DEC Decision Notice

Mr & Mrs J P Christian Luss House 14 Patrick Street Peel Isle Of Man IM5 1BR

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure) Order 2019

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Mr & Mrs J P Christian, Ref 21/00519/C, for the Additional use of residential property as a therapy and treatment business at Luss House 14 Patrick Street Peel Isle Of Man IM5 1BR .

Any conditions or notes which apply to the approval are set out below. This approval is subject to compliance with any conditions listed and may not be implemented until it becomes final (see guidance notes).

• 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• 2. The area of the building to be used for therapy shall be limited to that shown on the floor plans forming part of the application and the use hereby permitted shall not extend into any other part of the premises.

Reason: To minimise the disturbance to adjacent residential occupiers and to protect the residential character of the locality.

• 3. The business use hereby approved is only for the provision of a therapy and treatment business and shall only be carried out by Mrs Gillian Christian and only whilst she is resident at 'Luss House', 14 Patrick Street, Peel, and no other staff may be employed and/or work at the premises. Upon the cessation of occupation by Mrs Gillian Christian the use for provision of a therapy and treatment business hereby permitted shall cease.

Reason: This permission is granted exceptionally and the Department wishes to have the opportunity of exercising control over any subsequent use in the event of the applicant ceasing the use hereby permitted.

• 4. The treatment parlour hereby approved shall operate only within the following times: 1800hrs to 2000hrs on Mondays - Fridays, 0900hrs-1700hrs Saturdays and not at all on Sundays.

Reason: In order to protect the amenities of the area for those living in the surrounding area.

This approval relates to the Floor Plans, Block Plan and Location Plan; Fire Safety Assessment; and Supporting Information date stamped and received 28 April 2021; and Email received 30 June 2021.

This decision has been made for the following reasons(s) The proposal is considered to comply with General Policy 2, Environment Policy 35, Business Policy 1 and Transport Policy 7 of the Isle of Man Strategic Plan 2016.

Date of Issue: 2nd July 2021

Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner in accordance with the authority delegated to them.

This decision refers only to that applied for under the Town and Country Planning Act 1999 and its subordinate legislation.

A copy of the Officer’s report and any correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services www.gov.im/Viewapplications) or at the Department’s offices Murray House, Mount Havelock, Douglas.

Implementation The decision does not become final until either

•  Any appeal has been concluded; or
•  21 days have passed since the date on this notice and no appeal has been submitted

Development must progress in accordance with the plans approved under, and any conditions attached to this approval (irrespective of any changes that may separately be requested at the Building Control stage or by any other Statutory Authority). This approval does not remove the need to also comply with any other relevant legislation.

Any conditions requiring certain works, submissions etc. prior to commencement of development must be fulfilled prior to work starting on site. Failure to adhere to this approval and meet the requirements of all conditions may invalidate this approval or result in formal enforcement action.

Appeal Any appeal must be in writing and submitted to the Department within 21 days of the date of this Notice. The appeal must contain:

•  the grounds for making the appeal;
•  payment of the planning appeal fee (currently £295); and
•  if relevant, confirmation that the appellant wishes to have the appeal determined by means of an inquiry and payment of the additional inquiry fee (currently £110). Where the appeal is submitted by the applicant they must:
•  specify in detail and by reference to material planning considerations the reasons why the appellant disagrees with that determination; and
•  Where against a refusal, on the grounds of deficient detail or supporting documentation, set out why they consider the information or documentation forming part of the application was sufficient in the circumstance. If the appeal is submitted by someone who has interested Person Status but is not listed in Article 4(2) of the Development Procedure Order 2019, that person must relate their grounds for making the appeal to issues which they included in representations made prior to the application being determined.

Failure to meet all of the relevant above requirements will mean that the appeal cannot be validated.

An appeal form and more detailed guidance are available either from Planning & Building Control, Tel 685950, or from the Department’s website www.gov.im/planningappeal

If this decision becomes final because there is no appeal, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within thirty days following the last date on which a planning appeal can be made it will be destroyed without further notice.