Inspector's Appeal Report

Chief Secretary'S Office

Oik yn Ard-Scrudeyr

PLANNING APPEALS OFFICE Government Office DOUGLAS Isle of Man IM1 3PN Direct Line: (01624) 685280 Fax Number: (01624) 685710 E-mail: [email protected] CHIEF SECRETARY M Williams, CPFA

1001682

Our Reference: L16NEW/DF10/0002

Planning Secretary Planning Office Department Of Local Government _ The Environment Murray House Mount Havelock Douglas

Dear Sir/Madam,

8th June 2010

RECEIVED ON 09 JUN 2010 REPARTMENT OF AFFASTRUCTURE TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE) ORDER 2005

Application: DF10/0002 10/00048/B Applicant: Mr Andrew Johnson Proposal: Conversion of existing shop to a hot food take away and installation of an extractor flue, The Mini Market 37 & 39 Clagh Vane Ballasalla Isle Of Man IM9 2HD

In accordance with paragraph 10 of the above Order, the person appointed by the Government in Council to consider the application has submitted his report.

After consideration the Council of Ministers has accepted the recommendations contained in that report and the application is approved subject to the conditions at Annex A to the report.

In accordance with paragraphs 10.3(a) and (b), a copy of the appointed person's report is enclosed.

Yours faithfully,

A Johnstone Planning Appeals Administrator Encl.

Crown Division Government Office Douglas, Isle of Man, IM1 3PN

The Council of Ministers Government Office Douglas, Isle of Man, IM1 3PN

Sirs,

Application: 10/00048/B Chief Secretary's Ref: DF10/0002 Applicant: Mr Andrew Johnston Application: Application for conversion of existing shop to a hot food take away and installation of an extractor flue, the Mini Market, 37 and 39, Clagh Vane, Ballasalla, Malew.

1. I have the honour to report that I have examined the proposals, set out above,

under the provisions of Article 10 of the Isle of Man Town and Country Planning (Development Procedure) Order 2005. The application falls to be determined by the Council of Ministers as it relates to Government owned property. I inspected the site on Monday 19 April 2010. This report contains a description of the site and proposal, a summary of the material submitted and my assessment and recommendation.

The Site and Proposal

1. The appeal property is located within Clagh Vane, a large housing estate on

the west side of the A5 in Ballasalla. The ground floor of the detached building is in use as a grocery store with storage facilities on the first floor.

1. The estate is within an area designated as residential on the Isle of Man

Planning Scheme (Development Plan) Order 1982 and the draft Southern Area Plan, published on 23 October 2009. The latter also identifies the site within an area of regeneration. The whole of Clagh Vane is undergoing significant up-grading including the replacement of some buildings.

1. The proposal seeks the conversion of the western side of the shop to a hot food

take-away, including the installation of a new stainless steel flue on the western gable behind the existing chimney stack. The grocery store would continue to operate from the remainder of the shop with no access between the shop and the take-away.

1. The proposed hours of operation are Wednesday, Thursday and Friday 1700 -

2100 hrs and Saturday and Sunday 1200-1500 hrs. There would be no opening on Monday or Tuesday but the applicant has indicated that he may wish to increase the opening times to include Wednesday and Friday lunchtimes and Saturday evening.

1. Opposite the premises permission has been sought for the conversion, for the duration of the regeneration works, of two dwellings to a tenant liaison facility with clerk of works offices above and also for the use of adjoining properties as a community facility. Both applications are awaiting a decision.

Consultation Responses

1. No objections are raised by the Planning Officer or by consultees and a petition in support of the proposal was submitted with the application.
2. The Planning Officer highlights the fact that the premises are in the heart of Ballasalla, close to the catchment population and immediately adjacent to the village store. It is also pointed out that the existing shop is detached with no residential accommodation above and consequently the flue would not be likely to cause nuisance to residents of nearby properties. Whilst extract flues are unattractive features, the visual impact in this case would be limited. There is local support for the proposal and no objection has been raised by those who could be affected by smell or traffic nuisance.
3. In reaching the conclusion that the proposal is acceptable the Planning Officer suggests that consideration should be given to the imposition of a condition restricting the hours of operation to those proposed by the applicant. A further condition was suggested by the Department of Transport Drainage Division in relation to the nature of drainage discharges.

Inspector's Assessment and Conclusions

1. The main consideration in this case is the impact of the proposal on the amenity of nearby residents.
2. The take-away would occupy part of the ground floor of a building that is used as a small supermarket with storage over. The premises are well located in relation to the population that would be served.
3. I am satisfied that subject to the installation of appropriate equipment cooking smells and the noise of the extract equipment need not have unacceptable consequences for the amenity of nearby residents. I also note that it is not proposed that the premises would be open late at night. I consequently do not consider that the proposal would give rise to unacceptable problems because of noise and disturbance or because of anti-social behaviour at times when local residents might expect peace and quiet.
4. In terms of the visual impact whilst stainless steel extract flues are not attractive features, with its position behind a chimney, I do not consider that the proposed flue would be visually obtrusive and I do not consider that its impact would be reason to reject the proposal.
5. The proposal clearly has the support of local residents and would provide the community with a useful facility without resulting in serious harm in terms of

its impact on local amenities. As such it is my opinion that the application should be approved.

1. In addition to the condition in relation to opening hours I consider that there should be a further condition requiring agreement of details of the extract equipment to ensure that problems do not result from its operation. The concerns of the Department of Transport Drainage Division would be more appropriately addressed by a note attached to any permission.

Recommendation

1. I recommend that planning permission be granted subject to the conditions listed at Annex A.

I have the honour to be, Sirs, Your obedient servant

Neil A C Holt TD BArch(Hons) DipTP DipCons RIBA MRTPI Independent Inspector

Annex A

Conditions

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. This approval relates to the change of use of part of the ground floor of 37 and 39, Clagh Vane, Ballasalla to a hot food take-away, including the installation of an extractor flue as shown by drawing 1494-01 received on 15 January 2010.
3. The premises shall not be open to customers outside the following hours:

Wednesday, Thursday, Friday and Saturday evenings $1700-2100 \mathrm{hrs}$ and Wednesday, Friday, Saturday and Sunday lunchtimes $1200-1500 \mathrm{hrs}$.

1. A scheme for the installation of equipment to control the emission of fumes and smell from the premises shall be submitted to and approved in writing by the Planning Authority and the equipment shall be installed in accordance with the approved scheme before the use hereby permitted begins. All equipment installed as part of the scheme shall thereafter be operated and maintained in accordance with the manufacturer's instructions.

Note The applicant's attention is drawn to section 6 of the Sewerage Act 1999 and the controls this imposes over material that can be discharged into the drainage system. It is recommended that a grease/fat trap be installed and maintained by the applicant to prevent any such waste entering the drainage system.