5 May 2004 · Minister for Local Government and the Environment (appeal decision confirming Planning Committee refusal)
Kingsland Chinese, 16, Michael Street, Peel, Isle Of Man, IM5 1hb
The proposal involved installing a galvanised steel extraction unit and chimney at the rear of a long-established chip shop/takeaway in Peel's town centre to comply with updated health and safety standards.
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The Planning Committee refused on review as the extraction unit's position and design would cause noise and odour nuisance to residents at 18 and 18A Michael Street, particularly given proximity to be…
RECOMMENDED FOR APPROVAL (multiple letters, noting long-established chip shop)
no views, no adverse traffic impacts
Peel Town Commissioners recommended approval twice; Environment Safety & Health Directorate issued conditional no objection with strict noise limits; multiple neighbouring residents strongly objected due to noise, odour, visual impact, and loss of amenity.
Key concern: ventilation unit likely to cause annoyance due to close proximity to local residents
Peel Town Commissioners
SupportRECOMMENDED FOR APPROVAL; PA 03/1421 Replace existing extraction unit and chimney in galvanised steel, Creel Chippy, 16 Michael Street, Peel. RECOMMENDED FOR APPROVAL; 03/01421/B Installation of a replacement extraction unit and chimney to rear of Creel Chippy, 16 Michael Street, Peel. (Amended plans received) RECOMMENDED FOR APPROVAL
Environment Safety & Health Directorate
Conditional No ObjectionNoise levels should not exceed existing background levels although the industrial noise would still be clearly audible and result in an increase of to the background levels.; in granting planning permission the council would be providing the applicant with the defence of 'best practicable means' in respect of any noise nuisance.
Conditions requested: The rating level of the noise emitted from the ventilation unit shall not exceed existing background noise levels. The noise levels shall be determined near to any noise-sensitive premises that may be affected by the site. The measurements shall be made according to BS 4142:1997.; If you are able to restrict hours of use to 2300 hours
For AP/2438/PA 03/1421, the Planning Committee initially approved but on review refused due to potential noise and odour nuisance to nearby residents at Nos 18 and 18A Michael Street from the proposed extraction system at the rear of a long-established fish and chip shop. The appellant argued necessity for health/safety, existing business context, and submitted a modified scheme with noise mitigation and odour filters. The inspector rejected the modified scheme as substantially different and unconsulted, found the original scheme would harm residential amenity via smell and unwholesome conditions despite possible noise mitigation, and recommended dismissal. For AP 1785/PA 00/1526, neighbours appealed approval of a hotel's extraction flue citing noise from multiple fans; inspector found the subject flue acceptable on noise and visual grounds after site visits isolating the fan, distinguishing other fans as non-planning matters, and recommended dismissal of the appeal upholding approval.
Precedent Value
Appeals cannot consider substantially amended schemes without third-party input; inspectors prioritise original proposal's amenity impacts, especially odour from low/nearby vents in mixed areas; test equipment in isolation and limit to application scope.
Inspector: Michael Hurley (AP/2438); David G Hollis (AP 1785)
