PA06/2232 Beauty Salon Appeal Decision

Please reply to the Chief Executive

Our ref: KAK/MC 13th November 2007. Dear Sir/Madam,

ON APPEAL: PA06/2232 – Mr. M. O’Brien and Miss S. Kelly – Continued use of a beauty salon from residential property, 30 Sartfell Road, Douglas, IM2 3NB

I refer to the recent appeal hearing in respect of the above planning application.

In accordance with the provisions of the Town and Country Planning (Development Procedure) Order 2005, I am enclosing herewith a copy of the report of the person appointed to hear this appeal.

I am directed to advise you that Mr. D. M. W. Butt, MLC, who has been appointed under article 8(6) of the above Order to act as deputy to the Minister for Local Government and the Environment, has considered the report, but does not concur with all of the appointed person’s conclusions. In particular, he judges that –

(a) overmuch weight has been given to the disturbance arising from the small number of clients each day; (b) the precise circumstances of this proposal are unlikely to be repeated sufficiently often to establish an undesirable precedent; and that (c) such disturbance as may arise can be mitigated by the imposition of a condition restricting the hours of business.

Accordingly, he has directed that the appeal should be upheld, and that approval should be granted subject to the restriction on hours referred to above. Formal notice of this decision is attached hereto.

Yours faithfully, Chief Executive. Please see over for circulation list/...

1. Mr. M. O'Brien and Miss S. Kelly, 30 Sartfell Road, Douglas, IM2 3NB;
2. Borough Engineer & Surveyor's Department, Town Hall, Douglas, IM99 1AD;
3. Mr. J. McCloskey, 54 Woodbourne Road, Douglas, IM1 3AW;
4. Ms. L. McCloskey, Darach, The Boatyard, Balmaha, Loch Lomond, G63 OJQ;
5. Ms. M. Ford, 27 Sartfell Road, Douglas, IM2 3NB;
6. Ms. B. Cosgrave, 25 Sartfell Road, Douglas, IM2 3NB;
7. Mr. G. Cosgrave, 25 Sartfell Road, Douglas, IM2 3NB;
8. Mr. A. Cosgrave, 25 Sartfell Road, Douglas, IM2 3NB;
9. Mr. A. Looney, 18 Sartfell Road, Douglas;
10. Ms. M. Murdock, 20 Sartfell Road, Douglas;
11. Ms. I. Murdock, 20 Sartfell Road, Douglas;
12. Mr. D. Woodiwiss, 16 Sartfell Road, Douglas;
13. Ms. J. Woodiwiss, 16 Sartfell Road, Douglas;
14. Mr. M. Haywood, 14 Sartfell Road, Douglas;
15. Ms. C. Curtis, 28 Sartfell Road, Douglas;
16. Mr. A. Thompson, 22 Sartfell Road, Douglas;
17. Ms. C. Corkill, 28 Sartfell Road, Douglas;
18. Ms. W. Harris, Emmerdale House, 22 Sartfell Road, Douglas;
19. IOM Fire & Rescue Service, Elm Tree House, Elm Tree Road, Onchan, IM3 4EF;
20. Highways & Traffic Division, DOT, Sea Terminal Buildings
21. Secretary, Planning Committee;
22. Chairman and Members of the Planning Committee;
23. Secretary, Planning Appeals Inspectorate;
24. Mr. T. O'Hanlon, Treasury;
25. The Editor, Isle of Man Newspapers, Peel Road, Douglas;
26. Manx Radio Newsroom, Douglas Head, Douglas;
27. Mrs. J. Clague, The Cottage, St. Nicholas Field, Breeze Hill, Laxey, IM4 7DL;
28. Radio 3FM, 45 Victoria Street, Douglas, IM1 3RS;
29. Energy FM, 100 Market Street, Douglas, IM1 1PH.

The Town And Country Planning Act 1999

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The Town And Country Planning (Development Procedure) Order 2005

TO: Mr. M. O'Brien and Miss S. Kelly, 30 Sartfell Road, Douglas, Isle of Man, IM2 3NB.

[Copies as per Circulation List]

In pursuance of his powers under the above Act and Order, the DEPUTY MINISTER for Local Government and the Environment, following report by the appointed person, does hereby APPROVE the application by you for continued use of a beauty salon from residential property, 30 Sartfell Road, Douglas, IM2 3NB, subject to compliance with the following conditions:-

1. This permission relates to the continued use of a beauty salon at 30 Sartfell Road, Douglas, as shown on drawing no. 003 date-stamped 21.12.06 and as described in the letter accompanying the application and also date-stamped 21.12.06, subject to condition (2) below.

1. The use hereby permitted shall not be open to customers outside of the period 0900-1500 hours on Mondays to Fridays, excluding public holidays; there shall be no use on Saturdays, Sundays, or Public Holidays.

Dated this 13th day of November 2007.

By Order of the Deputy Minister

Murray House, Mount Havelock, Douglas, Isle of Man.

Chief Executive

Note 1: This permission refers only to that required under the Town and Country Planning Acts and does not include any consent or approval under any other enactment, byelaw, order or regulation.

Note 2: A copy of the report of the appointed person is appended hereto.