**Document:** Officer Planning Report Recommendations **Application:** 08/01973/C — Change of use from take away to cafe **Decision:** Permitted **Decision Date:** 2008-12-29 **Parish:** Rushen **Document Type:** report / officer_report **Source:** https://planningportal.im/a/86418-rushen-darnills-service-station-change-of-use/documents/1236740 --- # Officer Planning Report Recommendations ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] [Table omitted in markdown export] 04.12.08 - Approved. ### Officer's Report #### The Site The site defined in red represents the footprint of an existing building which lies within the complex of buildings centred on Darnill's fuel filling station. The complex includes the filling station and associated grocery store, a pizza take away, dry cleaning outlet and bakery shop all to the west of the filling station shop. #### Planning Status The site lies within an area designated on the Port Erin Local Plan of 1990 as Mixed Use. #### Planning History PA 84/00035 - approval in principle, 3 shop units in existing workshop, Darnills Garage, Station Road, Port Erin - Permitted PA 84/00524 - Alterations and additions to form 3 shops and installation of new petrol tanks and canopy, Darnills Motors, Station Road, Port Erin - Permitted PA 85/01252 - Erection of an illuminated box sign, Anglian Windows, Darnill's Garage, Station Road, Port Erin - Permitted PA 88/00314 - approval in principle to erection of two storey extension to form office units, with associated alterations, Darnhills World, Station Road, Port Erin - Refused PA 89/01375/A - Approval in principle for two storey extension and associated alterations, Darnills World, Station Road, Port Erin - Permitted PA 92/01229/B - Construction of compound for gas cylinder storage, Darnills Garage, Station Road, Port Erin - Permitted PA 95/00817 - Provision of advertising sign, Darnills, Station Road, Port Erin - Permitted PA 99/01151/C - Change of use of bakers/confectioners to include sale of hot food for consumption off the premises, The Bakeaway, Station Road, Port Erin - Permitted PA 01/02184 - Installation of diesel tank and dispenser - permitted PA 03/01939 - Alterations to service station, shop, and forecourt - Permitted Initial Decision: Permitted 16th February 2004 Conditions : 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. 2. This approval relates to the plans and information submitted as part of this application and date stamped 16th December 2003. 3. There must be no discharge of surface water to the main foul sewer. 4. The proposed development must be connected to the main foul sewer. NOTE: A Drainage Communication Fee will be payable to the Drainage Authority on this development 5. No advertisement matter of any description shall be exhibited on these premises without the PRIOR written permission of the Planning Authority. PA 04/01342/ - Demolition and re-development of retail shop and amendments to the forecourt layout - Permitted Permitted 19th August 2004 Conditions : 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. 2. This approval relates to the plans and information submitted as part of this application and date stamped 1st July 2004. 3. There must be no discharge of surface water to the main foul sewer. 4. The proposed development must be connected to the main foul sewer. NOTE: A Drainage Communication Fee will be payable to the Drainage Authority on this development 5. No advertisement matter of any description shall be exhibited on these premises without the PRIOR written permission of the Planning Authority. PA 06/00318/B - Change of use from retail unit to a hot food take away - permitted PA 07/01044 - Continuation of extended opening hours (Variation to approved 06/00318/B) - Permitted Initial Decision: Permitted 24th July 2007 Conditions : 1. This permission relates to the operation of a hot food take away where the take away may not be open for business outwith the period 1700-2330hrs on any Sunday through Thursday or outwith the period 1700-0100hrs on any Friday evening -Saturday morning and Saturday evening-Sunday morning. Application has also been made for the installation of signage at this site under PA 08/2202 which has yet to be determined. ### The Proposal Proposed now is the change of use from a take away to a cafe unit. The internal layout shows seven tables, seating eighteen people with six bar stools around the servery. No indication of hours of opening are given in the application. ### Representations Port Erin Commissioners indicate that they have no objection to the application. Department of Transport Highways and Traffic Division do not oppose the application. The proprietor of the Whistlestop Coffee Shop at Port Erin Railway Station has objected to the application on the basis of competition which is specifically excluded as a reason for objecting to an application and affording party status to the objector in Government Circular 1/06. They point out that the proprietor of the application property objected to the opening of the pizza takeaway and as such it would seem inconsistent to now be applying for this change of use. ### Assessment There were objections to the use of the site for a take away facility at the time of that application, PA 06/0318 from the bakery and the dry cleaners and the local authority, on the basis of, inter alia, over provision of take away facilities within the village, security of the area due to late night opening. The opening hours were extended to 1700-2330hrs on any Sunday through Thursday and 1700-0100hrs on any Friday evening -Saturday morning and Saturday evening-Sunday morning. The use of the premises as a cafe may reduce the incidence of people congregating around the premises as would be the case with the take away as people would be sitting in and eating. The applicant has confirmed that their intention is to operate the facility between 8am and 8pm which is in line with the opening hours of the filling station. The use will complement the existing uses within the complex and as such is recommended for approval. ### Party Status The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status. The proprietor of the Whistlestop Cafe is not adjacent to the application site and raises issues which are not material planning considerations and which are specifically excluded from consideration in the allocation of party status in Government Circular 1/06: as such this party should not be afforded party status in this instance. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 04.12.2008 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals C 1. 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. C 2. This permission relates to the change of use of the premises as shown in drawings P.1093 -01, -02 and -03 all received on 17th October, 2008. C 3. The premises may be operational between 0800hrs and 2000hrs. I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer) Decision Made : Permitted Date : 17/12/08 Signed : [Signature] Senior Planning Officer --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/86418-rushen-darnills-service-station-change-of-use/documents/1236740*