**Document:** Officer Planning Report Recommendations **Application:** 06/00318/B — Change of use from retail unit to a hot food take away **Decision:** Permitted **Decision Date:** 2006-08-14 **Parish:** Rushen **Document Type:** report / officer_report **Source:** https://planningportal.im/a/80204-rushen-darnills-petrol-station-change-of-use/documents/1464527 --- # 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] ## Officer's Report ### The Site The site represents part of the complex at Darnill's Garage located on the southern side of Station Road. The complex includes the garage and filling station, a bakery and dry cleaning outlet. ### Planning Status And Relevant Policies The site is designated as Mixed Use on the Port Erin Local Plan which was approved by Tynwald in 1990. ### Planning History The following applications have been submitted in respect of the Darnill's complex: - PA 84/0524 - alterations and extension to form 3 shops and installation of new petrol tanks and canopy - permitted - PA 85/1252 - erection of illuminated sign - permitted - PA 88/0314 - approval in principle for erection of two storey extension to form office units - refused - PA 89/1375 - approval in principle for two storey extension - permitted - PA 92/1229 - construction of compound for gas cylinder storage - permitted - PA 95/0817 - provision of advertising signage - permitted - PA 99/1151 - change of use of baker's/confectioner's to include the sale of hot food for consumption off the premises - permitted (conditions include hours of operation between 0800 and 1700 hours Monday to Saturday inclusive) - PA 01/2184 - installation of diesel tank and dispenser - permitted - PA 03/1939 - alterations to service station and shop - permitted - PA 04/1342 - demolition and re-development of retail shop and amendments to the forecourt - permitted. ### The Proposal Now proposed is the change of use of an existing unit to a pizza take-away along with ventilation in the roof. The application proposes opening hours of 1700hrs to 2230hrs Sunday to Thursday and 1700hrs and 2330hrs Friday and Saturday. The petrol station operates between 0700hrs and 2000hrs Monday to Saturday and 0700hrs to 1700hrs on Sundays. ### Assessment The commercial competition objection is not a valid reason for refusal. There is no planning policy which restricts the amount of a particular type of retail outlet in Port Erin and indeed planning permission has already been granted for a take away in this complex (PA 99/1151) albeit for operating hours which do not coincide with what is proposed here, thus serving a different range of clientele. I have liaised with the Environmental Protection Unit and the Health and Safety Sections of this Department. The EPU would suggest that odour control conditions may be unnecessary as there is already a hot food take away operational at the bakery and that this has not generated any complaints in respect of odour. They has suggested that the extraction unit shall discharge extracted air not less than 1m above the roof ridge of Darnill's Garage. However, the existing extraction system serving the take-away does not discharge at 1m above the roof level and has not caused any problem to date. The closest residential premises are across the road at 35-41, Station Road above the commercial premises along with any residential accommodation associated with The Haven Public House. He has recommended conditions regarding noise levels which may be incorporated into any approval notice. The Health and Safety Officer (HSO) suggested that there would be minimal if any safety issue if the premises were operational when the fuel pumps were not operational and there is a letter from Shell to confirm that when the pumps are not in use they are switched off and there will be no fumes to be ignited. The premises are on a main road where pedestrians pass to and from the various facilities in the village. As such, the risk, if it is a risk, of people passing close to the site whilst operating their mobile telephones or smoking is apparent whether or not the petrol station is open and whether or not the proposed take-away is permitted. If the petrol station is open then there will be some supervision of the pumps from the till area which is adjacent to the forecourt. The HSO recommended that I discuss the application with the Office of Fair Trading. The Office of Fair Trading have advised that their concern is not the risk of ignition of the pumps and tanks as these will be locked when the site is closed and are at the other end of the site to the proposed facility. They are concerned at how the proprietor will deal with litter and vandalism. The applicant has responded by suggesting that he will be responsible for ensuring that there is no litter at the end of each period of operation and suggests that he cannot understand why there will be more vandalism if the premises are open than if it were not. There is some merit in this in that if there is supervision from the facility whilst it is open, it is less likely that people will be causing a nuisance or vandalising property than if everything were in darkness. The applicant has also advised that he proposes to use the same extraction system as does the "Bakeaway". ### Conclusion The proposed facility will add to the range of hot food take-aways available in the village of Port Erin and will not, in my view generate noise, nuisance or smells which would warrant refusal of the application. There is an existing take away facility next door but one which operates at different times of the day and week and for much of the time when the proposed hot food take away will be operating, the garage is open also. The proposed facility will be operating for two and a half hours after the garage has closed on Mondays to Thursdays, for three and a half hours after on Fridays and Saturdays and for five and a half hours after on a Sunday. Whilst the facility will generate more people coming to and from and possible loitering around the premises after the other premises are closed, the public houses in the immediate vicinity are open at these times and having some activity and presence after the garage has closed may be of some benefit. ### Party Status Architectural Liaison Officer, Fire Prevention Officer, Disability Access Officer, Inspector of Trading Standards, Senior Health and Safety Inspector and Environmental Health Inspector are all representative of statutory authorities and as such should be afforded party status in this instance. Port Erin Commissioners are statutory authorities and as such should be afforded party status in this instance. Sunshine Dry Cleaners and Valet Services Ltd is directly alongside the site and the objection from the proprietors of this facility is based upon valid material planning considerations and should be afforded party status. "Bakeaway" is in close proximity to the site but the objection is one on the basis of commercial competition and as such is not a valid objection. The Determination of Interested Party Status - Government Circular 1/06 states that "The following persons shall generally not be accepted as having sufficient interest:- "Persons concerned exclusively with - a) the impact of the development on the value of their property; b) commercial competition". ### Recommendation Recommended Decision: Permitted ## 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 use of the premises shown in drawings 00318/1, -/2 and -/3 and the photographs and extraction details all received on 22nd February, 2006. C 3. 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". C 4. The extraction unit shall not cause any harm to the amenity of local residents. C 5. 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. N 1. PRIOR to the commencement of any works the applicant is advised to consult the Chief Fire Officer to ensure that adequate fire precautions are taken. N 2. The applicant is encouraged to make provision for disabled persons to be able to both work in and visit the proposed facility. The advice of the Disability Access Officer is recommended in this respect. Decision Made : Approved Committee Meeting Date : 10.8.06 19 July 2006 06/00318/B Page 5 of 5 --- *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/80204-rushen-darnills-petrol-station-change-of-use/documents/1464527*