ISle of Man

Government

Raillye Ellen Pannin

Please reply to the signatory and quote our reference on all correspondence.

Our Ref: 13/00689/LAW

Your Ref:

Miss P Newton 2 Glen View South Cape Laxey

Dear Sir(s)

| Application No: | 13/00689/LAW | | --- | --- | | Proposal: | Application for a certificate of lawfulness to confirm | | | the lawfulness of the use of a building as a residential | | | dwelling | | Address: | Baldromma Jurby Road Lezayre Ramsey Isle Of Man | | | IM7 2EB | | Applicant: | Mrs Angela Jean Corkish |

In consideration of the evidence provided in support of the abovementioned application, the Department has determined to issue a Certificate of Lawfulness, herewith enclosed.

There is no appeal against the issue of this certificate, however the Department retains powers to revoke, in accordance with section 24(5) of the Town and Country Planning Act 1999, should later contradictory evidence be established.

Should you have any queries relative to the content of this certificate please contact this Department at your earliest convenience.

Yours faithfully,

Secretary Planning Committee

Department of Infrastructure Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF

ISle of Man

Government Railtge Fiten Vanein

infrastructure

planning and building control bun-troggalys - plannal as gurneil troggal

TOWN AND COUNTRY PLANNING ACT 1999 CERTIFICATE OF LAWFUL USE OR DEVELOPMENT

The Department of Infrastructure hereby certifies that on the 17th June 2013, use described in Schedule 1 to this certificate in respect of the land specified in Schedule 2 to this certificate and edged RED on the plan attached to this certificate, was lawful within the meaning of section 24 of the Town and Country Planning Act 1999 for the following reason(s):

1. The application provides sufficient unambiguous and precise evidence to demonstrate that, on the balance of probabilities, the site has been occupied by non-agricultural worker/s for a continuous period of at least ten years in breach of condition (f) of planning approval 27628. A Lawful Development Certificate should therefore be granted.

This decision was made by the Development Control Manager in accordance with the authority delegated under the Government Departments Act 1987.

Schedule 1. Uses to which this certificate relates

Occupation of the dwelling by a non-agricultural worker in breach of condition (f) of planning approval 27628.

Schedule 2. The Land to Which the Notice Relates

Baldromma<br>Jurby Road<br>Lezayre<br>Ramsey<br>Isle Of Man<br>IM7 2EB

Date 9th August 2013 Signed on behalf of the Department of Infrastructure

(huance

Miss J Chance RTPI Development Control Manager

Notes

1. This certificate is issued solely for the purpose of section 24 of the Town and Country Planning Act 1999.
2. It certifies that the use specified in Schedule 1 taking place on the land described in Schedule 2 was lawful, on the specified date and, thus, would not have been liable to enforcement action under section 26 of the 1999 Act on that date.
3. This certificate applies only to the extent of the use described in Schedule 1 and to the land specified in Schedule 2 and identified on the attached plan. Any matter which is materially different from that described or which relates to other land may render the owner or occupier liable to enforcement action.
4. The effect of the certificate is also qualified by the proviso in section 24(3) of the 1999 Act, which states that the lawfulness of a described use or operation is only conclusively presumed where there has been no material change, before the use is instituted or the operations begun, in any of the matters relevant to determining such lawfulness.

Department of Infrastructure

Planning and Building Control Division

| Km | 0.025 | 0.05 | 0.075 | 0.1 | 0.125 | 0.15 | 0.175 | | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | |

Base Map reproduced from the Isle of Man Survey mapping, licence number GD000/97. © Crown Copyright, Department of Local Government and the Environment, Isle of Man. Reproduction prohibited without prior permission.

| Comments | 13/00689/LAW | | --- | --- | | Date | 09 August 2013 |

PLANNING OFFICER REPORT AND RECOMMENDATIONS

| Application No. : | 13/00689/LAW | | :-- | :-- | | Applicant : | Mrs Angela Jean Corkish | | Proposal : | Application for a certificate of lawfulness to confirm the | | | lawfulness of the use of a building as a residential dwelling | | Site Address : | Baldromma | | | Jurby Road | | | Lezayre | | | Ramsey | | | Isle Of Man | | | IM7 2EB |

Case Officer : Mr Edward Baker Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Officer's Report

THE APPLICATION SITE

1. The application site is a dwelling known as "Baldromma", situated to the south side of Jurby Road on the western outskirts of Ramsey. It comprises a large detached bungalow set in a relatively spacious garden. The dwelling is accessed via a long private track, which also serves a farm and other rural land. The applicant also owns land surrounding the dwelling to the north, south, east and west and south, which it is understood has been used for the keeping of horses.

THE PROPOSAL

2. The original planning approval for "Baldromma" is subject to a condition which limits its occupation to an agricultural worker. The applicant claims that the site has been occupied in breach of this condition for at least ten years. The application is seeking a Lawful Development Certificate to establish that the current occupation of the dwelling by a nonagricultural worker is lawful.
3. The application is supported by the following evidence:

• Affidavits from the applicant and applicant's husband
• Deed of Release and Grant of Easement, dated 18 March 2002
• Deed of conveyance, dated 22 January 2001
• \quad Letter from DEFA, dated 13 April 2013
• Rates demand letter for 2013/14

4. The applicant is Mrs Angela Corkish who owns the site and resides there with her husband, Juan Illiam Corkish

PLANNING HISTORY

5. 10/00197/B - approval granted in 2010 for the erection of a kitchen extension.

6. 00/01280/B - approval granted in 2000 for the erection of a stable block.

7. 98/02223/C - application refused at appeal in 1999 for removal of the agricultural occupancy condition.

8. 89/01109/B - approval granted for the erection of a conservatory.

9. 29489 - detailed approval granted in 1971 for a new farm house and double garage.

10. 27628 - approval in principle granted in 1970 for a new farm building. Condition (f) reads: 'The proposed farm dwelling must be occupied by a person engaged in agriculture to the satisfaction of the Planning Committee.'

REPRESENTATIONS

11. Lezayre Parish Commissioners - unanimous approval.

ASSESSMENT

Matters for consideration 12. A Lawful Development Certificate is determined on the basis of legal tests. If a development is to be lawful then the applicant must demonstrate that the development has occurred for four years or more (in the case of operational development and the erection of a dwelling house) or ten years (in the case of a material change of use or breach of a planning condition). 13. The principal test is whether, on the balance of probabilities, the development has been carried out continuously for the given period. The burden of proof rests with the applicant and their evidence must be precise and unambiguous. If the Planning Authority has no evidence of its own to contradict that provided by the applicant, then provided that the applicant's evidence is sufficiently precise and unambiguous, a Lawful Development Certificate may be issued. It is not necessary for the Planning Authority to corroborate the applicant's evidence.

Planning history

14. Approval in principle was granted for the dwelling in 1970 (27268) followed by detailed approval in 1971 (29489). The planning approval was subject to the following agricultural occupancy condition: 'The proposed farm dwelling must be occupied by a person engaged in agriculture to the satisfaction of the Planning Committee.'
15. Unlike most agricultural occupancy restrictions, the condition did not extend to dependants or retired farm workers. The applicant says that it was later clarified that the condition extended to retired farm workers, even though the wording of the condition does not indicate this.
16. According to the application, the farm originally comprised 73 acres. During the 1970s and early 1980s, various pieces of farm land were sold off in piecemeal fashion. In 1980, planning approval was granted for a new farmhouse to replace the original, but not Balladromma (55012). In 1982, the farm was bought by Peter Wilson, now deceased. He ceased farming in 1998 due to ill health and the farm holding was further broken up. Planning

approval was granted in 1999 for the erection of a building in the main farmyard for use as a film studio. It is implied that this use took over some or all of the farming activities. 17. "Balladromma" is physically separate from the original farm and fayfm yard which are situated further to the south. 18. In 2001, "Balladromma" was purchased by the applicant, Mrs Angela Corkish.

Consideration of the evidence 19. The applicant, Mrs Angela Corkish, has submitted an affidavit. She confirms that she bought the dwelling along with seven acres of land in 2001. The land has been used from time to time for the grazing of horses. Mrs Corkish later became aware that the dwelling is subject to an agricultural occupancy restriction. The dwelling has been occupied continuously by Mrs Corkish and her husband, Juan Illiam Corkish, since January 2001. Mrs Corkish makes the statement that neither her nor her husband have at any time ever been engaged in agriculture in any form. Domestic rates are paid on the property. Neither of them have ever received any income from agricultural activity or agricultural use of the dwelling. Since 2001, it has only ever been occupied by Mr and Mrs Corkish as their only residence. 20. Mr Corkish has also submitted an affidavit in which he confirms that the information contained in Mrs Corksh's affidavit is correct. 21. Further evidence is provided in the form of deeds showing the purchase of the site by Mrs Corkish in 2001, a letter from DEFA confirming no agricultural returns from the property, and a copy of the local authority's rates demand for the property for 2013/14, which indicates no business or agricultural use. 22. The principal evidence in this case is the affidavit from Mrs Corkish, supplemented by the affidavit from her husband, Mr Corkish. The evidence is short but straight to the point. It indicates that the dwelling has not been occupied by person/s complying with the agricultural occupation condition since at least as far back as January 2001, more than 12 years. There is no information before the Planning Authority which contradicts this evidence. The Parish Commissioners support the application. It is therefore considered that the Lawful Development Certificate should be granted.

RECOMMENDATION

23. It is recommended that a Lawful Development Certificate is granted.

PARTY STATUS

24. There is no requirement to list Interested Parties for a Lawful Development Certificate application.

Recommendation

Recommended Decision: Certificate of Lawful Use Approved

Date of 05.08.2013

Recommendation:

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

N : Notes attached to conditions

R : Reasons for refusal

0 : Notes attached to refusals

C 1.

The application provides sufficient unambiguous and precise evidence to demonstrate that, on the balance of probabilities, the site has been occupied by non-agricultural worker/s for a continuous period of at least ten years in breach of condition (f) of planning approval 27628. A Lawful Development Certificate should therefore be granted.

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 : 9/8/13

Determining officer (delete as appropriate)

Signed : \qquad Anthony Holmes Senior Planning Officer Signed : \qquad Michael Gallagher Director of Planning and Building Control

Signed : \qquad Sarah Corlett Senior Planning Officer Signed : \qquad Jennifer Chance Development Control Manager

PA13/00689/LAW Mrs Angela Jean Corkish Application for a certificate of lawfulness to confirm the lawfulness of the use of a building as a residential dwelling, Baldromma Jurby Road Lezayre Ramsey Isle Of Man IM7 2EB Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 17.06.2013, includes;

Dev Control Polygons: Reference Number: 00/01280/B Status: Permitted Proposal: Erection of stable block Reference Number: 13/00689/LAW Status: Pending Consideration Proposal: Application for a certificate of lawfulness to confirm the lawfulness of the use of a building as a residential dwelling Reference Number: 98/02223/C Status: Refused on Review Proposal: Removal of agricultural occupancy condition to dwelling, Baldromma, Jurby Road, Lezayre Reference Number: 10/00197/B Status: Permitted Proposal: Erection of a kitchen extension Reference Number: 89/01109/B Status: Permitted Proposal: Erection of conservatory, Baldromma Cottage, Jurby Road, Lezayre. BC Case Polygon: Reference Number: 10/07103/DEX BC Case Status: Plans Rejected Proposal: Single storey Kitchen extension Reference Number: 89/02920/DEX BC Case Status: Building Work Complete Proposal: Conservatory

Notes

• plan to go more offdwell showing property?
• condition sup 'cugaged' in agnillone, not
• deriving income from agnillone.

Ed 26/6/13