25 June 2020 · Head of Development Management (Stephen Butler)
Cronk Ny Shee, Cordeman Road, St. Marks, Ballasalla, Isle Of Man, IM9 3aj
The application sought confirmation that three existing modern outbuildings, finished in timber boarding and sheeting with a dull grey colour, located north of the dwelling at Cronk-Ny-Shee, have been lawfully used since 2001 as a garage, machinery store, storage facility, and private joinery workshop associated with t…
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The purpose of a Certificate of Lawfulness of Use is to demonstrate the use has been in operation for at least ten years, rendering it immune from enforcement notice.
Environment Policy 1
Policy presumes against development in area designated 'not for a particular purpose' on Area Plan for the South. Officer noted this but stated merits not at issue for lawful use certificate.
General Policy 3
Supports presumption against development in designated areas. Noted by officer but irrelevant to lawful use determination.
Environment Policy 16
Permits conversion of outbuildings to alternative uses including industrial if of historic, social or architectural interest, which these modern buildings lack. Merits not assessed for certificate.
Evidence of lawful use
There is sufficient evidence to demonstrate that the use of the buildings shown in drawings 10, 11 and 12 have been used for garaging and storage in association with the construction business of occupant of the principal residence on the site, in addition to their use as a workshop incidental to the residential use of the site, for a period of ten years and as such, the Department may not issue an enforcement notice due to the provisions of Town and Country Planning Act 1999 Schedule 4 Part 1 paragraph 3(c).
verified during site visits since 2001 that outbuildings used as garaging, machinery storage, building material storage and private joinery workshop
outbuilding not used for agricultural purposes since 2001 purchase; used as garage, machinery shed, storage and workshop
continuous use since 2001 ownership as garage, machinery shed, workshop and storage integral to building company; workshop mainly ancillary to residential use
Malew Parish Commissioners have no objections to the application for a certificate of Lawful Use of existing outbuildings.
Malew Parish Commissioners
No ObjectionI can confirm that Malew Parish Commissioners have no objections to the following planning applications.; 20/00443/LAW Outbuildings at Cronk-ny-Shee, Cordeman Road Application for certificate of Lawful Use of existing outbuildings.