187069

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                                      20/00443/LAW                                     Page  1  of  3

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 20/00443/LAW Applicant : Mr Colin & Mrs Susan Mowle Proposal : Application for certificate of Lawful Use of existing outbuildings as garage, machinery store, storage building and private joinery workshop Site Address : Cronk-Ny-Shee Cordeman Road St Marks Ballasalla Isle Of Man IM9 3AJ

Principal Planner: Miss S E Corlett Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 22.06.2020 __

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. 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).

Plans/Drawings/Information; This approval relates to submitted drawings 10, 11 and 12, all received on 29th April, 2020. __

Interested Person Status - Additional Persons

None __

Officer’s Report

THE SITE 1.1 The site is the footprint of outbuildings which sit within a site which surrounds the buildings and which also accommodates a dwelling and the associated vehicular parking. All are accessed from a long, relatively straight lane which leads west from Cordeman Road which in turn leads south to join the Bayrauyr (B30).

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1.2 The application buildings sit to the north of the dwelling and has a separate entrance at the end of the private access lane. They are more modern buildings than the residential buildings alongside which are converted stone buildings: the buildings are finished in timber boarding and sheeting all with a dull grey overall colour. They also sit slightly higher than the residential buildings.

1.3 All of the buildings on the site are served by the same connection as the dwelling.

THE APPLICATION 2.1 The application seeks a Certificate of Lawful Use for the use of the modern outbuildings for purposes of joinery workshop machinery store, garage and storage facility. The application states that these buildings have been used for these purposes since 2001 before which they were used for agricultural purposes. The operations are associated with the applicants' private building company since its incorporation in 2004.

2.2 The evidence provided is the statement by the applicant's agents Kelly Lewthwaite who advise that during their time providing services to the applicants, including visits to the site, the building was used for the purposes stated, a letter from a neighbour who advises that the outbuildings in question have not been used for agricultural purposes and since 2001 the building has been used as a garage, machinery shed, for storage and as a workshop. Evidence also includes an invoice for electrical works carried out there, referring to the building as a "new joiners workshop" and dated 31.10.07. An invoice is also provided from 10.09.07 from Ronaldsway Aircraft Company for various pieces of plant equipment but there is no address where these items were destined: the only relevant reference is the applicants' company name. Finally an invoice is also provided from boost phase converters for items although these are to be delivered to the applicant at a West Yorkshire address. Various photographs are provided of building projects undertaken by the applicants' company with annotated dates underneath (not on the photographs) dating back to 2004.

2.3 The applicant has provided additional evidence in the form of:

Photograph taken on 2nd November 2005 and which clearly shows a digger parked inside the barn. Photograph 1 taken on 12th October 2003 which shows building materials and cement mixer inside the building. Photograph 2 taken on 7th November 2005 which shows scaffolding, pallets and other building materials stored outside the barn Photograph 3 taken on 7th November 2005 which shows a steel storage container, which is still in the applicants possession, which is used on clients sites to store materials, along with other building materials outside the barn Letters from two local companies and two individuals who sub-contracted to and worked for the applicant's business, all confirming that since 2004 the buildings have been used for a workshop, storage, garage and machinery store.

2.4 The applicant has confirmed by way of e-mail dated 19.06.20 that the workshop element is mainly used as ancillary to the use of the site for residential purposes with occasional use in conjunction with his building business. The storage an garaging elements are, however, exclusively in conjunction with his building business.

PLANNING POLICY 3.1 Whilst the merits of the application are not at issue, it should be noted that the site lies within an area designated on the Area Plan for the South as not for a particular purpose and as such, there is a presumption against development as set out in Environment Policy 1 and General Policy 3 although there are provisions for the conversions of outbuildings to alternative uses including industrial under Environment Policy 16. This requires that such buildings are only eligible where, inter alia, they are of historic, social or architectural interest which these would not be considered to be.

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PLANNING HISTORY 4.1 The site has been the subject of various planning applications for the creation of the dwelling, a wind turbine and alterations to the access. None of the previous applications refer to the outbuildings at all and the overall site is referred to consistently as residential. There is a current application for the replacement of one of the buildings which is the subject of this application, for something smaller but for the same purpose (20/00210/B).

REPRESENTATIONS 5.1 There are no representations at the time of writing.

ASSESSMENT 6.1 The purpose of an application for a Certificate of Lawfulness of Use is to demonstrate that development has been in operation for at least ten years to render it immune from the service of an Enforcement Notice.

6.2 The initial effective evidence is limited to statements from the agent, the neighbour and the provider of electrical installations at the new workshop. Nothing was provided to demonstrate without doubt that the other uses - the garage, store and machinery shed - have been carried out for this time, other than the statement by the neighbour that the buildings have been used for these purposes. The aerial photographs from 2012 and 2009 do not show any outside storage of items which would give a clue to the use of the inside of the buildings and the Streetview function of Google does not extend to the site.

6.3 The additional information provided is more helpful: the letters are from a variety of individuals - people providing services, people who sub-contracted and those who worked for the applicant, none of whom has a vested interest in the application being approved. The photographs are also helpful although were taken at a time when building works were on-going at the site and when the stored items could well have been needed in association with that.

CONCLUSION 7.1 It is considered on the balance of probability that the buildings have been used for storage and garaging purposes associated with the applicant's building company, with the additional use as a workshop in conjunction with the use of the remainder of the site as a dwelling and associated residential curtilage and as such it is recommended that a Certificate of Lawful Development is issued in respect of these purposes. __

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 : Permitted Date : 24.06.2020

Determining officer

Signed : S BUTLER

Stephen Butler

Head of Development Management

Customer note

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