**Document:** Decision Notice 06/00318/B
**Application:** 07/01044/R — Continuation of extended opening hours (Variation to approved 06/00318/B)
**Decision:** Permitted
**Decision Date:** 2007-07-24
**Parish:** Rushen
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/83034-rushen-pizza-the-action-extension/documents/1498577

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# Decision Notice 06/00318/B

## Isle of Man Town and Country Planning Act 1999

### The Town and Country Planning (Development Procedure) Order 2005

Mr K W Oates
50b Edremoney Estate
Port Erin
Isle Of Man

29 MAY 2007

In pursuance of powers granted under the above Act and Order the PLANNING COMMITTEE of the Department of Local Government and the Environment does hereby APPROVE the following application made on behalf of:

**Name:** Mr K W Oates
**Proposal:** Change of use from retail unit to a hot food take away at: Darnills Petrol Station
Station Road
Port Erin
Isle Of Man
IM9 6AB

which was considered on 10 August 2006, subject to compliance with the conditions specified below.

**Date of Issue:** 14th August, 2006
**Murray House Mount Havelock Douglas**
Secretary Planning Committee
*(Signature: Dennis Cale)*

### Schedule Of Conditions:

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.

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.

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".

4. The extraction unit shall not cause any harm to the amenity of local residents.

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.

NOTE 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.

NOTE 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.

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.

This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005.

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 down load from the Department's website www.gov.im/dlge/planning/plan

You should note that a copy of the Officer's report which led to the decision being made, along with any correspondence relative to the application, is available for inspection at the Department.

The proposed development must not be commenced until either;
- The time for requesting an appeal has expired; or
- Any appeal has been determined;

Whichever is the later.

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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/83034-rushen-pizza-the-action-extension/documents/1498577*