Certificate of Lawful Use by Onchan District Commissioners for green waste recycling.

Centenary Park, Hillberry Road, Onchan, Isle Of Man, IM3 3td

Received22 May 2024

Validated29 May 2024

Decided30 Aug 2024

3 months

Received22 May 2024

Validated29 May 2024

Decided30 Aug 2024

3 months

Why was this refused?

Insufficient precise evidence of continuous green waste recycling use
Inconsistent aerial imagery showing varying activity and materials
Failure to meet 10-year immunity test under Town and Country Planning Act 1999
Burden of proof not discharged by applicant

The application sought confirmation that part of Centenary Park (approximately 20m by 40m in the middle of the park) has been lawfully used by Onchan District Commissioners for green waste recycling from public open areas since the early 1970s, making it immune from enforcement after 10 years under the Town and Country…

Refusal Reasons

✗Based on the evidence which has been submitted as part of the application, it is not considered that, on the balance of probabilities, that it has been adequately demonstrated that the use of the application site as a green waste recycling area, 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. (Town and Country Planning Act 1999, Schedule 4, Part 1, paragraph 3 and Section 24)

Documents (15)

Officer Report Location Plan Application Form

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Decision & Reasoning

Refused30 August 2024

The principal test for a Certificate of Lawfulness is whether, on the balance of probabilities, the breach of planning control (change of use to green waste recycling) has occurred continuously for ov…

Source & Provenance

Official reference: 24/00507/LAW
Source authority: Isle of Man Government Planning & Building Control
Source system: Legacy IDOX planning platform
Official record URL: No stable public per-record URL
First indexed: 14 Sept 2025, 22:29
Last synced: 2 Mar 2026, 12:24
Licence: Isle of Man Open Government Licence

Why was this refused?

Insufficient precise evidence of continuous green waste recycling use

Inconsistent aerial imagery showing varying activity and materials

Failure to meet 10-year immunity test under Town and Country Planning Act 1999

Burden of proof not discharged by applicant

Refusal Reasons

✗Based on the evidence which has been submitted as part of the application, it is not considered that, on the balance of probabilities, that it has been adequately demonstrated that the use of the application site as a green waste recycling area, 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. (Town and Country Planning Act 1999, Schedule 4, Part 1, paragraph 3 and Section 24)