27 October 2011 · Development Control Manager
Land Adjacent To Ballacraine Cottages, Access To Smithy House From Peel Road, Ballacraine, St Johns, Isle Of Man, IM4 3lr
The application sought a certificate confirming that the single-storey detached building known as Fir View, located on a parcel of land on the northern side of Peel Road in St. John's, German, has been lawfully used as a dwelling with associated residential curtilage for more than four years.
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The assessment required evidence on the balance of reasonableness that the use as a dwelling existed for more than four years prior to application, per Schedule 4 Part 1 Paragraph 3(b) of the Town and…
Certificates of Lawful Use or Development
Requires evidence that use has existed for over 4 years to be immune from enforcement. Officer examined applicant evidence (deeds, utilities, rates) and departmental records (1968 approval), concluding on balance of reasonableness that use as dwelling exceeded 4 years. No policy merit assessment required.
Multiple neighbouring residents and German Parish Commissioners submitted objections to the certificate of lawfulness application, primarily citing inadequate access, parking issues, unsuitability for habitation, precedent for backland development, and traffic concerns on the busy A1 road.
Key concern: no adequate vehicular access leading to parking on busy main road A1
German Parish Commissioners
ObjectionThe Commissioners object to this application on the grounds that a similar application was made some years ago in the same area and was refused as it was considered ribbon development and on the traffic impact on the already busy A1.; There is no adequate vehicular access to this property and this would mean extra vehicles parking on the main road.
