site has been the subject of a number of applications for replacement windows, extensions, satellite dishes, none of which is relevant in the consideration of this application. #### The Proposal Proposed now is the installation of a replacement flue. The new flue will extend around the southern side of the rear flat roofed annex and up to just above the roof level of the annex and slightly higher than the eaves level of the main building. The flue will be made from galvanised steel. ## Representations Port St. Mary Commissioners and Department of Transport Highways and Traffic Division raise no objection to the application Environmental Protection Unit recommends that the flue terminal will be further away from and higher than the previous flue was to the nearest residential property and the existing flue did not result in any complaints. He recommends that a condition is attached to add suitable odour filtration to the flue - "The kitchen extract shall discharge the extracted air unrestricted such as by any cowl and with a low to medium level of odour control such as carbon filtration". He also recommends that a noise condition is attached to state: "The rating level of the noise emitted from kitchen extract plant at the Albert Hotel shall not exceed Daytime (070-2300 hours) 45dB LAeq, 1 hour; Night-time (23000700 hours) 40 dB LAeq, 5 minutes, measured at the facade of any noise sensitive premises. The measurements shall be made according to BS 4142:1997." The occupants of Sydney House, to the north objected to the originally submitted plans but have since discussed the proposal with the applicant and have no objection to the amended submission which provides further illustration of the originally submitted scheme, and has had sight of the advice provided from Environmental Protection Unit and no longer objects to the application. ### Assessment The flue will be longer and higher than the existing flue but will be further from existing residential property and not particularly conspicuous when viewed by the public. Flues are an unfortunate result of commercial premises which serve food and the provision of this within the village is a welcome facility, adding to the interest and variety of facilities available. The advice regarding odour control is not sufficiently specific to be included as a condition, but could be added as a note in any decision notice. ### Party Status The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status. The owner of Sydney House is adjacent to the site and should be afforded party status. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 25.08.2009 ### Conditions and Notes for Approval / Reasons and Notes for Refusal ### C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
0 : Notes attached to refusals C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C 2. This permission relates to the replacement of the existing flue as shown in drawing 1359-03A received on 23rd July, 2009. C 3. The rating level of the noise emitted from kitchen extract plant at the Albert Hotel shall not exceed Daytime (070-2300 hours) 45dB LAeq, 1 hour; Night-time (2300-0700 hours) 40dB LAeq, 5 minutes, measured at the facade of any noise sensitive premises. The measurements shall be made according to BS 4142:1997. N 1. Appropriate measures must be taken to ensure that the kitchen extract shall discharge the extracted air with a low to medium level of odour control such as carbon filtration so as not to result in odour nuisance to adjacent residential property. I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer Decision Made : Permitted Date : ..... 12/13 Signed : ..... 1 Senior Planning Officer --- *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/63530-rushen-albert-hotel-athol-street-chimney/documents/1382893*