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The application site is situated on the north-western side of Empress Terrace. The building is currently hotel. The site is within an area zoned as Tourism/Residential/Offices and is located within the Douglas Promenades Conservation Area. To the north east of the application site is No.3 Empress Terrace. This is a 4 diamond hotel.
This application is seeking planning permission for the retention of a flue to the rear of the property and a rear extension
Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 2, Environment Policies 22 and 35.
The following previous applications are considered relevant in the consideration of this application: 06/02006/B - Conversion of Restaurant to cater for non residents – granted 02.02.2007 03/00093/B – Installation of replacement uPVC windows to front elevation – granted 12.06.2003
Highways Division of the Department of Transport do not oppose the application. Douglas Corporation does not object to the application. Standard comments have been received from the Isle of Man Fire and Rescue Service.
The occupiers of Rosslyn hotel have objected to the application. Their concerns relate to the fumes and smells from the flue which is effecting their business and family. The objector had also indicated verbally they were concerned about the noise from the flue.
The key issue here is whether the flue and the extension impacts on the character and appearance of the Conservation Area and whether the proposal impacts on the neighbouring properties.
In respect of the impact on the Conservation Area, the flue is set to the rear of the property and is not visible from Empire Terrace or Mona Drive and will not adversely affect the character and appearance of the Conservation Area. However, part of the rear extension is visible from Mona Drive. There are similar extensions in the vicinity of the application site. The extension is relatively modest in size and it is considered that it does not adversely affect the visual amenities of the locality.
In respect of the impact from the flue on the neighbouring properties, the applicant had installed a shorter flue without planning permission which resulted in a complaint to the Planning Authority and to Environmental Protection Unit. The applicant has been in close co-operation with the Environmental Protection Unit to rectify the noise and smell nuisances. The applicant has now replaced the flue with a much taller flue, which has additional silencers and takes the fumes up to the roof level instead having the fumes collected between the existing buildings. This proposal now overcomes the concerns of the neighbouring property and will not adversely affect the amenity of the neighbouring properties. Furthermore, the Environmental Protection Unit has imposed noise limits on the occupier so as not to cause a nuisance to neighbouring properties.
In respect of the impact of the extension on the neighbouring property, the extension will is single storey structure which abuts a similar extension at the No.3 Empire Terrace. The proposal does not impact in anyway or form in terms of overlooking or overshadowing.
It is recommended that planning permission be granted subject to conditions in the attached schedule.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
Whilst the Isle of Man Fire and Rescue Service represents a statutory authority, the points raised in correspondence relate to Building Control matters and not planning and as such should not be afforded party status in this instance.
It is considered that all parties who made representations to the planning application comply with the requirements of Planning Circular 1/06 – Determination of Interested Party Status.
In summary, it is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded interested party status:
Accordingly the following parties are not afforded interested party status:
Recommended Decision: Permitted
Date of Recommendation: 21.12.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
This permission relates to the retention of a rear extension and extractor flue as shown in drawing numbers IMJ/0120/001, IMJ/0120/002 date stamped 2nd November 2007, Letter from Industrial Equipment Ltd dated 17th May 2007, 01139/1 and 01139/2 date stamped 15 June 2007.
The broadband level of the noise emitted from the mechanical ventilation system shall not exceed LAeq, 1 hour - 37dB daytime (0700 – 2300) and LAeq, 5 minute - 30 dB night-time (2300 – 0700). This shall be measured inside any adjacent residential premises.
NI. Note added in low risk CFD comments dated 20/12/07. @ 21.107
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted
Date : 24/12/07
Signed : ... M. I. McCauley Director of Planning and Building Control
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