Variation of condition 3 of PA 10/00048/B to alter approved opening hours

Why Was This Approved?

• ✓Detached building with no residential accommodation above, limiting nuisance risk from the flue
• ✓No complaints received since the takeaway facility opened
• ✓Opening hours restricted to lunchtimes and early evenings, avoiding late-night operation
• ✓Site located in the heart of Ballasalla, close to its catchment population
• ✓Condition attached to formalise the approved operating hours

The application varied condition 3 of an earlier permission to alter the operating hours of a takeaway at 37 and 39 Clagh Vane, a local grocery store in the heart of Ballasalla. The approved hours allow the takeaway to open Wednesday to Saturday evenings between 16:30 and 21:00, and Wednesday to Sunday lunchtimes between 11:30 and 14:00. The building is detached with no residential accommodation above, which the officer considered significant in assessing the risk of nuisance from the flue. No complaints had been received since the facility opened. The Strategic Plan contains no specific policies on takeaway uses, but the site's location within an established settlement and close to its catchment population was considered consistent with the general direction of retail policy. The hours proposed do not extend into late-night or anti-social periods, and the application was approved with a condition formalising those hours alongside the remaining conditions from the original permission.

The takeaway was approved because the building is detached with no residential accommodation above, reducing the risk of nuisance from the flue, and no complaints had been received since opening. The proposed hours avoid late-night operation and were not considered likely to cause disturbance to nearby residents. A condition was attached to limit opening to the hours proposed by the applicant.

Policies Assessed (3)

Conditions (2)

1. 1

   Condition 1

   This permission relates to the variation of condition 3 of PA 10/0048 such that the takeaway premises may be open to customers within the following hours: Wednesday, Thursday, Friday and Saturday evenings between 1630hrs and 2100hrs and Wednesday, Thursday, Friday, Saturday and Sunday lunchtimes between 1130hrs and 1400hrs.

2. 2

   Condition 2

   The premises are otherwise subject to the remainder of the conditions 1 - 4 as previously attached.

Documents (9)