**Document:** Officer Report **Application:** 18/00885/B — Variation of condition 10 of PA 12/01140/B, Erection of a fishing complex with lakes, cafe, four holiday cottages, educational facility and landscaping, to change the hours of operation for cafe from 05.00hrs to 21.00hrs to 07.00hrs to 23.00hrs **Decision:** Permitted **Decision Date:** 2018-10-04 **Parish:** German **Document Type:** report / officer_report **Source:** https://planningportal.im/a/11977-german-sunset-lakes-ballagyr-lane-condition-variation/documents/986345 --- # Officer Report **Application No.:** 18/00885/B **Applicant:** CCSE Leisure Limited **Proposal:** Variation of condition 10 of PA 12/01140/B, Erection of a fishing complex with lakes, cafe, four holiday cottages, educational facility and landscaping, to change the hours of operation for cafe from 05.00hrs to 21.00hrs to 07.00hrs to 23.00hrs **Site Address:** Sunset Lakes Ballagyr Lane Peel Isle Of Man Principal Planner: Miss S E Corlett **Photo Taken:** 11.09.2018 **Site Visit:** 11.09.2018 **Expected Decision Level:** Officer Delegation **Recommended Decision:** Permitted **Date of Recommendation:** 24.09.2018 _________________________________________________________________ ## Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. ### Plans/Drawings/Information; This approval relates to drawings 18/2691/01, 18/2691/02 and 18/2691/08 all received on 20.08.18. _______________________________________________________________ Interested Person Status – Additional Persons none _____________________________________________________________________________ ### Officer’s Report ## THE SITE 1.1 The site is the curtilage of a relatively new complex which comprises trout fishing lakes, a café and tourist accommodation in the form of four lodges. Trout are bred in the complex and are then fished. - 1.2 The conditions of approval included one which constrained the hours of operation of the café from 0500hrs - 2100hrs. - 1.3 Access to the site is via Ballagyr Lane, to the east of the backs of properties in Willow Close and some of the properties within the small development known as McLeod's Field. THE PROPOSAL 2.1 Proposed is the variation of that condition to allow the café to be open between 0700hrs to 2300hrs on any day. - 2.2 The applicant explains that the later opening times coincide with the operating times of the rest of the complex - the angling facility, the learning/educational facility, the wildlife dipping pond and nature trail, the use of none of which is controlled by condition. - 2.3 The original application indicated that the learning facility could be used by the Isle of Man College for evening classes for fish-related subjects and that the angling elements would be open until dusk, although none of this was referred to in the conditions of the planning approval: both of these elements would extend beyond the 2100hrs permitted. - 2.4 The café is shown to accommodate 104 persons around 26 tables and is sited to the north of the centre of the site, to the north of the tourist accommodation and to the west of the dipping pond and breeding units. PLANNING POLICY 3.1 The site is not designated for development. However, the application is not for development but for the change in the times of use of an approved and existing building. There are no Strategic Plan policies which are considered directly applicable to this proposal but it is worth considering General Policy 2 which, whilst it deals with development which is in accordance with the relevant land use designation (which this is not), sets out general standards with which all development should accord. This includes a requirement for development not to have an adverse impact on the living conditions of those living in the area (GP2g) or the character of the locality (GP2c and g). The change in hours of operation could have an impact on the surrounding area in terms of the comings and goings of those visiting the site. PLANNING HISTORY - 4.1 The development of the trout fishing facility was approved under 12/01140/B. REPRESENTATIONS - 5.1 Highway Services have no objection to the application as the proposal does not amend the access or parking arrangements and with no change in traffic movements (25.09.18). ASSESSMENT - 6.1 Whilst the proposed hours of operation will go on later into the evening, they will commence later in the morning and as the other facilities within the site are not subject to control and many could operate at the same time as the proposed hours for the café, it is likely, on balance, that the later commencement will result in a positive impact on the surrounding area whilst the later evening operating hours will result in minimal impact due to others already coming and going at those times, particularly as those leaving the site will have any vehicle headlights shining directly at the Willow Close properties and early in the morning, any vehicles would be likely to have their lights on as early as the approved hours would enable. ## CONCLUSION 7.1 It is not considered that the change in operating hours of the café will result in any adverse impact on the surrounding area and as such the application is supported. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons: - (a) The applicant, or if there is one, the applicant's agent; - (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; - (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material - (d) Highway Services Division of Department of Infrastructure and - (e) The local authority in whose district the land the subject of the application is situated. 8.2 The decision maker must determine: - o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and - o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status. I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation. Decision Made : Permitted Date: 03.10.2018 Determining officer Signed : C BALMER Chris Balmer Principal Planner ## Customer note ## This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records. --- *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/11977-german-sunset-lakes-ballagyr-lane-condition-variation/documents/986345*