153245

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Department of Environment, Food and Agriculture, Planning and Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Tel 685950 email [email protected] Reference: 17/00912/LAW

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

The Department of Environment, Food and Agriculture hereby certifies that on the 30th August 2017, 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, would have been lawful within the meaning of section 24 of the Town and Country Planning Act 1999 for the following reason(s):

The information provided demonstrates that on the balance of probability the land as edged in red on the Isle of Man Survey Location Plan (Scale 1:1000), date-stamped as having been received 22nd August 2017, has been in use as a self-contained residential unit for a continuous period in excess of four years from the current date.

This decision was made by the Head of Development Management under the Government Departments Act 1987, in the name of the Minister and/or in the name and on behalf of the Department. Schedule 1. Uses to which this certificate relates

The use of the Basement Flat, 16 Derby Road, Douglas as a self-contained residential unit as shown edged in red on the Isle of Man Survey Location Plan (Scale 1:1000), date-stamped as having been received 22nd August 2017, has been in use as a self-contained residential unit for a continuous period in excess of four years from the current date

Schedule 2. The Land to Which the Notice Relates

Basement Flat 16 Derby Road Douglas Isle Of Man IM2 3ET

Date 12th October 2017

Signed on behalf of the Department of Environment Food and Agriculture

Miss J Chance MRTPI Director of Planning and Building Control

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Department of Environment, Food and Agriculture, Planning and Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Tel 685950 email [email protected] 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 would have been 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 use 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.