**Document:** DEC Decision Notice **Application:** 22/01560/B — Erection of garden cabins for use as tourist accommodation (class 3.6) and therapy business and a covered structure (retrospective) **Decision:** Permitted **Decision Date:** 2023-04-12 **Parish:** Braddan **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/9838-braddan-land-at-woodland-heights-ashley-garden-cabins-retrospective/documents/964264 --- # DEC Decision Notice Sarah Corlett Town Planning Consultancy Ltd Ballachrink Croft Ballacorey Road Bride Isle Of Man IM7 4AW 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 Chris & Mrs Karen Bass & Mrs Hollie Quaye, Ref 22/01560/B, for the Erection of garden cabins for use as tourist accommodation (class 3.6) and therapy business and a covered structure (retrospective) at Land At Woodland Heights Ashley Road Onchan Isle Of Man IM4 5BB . 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 business use hereby approved for one of the cabins is only for the provision of Therapy Business services and shall only be carried out by Mrs. Hollie Quaye as flourishtherapies.im and only whilst at the property 'Woodland Heights', Ashley Road, Onchan, and no other staff may be employed and/or work at the premises. Upon the cessation of occupation by flourishtherapies.im at the property, the use 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. - 3. The cabins hereby approved shall not be used or occupied other than for the purpose of short-let holiday accommodation and shall not be used as a separate dwelling. The accommodation hereby approved shall not be occupied by the same person(s) for a single period or cumulative periods exceeding 28 days in any calendar year". - Reason: To ensure that the development is only used and occupied as short let holiday accommodation and to prevent the creation of an unjustified separate dwelling in the countryside. - 4. The use of one cabin for therapy business purposes hereby approved shall not operate outside the hours of 8.30am and 3pm on Mondays, Tuesdays and Wednesdays. Reason: The Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted, and in the interest of the amenities of the residents of neighbouring dwellings. - 5. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 or Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019 or any order amending, revoking or re-enacting these Orders, the structures hereby approved shall be used only for the purpose hereby approved (Therapy Business) and shall not be used for any other purpose within Use Class 1.1 without the express grant of planning approval from the Department. Reason: To enable the Department to consider the implications of any subsequent change of use on the amenities of the area. This approval relates to the documents and plans received 20 December 2022. This decision has been made for the following reasons(s) Overall, it is considered that the proposals would not harm the use and enjoyment of the existing dwelling occupants and neighbouring properties. The proposal would also not result in adverse visual impacts on the character of the site or surrounding countryside, and as such is considered to comply with Environment Policy 16, Strategic Policy 8, Business Policies 11, 13 and 14, General Policy and strategic Policy 4 of the Strategic Plan 2016. Date of Issue: 12th April 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 (should one have been received) 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/9838-braddan-land-at-woodland-heights-ashley-garden-cabins-retrospective/documents/964264*