15 October 2009 · Planning Committee
2, Marina Road, Douglas, Isle Of Man, IM1 2he
The proposal sought to extend the operating hours of the Istanbul hot food takeaway at 2 Marina Road, Douglas, by one hour each day: to 01:30 weekdays and 04:00 weekends, varying condition 4 of prior approval PA 99/01898/C for change of use to takeaway.
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The Planning Committee declined the officer's recommendation for temporary permission, finding the one-hour extension would result in increased noise and disturbance harming nearby residents' amenity.…
General Policy 2
Requires development in zoning not to adversely affect amenity of local residents or character of locality (g), and to take account of community/personal safety/security (m). Officer assessed proposal as marginal impact in shopping zone but Committee found it would harm residential amenity and safety due to noise/disturbance/crime risks from extended hours.
Community Policy 7
Requires new development/extension to pay due regard to best practice preventing criminal/anti-social behaviour. Officer noted two approaches to night-time economy (disperse vs concentrate) but Police ALO evidenced 'honey pot' effect; Committee agreed extension would increase antisocial/criminal potential, failing policy.
takeaway staff keep area clean and tidy; extension will not change litter/noise approach
supports the proposal
no noise issues from Istanbul; occasional weekend noise expected in main Douglas street
no reason to complain about noise or rubbish; interest expressed
No objection
no comments indicating no objection
Isle of Man Constabulary formally objects to the variation of opening hours for the late-night takeaway at 2 Marina Road, citing it as a 'honey pot' and crime generator based on detailed crime statistics showing high levels of disorder in the area. Douglas Corporation has no objection.
Key concern: late-night takeaway acting as 'honey pot' and crime generator evidenced by 82 incidents including 67 disturbances over two years
Isle of Man Constabulary
Objection"I would wish to formally object to the variation being granted in respect of this application."; "Late-night takeaway premises are widely recognised as being 'honey pot' or potential 'crime generator' environments"; "there has been a significantly higher level of incidents occurring within Marina Road during the midnight to 5am period when compared to the routes giving immediate access to the said area (over eight times as many as within Castle Street and almost five times as many as on Harris Promenade)"
Douglas Corporation
No ObjectionDouglas Corporation have no objection to the proposals
The original application sought to vary condition 4 of PA 99/01898/C to extend opening hours for a fast food takeaway from 0030/0300 to 0130/0400. It was refused by the Planning Committee due to concerns over increased noise, disturbance to residents, and potential for antisocial and criminal activity. The appellant argued no evidence linked their operation to issues, neighbours supported the extension, other takeaways operate later, and a temporary permission was reasonable. The inspector found no direct evidence tying the premises to past incidents (which predated the appellant's operation), deemed predictions uncertain, and recommended a 1-year temporary permission to monitor impacts. The appeal was recommended allowed with conditions.
Precedent Value
This appeal shows inspectors favour temporary permissions for uncertain amenity/crime impacts from late-night uses, allowing evidence-gathering over outright refusal. Applicants should provide site-specific evidence, neighbour statements, and accept monitoring conditions to overcome policy concerns.
Inspector: David Bushby
