17 October 2024 · Delegated - Principal Planner (Jason Singleton)
16, Castlemona Avenue, Douglas, Isle Of Man, IM2 4eh
The property at 16 Castlemona Avenue is a four-storey end-terrace building with a basement in Douglas. The applicant sought a Certificate of Lawful Use to confirm its operation as an HMO accommodating up to 12 persons across 12 rooms on the upper three floors, with the ground floor and basement as a separate self-conta…
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The application is a Certificate of Lawful Use, assessed solely on factual evidence of continuous use as an HMO for over 10 years under Schedule 4, Part 1, paragraph 3(c) of the Town and Country Plann…
Evidence of lawful use
There is sufficient evidence to demonstrate that 16 Castlemona Avenue, Douglas, 1st, 2nd and 3rd floors have been used as a HMO of 12 rooms for up to 12 persons on the first, second and third floor with the ground floor and basement being a self-contained 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).
