6 November 2018 · Head of Development Management (Stephen Butler)
9, Clifton Terrace, Douglas, Isle Of Man, IM2 3hx
The property at 9 Clifton Terrace is a four-storey Victorian terraced dwelling/guesthouse in a residential area with mixed uses including flats and hotels. The application seeks to confirm the lawfulness of its use as an HMO accommodating up to 13 tenants (some sharing double rooms as couples) since 2004, with shared f…
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The assessment focused solely on whether there was sufficient evidence, on the balance of probabilities, that the HMO use had been continuous for over 10 years, as per Schedule 4, Part 1, Paragraph 3 …
Douglas Local Plan Order 1998
The site is designated within an Area of Predominantly Residential Use on Douglas Local Plan Order 1998 map No.2 and is in the Ballaquayle Road Conservation Area. However, for a lawful use certificate, the assessment is not based on merits or compliance with policies like the Strategic Plan; it only examines if evidence shows the use has existed unlawfully for over 10 years.
HMO Definition
Defines HMO as a property occupied by 6 or more people/separate households as main residence with shared facilities; legislation from 2014 requires registration but does not apply retrospectively. The officer noted many smaller hotels/guest houses operated as HMOs pre-2014, but policy compliance was irrelevant to the certificate determination.
no objection (letter dated 31 July 2018)
Douglas Borough Council (via Building Control Manager) has no objections to the application 18/00670/LAW for a Certificate of Lawful Use as a House in Multiple Occupancy (HMO) at 9 Clifton Terrace, Douglas.
Douglas Borough Council
No ObjectionDouglas Borough Council has no objections to the listed application.; It should be noted that the comments are made in relation to the Town and Country Planning Acts and does not imply approval or consent under any other relevant enactment, byelaw, order or regulation.