12 November 2012 · Development Control Manager (delegated authority)
Barroose House, Barroose Road, Baldrine, Isle Of Man, IM4 6ar
The application sought a Certificate of Lawful Use for retaining a portakabin and two storage containers sited around a marquee in the curtilage of Barroose House, a large detached dwelling on a hillside overlooking Baldrine Road.
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Certificates of Lawful Use are assessed solely on submitted evidence proving continuous existence for 4+ years, after which enforcement action is not possible under the Town and Country Planning Act 1…
Environment Policy 1
Protects countryside (land outside settlements or not designated for development) from adverse development unless overriding national need. Site is Open Space/Agricultural Use per Laxey and Lonan Area Plan 2005. Policy noted but not tested as lawful use determination is evidence-based only, not merits of development.
Environment Policy 21
Restricts animal-related buildings in countryside if detrimental to character by siting/design/size/finish. Relevant to Isle of Man Strategic Plan but not applied as certificate assesses existing use immunity from enforcement, not policy compliance.
Evidence confirmation
The submitted application reference, PA12/001253/LAW, contains evidence sufficient to demonstrate that the Portakabin and two containers as shown by the plans HLK/12/0124 2, HLK/12/0124 3 and HLK/12/0124 4 all received on 11th September, 2012 have been in situ for a period in excess of four years prior to 11th September 2012.
Do not oppose; has no traffic management, parking or road safety implications
Recommend approval subject to Planning Committee approval
