187823

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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] Reference: 20/01076/LAW

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

The Department of Environment, Food and Agriculture hereby certifies that on the 29th September 2020, matter 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, would have been lawful within the meaning of section 24 of the Town and Country Planning Act 1999 for the following reason(s):

There is sufficient evidence to demonstrate that the front door and window shown in the submitted information has been in situ since at least 2010. Schedule 1. Uses/Development to which this Certificate relates

On the balance of probabilities, the evidence sufficiently demonstrates that the window / door and roof alteration to rear outlet have been in situ for more than 4 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(a).

Schedule 2. The land to which the Certificate relates

33 Marathon Avenue Douglas Isle Of Man IM2 4JB

Date 9th November 2020

This decision was made by a Principal Planner under the delegated authority afforded by Government Departments Act 1987.

C Balmer MRTPI Principal Planner

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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] 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 matter specified in Schedule 1 taking place on the land described in Schedule 2 would have been lawful, on the specified date and, thus, would not have been liable to enforcement action under section 26 of the 1999 Act on that date.
3. This certificate applies only to the extent of the matter described in Schedule 1 and to the land specified in Schedule 2 and identified on the attached plan. Any matter 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.

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DRIVE Cushag 35 11 25 31 23 15 33 16 30 Bay View Mona Veen 45.1m MARATHON 21 23 DEFA Planning & BC Department Division/Office Case Reference Date DEFA 20/01076/LAW Isle of Man Government 09/11/2020 Reproduced from the IoM Survey map with permission of the Department of Infrastructure © Crown Copyright 2015. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. Scalebar: 0 10 20 5 Metres Scale: 1:500