**Document:** Planning Refusal Notice
**Application:** 12/01005/B — Conversion of existing retail shop to a takeaway and installation of extraction unit to rear elevation
**Decision:** Refused
**Decision Date:** 2012-10-02
**Parish:** Rushen
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/3126-rushen-1-station-road-conversion-shop/documents/1276335

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# Planning Refusal Notice

## Town and Country Planning Act 1999

## Town and Country (Development Procedure) Order 2005

David Norman
Almorah
Fistard Road
Fistard
Port St. Mary
Isle of Man
IM9 5HF

In pursuance of powers granted under the above Act and Order the PLANNING COMMITTEE of the Department of Infrastructure does hereby REFUSE the following application made on behalf of:

Name: Bohemian Cafe Style Restaurant
Proposal: Conversion of existing retail shop to a takeaway and installation of extraction unit to rear elevation
at:
1 Station Road
Port Erin
Isle of Man
IM9 6AE

which was considered on 1st October 2012, for the reasons set out below.

Date of Issue: 2nd October 2012

Murray House
Mount Havelock
Douglas

Mrs P Faragher
Deputy Secretary to the
Planning Committee

## Reason(S) For Refusal:

1. The use of the premises as a hot food takeaway within close proximity to the residential properties (Milner Towers) would result in a detrimental impact upon residential amenities due to an increase in the number of people using the facility and by-passing residential properties in the area, thus increasing the disturbance, noise and nuisance caused to local residents during anti-social hours. Furthermore, the proposed use would also likely result in smells emanating from the premises, again to the detriment of nearby residential amenities, particularly within the apartment block Milner Tower. The proposal is therefore contrary to General Policy 2 and Environment Policy 22 of the Isle of Man Strategic Plan.

This decision was made by the Planning Committee constituted in accordance with Article 3(1) of the Town and Country Planning (Development Procedure) Order 2005.

## Guidance Note

The decision contained in this notice does not become final until either;
- The time for requesting an appeal has expired; or
- Any appeal has been determined;

Whichever is the later.

Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

A form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department’s website www.gov.im/transport/planning/plan/applications/decision.xml

A copy of the Officer’s report, which led to this decision, is attached for reference. This report, together with correspondence relative to the application, is available for inspection by anyone wishing to view it at the Department.

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*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/3126-rushen-1-station-road-conversion-shop/documents/1276335*