19/00707/LAWRefused

14 November 2019 · Head of Development Management (Stephen Butler)

Application for certificate of lawfulness for use of land as residential garden

Conister, Main Road, Santon, Isle Of Man, IM4 1jb

Received21 Jun 2019

Validated9 Jul 2019

Decided14 Nov 2019

5 months

Received21 Jun 2019

Validated9 Jul 2019

Decided14 Nov 2019

5 months

Why was this refused?

Insufficient evidence of continuous 10-year use as residential garden
Aerial photos show infrequent leisure items but not consistent garden character
Field retains paddock/field appearance with overgrown rear and no clear access
Burden of proof not met on balance of probabilities
Prior planning apps included land in boundary but did not confirm use

The application sought a Certificate of Lawfulness under the Town and Country Planning Act 1999 to establish that a paddock/field to the rear of the dwelling at Conister, Main Road, Santon, Isle of Man (IM4 1JB) has been used continuously as residential garden curtilage for more than 10 years, making it immune from enf…

Refusal Reasons

✗Based on the evidence which has been submitted as part of the application, it is considered that on the balance of reasonableness it has not been adequately demonstrated that the use of the parcel of land being used for a residential garden, for a period of time in excess of 10 years. As such it is recommended that the application be refused and a Certificate of Lawful Development not be issued.
✗The information provided is not sufficient to demonstrate a material change of use to a residential garden has occurred.

Documents (8)

Officer Report Application Form

📋

DEC Officer Report

21 Jun 193pp

📄

DEC Certificate of Lawfulness Decline Letters

21 Jun 195pp

📄

CON Consultation 1 Santon Commissioners

21 Jun 191pp

📄

CON Highways Nhi

21 Jun 191pp

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Decision & Reasoning

Refused14 November 2019

The principal test for a Certificate of Lawful Use is whether, on the balance of probabilities, the breach of planning control (change of use to residential garden) has occurred continuously for 10 ye…

Public Comments (2)

SupportHighway Services(statutory consultee)

No Highways Interest in this application (22.07.2019)

SupportSanton Commissioners(parish)

have considered the proposal and have no objection (09.08.19)

Consultation Responses

Santon Commissioners and DOI Highways Division both raised no objection to the application for a certificate of lawfulness for use of land as residential garden.

Santon Commissioners

No Objection

19/00707/LAW: Conister, Main Rd: App for cert. of lawfulness for use of land as residential garden. *No objection*

Department of Infrastructure (DOI) Highways Division

No Objection

No Highways Interest; NHI on 22 July 19

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People

Vanessa Porter

Case Officer

Ellis Brown (Charles D. Park RIBA RIAS)

Agent

Key Information

Reference: 19/00707/LAW
Decision: Refused
Date: 14 November 2019
Parish: Santon
Property: 🏡 Detached
Year: 2019
Type: Certificate of Lawful Development
Category: Other
Scale: minor

Property Details

Property Type: dwelling
Proposal Type: other
Context: rural

Sale History

£285,000

Jun 2019

Property Planning History (11)

25/91021/REMApproved2025

Submission of details of siting, design, exterior appearance, interior layout, means of access and landscaping for erection of four detached dwellings and associated access in relation to approval in principle 20/01507/A

AP21/0041Approved2021

Two part appeal against 1) the Approval in principle for four detached dwellings and associated access and 2) condition 3 of the approval as issued.

20/01507/AApproved2021

Approval in principle for four detached dwellings and associated access

19/00707/LAWOther2019Viewing

Application for certificate of lawfulness for use of land as residential garden

19/00841/BApproved2019

Alterations, erection of ground floor extension, creation of a first floor to property with associated terrace / balcony and extension of existing driveway area

09/01780/BApproved2009

Alterations and erection of a replacement conservatory (comprising amendments to PA 06/01115/B)

06/01115/BApproved2006

Erection of a replacement conservatory with linked pitched roof over existing kitchen extension, to rear elevation

97/01821/BRefused1998

Alterations and extension to dwelling, Conister, Main Road, Santon.

94/01748/BApproved1995

Construction of storm porch, Conister, Main Road, Santon.

94/00418/BApproved1994

Construction of conservatory, Conister, Santon.

Why was this refused?

Insufficient evidence of continuous 10-year use as residential garden

Aerial photos show infrequent leisure items but not consistent garden character

Field retains paddock/field appearance with overgrown rear and no clear access

Burden of proof not met on balance of probabilities

Prior planning apps included land in boundary but did not confirm use

Refusal Reasons

✗Based on the evidence which has been submitted as part of the application, it is considered that on the balance of reasonableness it has not been adequately demonstrated that the use of the parcel of land being used for a residential garden, for a period of time in excess of 10 years. As such it is recommended that the application be refused and a Certificate of Lawful Development not be issued.
✗The information provided is not sufficient to demonstrate a material change of use to a residential garden has occurred.

Consultation Responses

Santon Commissioners and DOI Highways Division both raised no objection to the application for a certificate of lawfulness for use of land as residential garden.

Santon Commissioners

No Objection

19/00707/LAW: Conister, Main Rd: App for cert. of lawfulness for use of land as residential garden. *No objection*

Department of Infrastructure (DOI) Highways Division

No Objection

No Highways Interest; NHI on 22 July 19