14 August 2006 · Planning Committee
Darnills Complex, Station Road, Port Erin, Isle Of Man, IM9 6ab
The proposal involved converting an existing retail unit within the Darnills Garage complex, which includes a petrol station, bakery, and dry cleaning outlet, into a pizza takeaway operating evenings (1700-2230hrs Sun-Thu, 1700-2330hrs Fri-Sat) with roof ventilation using the same extraction system as the adjacent bake…
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The officer concluded the proposal would not generate unacceptable noise, nuisance, or smells warranting refusal, as an existing bakery takeaway (PA 99/1151) operates without complaints using similar …
Time limit
The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.
Approved plans
This permission relates to the use of the premises shown in drawings 00318/1, -/2 and -/3 and the photographs and extraction details all received on 22nd February, 2006.
Noise limits
The rating level of the noise emitted from the proposed fan exhaust shall not exceed LAeq, 1 hour - 45 dB between 0700 - 2300 hrs and LAeq, 1 hour - 35 dB between 2300 - 0700 hrs at the facade of any noise-sensitive premises. Measurements and assessment shall be made according to BS 4142:1997 'Method for rating industrial noise affecting mixed residential and industrial areas'.
Extraction amenity
The extraction unit shall not cause any harm to the amenity of local residents.
Operating hours
The proposed facility may not be open for business outwith the period 1700 - 2230hrs on any Sunday through Thursday or outwith the period 1700 - 2330 hrs on any Friday or Saturday.
Seek to include note: Applicant to consult with Fire Safety Department re general fire precautions
No objection, request condition restricting hours to 1700-2230 Sun-Thu and 1700-2330 Fri-Sat to prevent anti-social behaviour
No objection, notes/conditions for accessibility under Part M Building Regulations (wheelchair access, signage, counters, doors)
Minimal safety issues when pumps not operational; pumps switched off/locked when closed, no fumes
No odour complaints from existing takeaway; recommend noise limits and extraction not harming amenities, discharge 1m above roof (noted as optional)
Multiple consultees and local businesses raised objections to the change of use from retail to hot food takeaway at Darnill’s Petrol Station, primarily citing odour permeation, security risks, health and safety at the petrol station, oversupply of takeaways, and accessibility requirements, with the Police requesting specific trading hour conditions.
Key concern: Health & Safety implications of persons smoking and using mobile phones on the forecourt of an unsupervised petrol station
Sunshine Dry Cleaning & Valet Services Ltd
Objectionthe cleaned clothes are racked to await collection and during that time they would be in danger of absorbing the strong smells which would have a highly detrimental effect on our business; Given the track record of similar takeaway operations in Port Erin over recent years, we are aware that the adjacent properties to these have been damaged on more than one occasion
Conditions requested: Shell Retail Services be required to substantially modify the premises in relation to ventilation
Police Community Safety
Conditional No ObjectionHistorically, the trading hours of such premises have not been controlled by planning conditions. This has allowed certain premises to remain open until the early hours of the morning.
Conditions requested: May operate between 5pm and 10.30pm Sunday to Thursday, and 5pm to 11.30pm Friday and Saturday, to sell hot food to the public
Port Erin Commissioners
Objectionthe Commissioners considered the above application at a meeting held on the 21st March 2006 and resolved to oppose the same on the following grounds
Disability Access Office
No CommentSize of Car Park | Number of Disabled spaces Up to 200 spaces | 5% of car park (min 3 spaces) Over 200 spaces | 4% of car park plus 4 spaces
Conditions requested: Any alterations or extension should be built under the Part M Building Regulations and accessible to an unassisted wheelchair user; Accessible entrances and emergency exits are needed with appropriate way finding signage with a wheelchair symbol; Where parking is provided provision should include a ratio of designated disabled parking places; It is preferable to have automatic doors but where this is not the case then the doors should not be so heavy as to require a pulling force exceeding twenty Newton’s, measured at the leading edge, to open the door; All serving counters should contain at least one section suitable for wheelchair users
Bakeaway Proprietor
ObjectionThis would not only be detrimental to my business but would also be detrimental to my employees whom would almost certainly loose their jobs
The original planning application 06/00318/B for change of use from a retail unit to a hot food takeaway at Darnills Petrol Station, Station Road, Port Erin, was permitted by the planning authority. The applicant, Mr K W Oates, lodged an appeal against this approval, which was accepted by the Minister and referred to an independent inspector for a public inquiry procedure. The Planning Appeals Office requested a statement of case from the planning authority and notified parties, including interested persons like the Fire Officer. Before submissions were due or the inquiry held, the appellant withdrew the appeal on or before 25 September 2006. The original approval decision therefore stands.
Precedent Value
This appeal sets no substantive planning precedent as it was withdrawn prior to any hearing or decision by the inspector; future applicants should ensure appeals against refusals (not approvals) and avoid withdrawing unless strategically necessary, as it leaves the original decision unchanged.
