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Application No.: 18/00670/LAW Applicant: Mark Higgins Proposal: Application to make lawful the use of the property as a House in Multiple Occupancy (HMO) Site Address: 9 Clifton Terrace Douglas Isle of Man IM2 3HX Planning Officer: Mr Owen Gore Expected Decision Level: Officer Delegation Recommended Decision: Certificate of Lawful Use Approved Date of Recommendation: 01.11.2018 _________________________________________________________________ Reasons The evidence submitted, along with the information from other Departments/Divisions, suggest on the balance of probabilities that the property has indeed been used as a 13 person house in multiple for a period in excess of ten years.
_______________________________________________________________ Interested Person Status – Additional Persons Not Relevant _____________________________________________________________________________ Officer’s Report THE SITE
1.1 The application site is a dwellinghouse/guesthouse within a row of terraced, Victorian properties. This side of the street scene is characterised by a similar style of terraced properties, which include residential flats and hotel/guesthouse uses. THE PROPOSAL AND EVIDENCE SUBMITTED - 2.1 The application seeks to demonstrate the lawfulness of the use of No.9 Clifton Terrace as a House of Multiple Occupancy, which the applicant has stated has been in operation since 2004.
2.2 The submitted floor plans show accommodations over four stories. Excluding hallways, landings and lobbies the accommodation is as follows: On the Ground Floor there is large living and dining room, small kitchen, utility room and a large bedroom; on the first floor there are five bedrooms, two shared bathrooms and a W/C; on the second floor there are five bedrooms, one shared bathroom and a W/C; and on the Third Floor there are five bedrooms (one of which has a ensuite W/C), a shared bathroom and a shared shower room.
2.3 The applicant has stated that the property is occupied by thirteen tenants, eight of which share double rooms as couples and the rest occupying single rooms. There is a slight discrepancy in that the applicant has stated that there are '2 First Floor Kitchens', which don't appear to be shown on the submitted floor plans. - 2.4 The application has been submitted with the following evidence (in no order) in support:
3.1 The site is shown on the Douglas Local Plan Order 1998 map No.2 as being within the local plan area and the property is designated within an Area of Predominantly Residential Use. The application site is within the Ballaquayle Road Conservation Area.
3.2 On the 1 January 2014 legislation came into effect defining Houses in Multiple Occupation (HMO) and requiring them comply with the requirements and register with the relevant Local Authority. The purpose of the legislation was to ensure a minimum standard of living conditions for occupiers. As part of that Registration the property needs to have the appropriate planning paperwork in place. Prior to that date it is generally accepted that many of the smaller hotels and guest houses were operating as a HMO rather guest house/hotel albeit illegally. A HMO is defined within the Housing (Definition of a Flat or House in Multiple Occupation) Order 2013 as a property being occupied by 6 or more people/separate households as their only or main residence where there are shared facilities. - 3.3 Under Schedule 4, Part 1, Paragraph 3 of the Town and Country Planning Act 1999 no enforcement notice may be issued in respect of any other breach of planning control, after the end of the period of 10 years beginning with the date of the breach. - 3.4 Therefore the assessment of this application is not based on the merits of the proposal in terms of meeting the requirements of the Strategic plan; rather the examination of the information available in order to determine whether there is either sufficient or insufficient evidence that, on the balance of reasonableness, the change of use was carried out in excess of 10 years.
4.1 The previous planning applications are not considered to be specifically material in the assessment of the current application.
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Douglas Borough Council have commented on this application and stated that they do not object in the letter dated 31 July 2018. ASSESSMENT
6.1 The assessment of the application requires the examination of the information available in order to determine whether there is either sufficient or insufficient evidence that, on the balance of reasonableness, the change of use has been in excess of 10 years.
6.2 The applicant has provided a statement including a description of the use and occupation of the property; the statement is accompanied by letters stated as being from the occupants, each signed and dated (the letters dated 20 May 2018 and the signatures dated 7 June 2018) and witnessed by a third party. The final letter is stated as being from the previous owner of the property and is signed and dated 12 February 2018. - 6.3 The applicant has stated that the building has been used as a HMO since 2004; this is corroborated by the letter for the previous owner of the property, Mrs Stynes, who has stated that during her ownership the accommodation was used as a guesthouse between 1988 and 2004 and then as a HMO from then until sold the property to the applicant in 2013 with sitting tenants. - 6.4 The applicant has included the names of 11 current occupants. It is stated that several are sharing double rooms as couples and the remainder are occupying single rooms.
6.7 Schedule Part 1, Paragraph 3 of The Act, as mentioned above, means that enforcement action cannot be taken on development which has been carried out in excess of ten years. - 6.8 Generally if there is no evidence from the information available to the Department, or from others, to contradict or otherwise make the applicant's version of events less than probable, there is no good reason to refuse the application, provided the applicant's evidence, and any other evidence, is sufficient to justify the grant of a certificate 'on the balance of probability'. On the balance of probabilities and as there is no other evidence available to the Department which contradicts or undermines the applicant's version of events, the Department is satisfied with the maximum level of occupation of up to 13 persons within the property.
7.1 The evidence submitted, along with the information from other departments/divisions, suggest on the balance of probabilities that the land has indeed been used without the benefit of planning permission for a period in excess of ten years as described above. As such, it is recommended that a Certificate of Lawfulness of Development is granted in respect of this change in use. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Certificate of Lawful Use Approved Date : 05.11.2018 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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