31 July 2007
Greenfields, Balnahowe, Santon, Isle Of Man, IM4 1hn
The proposal sought a Certificate of Lawful Use under section 24 of the Town and Country Planning Act 1999 to confirm that the agricultural occupancy condition on Greenfields, a dwelling at Balnahowe Farm, Santon, had been breached for over 10 years, allowing unrestricted private residential use.
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The key issue was whether sufficient evidence demonstrated continuous non-compliance with the agricultural workers occupancy condition for over 10 years, as required by section 24 of the Town and Coun…
Town and Country Planning Act 1999 section 24
Section 24 requires sufficient evidence that the use is immune from enforcement due to passage of time (10 years for occupancy breaches). Officer assessed submitted affidavits and rate demands against this test; rates confirming agricultural status meant evidence failed to prove continuous private residential use without agricultural tie.
Do not oppose
I have no objection to the application.
Two responses specifically for 07/00884/LAW: Highways Division has no objection; Andrew Jessopp has no objection; SPMC&E raises a potential concern but does not formally object.
Key concern: Occupancy condition may still be complied with by widow Mrs. Moore as a dependant
Highways Division of the Department of Transport
No ObjectionThe Highways Division of the Department of Transport has no views on this application. The application having been considered, the response is: Do not oppose
Andrew Jessopp
No ObjectionI have no objection to the application.
Society for the Preservation of the Manx Countryside & Environment
No CommentWhilst on first appearance, this seems a watertight case; Mrs. Moore is surely, as a widow, a dependant of the beneficiary of this condition and therefore complies with it?
