**Document:** DEC Decision Notice **Application:** 22/00661/C — Erection of Summerhouse (Retrospective) and Additional use of summerhouse as tourist living accommodation **Decision:** Permitted **Decision Date:** 2022-09-16 **Parish:** Lonan **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/9024-lonan-north-baldrine-house-baldhoon-road-dwelling-retrospective/documents/952237 --- # DEC Decision Notice Mrs Christina Foster North Baldrine House Baldhoon Road Laxey Isle Of Man IM4 7NG 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 Mrs Christina Foster, Ref 22/00661/C, for the Erection of Summerhouse (Retrospective) and Additional use of summerhouse as tourist living accommodation at North Baldrine House Baldhoon Road Laxey Isle Of Man IM4 7NG. 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 structure, hereby approved, shall not be occupied at any time other than for purposes incidental to the residential use of the existing dwelling on the application site otherwise known as 'North Baldrine House', Baldhoon Road, Laxey, and/or as tourist accommodation. No approval is granted for any other use. Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the curtilage. - 3. The internal layout shall remain as shown on the submitted Drawing No.050/101, date stamped as having been received 20 May 2020. No kitchen facilities shall be installed in the building and no additional internal walls shall be erected to further subdivide the internal space of the building. Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the curtilage. - 4. The holiday/tourist accommodation hereby approved shall be used solely as temporary holiday letting accommodation and for no other purposes whatsoever including use as permanent residential unit without the prior express grant of planning permission by the Department. The unit shall not be occupied as a person's sole or main residence and the owner of the holiday/tourist accommodation shall maintain an up-to-date register of the name of each occupier of the holiday/tourist accommodation on the site, their length of stay and their main home address and shall make this information available at all reasonable times to the Department. Reason: The occupation of the holiday/tourist accommodation as an independent permanent residential unit would not comply with the Strategic Plan policies regarding residential development in this area. This approval relates to the following documents and plans: - o Cover Letter and Correspondence, - o Plan List, - o Photographs, - o Location Plan, - o Site Plan, and - o Plans and Elevation for Log Cabin, All date stamped and received 17 May 2022. This decision has been made for the following reasons(s) It is considered that the planning application is in accordance with General Policy 2, Business Policy 13, Strategic Policy 8 and Environment Policy 35 of the Isle of Man Strategic Plan 2016. Date of Issue: 16th September 2022 ## 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 £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. --- *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/9024-lonan-north-baldrine-house-baldhoon-road-dwelling-retrospective/documents/952237*