Dept Decision and Inspector's Report

Chief Secretary'S Office

Oik yn Ard-Scrudeyr

Planning Appeals Office

Government Office DOUGLAS Isle of Man IM1 3PN Direct Line (01624) 685280 Fax (01624) 685710 Email: [email protected] CHIEF SECRETARY W Greenhow ACMA Our Ref: CSOAJO/Appl

19th November 2013

Dear Sir/Madam,

Application No: 13/91088/C

Proposal:

Variation of condition 3 of approved fish and chip shop take-away (PA 10/01682/C) to allow additional opening days

Address:

Andy's Plaice 37 Clagh Vane Ballasalla Isle Of Man IM9 2HD

Decision:

Department Application Approved

Applicant:

Andrew Johnston

I refer to the abovementioned planning application.

In accordance with the Article 9 of the Town and Country Planning (Development Procedure) (No 2) Order 2013, I herewith give notice of the decision as follows.

The application has been approved subject to the following condition(s):

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. This approval relates to a variation in the permitted opening times of the hot food take-away at 37 Clagh Vane, Ballasalla as shown on drawing 1494-01 Rev B (two separate pages of A3 paper) received by the Planning Authority on 13th September 2013.
3. The premises shall not be open to customers outside the following times:

• Monday and Tuesday: 1200 hrs to 1500 hrs and 1645 hrs to 2100 hrs
• Wednesday to Saturday inclusive: 1130 hrs to 1400 hrs and 1630 hrs to 2100 hrs
• Sunday: 1130 hrs and 1400 hrs

In accordance with article 10(c) of the Order, please be advised that the decision of the Council of Ministers is binding and final (subject to the possibility of judicial review by petition of doleance)

The Planning Inspector's report, upon which the decision was determined, may be viewed by visiting https://www.gov.im/planningapplication/services/planning/search.iom, or by contacting the office of the Chief Secretary for a hardcopy (Tel 685204).

Yours faithfully

W. Alon

Chief Secretary

Application by Mr Andrew Johnson t/a Andy's Plaice Fisk and Chip Takeaway for: Variation of condition 3 of approved fish and chip shop take-away (PA 10/01682/C) to allow additional opening hours/days, Andy's Plaice, 37 Clagh Vane, Ballasalla.

Site visit: Monday 21 October 2013

Preamble

1. The application was referred to the Council of Ministers in accordance with Section 10(1)(b) of The Town and Country Planning (Development Procedure) (No2) Order 2013 because the Department of Infrastructure is deemed to have an interest in the site.

Site and Development

1. 37 Clagh Vane is a local fish and chip shop, operated in conjunction with an adjoining mini-market grocery store at No 39. The two premises stand detached from others within the Clagh Vane residential estate currently undergoing refurbishment and redevelopment. There are houses opposite (backing onto this street) and others nearby.

1. In line with an appointed person's report, the Council of Ministers granted an approval (PA 10/00048/B) issued on 8th June 2010 for: Conversion of existing shop to a hot food take away and installation of an extractor flue, subject to conditions including:

1. The premises shall not be open to customers outside the following hours:

• Wednesday, Thursday, Friday and Saturday evenings 1700 - 2100 hrs and
• Wednesday, Friday, Saturday and Sunday lunchtimes 1200 - 1500 hrs

1. The Council of Ministers granted a further approval, issued on 18th February 2011 (PA 10/01682/C), again in line with an appointed person's report, for Variation of Condition 3 of PA 10/00048/B to alter approved opening hours, subject to conditions:

1. 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 1630 hrs and 2100 hrs
• Wednesday, Thursday, Friday, Saturday and Sunday lunchtimes between 1130 hrs and 1400 hrs.

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

1. The current application, transposed to a 24 hour clock, seeks approval to open at the following times: Existing hours + Monday and Tuesday 1200 hrs to 1500 hrs and 1645 hrs to 2100 hrs.

Representations

1. The Malew Parish Commissioners confirm that they have no objection. The Department of Social Care advised the applicant that if successful he would need to revise the terms of his lease, that that Department's advice to allow the planning application to be submitted is no guarantee that approval would be given to any change to the tenancy, but that the planning process and decision would help inform the DSC's decision. The Planning Officer has outlined the planning policy framework, the planning history confirmed that the upper floor of the combined premises is used for storage and that the authority has no record of any complaint regarding the fish and chip shop. He has also recommended conditions in the event of an approval. There is no other representation on file.

Inspector's Assessment

1. Generally speaking the main issues regarding proposals for hot food take-aways concern parking and residential amenity with respect to noise, disturbance and fume extraction. In this instance there is convenient parking in the immediate vicinity, fume extraction equipment has been a requirement from the outset and the hours now proposed are, in essence, similar to those approved previously for other weekdays but extended to include Mondays and Tuesdays. There is nothing to suggest that the business currently causes any undue impact, quite the reverse, the increased trading hours sought suggests that it is appreciated by the substantial number of people living in this locality. The most crucial consideration is the final closing time and in my view 2100 hrs ( 9 pm ) would be reasonable for these additional two nights of the week. The requirements of Strategic Plan General Policy 2(g) regarding residential amenity would continue to be met.
2. Before making my recommendation on the application, and as an exception to my normal practice, I will add a general suggestion. This is the third consideration by the Council of Ministers regarding the opening times of this small, local business. In the event of any future application for further variations, there would be merit in the Planning Authority encouraging this to encompass the full extent that might be acceptable in planning terms. If approved, that would provide flexibility for the proprietor to trade, subject separately to lease terms, within the overall approved range of times in response to market conditions without the need for subsequent planning applications.
3. For the present, however, my recommendation must be directed to the days and times sought since it is these that have been subject to publicity and the opportunity for comment. In line with the Planning Officer's suggestion, for clarity I recommend one condition covering the cumulative effect of approvals regarding opening times. I recommend identifying the relevant drawing but see no reason to require full compliance with it since works are not proposed.

Recommendation

1. I recommend that the application be approved subject to the following conditions.
2. The development hereby permitted shall commence permission before the expiration of four years from the date of this notice.
3. This approval relates to a variation in the permitted opening times of the hot food take-away at 37 Clagh Vane, Ballasalla as shown on drawing 1494-01 Rev B (two separate pages of A3 paper) received by the Planning Authority on 13th September 2013.
4. The premises shall not be open to customers outside the following times;

Monday and Tuesday: ................ 1200 hrs to 1500 hrs and 1645 hrs to 2100 hrs; Wednesday to Saturday inclusive:. 1130 hrs to 1400 hrs and 1630 hrs to 2100 hrs; Sunday:.................................... 1130 hrs and 1400 hrs.

Alan Langton

Inspector