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Mr E Matenga 17 St Catherines Close Belmont Hill Douglas IM1 4HZ
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 Linda Holden & Lelie Netherwood, Ref 22/01527/B, for the Erection of therapy office and sauna room at Nauvoo Vicarage Road Douglas Isle Of Man IM2 2QF .
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).
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.
Reason: To ensure that the development is undertaken in accordance with the application details and in the interest of protecting neighbouring living conditions.
Reason: To minimise the disturbance to adjacent residential occupiers and to protect the residential character of the locality.
Reason: Although the specific details of this application have been found acceptable, any change to its operation will require fresh assessment.
Reason: The dwelling is within a single residential plot and does not propose to create separate units of accommodation within the site and has not been considered as such.
This approval relates to the documents, location plan, operation statement and drawing no. AP103, AP 104 Rev A date stamped as having been received on 7th December 2022 and drawing no. AP100 Rev A which has been received on 13th January 2023.
This decision has been made for the following reasons(s) The proposed sauna/therapy hut would only be used by two operators and three customers at any time and the impact on the neighbouring amenities would not be significantly more than the applicant using the space by himself and neither does its impact on the parking demand of the area.
Date of Issue: 16th March 2023
Director of Planning and Building Control
Guidance Note
This decision was made by the Planning Committee in accordance with the authority delegated to it.
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 £305); 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 £115). 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.
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