**Document:** Officer Planning Report **Application:** 13/91188/B — Conversion of ground floor betting office to a hot food takeaway **Decision:** Refused **Decision Date:** 2014-01-27 **Parish:** Rushen **Document Type:** report / officer_report **Source:** https://planningportal.im/a/42455-rushen-12-church-conversion/documents/1553654 --- # Officer Planning Report [Table omitted in markdown export] ## Officer's Report ### 1.0 The Site 1.1 The application site is the curtilage of 12 Church Road, Port Erin which is a mid terrace three storey property situated to the southern side of the highway. The unit appears to be vacant but has previously been used as bookmakers. The upper floors of the building appear to be well maintained and the building is an attractive addition to the terrace. The ground floor appears to be in need of some alteration. To the rear of the building there is a single storey outlet. 1.2 The upper floor of the building is used as residential; this is accessed at the rear of the building. The adjoining neighbouring properties also have residential accommodation at first floor level. 1.3 On the opposite side of the highway there is the Church and to the east of the church there is a Victorian terrace of residential properties. ### 2.0 The Proposal 2.1 The application seeks approval for the conversion of the ground floor betting office to a hot food takeaway. This includes internal alterations and the installation of a flue. 2.2 The opening hours would be as follows: - 4pm to 10pm Sunday to Thursday - 4pm to 10:30pm Friday and Saturday 2.3 Internal alterations would include the installation of a cooker, oven together with the extraction, ventilation, counter and backroom elements. 3.4 Noise and odour control would be met through kitchen extraction and ventilation system which would include: - Primary and secondary grease filters - Final bag filter - Odour control unit with carbon filters - Internally located mounted on anti-vibration mounts - Acoustic silencer and noise attenuator - Dedicated ventilation to maintain a negative pressure in the kitchen [Table omitted in markdown export] ## 3.0 Planning History 3.1 The following previous planning application is considered to be specifically material in the assessment of the application: PA 05/01074/C Change of use of furniture shop to betting shop - approved #### 4.0 Development Plan Policies 4.1 The application site is within an area zoned as "Mixed Use" identified on the Area Plan for the South 2013. The site is also within the Proposed Conservation Area. Given the nature of the application it is appropriate to consider General Policy 2, Strategic Policy 2, Spatial Policy 2, Environment Policy 22 and Environment Policy 35 of the Isle of Man Strategic Plan (20th June 2007). #### 4.2 General Policy 2 Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; c) does not affect adversely the character of the surrounding landscape or townscape; g) does not affect adversely the amenity of local residents or the character of the locality; k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; m) takes account of community and personal safety and security in the design of buildings and the spaces around them. #### 4.3 Strategic Policy 2 New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in exceptional circumstances identified in paragraph 6.3. #### 4.4 Spatial Policy 2 Outside Douglas development will be concentrated on the following Service Centres to provide regeneration and choice of location for housing, employment and services - Ramsey - Peel - Port Erin - Castletown - Onchan Area Plans will define the development boundaries of such centres so as to provide a range of housing and employment opportunities at a scale appropriate to the settlement. #### 4.5 Environment Policy 22 Development will not be permitted where it would unacceptably harm the environment and/or amenity of nearby properties in terms of: i) Pollution of sea, surface water or groundwater; ii) Emissions of airborne pollutants; and iii) Vibration, odour, noise or light pollution. #### 4.6 Environment Policy 35 Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development. #### 5.0 Consultations 5.1 Highways Division do not oppose 5.2 Port Erin Commissioners support the application 5.3 The owner/occupier of 2A Milner Towers, The Promenade, Port Erin objects to the application. Their concerns can be summarised as noise nuisance, cooking smells, litter and security. They also make comment that twelve months ago there was a similar application PA 12 / 01005 / B. 5.4 The owner/occupier of Revival Fashion Agency, 10 Church Road, Port Erin objects to the application. In summary they feel that the proposal is totally incompatible with the existing business in the area. They note that the proposal would encourage the owner of the property to maintain and service the building in line with other property owners. 5.5 The Architectural Liaison Officer of the Isle of Man Constabulary has provided comments. In summary they note that historically the hours of takeaway premises have not been controlled and can remain open well in to the early hours of the morning. They can act as 'honey pots' and can cause persons to remain in an area for a period of time delaying dispersal increasing opportunities for anti-social behaviour. They would recommend that if the application is approved that a condition be added to restrict the hours of operation. 5.6 The owner/occupier of Fistard Property Investments Ltd, Museum Building, Orchard Road, Port Erin objects to the proposal. Their concerns can be summarised noise to residential properties above and external noise due to an increase in footfall and the proposed extraction unit. Church Road is shops at ground floor with residential accommodation above. The introduction of another takeaway would disturb the balance. Making the area less desirable would have a negative impact and less people will make trading for the businesses more challenging. They feel that the unit would be best suited to remain as a daytime trading premises only. 5.7 Milner Towers Management objects to the application. In summary their concerns are with cooking smells, late night gathering point for people leaving pubs, litter and anti-social behaviour. 5.8 The owner/occupier of 20 Church Road, Port Erin objects to the application. In summary their concerns are regarding the impact upon their health due to an increase in the number of people using the facility and bypassing residential properties in the area during anti-social hours. They also have concerns regarding noise and smells emanating from the extractor fan which would be to the detriment of nearby residential properties. 5.9 Environmental Protection Officer of the Department of Environment, Food and Agriculture has provided comments regarding noise and odour nuisance to the neighbouring residential properties. The EPO has indicated that it is not likely a level of is reasonably and practicably achievable at the windows of residential accommodation on first and second floors as these are within and may cause a serious noise nuisance. They have provided some considerations. They also note that there could be an impact from rowdy customers. Best practice guidance indicates that kitchen odour should be discharged not less than 1 m above the roof ridge. They suggest further considerations for odour control. Odour control measures are recommended to minimise any odour nuisance. 5.10 The owner/occupier of 14 Church Road, Port Erin has objected to the application. Their main concerns are with regard to the impact of smell and litter. ## 6.0 Assessment 6.1 The application seeks approval for the conversion of a betting shop to a take away which includes internal alterations and the erection of a flue. The main issues to consider in the assessment of the application are whether the principle of a take away is acceptable and if so, what the potential impacts would be upon the amenities of the neighbouring properties and the character and appearance of the street scene. 6.2 The site is within an area zoned as Mixed Use, further to this Spatial Policy 2 of the Strategic Plan supports development being directed towards Service Centres which Port Erin is classed as. Employment opportunities at a scale appropriate to the settlement should be provided within the settlement boundaries. 6.3 Overall, given the designation of the site and the variety of uses in the area, the site is, in many ways, an appropriate location for such a use in principle. 6.4 The next issue relates to the impact upon the residential amenities of the neighbouring and nearby properties. Within this issue alone there is the impact in terms of noise and disturbance from customers of the takeaway particularly during anti-social hours, the impact in terms of noise and odour from the extractor/ventilation system. 6.5 With these concerns in mind the Planning Division has consulted the Environmental Protection Unit who has submitted a detailed response. 6.6 The Environmental Protection Officer has identified that the most sensitive issue is the construction of a commercial extract system within 3 m of residential windows which is likely to cause odour and noise nuisance. Given the distance of the extract unit from the residential windows the EPO has advised that an acceptable level of is reasonably and practicably achievable at the windows of residential accommodation on the first and second floors as these are within of the extraction unit. 6.7 Given that there is a residential premises above it is likely that there will be some noise nuisance from the take away. Older buildings with wooden floors have little attenuation and it is recommended that this is tested or at least estimated from the construction details. It is likely that there will be noise nuisance from revving cars, shouting, screaming, singing and slamming doors. 6.8 There has been little information provided regarding the likely noise levels from the kitchen and how they intended to reduce the impact upon the neighbouring properties. It is therefore difficult to assess the impact upon the neighbouring residential properties. 6.9 Given the position of the flue the EPO considers that the extraction system would be likely to result in some odour nuisance to the residential properties. Whilst there are some odour control measures which would be required they are not being proposed under this application. 6.10 Whilst further information has been sought with regard to the impact upon the neighbouring properties it has not been demonstrated that the proposed use would not have an adverse effect upon the neighbouring properties. 6.11 For these reasons the application is recommended for refusal. ## 7.0 Party Status 7.1 The local authority, Port Erin is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered an "interested person" and as such should be afforded interested person status. 7.2 The Highways Division of the Department of Infrastructure is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (d), considered an "interested person" and as such should be afforded interested person status. 7.3 The owner/occupier of 10 Church Road, Port Erin is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (b), considered an "interested person" and as such should be afforded interested person status. 7.4 The owner/occupier of 14 Church Road, Port Erin is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (b), considered an "interested person" and as such should be afforded interested person status. 7.5 The owner/occupier of 2a Milner Towers, Port Erin is not considered an "interested person" under the criteria set out in the Town and Country Planning (Development Procedure) (No 2) Order 2013, and as such is not afforded interested person status. 7.6 The owner/occupier of Milner Towers Management Limited, Port Erin is not considered an "interested person" under the criteria set out in the Town and Country Planning (Development Procedure) (No 2) Order 2013, and as such is not afforded interested person status. 7.7 The owner/occupier of 20 Church Road, Port Erin is not considered an "interested person" under the criteria set out in the Town and Country Planning (Development Procedure) (No 2) Order 2013, and as such is not afforded interested person status. 7.8 The owner/occupier of Museum, Orchard Road, Port Erin is not considered an "interested person" under the criteria set out in the Town and Country Planning (Development Procedure) (No 2) Order 2013, and as such is not afforded interested person status. 7.9 The Isle of Man Constabulary of the Department of Home Affairs is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (c), considered an "interested person" and as such should be afforded interested person status. ## Recommendation Recommended Decision: Refused Date of 22.01.2014 Recommendation: ### Conditions and Notes for Approval / Reasons and Notes for Refusal ### C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
O : Notes attached to refusals R 1 . It has not been demonstrated that the use of the property as a hot food takeaway would not have an adverse impact upon the occupiers of the adjoining properties in terms of noise and odour which would be contrary to General Policy 2(g) and Environment Policy 22(iii) of the Isle of Man Strategic Plan. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer. **Decision Made:** Refused **Date:** .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. --- *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/42455-rushen-12-church-conversion/documents/1553654*