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25/00240/LAW Page 1 of 3
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/00240/LAW Applicant : Ms Tina Race Proposal : Certificate of Lawfulness for use of attic bedroom as living space Site Address : Cronk Steone Rhencullen Kirk Michael Isle Of Man IM6 2HA
Principal Planning Officer: Belinda Fettis Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Certificate of Lawful Use/Devel Approved Date of Recommendation: 28.04.2025 __
Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions
C 1. There is sufficient evidence to demonstrate that the bedroom in the attic of the dwellinghouse and referred to in the information received on 05.03.2025 has been used for more than ten 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(c).
Plans/Drawings/Information;
This decision relates to supporting information received on 05.03.2025.
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Right to Appeal
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Officer’s Report
1.0 INTRODUCTION
1.1 The application seeks a Certificate of lawful development for the use of the attic as a bedroom / living space. The application seeking the Certificate of Lawfulness was submitted on 05.03.2025. This means the relevant 10 years for consideration is from 05.03.2015.
1.2 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
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25/00240/LAW Page 2 of 3
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;
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.
1.3 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.
1.4 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.
1.5 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 Authority to corroborate the applicant's evidence.
2.0 THE APPLICATION SITE
2.1 The application site is the curtilage of Cronk Steone, Rhencullen. The semi-detached dwellinghouse is located to the eastern side of the A3 Road north of Kirk Michael.
3.0 THE PROPOSAL
3.1 The planning application seeks approval for the Certificate of Lawful Development - change of use of the attic room for storage to a living space, bedroom.
3.2 The applicants have stated that when the purchased the property in 1991 it was advertised as being a 3 bedroom property, the third bedroom being in the attic space. The original dormer is said to have been granted permission in 1972 for storage use. Between purchasing the property in 1991 and to date the attic room has been in continuous use as a bedroom / living space. A query regarding the legality of the use only arose whilst advertising the property for sale in 2024; query raised by purchases solicitor.
4.0 PLANNING HISTORY
4.1 Other planning history exists however these are the most relevant to this application.
o 22/00985/B - replacement and extension of flat roof dormer to rear elevation. Permitted. o 32544 - two new dormer windows to form a storeroom. Permitted.
5.0 REPRESENTATIONS
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25/00240/LAW Page 3 of 3
5.1 Because this is an assessment of legality, consultations are not required.
5.2 However the DOI Highways have commented that they have no interest in the application (07/03/2025).
6.0 ASSESSMENT / SUMMARY OF EVIDENCE PROVIDED 6.1 In terms of whether the attic room has been in use for more than 10 years from the date of submission the Department considers that it has. The evidence supplied by the applicants comprises of the following.
a) A written statement by the applicant. b) The House Buyers report in 1991 when they purchased the property stating 3 bedrooms. c) The estate agents' sales details in which it is stated that the top floor is the third bedroom with dormer and storage cupboard. d) A copy of the decision document in 1972 in which it states that the room should be for storage only. e) Dated photographs showing the room being used for 'living'. f) Solicitors letter of conveyance 1991.
7.0 CONCLUSION
7.1 On the balance of probabilities, the evidence sufficiently demonstrates that the top room in the dwellinghouse, the attic, has been in use for more than 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) and it is recommended that a Certificate of Lawful Development is granted.
8.0 RECOMMENDATION
8.1 It is recommended that the application for a Certificate of Lawfulness is agreed.
9.0 INTERESTED PARTY STATUS
9.1 As the application is for a CLU this is assessment is not applicable.
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I can confirm that this decision has been made by the Head of Development Management 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 : 28.04.2025
Determining Officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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