27 January 2014 · Delegated - Director of Planning and Building Control (M Ballayher)
Flat A, 12, Church Road, Port Erin, Isle Of Man, IM9 6aq
The proposal involved changing the use of the vacant ground floor betting shop within a mid-terrace three-storey building to a hot food takeaway, including internal alterations like installing a cooker, oven, extraction system, counter, and a flue at the rear.
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The officer accepted the principle of the takeaway use in the mixed-use zone and Port Erin service centre but determined it unacceptable due to amenity impacts.
General Policy 2
Requires development not to adversely affect amenity of residents or locality (g), respect surroundings (b,c), or prejudice adjoining land (k). Officer found proposal failed GP2(g) due to undemonstrated noise/odour impacts on nearby residents from extraction and customers.
Environment Policy 22
Prohibits development causing unacceptable harm via airborne pollutants (ii) or noise/odour pollution (iii). EPO evidence showed extraction within 2-3m of bedrooms likely exceeds noise limits and causes odour nuisance; no sufficient mitigation details provided.
Strategic Policy 2 - Priority for new development to identified towns and villages
Directs new development to service centres like Port Erin. Site zoning and location made principle of commercial use acceptable.
Environment Policy 35
Protects proposed Conservation Area character. No specific assessment as change of use/internal works not considered harmful.
do not oppose
support the application
no objection but recommend condition to restrict hours to proposed 4pm-10/10:30pm to avoid anti-social behaviour
