2 October 2012 · Planning Committee - signed by Mrs P Faragher, Deputy Secretary to the Planning Committee
Island Hearing, 1, Station Road, Port Erin, Isle Of Man, IM9 6ae
The proposal involved changing an existing single-storey end-terrace retail shop in a mixed-use area of Port Erin to a hot food takeaway selling pizzas, fajitas, kebabs, and burgers, with opening hours up to 12 midnight Sunday-Thursday and 1:30am Friday-Saturday, and installation of a 'state-of-the-art' extraction flue…
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The officer accepted the principle of a takeaway in the mixed-use area under Port Erin Local Plan and Strategic Plan policies supporting development in service centres like Port Erin.
General Policy 2
Requires development in zoning to respect surroundings, not adversely affect amenity of residents or locality. Officer found principle acceptable in mixed-use but failed on amenity due to noise/odour near residences.
Environment Policy 22
Prohibits development unacceptably harming amenity via odour, noise pollution. Extraction too close to bedrooms (5m, below window level) likely symptomatic of odours; customer noise during anti-social hours; EPU confirmed high risk.
Strategic Policy 2 - Priority for new development to identified towns and villages
Supports new development in existing towns/villages like Port Erin service centre.
Approved subject to provision of CCTV, additional litter bins and litter picking in vicinity of premises
no objection, has no traffic management, parking or road safety implications
no objection but recommend controlling trading hours to not operate 0000-1200hrs Mon-Fri and 0130-1200hrs Sat-Sun due to anti-social behaviour risks
Environmental Protection Officer raises concerns over odour, noise and recommends strict conditions if approved; Police request trading hour restrictions; multiple local residents and management companies strongly object citing smells, noise, litter, vermin, parking and amenity impacts.
Key concern: odour and noise nuisance due to extraction unit only 5m from residential bedrooms
Environmental Protection Officer (Simon Renton)
Conditional No Objectionexhaust is well within 20m and significantly below the height of residential apartments approximately 5m away; unlikely to meet criteria recommended to prevent sleep disturbance at night
Conditions requested: prohibit operation at night (2300-0700 hrs); discharge stack not less than 1m above roof ridge with fine filtration/ESP + carbon filtration (0.3-0.6s residence time) OR fine filtration + neutralising system; ‘rating level’ noise LAeq,1hr ≤40dB daytime (0700–2300), LAeq,5min ≤30dB night-time (2300–0700) at residential façade per BS 4142:1997; low frequency tonal noise inside residences not to exceed specified 1/3 octave band limits
Isle Of Man Constabulary (Mike Radcliffe)
Conditional No Objectionlate-night takeaway type premises act as ‘honey pots’... increasing opportunities for, and ergo the likelihood of, criminal or anti-social behaviour
Conditions requested: trading hours not to operate 0000-1200hrs Mon-Fri and 0130-1200hrs Sat-Sun
The original planning application 12/01005/B sought conversion of an existing retail shop to a takeaway and installation of an extraction unit to the rear elevation at 1 Station Road, Port Erin, IM9 6AE, and was refused by the Department of Infrastructure. Bohemian Café Style Restaurant, represented by agent David Norman, appealed under Article 8 of the Town and Country (Development Procedure) Order 2005 on 17 October 2012, initially requesting written representations procedure. The process shifted to a hearing after a request, with statements due by 23 November 2012. However, on 26 November 2012, the appellant withdrew the appeal via their agent. The original refusal decision therefore stands, with no inspector's analysis or determination issued.
Precedent Value
This withdrawn appeal sets no planning precedent as it was not determined by an inspector. Future applicants should ensure commitment to the appeal process before lodging to avoid administrative costs and delays.
