369947

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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 25/00711/LAW Applicant : Mrs Jillian Mary Creed Proposal : Certificate of Lawful Development for erection of a dwelling Site Address : Thie Ny Chibbyr Ballakeighan Corner Castletown Isle Of Man IM9 4LA

Planning Officer: Paul Visigah Photo Taken : Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Certificate of Lawful Use/Devel Approved Date of Recommendation: 14.01.2026 __

Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions

C 1. On the balance of probabilities, the evidence demonstrates that the property known as 'Thie ny Chibbyr' has been occupied as a private dwelling by persons with no agricultural ties for a continuous period exceeding ten years. Accordingly, the development is immune from enforcement action under Schedule 4, Part 1, paragraph 3 of the Town and Country Planning Act 1999, and it is recommended that a Certificate of Lawful Use be granted.

Plans/Drawings/Information; This approval relates to the information received on 22nd July 2025 and 23rd July 2025, together with the additional documentation submitted on 24th November 2025.

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Officer’s Report

1.0 INTRODUCTION 1.1 In accordance with the provisions of Schedule 4, Part 1, paragraph 3 of the Town and Country Planning Act 1999 ("the Act"), a development carried out in breach of planning control shall become immune from enforcement action after a certain period of time, provided that formal enforcement action has not already been taken. The relevant time periods are set out below: a) in respect of a breach of planning control consisting of the carrying out without planning approval of building, engineering, mining or other operations in, on, over or under land, after the end of the period of 4 years beginning with the date on which the operations were substantially completed; b) in respect of a breach of planning control consisting of the change of use of any building to use as a single dwelling house, after the end of the period of 4 years beginning with the date of the breach;

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c) in respect of any other breach of planning control, after the end of the period of 10 years beginning with the date of the breach. 1.2 Section 24 of the Act makes provision for the submission and issuing of a Certificate of Lawfulness to establish the lawfulness of a breach of planning control. 1.3 An application for a Certificate of Lawfulness is determined on the basis of fact. Unlike an application for planning approval, it is not concerned with land-use planning considerations or the impacts of the development upon the public realm. 1.4 The principal test is whether, on the balance of probabilities, the breach of planning control has occurred continuously for the given period. The burden of proof rests with the applicant and their evidence must be both precise and unambiguous. If the Planning Authority has no evidence of its own to contradict that provided by the applicant, then provided that the applicant's evidence is sufficiently precise and unambiguous, a Certificate of Lawfulness may be issued. It is not usually necessary for the Planning Department to corroborate the applicant's evidence.

2.0 APPLICATION SITE 2.1 The application site comprises an existing dwelling known as Thie ny Chibbyr, located in proximity to Ballakeighan Corner at the junction of the A5 Castletown Bypass and the A28 Castletown Road, which provides a link between Ballakeighan Corner and Ballabeg. The property lies on the route of the Southern 100 motorcycle circuit. 2.2 Vehicular and pedestrian access is taken directly from the A28, via a short driveway leading to an integral garage, with a small forecourt providing limited turning space to the front of the dwelling. The site boundaries are defined by established hedgerows, and the rear of the property accommodates a modest garden area which adjoins open agricultural land.

3.0 THE PROPOSAL 3.1 The application seeks a Certificate of Lawful Use for use of property as an independent residence. 3.2 The application states that the property has been consistently occupied by a non- agricultural worker for a period longer than 10 years (since July 2015). The application seeking the Certificate of Lawfulness was submitted on 27 July 2025. 3.3 The applicants further state the following in their supporting statement: 1. The property known as Thie ny Chibbyr is understood to have been erected by the former Local Government Board. 2. Title Deeds (attached) confirm that the property was sold by the Board to a private purchaser in 1988. 3. The property was built under the Isle of Man Government Agricultural Workers' tied houses scheme, granted under Resolutions of Tynwald dated 6th February 1945 and 17th April 1946. 4. This scheme facilitated the erection of houses in areas where Housing Local Authorities were non-functioning, and it came into operation on 1 April 1952. 5. The property was built as an agricultural dwelling with a clause that once purchased, the property may not be sold within the first ten years without having first been offered back to the Government and also that no further dwelling would be erected by the Government under the Agricultural Workers Tied Houses Schemes on land associated with Thie ny Chibbyr."

4.0 PLANNING HISTORY 4.1 The site has not been the subject of any recent planning application.

5.0 REPRESENTATIONS 5.1 Arbory and Rushen Parish District Commissioners support the application (27 August 2025). 5.2 DOI Highways Drainage have made the following comments on the application (7 August 2025): 1. Discharge of surface water onto the public highway would contravene Section 58 of the Highway Act 1986 and section 11.3.11 of the Manual for Manx Roads.

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2. The applicant is required to demonstrate compliance with these provisions by ensuring that no surface water runoff is discharged onto the highway. 3. Accordingly, finished levels and drainage details must be provided to confirm that surface water will be appropriately managed within the site boundary.

6.0 SUMMARY OF EVIDENCE PROVIDED 6.1 The application has been submitted with the following evidence (in no order): 1. Application Form 2. Location Plan 3. Site Plan 4. Covering Letter 5. Deeds and Letters on the property (various dates). 6. Elevations and Sections 7. Email from non-agricultural Tenants covering period from 1 July 2015 to the current time, with the last starting occupancy since February 2021. These clearly state that they have not been agricultural workers.

A Planning statement which details the following: i. Historic searches and pre-application advice confirm no record of planning approval exists for the property. ii. Evidence suggests the property was erected by the former Local Government Board under the Agricultural Workers' Tied Houses Scheme, with Deeds confirming sale to a private purchaser in 1988. iii. The applicant asserts, and aerial imagery supports, that the dwelling has remained unchanged since its original construction in the 1980s. iv. A letter from the Department of Local Government and the Environment (1988) confirmed the dwelling was erected in compliance with regulations and that no enforcement action would be taken against subsequent purchasers. v. The property has been occupied continuously since handover by the Government, with documentary evidence supporting this claim. vi. Emails and supporting evidence confirm that since July 2015, the property has been occupied as a private dwelling by persons with no agricultural ties. vii. In the absence of planning approval, there are no enforceable conditions restricting occupancy to agricultural workers. viii. Based on Schedule 4 of the Town and Country Planning Act 1999: o The dwelling has existed for more than 10 years without enforcement action. o Its use as a private dwelling has continued for more than 4 years. Therefore, the development is immune from enforcement. ix. The property is rated as a private dwelling, reinforcing its established residential use.

6.2 Additional Evidence Submitted (November 2025): 6.2.1 Owner's Timeline of Tenants (dated 13/11/2025) Continuous occupation from July 2015 to present, with two short void periods explicitly noted for property refreshing: a. 25/07/2015 - 01/07/2017: Victoria Fells and then husband Christopher Fells and children occupied the property. b. Gap: July - August 2017: Property empty for cleaning and refreshing - MEA electricity bill in owner's name (£3.29). c. 31/08/2017 - 23/04/2020: Christopher Fells occupied the property. d. 25/04/2020 - 30/09/2020: Lynne Taggart (now Pemberton) and Rob Pemberton occupied the property. e. 01/10/2020 - 31/12/2020: Lindsay Rae and Jane Clements occupied the property. f. Gap: January - early February 2021: Property empty for refreshing - MEA electricity bill in owner's name (£10.81). g. 08/02/2021 - Present: Lucy Smith occupied the property (confirmed by letter and utility bills).

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6.2.2 Signed Letters from Tenants confirming dates of residence and non-agricultural employment: a. Victoria Fells (letter dated 13/11/2025): Occupied Aug 2015 to July 2017. b. Lynne & Rob Pemberton (letter dated 24/11/2025): Occupied Apr 2020 to Sept 2020. c. Lindsay Rae & Jane Clements (letter dated 29/10/2025): Occupied Oct 2020 to Dec 2020. d. Lucy Smith (letter dated 19/10/2025): Occupied Feb 2021 to present.

6.2.3 Utility Bills and Telecom Statements corroborating occupation periods: 1. Telecom Bill (Manx Telecom) for Victoria Fells - Invoice dated 26/07/2015, due 21/08/2015, amount £6.46. 2. Telecom Bill (Manx Telecom) for Victoria Fells - Invoice dated 01/09/2015, due 25/09/2015, amount £109.50. 3. Telecom Bill (Manx Telecom) for Victoria Fells - Invoice dated 01/12/2015, due 29/12/2015, amount £113.58. 4. Electricity Bill (Manx Utilities) for Victoria Fells - Reading 04/11/2015 to 03/02/2016, invoice dated 10/02/2016, amount £143.16. 5. Electricity Bill (Manx Utilities) by owner - Reading 31/07/2017 to 12/08/2017, invoice dated 13/09/2017, amount £3.29. 6. Electricity Bill (Manx Utilities) for Pemberton/Taggart - Reading 28/04/2020 to 29/07/2020, invoice dated 04/08/2020, amount £105.70. 7. Electricity Bill (Manx Utilities) for Rae/Clements - Reading 06/11/2020 to 24/12/2020, invoice dated 30/12/2020, amount £59.98. 8. Electricity Bill (Manx Utilities) by owner - Reading 24/12/2020 to 08/02/2021, invoice dated 03/03/2021, amount £10.81. 9. Electricity Bill (Manx Utilities) for Lucy Smith - Reading 03/08/2021 to 10/11/2021, invoice dated 15/11/2021, amount £408.32. 10. Gas Statement (Manx Gas) for Lucy Smith - Statement dated 02/03/2022, account balance £335.72, multiple payments Oct 2021-Feb 2022. 11. Electricity Bill (Manx Utilities) for Lucy Smith - Reading 26/04/2024 to 29/07/2024, invoice dated 01/08/2024, amount £155.93. 12. Electricity Bill (Manx Utilities) for Lucy Smith - Reading 07/05/2025 to 11/07/2025, invoice dated 14/07/2025, amount £346.53.

7.0 ASSESSMENT 7.1 The applicant seeks to establish that the land outlined in red has, since 1 July 2015, been occupied as a domestic residential dwelling without being subject to any agricultural occupancy condition originally imposed when the property was erected. The purpose of the application is to demonstrate a period of non-agricultural residential occupation of at least ten years, thereby rendering the development immune from enforcement action under Schedule 4, Part 1, paragraph 3 and Section 24(2) of the Town and Country Planning Act 1999, as set out in Section 1.0 of this report. 7.2 The evidence comprises the original application documents and additional material submitted in November 2025. This includes a detailed timeline prepared by the owner, signed letters from successive occupants confirming dates of residence and non-agricultural employment, and a series of utility bills and telecom statements spanning the claimed period. Collectively, these documents form a consistent and corroborated evidence set. The timeline demonstrates continuous occupation from July 2015 to the present, with only two short void periods, July to August 2017 and January to early February 2021, both explained as intervals for cleaning and refreshing the property. Electricity bills in the owner's name during these gaps confirm that the property remained active and maintained, rather than abandoned. 7.3 The signed letters provide clear statements of occupation and confirm that none of the occupants were employed in agriculture. These declarations are supported by independent documentary evidence in the form of utility bills and telecom accounts, which substantiate the dates of residence and demonstrate domestic use throughout the relevant period. The billing

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records cover all key phases of occupation, from the initial tenancy in 2015 through to the current occupant in 2025, and include electricity, gas, and telecom services registered to named tenants. This degree of corroboration satisfies the evidential threshold required under Section 24 of the Act. 7.4 Accordingly, based on the information available, it is considered reasonable that the property has been occupied as a domestic residential dwelling without compliance with the agricultural occupancy condition for a continuous period exceeding ten years.

8.0 CONCLUSION 8.1 The information provided is enough to establish that the change of use has exceeded 10 years and is considered immune from the issue of an enforcement notice. 8.2 It is recommended that a Certificate of Lawful Use be issued in respect of the change of use from ancillary granny flat to independent residential unit.

9.0 INTERESTED PARTY STATUS 9.1 As the application is for a CLU this is not required to be assessed. There is no right to appeal against this decision.

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I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made : Certificate of Lawful Use/Devel Approved

Date: 20.01.2026

Determining Officer

Signed : C BALMER

Chris Balmer

Principal Planner

Customer note

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