10 March 2015 · Delegated - Senior Planning Officers (Chris Balmer, Sarah Corlett), Head of Development Management (Jennifer Chance), Director of Planning and Building Control (Michael Gallagher); Decision Notice iss
Field Number 224502, Old Windmill Road, The Curragh, Ballaugh, Isle Of Man, IM7 5bj
The site is a fenced agricultural field with access off the highway via a timber gate with letter box and property name. It contains two separate single-storey timber structures (3m x 5.5m and 3.8m x 5.9m), a lean-to, small shed, trees, and pond; originally used for vegetable growing.
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The principal test for a Certificate of Lawfulness is whether, on the balance of probabilities, the breach of planning control (change to residential use) has occurred continuously for the requisite p…
Town and Country Planning Act 1999 immunity periods
Requires continuous breach for 4 years (building ops or change to single dwelling) or 10 years (other breaches) for immunity from enforcement. Officers tested if sheds qualify as 'single dwelling house' (per Permitted Development Order 2012: building occupied residentially, not flats); ruled no due to split structures, basic timber construction, separate toilet, Building Control failure. Thus 10-year test applied from 2006 breach start; failed due to intermittent prior use, Spain absences, evidential gaps.
Town and Country Planning Act 1999 Certificate of Lawfulness
Enables certificate proving lawfulness via evidence; determined on facts/evidence only, not planning merits. Burden on applicant for precise/unambiguous proof of continuous qualifying use; applicant's affidavits/invoices contradicted by prior enforcement admissions, lack rates/electoral data, and third-party observations of irregularity.
