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…
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 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
Environmental Health raised no current nuisance complaints but recommended the flue discharge at least 1m above the roof ridge of nearby buildings; Port Erin Commissioners approved subject to no use after 11pm; a private neighbour objected strongly citing noise, fumes, fire risk and unneighbourly impacts.
Key concern: neighbourly nuisance from noise, fumes, and proximity to residential windows
Environmental Protection Unit
Conditional No ObjectionI have had no complaints about odour or noise from residents neighbouring the Mandarin Chinese Restaurant since my visit to site and subsequent letter of 26 Jan 07 attached, so I have no evidence to indicate that the flue as currently constructed is causing a nuisance.; However, based on advice from DEFRA, best practise would be to: 1. Discharge the extracted air not less than 1m above the roof ridge of any building within 20m of the building housing the commercial kitchen.
Conditions requested: Discharge the extracted air not less than 1m above the roof ridge of any building within 20m of the building housing the commercial kitchen
Port Erin Commissioners
Conditional No ObjectionThe above application was considered by my Commissioners at their Meeting held on the 20th March 2007. I am directed to inform you the application has been Approved subject to the flue not being used after 11.00pm.
Conditions requested: flue not being used after 11.00pm
JJ McArd & Son (Builders) Ltd
ObjectionOur Company has objected to this flue from when it was first installed (without planning permission), out of the rear wall and only six feet away from the bedroom window of one of our apartments.; The flue outlet should be 1.2m above adjoining roof level, which it is not at present.; These conditions are unacceptable and the hours unreasonable.; In our correspondence to both the Port Erin Commissioners and the Planning Committee, we have requested that the takeaway should close at 11.00pm at the latest every night and we know that Port Erin Commissioners have requested the same.
Conditions requested: takeaway should close at 11.00pm at the latest every night
The original application 07/00329/R for retention of an extractor flue at Mandarin Takeaway, 26 Church Road, Port Erin, was permitted by the Planning Committee on 15 May 2007 despite prior refusals and relocations following neighbour consultations. Mr J McArd, representing J.J. McArd & Sons (Builders) Ltd, appealed as a third party, arguing noise and smell nuisance to his tenant's adjacent flat, especially late nights, and seeking a condition to prohibit flue operation after 23:00 hours. The applicant Mr T Yau and Planning Authority defended the permission, noting no recent complaints from actual residents, Environmental Health confirmation of no nuisance, and existing stringent noise conditions (LAeq 25dB after 23:00 inside adjacent homes). The Inspector found the location appropriate for a takeaway in a mixed-use commercial centre, late-night trade lawful and expected, and existing conditions sufficient to protect residents without evidence of breach. The appeal was dismissed, confirming the permission.
Precedent Value
Demonstrates third-party appeals against permissions rarely succeed without evidence of breach; existing technical conditions (e.g. noise limits) preferred over operational restrictions like hours curbs; actual resident evidence outweighs landlord claims in mixed-use areas.
Inspector: Michael Hurley
