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.
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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…
