13 March 2020 · Planning Committee
Athol Park Guest House, Athol Park, Port Erin, Isle Of Man, IM9 6ex
This decision was appealedAP20/0007
Appeal dismissed
This decision was appealedAP21/0040
Appeal dismissed
The proposal involves changing part of the ground floor of the three-storey Victorian terraced guest house to a public restaurant seating 30 people, open to non-guests alongside existing guest dining.
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The officer assessed whether the restaurant would harm neighbour amenity or highway safety, and detract from village centre vitality.
General Policy 2
Requires development in accordance with Area Plan zoning, respecting site/surroundings in siting/layout/scale/design, not adversely affecting townscape character, resident amenity, or locality character, with safe access/parking and no highway impact. Officer assessed proposal against residential zoning and Victorian terrace setting, finding no significant amenity harm beyond existing use, adequate parking, and no townscape detriment despite restaurant introduction.
new retail provision at a scale appropriate. Major retail development proposals to be supported by Retail Impact Assessment
Supports new retail in existing areas at appropriate scale without harming adjacent retail; major proposals need Retail Impact Assessment. Officer found small-scale restaurant would not detract from Port Erin's defined retail area vitality.
Business Policy 10
Permits retail only in established centres except specified cases. Site outside centre but officer concluded location near centre and in ex-guest house area would not undermine centre, given under-used mixed-use potential noted in Area Plan.
Transport Policy 7
Requires parking per standards, service space for shops. Parking survey satisfied requirements for town centre proximity use.
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Operating hours and no takeaway
No meals may be served to the public after 2200hours on any day and for the avoidance of doubt, the premises may not trade as a take away facility. Reason: to ensure that the restaurant does not adversely affect the living conditions of those in neighbouring property.
support the application although concerns about car parking, note car parks available nearby, request condition closing to public by 2200hrs
initially concerned but raised no objection based on parking survey indicating adequate parking
no objection subject to conditions relating to Sewerage Act 1999
Mixed responses to planning application 19/01284/C for additional use of guest house as restaurant, with Port Erin Commissioners offering conditional support, Manx Utilities no objection with drainage conditions, Highways initially deferring but later no objection, one neighbour objecting on amenity grounds, and another supporting.
Key concern: change of use out of keeping with residential area
Port Erin Commissioners
Conditional No ObjectionThe Board has resolved to generally support the application, but it does have concerns with potential car parking issues; Should permission be granted for the change of use, the Board feels that a condition regarding a closing time of 10pm each evening be applied due to the location of the property.
Conditions requested: a condition regarding a closing time of 10pm each evening
Manx Utilities Authority
Conditional No ObjectionManx Utilities Authority has assessed the above planning application and would like to advise you that the Authority has no objection to the application subject to the following condition/s
Conditions requested: Under section 6 of the Sewerage Act 1999 there must be no discharges of any matter likely to injure the sewer or drain; No discharges of fat or other food waste, which will affect the performance of the public foul sewerage system, will be permitted to the foul sewer; A grease/fat trap is recommended to be installed and maintained by the occupier/ owner to prevent any such waste entering the drainage system.
Highways Division
No CommentThe applicant should provide a parking survey so that the existing parking demands and any spare capacity are fully understood; The parking survey should reflect the times when the restaurant is in operation and should include all on street parking / car parks within a reasonable distance of the site....in this case 400m.; Recommendation: DEFER
Highways Division
No ObjectionThe applicant has now undertaken a parking survey which has indicated that during the times of operation of the proposed restaurant there would be sufficient nearby available on-street car parking.; There is now no highway objection to the proposals.; Recommendation: DNO
Paula Faragher
ObjectionThe change of use to a Chinese Restaurant in a predominantly residential area is totally out of keeping with the area.; I would like to appeal if planning should be granted.
H F Mackenzie
SupportI would like to place on my record my support for the applicants.; any impact would be outweighed by the amenity brought by the proposed restaurant.; There is plenty of parking in the vicinity, if there is a problem then it is one of enforcement as opposed to capacity.
Planning permission was granted by the Department for the additional use of Athol Park Guest House as a restaurant; neighbouring resident Ms Dawn E Cummings appealed as a third party. The appellant argued the proposal conflicted with the Predominantly Residential zoning, would harm residential amenity through noise, smells and disturbance, and exacerbate parking issues. The Planning Authority and applicants defended the decision citing existing guest house use, minimal qualitative change, applicant self-interest in minimising disturbance, and sufficient parking. The Inspector found the principle of the restaurant acceptable given the existing facilities and zoning, no unacceptable impact on amenity with additional conditions, and adequate parking; recommended dismissal of the appeal. The Minister accepted the recommendation on 9 December 2020, upholding approval with revised conditions limiting non-resident customers after 2100 hours and prohibiting meals in the front garden.
Precedent Value
This appeal demonstrates that third-party challenges to permissions in Predominantly Residential areas face high hurdles where existing uses align with proposals and impacts are mitigable by conditions; future appellants must provide robust evidence of harm beyond speculation, while applicants benefit from authority support and parking evidence.
Inspector: Michael Hurley
