Officer Planning Report

Planning Report And Recommendations {{table:197336}} ### Considerations {{table:197333}} ### Written Representations ### Consultations {{table:197334}} {{table:197335}}

Officer's Report

Condition 3 of the Planning Permission Number 06/01161/C states that "The use 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. The applicant's are seeking a permission to vary this condition to extend Friday Bank Holiday opening times to 10pm.

There are at least two Friday Bank Holidays a year which are permanently fixed. These are Good Friday and T.T Bank Holiday (Senior Race Day); however, there is the potential of further Friday Bank Holidays occurring but is dependent on the calendar cycle. The possible Friday Bank Holiday which could area on either New Years Day, Tynwald Day, Christmas Day or Boxing Day.

The applicant has indicated that the applicant is wishing to open long only on TT Bank Holiday and Good Friday. I do have some concern about whether it is acceptable to allow longer periods of trading on these days; however, I consider a pragmatic approach would be to allow the use to open as suggested but on a temporary basis, so as to monitor the situation and assess whether the operation does cause significant harm to the local residents of the locality. I therefore recommend that a temporary planning permission be granted.

Recommendation

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.

This permission relates to variation of condition 3 of planning permission no.06/1661/C dated 26th July 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.

C 2.

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.

C 3.

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.

I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)

Decision Made: Permitted Date: 8/7/08

Signed: _________________________ Mrs F Mullen Senior Planning Officer