Planning Officer Inspector Report

The Site 1. The site is the curtilage of 37 and 39, Clagh Vane which incorporates a local grocery store on the ground floor and storage above (see below). The property sits in the heart of Clagh Vane, a large housing estate which sits on the western side of the A5 Douglas Road. The properties within the estate including the application property, are generally semi-detached or terraced two storey buildings. ### Planning Status 2. The property lies within an area designated as Residential on the Isle of Man Planning Scheme (Development Plan) Order 1982 and the draft Southern Area Plan published on 23rd October, 2009. The latter also identifies an area of Regeneration. However the whole of Clagh Vane is undergoing significant upgrading and re-development including the replacement of existing buildings in some cases. ### Planning History 3. Planning permission was sought and granted for the installation of a sign on the gable of the shop under PA 92/1137. Retrospective permission was sought and granted for the extension of the shop into the adjoining dwelling and upwards into the living accommodation above the shop to form storage accommodation in association with the shop, under PA 04/2044. Planning permission was most recently granted for the conversion of part of the ground floor store into a take away facility for hot food, subject to opening times of Wednesdays, Thursdays, Fridays and Saturdays 1700-2100hrs and Wednesdays, Fridays, Saturdays and Sundays 1200-1500hrs as requested by the applicant at the time. 4. On the other side of the road from the application site, planning permission has been sought for the conversion of two existing dwellings to a tenant liaison facility with clerk of works offices above for the duration of the regeneration works (PA 09/2005) and for use of the adjoining properties as a community facility (PA 09/2092). Both applications have been permitted. ### The Proposal 5. Proposed is the alteration of the opening hours from those approved above to include Thursdays in the midday opening and to start a little earlier, at 1130hrs and close earlier at 1400hrs. Also on Wednesdays, Thursdays, Fridays and Saturdays it is proposed to open half an hour earlier, at 1630 hrs and to open on Sunday late afternoon to early evening - 1630 2100hrs. The grocery supermarket will continue to operate from the remainder of the shop, with no access from the shop into the takeaway or vice versa. ### Representations 6. Malew Parish Commissioners indicate that they do not oppose the application. ### Assessment 7. There are no specific policies within the Strategic Plan which relate to food take away facilities but the few policies that there are direct new retail development to existing town and village settlements. This site is in the heart of Ballasalla and close to the catchment population and immediately adjacent to the existing village store. The building is detached and with no residential accommodation above and as such, the operation of the flue is not likely to cause nuisance to nearby residential properties and no complaints have been received since the opening of the facility. 8. The opening hours do not involve late night or anti-social hours of operation and the additional opening hours do not involve later opening or any times when the operation of the facility is likely to be a nuisance. 9. As such, this application is considered to be acceptable. 10. If the Inspector is minded to recommend that the application should be approved, consideration should be given to a condition which limits the hours operation in accordance with what has been proposed by the applicant and as described above. ## Conditions 11. This permission relates to the variation of condition 3 of PA 10/0048 such that the take-away 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. 12. The premises are otherwise subject to the remainder of the conditions 1 - 4 as previously attached.