Town And Country Planning Act 1999 Certificate Of Lawful Use Or Development
The Department of Environment, Food and Agriculture hereby certifies that on the 2nd November 2023, the use described in Schedule 1 to this certificate in respect of the land specified in Schedule 2 to this certificate and edged RED on the plan attached to this certificate, would have been lawful within the meaning of section 24 of the Town and Country Planning Act 1999 for the following reason(s):
1) 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).
Schedule 1. Uses/Development to which this Certificate relates
The use of seven flats as residential accommodation as follows; 1 bedroomed ground floor flat
1 bedroomed first floor flat (named Holiday Flat 2 on Drawing No. 519 dated received 30th October 2023)
2 bedroomed first floor flat (named Holiday Flat 1 on Drawing No. 519 dated received 30th October 2023)
1 bedroomed second floor flat (named Holiday Flat 4 on Drawing No. 519 dated received 30th October 2023)
2 bedroomed second floor flat (named Holiday Flat 3 on Drawing No. 519 dated received 30th October 2023)
1 bedroomed third floor flat (named Holiday Flat 6 on Drawing No. 519 dated received 30th October 2023)
2 bedroomed third floor flat (named Holiday Flat 5 on Drawing No. 519 dated received 30th October 2023)
Schedule 2. The land to which the Certificate relates
Glen Eagles Promenade Port Erin Isle Of Man IM9 6LE
Date 11th April 2024
This decision was made by the Acting Head of Development Management under the delegated authority afforded by Government Departments Act 1987.
A MORGAN
A Morgan MRTPI Acting Head of Development Management
Notes
1. This certificate is issued solely for the purpose of section 24 of the Town and Country Planning Act 1999.
2. It certifies that the use specified in Schedule 1 taking place on the land described in Schedule 2 would have been lawful, on the specified date and, thus, would not have been liable to enforcement action under section 26 of the 1999 Act on that date.
3. This certificate applies only to the extent of the use described in Schedule 1 and to the land specified in Schedule 2 and identified on the attached plan. Any use which is materially different from that described or which relates to other land may render the owner or occupier liable to enforcement action.
4. The effect of the certificate is also qualified by the proviso in section 24(3) of the 1999 Act, which states that the lawfulness of a described use or operation is only conclusively presumed where there has been no material change, before the use is instituted or the operations begun, in any of the matters relevant to determining such lawfulness.
IOM Government
A site location plan highlighting the property 'Gleneagles' in red, showing its position relative to neighboring buildings and the coastal promenade.
