26 October 2022 · Delegated - Principal Planner (Jason Singleton)
Ballachurry Farmhouse, Ballachurry Road, Greeba, Isle Of Man, IM4 3le
The site is Ballachurry Farmhouse on Ballachurry Road, Greeba. In 2010, planning permission PA 10/00614/B was granted for a replacement dwelling and garage, with condition 4 requiring demolition of the existing dwelling within 30 days of first occupation of the new dwelling.
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The application is for a Certificate of Lawful Use/Development, determined on factual evidence rather than planning merits, testing whether the breach of condition has subsisted continuously for 10 ye…
Statement of lawfulness
It is clear from the information submitted and that available to the Department that the existing house was not demolished as required by condition 4 and that the house remains on the site and the Department has no evidence itself, nor any from others, to contradict or otherwise make the applicant's statement less than probable that the existing dwelling remains on the site and has done in breach of condition 4 of 10/00614/B since December 2011, a period of 10 years, and that this use has not been supervened by another material change of use.
German Parish Commissioners object to the certificate of lawfulness application on the grounds that forgetting to demolish the building does not justify allowing it to remain.
Key concern: applicant’s failure to demolish the building despite clear condition is not sufficient reason to allow it to remain
German Parish Commissioners
ObjectionMy Commissioners object to this application the grounds that for the applicant to “forget” to demolish the building when there was clearly a condition of the approval, is not sufficient reason to allow the building to remain.
