27 January 2014 · Delegated - Director of Planning and Building Control (M Ballayher)
Flat A, 12, Church Road, Port Erin, Isle Of Man, IM9 6aq
The proposal involved changing the use of the vacant ground floor betting shop within a mid-terrace three-storey building to a hot food takeaway, including internal alterations like installing a cooker, oven, extraction system, counter, and a flue at the rear.
Click a button above to find applications similar to this one.
See how this application compares to similar ones — policies, conditions, and outcomes side by side.
The officer accepted the principle of the takeaway use in the mixed-use zone and Port Erin service centre but determined it unacceptable due to amenity impacts.
General Policy 2
Requires development not to adversely affect amenity of residents or locality (g), respect surroundings (b,c), or prejudice adjoining land (k). Officer found proposal failed GP2(g) due to undemonstrated noise/odour impacts on nearby residents from extraction and customers.
Environment Policy 22
Prohibits development causing unacceptable harm via airborne pollutants (ii) or noise/odour pollution (iii). EPO evidence showed extraction within 2-3m of bedrooms likely exceeds noise limits and causes odour nuisance; no sufficient mitigation details provided.
Strategic Policy 2 - Priority for new development to identified towns and villages
Directs new development to service centres like Port Erin. Site zoning and location made principle of commercial use acceptable.
Environment Policy 35
Protects proposed Conservation Area character. No specific assessment as change of use/internal works not considered harmful.
do not oppose
support the application
no objection but recommend condition to restrict hours to proposed 4pm-10/10:30pm to avoid anti-social behaviour
DEFA Environmental Protection raised significant concerns about noise and odour nuisance from the kitchen extract system and recommended mitigation measures; Isle of Man Constabulary recommended controlling trading hours; Highways Division had no objection; multiple local busines…
Key concern: construction of commercial kitchen extract system within 3m of residential windows likely to cause odour and noise nuisance
DEFA Environmental Protection Unit
Conditional No ObjectionThe most sensitive issue is construction of a commercial kitchen extract system within 3 m of residential windows which is likely to cause odour and noise nuisance which would be contrary to the Strategic Plan: Environment Policy 22; noise limit criteria at the façade of noise sensitive premises of 45 daytime and night-time (LAeq) or no louder than background noise levels (LA90) is recommended; Numerous complaints of alleged noise nuisance were received from another hot food take-away in Port Erin when it opened a few years ago; Best practice guidance to minimize kitchen odour is to discharge the extracted air not less than 1 m above the roof ridge of any building within 20 m
Conditions requested: relocation of flue further from noise sensitive premises; installation of quietest fan reasonably and practicably achievable; installation of fan within building not externally; acoustic lagging of flue exhaust and in-line silencer; anti-vibration mounting of flue exhaust; separating floor to have at least DnTw 50dB sound insulation between takeaway and residential above; test or estimate sound insulation of separating floor; discharge extracted air not less than 1m above roof ridge or eaves; odour control measures such as carbon filtration, counteractant system, or ESP followed by UV ozone system
Isle of Man Constabulary
Conditional No ObjectionResearch has shown that late-night takeaway type premises act as 'honey pots' in that they can cause persons to remain in an area for an inordinate period of time, thus delaying the dispersal of such persons and concomitantly increasing opportunities for (and ergo the likelihood of) criminal or anti-social behaviour to occur
Conditions requested: The takeaway may only operate between 1600hrs to 2200hrs Sunday to Thursday and 1600hrs to 2230hrs Friday and Saturday
Highways Division
No ObjectionDo not oppose
