23/00621/LAWRefused

15 November 2023 · Head of Development Management (Stephen Butler)

Certificate of Lawful Use for the running of an operational centre and workshop

Ballasalla Farm, Jurby West, Isle Of Man, IM7 3as

Received19 May 2023

Validated23 May 2023

Decided15 Nov 2023

6 months

Received19 May 2023

Validated23 May 2023

Decided15 Nov 2023

6 months

Why was this refused?

insufficient precise evidence of 10-year continuous use
aerial imagery showing agricultural origins and post-2006 changes
planning history of approved agricultural building
burden of proof on applicant not met
balance of probabilities test failed

The application requested confirmation that a detached workshop building and surrounding land at Ballasalla Farm had been lawfully used as an operational centre and workshop for more than 10 years, making it immune from enforcement.

Refusal Reasons

✗Having assessed the above, it would appear the evidence provided does not sufficiently demonstrate that the application site has been used as an operational centre and workshop for a period in excess of 10 years, as such, the Department may issue an enforcement notice due to the provisions of Town and Country Planning Act 1999 Schedule 4 Part 1 paragraph 3(a) and it is recommended that a Certificate of Lawful Development should not be granted.

Documents (13)

Officer Report Application Form

Find Similar Applications

Click a button above to find applications similar to this one.

⚖️

Compare this application

See how this application compares to similar ones — policies, conditions, and outcomes side by side.

Search for an application to compare with

Decision & Reasoning

Refused15 November 2023

The officer determined the application on factual evidence alone, testing if the use as an operational centre and workshop had continued for over 10 years per Town and Country Planning Act 1999 Schedu…

View on map →

People

Hamish Laird

Case Officer

Key Information

Reference: 23/00621/LAW
Decision: Refused
Date: 15 November 2023
Parish: Jurby
Year: 2023
Type: Certificate of Lawful Development
Category: Other
Scale: minor

Property Details

Property Type: agricultural
Proposal Type: other
Context: rural

Property Planning History (5)

24/00548/LAWApproved2024

Certificate of Lawful Use for the running of an operational centre and workshop

23/00621/LAWOther2023Viewing

Certificate of Lawful Use for the running of an operational centre and workshop

AP22/0026Refused2022

Appeal against the refusal for erection of side extension with roof terrace above and associated works

22/00449/BApproved2022

Erection of detached portal frame building to provide Workshop space.

22/00024/BRefused2022

Erection of side extension with roof terrace above and associated works

Source & Provenance

Official reference: 23/00621/LAW
Source authority: Isle of Man Government Planning & Building Control
Source system: Legacy IDOX planning platform
Official record URL: No stable public per-record URL
First indexed: 14 Sept 2025, 20:47
Last synced: 2 Mar 2026, 14:29
Licence: Isle of Man Open Government Licence

Why was this refused?

insufficient precise evidence of 10-year continuous use

aerial imagery showing agricultural origins and post-2006 changes

planning history of approved agricultural building

burden of proof on applicant not met

balance of probabilities test failed

Refusal Reasons

✗Having assessed the above, it would appear the evidence provided does not sufficiently demonstrate that the application site has been used as an operational centre and workshop for a period in excess of 10 years, as such, the Department may issue an enforcement notice due to the provisions of Town and Country Planning Act 1999 Schedule 4 Part 1 paragraph 3(a) and it is recommended that a Certificate of Lawful Development should not be granted.