**Document:** DEC Officer Report
**Application:** 19/00899/LAW — Application for certificate of Lawful Development for the erection of an extension to an existing barn
**Decision:** Certificate of Lawful Use/Devel Approved
**Decision Date:** 2019-10-01
**Parish:** Marown
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/30048-crosby-top-road-extension-outbuilding/documents/1052352

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# DEC Officer Report

**Application No.:** 19/00899/LAW
**Applicant:** Mr John Kissack
**Proposal:** Application for certificate of Lawful Development for the erection of an extension to an existing barn
**Site Address:** Glenview Top Road Crosby Isle Of Man IM4 4HL Principal Planner: Miss S E Corlett
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Certificate of Lawful Use/Devel Approved
**Date of Recommendation:** 24.09.2019 _________________________________________________________________

## Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. There is sufficient evidence to demonstrate that the extension to the stable shown in the submitted information has been in situ since at least 2012.

Plans/Drawings/Information; This approval relates to the information received on 12th August, 2019. _______________________________________________________________

## Interested Person Status

Additional Persons _____________________________________________________________________________ Officer’s Report THE SITE

1.1 The site is a small part of a larger area of land which sits at the north eastern side of the Glen Vine Road and to the south of the A23 Top Road which links Crosby with The Strang. The larger site includes a dwelling, stables and a manege with associated lighting. - 1.2 The red line defines a particular building which sits on the western side of the building group, opposite and beside existing stables. This building was originally a stable with dimensions of 11m by 2.6m but which was extended by a further 2.4m in 2009. No planning approval was sought for this as the owner presumed it was Permitted Development. THE PROPOSAL

2.1 A certificate of lawfulness is sought in respect of this small extension. The applicant has provided a quotation for the work, dated 04.08.09, an invoice dated 01.09.09 and aerial photograph dated 2012 which shows the extension in situ. This has been confirmed as accurate, the 2009 aerial photograph showing no such annex. The building appears currently as a single building without any visual clue that it has been extended at any time. PLANNING POLICY - 3.1 Whilst it is likely that the proposal would accord with current planning policy, it is only relevant to consider whether the structure has been there for a period which would prevent the Department from issuing an enforcement notice, this period being 4 years as set out in Schedule 4, Section 3a of the Town and Country Planning Act 1999. PLANNING HISTORY - 4.1 Various applications have been submitted for development here, mainly equestrian related development and many applications having been submitted and approved since the erection of the extension in 2009. REPRESENTATIONS - 5.1 Neither Marown Commissioners nor Highway Services raise any objection to the application (22.08 and 23.08.19). ASSESSMENT - 6.1 The aerial photograph clearly shows the extension in situ in 2012 which is sufficient evidence to demonstrate that the annex has been in existence for a period in excess of 4 years. CONCLUSION - 7.1 A Certificate of Lawfulness should be granted. _____________________________________________________________________

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.

Decision Made : Certificate of Lawful Use/Devel Approved Date : 01.10.2019 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

## Customer note

## This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/30048-crosby-top-road-extension-outbuilding/documents/1052352*