Department of Environment, Food and Agriculture

Rheynn Chymmyltaght, Bee as Eirinys

Isle of Man Government Multiple Occupancy (HMO) 18/00670/LAW

Please reply to the signatory and quote our reference on all correspondence. Our Ref: 18/00670/LAW Your Ref:

Robin Callin 18 King Edward Close Onchan IM3 2AF

Dear Mr Callin

Tel: (01624) 685950 Fax: (01624) 686443 Email: [email protected] E J Callow Secretary to the Planning Committee

6th November 2018

PA No: 18/00670/LAW Proposal: Application to make lawful the use of the property as a House in Multiple Occupancy (HMO) Address: 9 Clifton Terrace Douglas Isle of Man IM2 3HX Applicant: Mark Higgins

In consideration of the evidence provided in support of the abovementioned application, the Department has determined to issue a Certificate of Lawfulness, herewith enclosed.

There is no appeal against the issue of this certificate, however should later contradictory evidence be established the Department retains powers to revoke its issue, in accordance with section 24(5) of the Town and Country Planning Act 1999,.

Should you have any queries relative to the content of this certificate please contact this Department at your earliest convenience.

Yours sincerely

Mrs P Faragher Assistant Head of Technical and Customer Support

Department of Environment, Food and Agriculture, Planning and Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Tel 685950 email [email protected]

TOWN AND COUNTRY PLANNING ACT 1999 CERTIFICATE OF LAWFUL USE OR DEVELOPMENT

The Department of Environment, Food and Agriculture hereby certifies that on the 2nd July 2018, the use described in Schedule 1 to this certificate in respect of the land specified in Schedule 2 to this certificate and edged RED on the plan attached to this certificate, was lawful within the meaning of section 24 of the Town and Country Planning Act 1999 for the following reason:

1. 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 occupancy for a period in excess of ten years.

This decision was made by the Head of Development Management under the Government Departments Act 1987.

Schedule 1. Uses to which this certificate relates

The use of the property as a house in multiple occupation for a maxim of 13 persons.

Schedule 2. The Land to which the Notice relates

9 Clifton Terrace Douglas Isle of Man IM2 3HX Date 6th November 2018 Signed on behalf of the Department of Environment Food and Agriculture

Miss J Chance MRTPI Director of Planning and Building Control

Notes

1. This certificate is issued solely for the purpose of section 24 of the Town and Country Planning Act 1999.

2. It certifies that the use specified in Schedule 1 taking place on the land described in Schedule 2 was lawful, on the specified date and, thus, was not liable to enforcement action under section 26 of the 1999 Act on that date.

3. This certificate applies only to the extent of the use described in Schedule 1 and to the land specified in Schedule 2 and identified on the attached plan. Any use which is materially different from that described or which relates to other land may render the owner or occupier liable to enforcement action.

4. The effect of the certificate is also qualified by the proviso in section 24(3) of the 1999 Act, which states that the lawfulness of a described use or operation is only conclusively presumed where there has been no material change, before the use is instituted or the operations begun, in any of the matters relevant to determining such lawfulness.

Department of Environment, Food and Agriculture, Planning and Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Tel 685950 email [email protected]

9 Clifton Terrace Douglas