18 January 2022 · Delegated - Principal Planner (Jason Singleton)
25, Malew Street, Castletown, Isle Of Man, IM9 1ad
The application sought a Certificate of Lawful Use confirming that the ground floor of a three-storey mid-terrace property in Castletown town centre and Conservation Area has been in residential use since 1986, changing from its original retail shop use.
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The application was determined on the basis of fact under Section 24 of the Town and Country Planning Act 1999, testing whether the change of use from retail to residential has subsisted continuously …
Evidence confirms 10-year residential use
The information provided demonstrates that on the balance of probability the property at 25 Malew Street, Castletown as edged in red on the Location Plan and site Plan, date-stamped as having been received 6th October 2021, has been in use as a residential dwelling for a continuous period of ten years and as such, the Department may not issue an enforcement notice due to the provisions of Town and Country Planning Act 1999 Schedule 4 Part 1 paragraph 3(c).
no records of recent property usage and/or evidence to contrary to that submitted and raises no opposition to the certificate of lawfulness
the application property has not been used as a shop for more than 20 years
lived at their property for over 55 years and that the application property has not been used as a shop for more than 30 years
the application property has not been in retail use for over 10 years
Historic Voters List for Castletown has name of previous residents (2011 and 2012 registers)
Highways Development Control has no records contradicting the submitted evidence of recent property usage and raises no opposition to the certificate of lawfulness.
Highways Development Control
No ObjectionHDC has no records of the recent property usage and / or evidence to contrary to that submitted and raises no opposition to the certificate of lawfulness.
