**Document:** Decision Notice
**Application:** 18/00896/B — Alterations in connection with a change of use from bank to restaurant (class 3) and takeaway, including installation of flue from new extraction system.
**Decision:** Refused
**Decision Date:** 2018-10-26
**Parish:** Malew
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/11987-malew-bank-station-road-alterations-connection-change/documents/986515

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# Decision Notice

Kelly Lewthwaite Building Design 23 Market Street Douglas IM1 2PA

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to REFUSE an application by Victoria Grill Limited, Ref 18/00896/B, for the Alterations in connection with a change of use from bank to restaurant (class 3) and takeaway, including installation of flue from new extraction system. at Bank Station Road Ballasalla Isle Of Man IM9 2DD for the following reason(s):

- 1. The site is unsuitable for a takeaway facility due to the close proximity of the signalised pedestrian crossing which would result, from the insufficient on site parking provision to serve the development, in illegal on-street parking on the crossing zig zag markings and the double yellow lines adjacent to the site. This would reduce the visibility by approaching traffic of pedestrians on the crossing , decrease the visibility pedestrians on the crossing would have of approaching vehicles and could obstruct through traffic on the main route, resulting in queueing back onto the pedestrian crossing, which is unsafe. The proposal therefore fails to accord with Transport Policy 6 and General Policy 2i.
- 2. The parking spaces have no manoeuvring space available to them which results in vehicles either reversing in or out of the spaces onto a busy main road. This will be detrimental to highway safety, contrary to Transport Policy 6 and General Policy 3h and i.
- 3. There is insufficient information to demonstrate that the proposed operation would not adversely affect the living conditions of those in surrounding residential properties by virtue of noise from the disposal of waste and the comings and goings of staff and customers later in the evening, and by virtue of the noise and smell from the operation of the flues. The proposal would therefore be contrary to Environment Policy 22 and General Policy 2g and k.

Date of Issue: 26th October 2018

## Director of Planning and Building Control

Guidance Note

This decision was made by the Head of Development Management in accordance with the authority delegated to them.

This decision refers only to that applied for under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Whilst a copy of the Officer’s report is included alongside this notice, any wider correspondence which led to the assessment and decision is now available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas.

https://www.gov.im/planningapplication/services/planning/search.iom

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

-  Payment of a planning appeal fee as prescribed in the Town and Country Planning (Application and Appeal Fees) (No2) Order 2016 (currently £175);
-  The reasons for making the appeal; and
-  An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website https://www.gov.im/categories/planning-and-building-control/planningapplications/planning-appeals/how-to-appeal/

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

### PleasenotethatifthecountercopyoftheapplicationisnotcollectedwithinTHIRTY DAYS following the last date on which a planning appeal can be made it will be destroyedwithoutfurthernotice.

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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/11987-malew-bank-station-road-alterations-connection-change/documents/986515*