Certificate of Lawful Use for existing residential apartments

Gleneagles, Promenade, Port Erin, Isle Of Man, IM9 6le

Received30 Oct 2023

Validated2 Nov 2023

Decided11 Apr 2024

5 months

Received30 Oct 2023

Validated2 Nov 2023

Decided11 Apr 2024

5 months

Why was this approved?

Continuous residential use exceeding 10 years
Sufficiency of evidence on balance of probabilities
Tenancy agreements, electrical certificates, insurance, tax returns
Immunity from enforcement under TCP Act 1999 Schedule 4
No contradictory evidence from authority

The application sought a Certificate of Lawful Use confirming that Glen Eagles, a 4-storey mid-terrace property, has been lawfully used as seven residential flats (one 1-bed ground floor flat, and combinations of 1-bed and 2-bed flats on upper floors) without requiring planning permission due to the passage of time.

Documents (41)

Officer Report Decision Notice Location Plan Application Form

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Decision & Reasoning

Approved11 April 2024

The application was determined on the basis of fact under section 24 of the Town and Country Planning Act 1999, testing whether the change of use to residential flats occurred continuously for over 10…

Conditions (1)

1
Evidence of 10-year use
There is sufficient evidence to demonstrate that the property known as "Gleneagles" has been used as seven residential flats for a period exceeding 10 years and as such, the Department may not issue an enforcement notice due to the provisions of the Town and Country Planning Act 1999, Schedule 4, Part 1, paragraph 3(a).

Why was this approved?

Continuous residential use exceeding 10 years

Sufficiency of evidence on balance of probabilities

Tenancy agreements, electrical certificates, insurance, tax returns

Immunity from enforcement under TCP Act 1999 Schedule 4

No contradictory evidence from authority

Conditions (1)

Evidence of 10-year use

There is sufficient evidence to demonstrate that the property known as "Gleneagles" has been used as seven residential flats for a period exceeding 10 years and as such, the Department may not issue an enforcement notice due to the provisions of the Town and Country Planning Act 1999, Schedule 4, Part 1, paragraph 3(a).