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Application No.: 19/00339/B Applicant: Thai Thai Restaurant Proposal: Installation of an extractor flue Site Address: Restaurant Capital House 16 - 18 Circular Road Douglas Isle Of Man IM1 1AG Planning Officer: Mr Nick Salt Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 18.07.2019 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
This decision relates to the site location plan, floor plans and elevations as proposed and as existing, and section plan date stamped received on 22nd March 2019.
None _____________________________________________________________________________
1.0 SITE - 1.1 The site is the curtilage of Capital House on Circular Road in Douglas. The site building is a relatively modern large 6 storey (including basement) property containing mixed uses including a restaurant. There is a car parking at ground floor level access via Princes Street Lane to the rear. Princes Street Lane also provides access to the rear of terraced dwellings along Princes Street. The rear elevation features various ventilation ducts and paraphernalia associated with the operation of a large restaurant.
2.0 THE PROPOSAL - 2.1 Proposed is the installation of a 600x600mm industrial extraction flue at the rear of Capital House. The flue would exit the wall 5 metres above ground level and reach approximately 1.1m above the roof level. The flue would run up the rear elevation and then along a lower part of the rear roof - accessible from the roof for maintenance. - 2.2 The proposed flue is an attempt to address smells in Princes Street Lane emitting from the restaurant. A ventilation calculation provided with the application states that an extraction with flow rate of 3.58m3/s is needed, based on the fryers and wok ranges used in the restaurant. This would be provided by the proposed vent based on the technical specification submitted with the application.
3.0 PLANNING POLICY - 3.1 The site is shown on the Douglas Local Plan 1998 as being designated within an Area of Predominantly Office Use. - 3.2 General Policy 2 applies to proposals that are in accordance with the land-use zoning and states that development will normally be permitted where they: -
"(b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (g) does not affect adversely the amenity of local residents or the character of the locality; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways."
3.3 Environment Policy 22 is relevant to this particular application:
"Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:
4.0 PLANNING HISTORY - 4.1 There is no planning history for this site regarded as materially relevant to this application.
5.0 REPRESENTATIONS - 5.1 Douglas Borough Council have no objection to the application (12.04.19). - 5.2 DoI Highways do not oppose the application "subject to the flue not overhanging the adjacent adopted highway to the rear/front of the building which would be illegal." (26.04.19).
6.0 ASSESSMENT - 6.1 The key considerations in the assessment of this application are the effect of the flue on the level of odour and noise pollution on nearby residents, and the visual impact of the proposal.
6.2 The level of odour from the restaurant has been the subject of a complaint from Princes Street residents and is the main reason for the proposed flue. The flue would ensure than odours are emitted well above the level of the residential terrace to the rear and should reduce the negative impact on their amenity. Noise levels would not be expected to increase from the level generated by the vents as existing. There would be sufficient distance of over 12m from the flue to the closest residential garden area to further reduce the likelihood of noise pollution. In this respect the proposal accords with EP22. - 6.3 Visually, the potential impact has been assessed from both the perspective of the main public thoroughfares nearby - specifically Circular Road, and the narrow access lane to the rear - Princes Street Lane. The flue would protrude above roof level by 1.6m, slightly less than that of various aerials and satellite dishes at present. Those existing structures are partly visible when viewed from the southern footpath of Circular Road when looking directly up towards the roof. The flue would sit lower than this and at the rear, it is therefore not expected that it would be visible at all from Circular Road or from Bucks Road/Prospect Hill. If slightly visible above the roofline this would be secondary to the existing structures and not noticeable to anyone not actively looking for it from the southern side footpath of Circular Road due to the height of the building. - 6.4 The flue would be very visible from Princes Street Lane at some distance at either side up to the corners in the lane, it would also be visible from the rear second storey elevations of dwellings on Princes Street. This would have some negative impact. That being said, the lane at present is not an attractive one and is used primarily for access and parking for vehicles in Atlantic House and Capital House, as well as some garages. There is an existing level of clutter associated with the rear of these mixed use buildings, whilst the flue would be a prominent and noticeable part of this, it would not result in unacceptable further harm. - 6.5 The flue would be positioned 5m above the level of Princes Street Lane, meaning that HGV's and other vehicles would have the necessary clearance to maintain access. It is considered that there would be no harm in this respect in planning terms, in accordance with GP2 (i).
7.0 CONCLUSION - 7.1 Overall, the proposal would have a minimal visual impact due to its location and positioning. In any case, the improvement on neighbouring residents amenity means that on balance, the proposal is acceptable and recommended for approval.
8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:
8.2 The decision maker must determine:
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date: 18.07.2019 Determining officer
Signed : S CORLETT Sarah Corlett Principal Planner
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