22 November 2021 · Planning Committee
Athol Park Guest House, Athol Park, Port Erin, Isle Of Man, IM9 6ex
The site is Athol Park Guest House, a three-storey building from around 1900 used as a guest house with a restaurant approved under PA 19/01284/C, located on a mainly residential street in Port Erin.
Click a button above to find applications similar to this one.
See how this application compares to similar ones — policies, conditions, and outcomes side by side.
The principle of a restaurant for non-resident customers was established by prior approval PA 19/01284/C, so the key issue was whether extending non-resident customer departure time from 2100 to 2215 …
General Policy 2
Sets general standards for acceptable development. Officer assessed the variation against this alongside amenity policies, finding the time extension compliant as it would not cause significant adverse harm to neighbours or highways beyond existing approved use.
Environment Policy 22
Concerns potential adverse impacts on neighbouring amenity. Tested whether 2215 curfew would harm residential amenity via later customer departures; officer concluded no significant new harm, as extension likely elongates dining rather than increases visitors, acceptable in residential context.
Environment Policy 23
Relates to amenity protection, including highways. Assessed for parking/highway impacts; no significant adverse change expected beyond prior approval, with no opposition from Highways.
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.
Operating hours and no takeaway
No non-resident customer of the restaurant shall be permitted to remain within the building after 22:15 hours on any day; and, for the avoidance of doubt, the premises shall not trade as a takeaway facility. Reason: For the avoidance of doubt and in the interest of neighbouring and highway amenity.
No front garden dining
No meals shall be served or consumed in the front garden of the premises. Reason: In the interest of residential amenity.
in support
Do not oppose
no issues with current noise; extension not expected to cause new impacts; benefits local community; no additional traffic; parking mainly by residents; smells not unpleasant; more noise from nearby public house
Private representations include strong objections from neighbouring residents citing noise, smells, parking issues and breaches of existing conditions, countered by support from some nearby residents; Port Erin Commissioners support the application.
Key concern: breaches of existing 9pm closing condition causing noise, disturbance, smells and parking issues in residential Home Zone
Port Erin Commissioners
SupportThe Board of Port Erin Commissioners discussed the above application at its meeting on 14th September 2021 and has resolved to support the application.
The original application sought variation of Condition 2 from PA 19/01284/C (which approved restaurant use with non-residents leaving by 21:00) to allow non-residents to remain until 22:15, addressing business needs for relaxed dining. Planning Officer and Committee approved unanimously, finding no significant amenity or highway impacts. Appellant (neighbour) objected on noise, odour, parking, and residential character grounds, appealing the approval. Inspector assessed impacts on amenity, finding the extension would not significantly worsen noise, disturbance, odour, or parking beyond existing use, supported by no highway objections and evidence of low impact operation. Appeal dismissed; Minister upheld approval subject to the varied condition and others.
Precedent Value
Demonstrates that minor condition variations for established uses can succeed on appeal if evidence shows no significant additional amenity harm, even in residential areas; future applicants should provide operational evidence, authority consultations, and distinguish from PD rights.
Inspector: Brian J Sims
