17 October 2024 · Delegated - Principal Planner (Jason Singleton)
Restaurant, Ainsdale, 2, Empire Terrace, Douglas, Isle Of Man, IM2 4le
The application sought confirmation that the first, second, and third floors of Ainsdale have been lawfully used as a House in Multiple Occupation (HMO) with 15 rooms accommodating up to 16 people, plus a separate two-bedroom ground floor flat, for over 10 years, making it immune from enforcement.
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The application is a Certificate of Lawful Use, requiring determination on factual evidence rather than planning merits, using the 'balance of probabilities' test per Section 24 of the Town and Countr…
Evidence sufficiency
There is sufficient evidence to demonstrate that Ainsdale, 2 Empire Terrace, Douglas has been used as a HMO of 15 rooms for up to 16 people, not including the ground floor flat, for a period exceeding 10 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).
