19 December 2023 · Head of Development Management (Stephen Butler)
Manxonia House, Bay View Road, Port St Mary, Isle Of Man, IM9 5da
The proposal seeks to vary a condition on a prior approval (21/01313/B) that allowed retail (Use Class 1.1), tearoom/restaurant (Use Class 1.3), and tourist accommodation at two buildings on the Promenade in Port St Mary, changing customer opening hours from 9am to 11pm to 8am to 11:45pm every day, with an extension to…
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The officer assessed that the extended hours from 8am start would not be unsocial given similar nearby facilities and morning village activity.
General Policy 2
General Policy 2 sets general standards for acceptable development, particularly (g) in respect of amenity impact. The officer assessed the extended hours would not result in unreasonable or unsociable impacts on neighbours or amenity given the site's location, finding it compliant.
Environment Policy 22
Environment Policy 22 addresses noise. The proposal's extended evening hours were tested for potential noise from customer departure; officer concluded unlikely significant adverse impact on living conditions.
Environment Policy 23
Environment Policy 23 addresses smells and lighting alongside amenity impacts. No significant issues identified with the modest extensions in a mixed-use commercial area.
Environment Policy 35
Environment Policy 35 ensures no harm to potential conservation status in the proposed Port St Mary Conservation Area. No physical changes proposed, so no harm from hours variation.
Business Policy 1
Business Policy 1 supports growth or employment opportunities. Revitalising buildings for mixed uses including extended hours contributes to Port St Mary's vitality.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Opening hours
No customers of the retail, tearoom or restaurant facilities hereby approved (Use Class 1.1 and 1.3) shall be served or remain in the building outside the following hours: 0800 hrs - 2345 hrs any day, and 0800 hrs - 0045 hrs on New Year's Eve/New Year's Day. Reason: The application has been assessed on this basis as requested in the application and in the interests of public amenity, and to separate the customers of the retail/tearoom/restaurant facility from the customers of the tourist accommodation.
no objections
No Highways Interest
will bring valuable benefits to local community and growth of Port St Mary offering additional leisure and entertainment whilst bringing a valuable asset back into use and enhancing the village for its residents and visitors
Highway Services HDC has no interest in the application, Port St Mary Commissioners have no objections, and a public representation strongly supports the variation of opening hours.
Highway Services HDC
No CommentHighway Services HDC has no interest (NHI) in: 23/01196/B
Port St Mary Commissioners
No ObjectionPort St Mary Commissioners had no objections to 23/01196/B