Application for a Certificate of Lawful Use to make lawful the existing use of the site as an agricultural machinery dealership
Site Address:
JDW Engineering Site Adjacent To Close Veg Glen Darragh Road Glen Vine Isle Of Man
Case Officer:
Mr A Holmes
Photo Taken:
Site Visit:
Expected Decision Level:
Officer Delegation
The Application Site
The application site comprises a parcel of land that is located on the western side of Glen Darragh Road in Glen Vine, Marown. The site is surrounded by a number of residential properties and is accessed directly from Glen Darragh Road.
The Application
The application seeks a certificate of lawfulness for the use of the application site as an agricultural machinery dealership.
Planning History
The application site has been the subject of two previous planning applications that could be considered specifically material to the assessment of this current application:
Planning application 96/00909/A sought approval in principle for erection of agricultural livestock building on the application site. This previous planning application was approved on the 31st October 1996, but no reserved matters application was submitted before the planning approval lapsed 1st November 1998.
Planning application 97/00395/B sought planning approval for the erection of an agricultural building within the application site. This previous planning application was approved on the 16th July 1997. Based on the position and dimensions of the proposed building shown within this previous planning application it is concluded that this planning approval was implemented and constitutes what can be seen on site at present.
Planning Policy
In terms of local plan policy, the application site is located within a wider area of land that is not designated for any site specific purpose under the Isle of Man Planning Scheme (Development Plan) Provisional Order 1982.
Representations
Marown Parish Commissioners state they have no objection to the application.
Assessment
The planning application seeks a certificate of lawfulness for the use of the application site as an agricultural machinery dealership.
The assessment of an application for a certificate of lawfulness requires an examination of the available information in order to determine whether there is sufficient evidence that, on the balance of reasonableness, the use of the application site has existed for more than ten years. Under Schedule 4 Part 1 Paragraph 3. of the Town and Country Planning Act 1999 no enforcement notice may be issued in respect of the use of the land after the end of the period of ten years beginning with the date of the breach.
In terms of evidence relating to the use of the application site as an agricultural machinery dealership for a period of more than ten years the applicant has submitted i) company information; ii) trading information; iii) statements describing business activities; and iv) photographs.
The submitted company information comprises a Certificate of Incorporation identifying the incorporation of JDW Engineering Limited on the 24th December 1999, a Certificate of Registration for VAT relating to the maintenance and repair of motor vehicles specifically from the site from the 23rd February 2000, and related Directors’ Report and Auditor’s Report for the 15 months ending the 30th April 2001. It is considered that these various pieces of evidence conclusively identify the establishment of an agricultural machinery dealership (JDW Engineering Limited) operation from the application site more than ten years ago.
The submitted trading information comprises a number of invoices, both issued and received, relating to JDW Engineering Ltd operating from the site. These invoices, which show a sample of sales from 2000 through to 2011, are considered to provide conclusive evidence of an agricultural machinery dealership (JDW Engineering Limited) operating from the application site for more than ten years.
The submitted statements describing business activities comprise two affidavits and one letter from a Justice of the Peace and company director. These provide written support that JDW Engineering Ltd has operated from the site since 2000 as an agricultural machinery dealership. These affidavits and letter are considered to constitute good evidence to support the application for a certificate of lawfulness.
The submitted photographs claim to show the application site at various times since 1999. These photographs appear to show commercial activity consistent with the operation of an agricultural machinery dealership from the site. Whilst these photographs are dated it is not possible to independently verify these dates, which does not limit the amount of weigh that can be attributed to them in the assessment of the certificate of lawfulness. Nevertheless it would appear that the site has been used commercially for a significant period of time.
Taking the applicant’s evidence into account it is concluded that on the balance of reasonableness it has been adequately demonstrated that the application site has been used as an agricultural machinery dealership for more than ten years.
Recommendation
It is recommended that the certificate of lawfulness be granted.
As there is no right appeal against a certificate of lawfulness there is no assessment of interested party status.
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions
Recommendation
Recommended Decision:
Certificate of Lawful Use Approved
Date of Recommendation:
03.01.2012
R : Reasons for refusal
: Notes attached to refusals
C 1.
The submitted application contains evidence sufficient to demonstrate that the land and existing buildings contained within the application site have been used as an agricultural machinery dealership for a period of time in excess of ten years.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.
Decision Made : Certificate of Lawful Use Approved Date : 11 January 2012
Determining officer (delete as appropriate)
Signed : ... Anthony Holmes Senior Planning Officer
Signed : ... Michael Gallagher Director of Planning and Building Control
Signed : ... Sarah Corlett Senior Planning Officer
Signed : ... Jennifer Chance Development Control Manager
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