1 November 2012 · Delegated - Development Control Manager (Jennifer Chance)
Ballawhetstone Farm, Douglas Road, Ballabeg, Castletown, Isle Of Man, IM9 4ed
The site at Ballawhetstone includes a two-storey dwelling, traditional Manx stone barn with stables, and a large modern steel-framed barn southeast of Ballabeg Village. The proposal sought a Certificate of Lawful Use under section 24 of the Town and Country Planning Act 1999 to confirm the modern barn and land had been…
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The officer examined evidence to determine if, on the balance of reasonableness, the equestrian use had existed for over 10 years prior to 9th August 2012, per Schedule Part 1, Paragraph 3(c) of the T…
Town and Country Planning Act 1999 section 24
Requires evidence that use was lawful on a specified date, immune from enforcement after 10 years. Officer assessed submitted documents against this test, finding 'sufficient evidence' of continuous equestrian centre operation exceeding 10 years prior to 9th August 2012. No zoning or development plan policies directly tested as this confirms existing lawful use rather than new development.
Operational limitations
The character of the use is set out in the applicant's email of 17th October 2012 that the equestrian centre should only be open to members of the public between the hours of 09:00hrs to 21:00hrs, 6 days a week and should have no more than 35 people at any one time. Note: if the level of activity materially changes from that stated in the limitations then a further application may be needed.
do not object
Malew Parish Commissioners raised no objection to the application. DEFA confirmed continuous operation as a licensed commercial riding establishment for many years.
DEFA
SupportThe premises at: Ballawhetstone Stables Ltd Ballawhetstone Farm Ballabeg, Isle of Man has operated as a commercial Riding Establishment continuously for many years.; I have direct knowledge of the Department, inspecting and licencing the premises, since 2004.; Departmental licences were issued prior to this date, commencing during the late 1990's.
Malew Parish Commissioners
No ObjectionThey do not object to this Application.
