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{{table:166736}} ### Considerations ### Written Representations ### Consultations
The site represents part of the complex of buildings which accommodate Darnill's Garage and associated shop, bakers and dry cleaner's. The shop in question accommodates a hot food take away permitted under PA 06/0318.
The site lies within an area designated on the Port Erin Local Plan as Mixed Use.
The following applications have been submitted in respect of this complex:
| Application No.: | 07/01044/R |
| Applicant: | Mr K Oates |
| Proposal: | Continuation of extended opening hours (Variation to approved 06/00318/B) |
| Site Address: | "Pizza The Action" Darnills Complex Station Road Port Erin Isle Of Man IM9 6AB |
| Case Officer: | Miss S E Corlett |
| Photo Taken: | |
| Site Visit: | |
| Expected Decision Level: | Planning Committee |
| Consulttee: | Highways Division |
| Notes: |
PA 99/1151 - change of use of baker's/confectioner's to include the sale of hot food for consumption off the premises - permitted (conditions include hours of operation between 0800 and 1700 hours Monday to Saturday inclusive)
PA 01/2184 - installation of diesel tank and dispenser - permitted PA 03/1939 - alterations to service station and shop - permitted PA 04/1342 - demolition and re-development of retail shop and amendments to the forecourt - permitted and PA 06/0318 - change of use from retail outlet to a hot food take away - permitted.
Now proposed is a change to one of the conditions of the most recently permitted application, to effectively extend the opening hours of the premises from 1700 - 2230hrs Monday to Thursday and slightly later on Friday or Saturday 1700-2330hrs to up to 2330 Monday to Thursday and up to 1am Fridays and Saturdays.
Despite objections having been received to the original change of use, the only correspondence submitted in respect of this proposal is from the local authority who raise no objection to this proposal for the extension of opening hours.
The garage opens until 10pm Monday to Saturday so as permitted, the hot food establishment opens later than this. The premises alongside and in the vicinity of the application site are not residential and as such the longer opening hours are not likely to result in any adverse impact on residential amenity.
The fish and chip shop and diner on the opposite side of Station Road is presently closed on Mondays and Sundays and otherwise open until 8.30 (diner) and until 9 Tuesday to Friday and Sunday and until 10 on Fridays. The public house next to the fish and chip shop is open until later than this.
Arguably the presence of an illuminated and occupied commercial establishment could improve security in the area later at night after other premises have closed. The fact that the pizza shop has been open for some time and that this application has not generated objections, may be taken as confirming this.
I can see no reason why longer opening hours will be detrimental to the village and indeed the Commissioners do not object to the application.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
Recommended Decision: Permitted Date of Recommendation: 09.07.2007 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval
N : Notes attached to conditions R : Reasons for refusal
C 1. This permission relates to the operation of a hot food take away where the take away may not be open for business outwith the period 1700-2330hrs on any any Sunday through Thursday or outwith the period 1700-0100hrs on any Friday evening -Saturday morning and Saturday evening-Sunday morning.
Decision Made : APPROVED Committee Meeting Date : 19/7/07
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