Officer Planning Report Recommendation
Application No.: | | | :-- | :-- | | Applicant: | Heritage Homes Ltd | | Proposal: | Amendments to approved neighbourhood shops and takeaway with apartments <br> over, | | Site Address: | Land Between Brickfield And Ballaquane Cottage And Strip Of Land Opposite, <br> South Of Poortown Rd, Running West Covering North Part Of Fields 314444, <br> 315097 And 314443, (county Series 1777, 1774 And 1771) Poortown Road <br> Peel/German | ### Considerations Case Officer : Diane Robinson Expected Decision Level: Delegated Decision ### Written Representations We have received no private representations for this application. ### Consultations Consultee : Highways Division Notes : no adverse traffic impacts Consultee : Peel Town Commissioners Notes : approved Consultee : German Parish Commissioners Notes : No objections Consultee : Isle Of Man Newspapers Notes : Policy
Officer's Report
The site relates to the Neighbourhood Centre approved under PA 03/791 at the Ballawattleworth Estate, Peel.
The application seeks amendments to one element of the approved scheme namely the erection of three shops with apartments over.
The amendments relate to:
a. a change in the size and position of some windows b. the addition of facing brick to one of the side elevations c. the introduction of electric and gas meter positions d. the inclusion of an extractor duct to the rear of the takeaway. A to C above are of a minor nature and are considered acceptable.
In terms of the extractor flue, the previous decision notice stated in a note that 'if the proposed takeaway requires an external flue under the Environmental Health Legislation, a planning application must be submitted and approval granted for such a flue prior to the use of the unit as a takeaway.'
The flue has been shown to emerge from the rear of the takeaway and discharge at a point 900mm above eaves level. Following discussion with both Sally Renolds, and Simon Renton (noise specialist) from Environmental Health the three concerns from their viewpoint relate to odour, noise and vibration particularly given the proximity of the proposed residential properties. In hindsight, potential problems could have been minimised by avoiding the positioning of a takeaway below a residential flat. In future, similar developments should be avoided.
The Environmental Health team have recommended a number of conditions. Given that the Environmental legislation is often reactive and can only act when a nuisance is being caused it is better to use a number of key conditions to make the potential users aware of the minimum standard of extraction that will be required given the close proximity to residential properties. If such conditions were omitted, the user could use the defence of 'best practicable means', which may allow a lower standard of extraction system.
Given that the user of premises is not currently known, opening hours should be restricted to a reasonable time.
Recommendation Recommended Decision: Permitted Date of Recommendation: 20.07.2004
Conditions and Notes for Approval / Reasons and Notes for Refusal
- C: Conditions for approval
- N: Notes attached to conditions
- R: Reasons for refusal
- O: Notes attached to refusals
C 1.
