Application for a Certificate of Lawful Use or Development

Please complete in BLOCK CAPITALS and in black ink.

The person here below named as the applicant is responsible for payment of the appropriate fee.

All relevant questions on this form must be answered.

| | For office use only | | --- | --- | | Date: | 13/12/15 | | Receipt number: | 573855 | | 19011507857 | |

1. a) Full name of Applicant

David Heathcote & Serena Heathcote

b) Address of Applicant

1 Meadowside Sandbach, CW11 2WS

Telephone number

Home 07393975685 Work 07393305068

Applicant E-Mail Address

[email protected]

Site Address. A plan must accompany this application to identify the land. The land should be outlined in red.

Bollindene Tennis Road Douglas IM2 3LN

1 3 ECC 2018

2. a) Full name of Agent

N/a

b) Address of Agent

N/a

Telephone number

N/a

Agent E-Mail Address

N/a

3. Name and address of owner of site if different from the applicant.

Applicant

4. Please provide the name and address of any other person known to have an interest in the land and indicate whether any such other person has been notified of the application.

None

5. What is the Applicant's interest in the site? (e.g. owner, potential purchaser etc.)

Owner

6. Under which of the following paragraphs of Section 24(1) of the 1999 Act is this application made?

a) To make lawful the existing use of the buildings or land?

Yes ☑ No ☐

If yes, please state the date the use started.

Jun 2008

And name the use class applicable now.

Conservatory 3.9m x3.6n

b) To make lawful a proposed use of the buildings or land?

Yes ☐ No ☑

If yes, please state the current or last know use of the land.

And the name of any use class applicable to the proposed use.

Continue overleaf

Form LAW1.5(j) Form LAW1.5(j)

6. c) To make lawful operations which have been carried out in, on, over or under the land?

If yes, please state the date the operations started, or, in the case of operations carried out without planning approval, the date on which they were substantially completed. d) To make lawful operations proposed to be carried out in, on, over or under the land? e) To make lawful a failure to comply with any condition subject to which planning approval was granted? If yes, please state the date on which the matter constituting the failure occurred and quote the planning application number, or sufficient detail in order for it to be identified. 7. On a separate sheet please provide your reasons, if any, for considering the use, operations or other matter described in this application as lawful. And state such other information that you consider relevant to this application.

The Department of Environment, Food & Agriculture is a data controller for the purposes of General Data Protection Legislation and requires the information on this form to comply with its legal obligations under the Town and Country Planning Act 1991 and subordinate The Town and Country Planning (Certificates of Lawful Use or Development) Regulations 2005. Your personal information will be held by DEFA for the purposes of processing this application and may be used to ensure compliance with the provisions of the Town & Country Planning Act and in particular Part 4 Enforcement of Control.

Some of the information you provide, such as your name, address and contact detail will be shared at our public counter, with the Local Authority and as part of the application image via our online service, in order to give notice and publicise receipt of the application. We will only keep these details for as long as we require them, and in accordance with General Data Protection Legislation.

You may withdraw your details at any time if you no longer wish us to process your application. Full details of how and why DEFA processes your personal information are contained in our P&BC Privacy Notice The Data Protection Officer can be contacted on 686781 or by email at [email protected] I/We the named applicant(s) hereby apply for a certificate of lawfulness, in respect of the matters set out above and in accordance with the information submitted herewith.

Signature of Applicant Date 11th December 2019

I herewith enclose:

• a plan identifying the land to which the application relates; Note where the application has suggested 2 or more uses, operations or other matters, the plan which accompanies the application shall indicate to which part of the land each such use, operation or matter relates.
• such evidence verifying the information included in this form as I can provide.

It is requested that three copies of this application form and all supporting statements and plans are forwarded to the address below.

The Department may by notice in writing require the applicant to provide such further information as may be specified to assist in its consideration of the application.

On validation of the application, the Department will issue a Notice to the Local Authority and any such person as noted in answer to section 4 of this form. The Notice will invite written representation as to the content of the application. If necessary the Department will advertise this application by way of the weekly planning publication list. Under Section 24(4) of the Town and Country Planning Act 1999, any person who for the purpose of procuring a particular decision on an application for a certificate: a) knowingly or recklessly makes a statement which is false or misleading in a material particular; b) with intent to deceive, use a document which is false or misleading in a material particular; c) with intent to deceive, withholds any material information; is guilty of an offence and may be liable: a) on summary conviction to custody for a term not exceeding 6 months or to a fine not exceeding £ 10000, or both; b) on convictions on information to custody for a term not exceeding 2 years, or to a fine, or both. Please note that the Department retains powers under Section 24(5) of the 1999 Act, Section 5 of the Regulations, to revoke a certificate.

Planning and Building Control Directorate, Department of Environment, Food and Agriculture, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel: +44 1624685950 Fax: +44 1624686443 Email: [email protected]

Application for Certificate of Lawful use or Development

Bollindene Tennis Road IM2 3LN

1991397

We are applying for a Certificate of lawful use for the above property and provide the following statements in support of the application being considered:

• The building in question is a replacement conservatory to the property
• The original conservatory was passed through planning in 1990
• The original conservatory was erected in 1990
• We purchased the property in 2006.
• After purchase it quickly became evident that the conservatory had wood rot, was leaking water and creating damp due to water ingress.
• We requested quotes from several suppliers at the time and (as we have recently become aware) were incorrectly advised that as it was a replacement it would not require planning.
• The supplier we chose was "Amazing Glazing"
• Unfortunately "Amazing Glazing" ceased trading 2 years later.
• The original Conservatory was hexagonal in shape and was 3.6m x 3.5m
• The replacement was rectangular in shape and measures 3.6m x 3.9m
• We enclose the original planning for the original hexagonal conservatory.
• We enclose a site plan as requested, with the site marked in red.

You will also note from records we have requested planning on a number of occasions over the years for example windows and doors, we were genuinely unaware we need planning for the conservatory and apologise for the error.

We are currently in progress of selling our property and require the certificate to complete the purchase.

We believe there is a charge for providing the certificate but this is not evident in the application if you can advise of this cost and of any other information you require, we are more than happy to provide this.

Kind regards

[Signature]

David and Serena Heathcote.