16 July 2008 · Senior Planning Officer (delegated under Article 3(13) of the Town and Country (Development Procedure) Order 2005)
6, Quines Corner, Douglas, Isle Of Man, IM1 4lf
The application sought to vary condition 3 of the original 2007 planning permission (06/01161/C) for change of use from retail to fish and chip takeaway (Sui Generis), restaurant and coffee house (Use Class 3) at The Chart Room, 4, 5 & 6 Quines Corner, Douglas.
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The decision notice does not provide detailed reasoning, but references an officer's report available for inspection. The attached inspector's report from the original approval (06/01161/C) assessed t…
Relates to variation of original permission
This permission relates to variation of condition 3 of planning permission no.06/1161/C dated 26th January 2007 for the change of use of existing retail use to a fish and chip take-away (use class Sui Generis), restaurant and coffee house (Use class 3) as shown in drawing number 0610/PL02 and application forms date stamped 4th April 2008.
Opening hours restriction
The uses hereby permitted shall not be open to customers outside 0900-2200 hours on Mondays to Saturdays. The uses hereby permitted shall not be open on Sundays and Bank Holidays outside 1200-1900 hours except on TT Bank Holiday and Good Friday where the uses shall not be open outside 1200-2200 hours.
Temporary permission for 2 years
This permission is for a period of 2 years only from the date of the notice after which the uses hereby permitted shall be operated in accordance with condition 3 of Planning Permission number 06/1161/C dated 26th January 2007, unless there is by that date planning permission for a further period.
The original application (08/00715/C) sought variation to a condition of approval PA 06/01161C to allow opening until 22:00 on Friday Bank Holidays for a fish and chip takeaway, restaurant and coffee house. The Planning Committee refused it, though specific reasons are not detailed. The appellant argued the proposal was suitable for the locality. The inspector concluded the use would not harm residential amenities, cause illegal parking, or impair highway safety, subject to conditions, and found extended hours acceptable with modifications. The inspector recommended allowing the appeal and granting approval with revised hours (0900-2200 Mon-Sat, 1200-1900 Sun/Bank Holidays) and extraction system conditions.
Precedent Value
This appeal shows inspectors may allow extended takeaway hours in suitable localities if amenities and highway safety are protected by conditions; applicants should propose extraction systems and accept modified hours.
