Loading document...
The application site comprises of the curtilage of a property situated at the southern end of Dumbells Terrace in Laxey. The application site currently contains an existing café and restaurant.
The planning application seeks approval to vary condition no. 2 of previous planning 00/00195/B in order to extend the permitted hours of opening till midnight.
The property contained within the application site has been the subject of a number of previous planning applications. Three of these previous planning applications are considered to be of particular relevance to the assessment of this current planning application:
95/00939/C – Change of use of first floor from residential to use ancillary to café. 1 & 2 Dumbells Terrace, Laxey. The planning application was initially considered and approved on the 20th October 1995, with the initial approval decision notice issued on the 10th November 1995.
00/00195/B – Conversion of first floor living accommodation into additional restaurant area. Browns Café, Dumbells Terrace, Laxey. The planning application was initially considered and approved on the 16th June 2002, with the initial approval decision notice issued on the 23rd June 2000. Condition no. 2 of this approval states:
"The new accommodation on the upper floor may not be used after 10pm on any evening."
05/01000/R – Retrospective application for installation of roof extractor vent cowl to rear of building (Conservation Area). Browns Café, Dumbells Terrace, Laxey. The planning application was initially considered and refused on the 21st October 2005, with the initial refusal decision notice issued on the 27th October 2005.
05/01244/C – Additional use of existing restaurant premise on first floor for the operation of a take away service. First Floor, Browns Café, Dumbells Terrace. The planning application was initially considered and approved on the 9th September 2005, with the initial approval decision notice issued on the 15th September 2005. The Planning Committee confirmed their approval at review on the 18th November 2005, with the review approval decision notice issued on the 23rd November 2005. A subsequent appeal against the approval was dismissed by the Minister, with the approval confirmed on the 22nd May 2006. This approval is time limited for a period of two years in order to monitor its impact and the hours of opening are restricted through condition no. 3, which states:
"The use hereby permitted shall not be open to customers outside the hours of 10:00 and 22:00 on any one day. No deliveries shall be taken at or despatched from the site outside the hours of 10:00 and 22:00 on any one day."
Laxey Village Commissioners have no objection to the planning application.
The owners and/or occupants of 4 Dumbells Terrace, which is located in close proximity to the application site, object to the proposed extension of the opening hours. They express concern that operation beyond the currently permitted hours of operation will be a disturbance in the area.
Under the Laxey and Lonan Area Plan Order 2005 the application site is located within a wider area of land that is zoned as being predominantly residential use. There are no policies within the local plan that are considered to be specifically relevant to the assessment of this planning application.
The application site is also within the Laxey Conservation Area.
The planning application seeks approval to extend the business hours of the restaurant, which are currently restricted by condition no. 2 of PA00/00195/B to 22:00, to 00:00.
In terms of assessing the proposed change it is relevant to have regard to the location of the premises and the potential impact on the surrounding area. In this instance the property is located at the end of a residential terrace within a predominantly residential area. Given that the surrounding area is predominantly residential it is appropriate for the hours of opening of the restaurant to have regard to this primarily residential situation. In terms of impact it is considered that the effect on the residential amenity of the surrounding properties caused by the extension of the opening hours till 00:00 would be unduly adverse and cause unacceptable nuisance. Specifically, the extended hours would result in additional late night activity arising from customer patronage and the operation of the restaurant (i.e. cleaning and tidying up). This increased activity within such close proximity to residential property is considered to be inappropriate for the above reasons and it is recommended that the planning application be refused.
It is considered that all parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status.
Recommended Decision: Refused
Date of Recommendation: 26.09.2006
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
By reason of its location within a predominantly residential area and its close proximity to residential properties the proposed extension of the permitted business hours of the restaurant will have an unacceptably adverse impact on the residential amenity of the surrounding residential properties.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Refused Date: 29/9/06 Signed: [Handwritten signature] M. I. McCauley Director of Planning and Building Control
Copyright in submitted documents remains with their authors. Request removal
View as Markdown