Officer Report

Application No.: 16/01135/LAW Applicant: Mr Patrick J Boyle And Miss Pamela Duncan Proposal: Application to make lawful the use as a self contained apartment. Site Address: Flat 1 Waterside 4 Windsor Mount Ramsey Isle of Man IM8 3EA Case Officer : Mr Jason Singleton Expected Decision Level: Officer Delegation

Officer’s Report THE APPLICATION SITE

1.1 The application site is the curtilage Flat 1, No. 4 Windsor Mount, Ramsey, a three and half storey Victorian end terraced property sited on the western side of Windsor Mount. - 2.0 THE PROPOSAL

2.1 The application seeks approval for a Certificate of Lawful Use as a self-contained apartment (flat 1) within No. 4 Windsor Mount. - 3.0 PLANNING HISTORY

3.1 15/01394/LAW - Application to make lawful the use as a self-contained apartment (flat 4). Approved. The building was converted to 4 apartments in 1989 according to the lease and whilst this application is solely for the basement apartment and it would appear that the other two (2 and

• 3) which have not been the subject of such applications, also appear to be being used as such without planning approval. It is assumed that this application is submitted solely in respect of this apartment as this is the only one owned by the applicant.

4.0 REPRESENTATIONS 4.1 The Ramsey Commissioners have no objection (received on 28.10.2016). - 5.0 ASSESSMENT FOR CERTIFICATE 5.1 The assessment of the application requires the examination of the information available in order to determine whether there is either sufficient or insufficient evidence, that on the balance of probability the development has been present in excess of 10 years. Under Part 4, Paragraph 24 (ai) of the Town and Country Planning Act 1999 no enforcement notice may be issued in respect of any other breach of planning control, after the end of the period of 10 years beginning with the date of the breach. - 6.0 EVIDENCE 6.1 The applicant has submitted rate demands, a copy of deeds of the purchase of Flat 1, No.

• 4 Windsor Mount, Ramsey in 1997 and the original lease for the flat in 1989 which states that the building was then used as four flats.

6.2 Further evidence includes Rates Bills from the IOM Government - The Treasury ranging from 2010 - 2015, copies of drawing number 1993/1/1 dated 1st June 1989 showing the floor plan of the flat and copies of a "notice of planning application" for flat 4 of 4 Windsor Mount. Ramsey (PA 15/01394/LAW) dated January 2016.

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7.0 ASSESSMENT - 7.1 In assessing whether a Certificate of Lawfulness should be issued in respect of this activity it is necessary for the applicant to demonstrate that the activity has been on-going at a similar level of intensity for ten years or more in accordance with the Town and Country Planning Act 1999 which states:

"PART 4 - ENFORCEMENT OF CONTROL 24(1) Regulations may make provision for an application for, and the issue by the Department of, a certificate stating whether or not…a) any existing use of buildings or land is lawful…c) any operations which have been carried out in, on over or under land are lawful…(2) For the purpose of this section - a) uses and operations are lawful at any time if - i) no enforcement notice may be issued in respect of them."

7.2 The Act goes on "(3) A certificate issued under this section in accordance with regulations A0 specifying the land to which it relates; b) describing the use, operations or other matter in question; c) giving the reasons for determining the use, operations or other matter to be lawful and d) specifying the date of the application for the certificate." - 7.3 In this case the applicant has provided a variety of information which dates back to 1988 when it appears the property was first used as a self-contained flat. - 7.4 There is no evidence to suggest that the information which has been provided is incorrect or false and as such it is recommended that a Certificate of Lawfulness is issued in respect of the use of part of the property being used as a self-contained apartment (flat 1) within No. 4 Windsor Mount and an Enforcement Notice could not be issued as the time limit set out in Schedule 4 Part 1 3.c of the Town and Country Planning Act 1999 has expired.

8.0 RECOMMENDATION - 8.1 In conclusion, it is considered that on balance, the information submitted with it indicates a use that has been in existence for a period in excess of 10 years. As such, it is considered that the applicant has provided sufficient evidence to demonstrate enforcement action cannot be taken as part of the property has been used as a self-contained apartment (flat 1) within No. 4 Windsor Mount in excess of ten years.

Recommendation Recommended Decision: Permitted

Date of Recommendation: 22.11.2016

Reason: The submitted application reference 16/01135/LAW, contains evidence sufficient to demonstrate that the property has been used as a self-contained apartment (flat 1) within No. 4 Windsor Mount as defined in the submitted location plan received on 23rd September 2016 for a period in excess of ten years prior to that date.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 06.12.2016 Determining officer

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Signed : C BALMER Chris Balmer Senior Planning Officer

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