**Document:** APL Statement **Application:** 23/01415/L — Certificate of Lawful Use for the storage of materials and vehicles in association with a construction company **Decision:** Certificate of Lawful Use/Devel Approved **Decision Date:** 2024-01-30 **Parish:** Lezayre **Document Type:** report / planning_statement **Source:** https://planningportal.im/a/31712-regaby-shed-and-yard/documents/1055849 --- # APL Statement PLANNING STATEMENT IN SUPPORT OF AN APPLICATION FOR A CERTIFICATE OF LAWFUL USE IN RESPECT OF AN EXISTING UNIT AND SURROUNDING AREA WITHIN ARDONAN NURSERIES FOR PURPOSES OF STORAGE OF MATERIALS AND VEHICLES IN ASSOCIATION WITH A CONSTRUCTION COMPANY, ARDONAN LANE, REGABY, ANDREAS IM7 3HN ![A photograph showing a long, white-washed outbuilding with a large open wooden door and a white work van parked outside.](https://images.planningportal.im/2024/01/234843.jpg) - 1.0 Introduction - 1.1 EG Services have operated at their present site within Ardonan Nurseries for a period in excess of 12 years. During this time they have leased a unit (a former cow house) for the storage of their materials and also the surrounding area for parking of their vehicles from the owner of the nurseries who, prior to EG Services being there, used this area for their horticultural business, delivering flowers and vegetables including the use of vans, large rigid HGVs, tractors and articulated vehicles. - 1.2 EG Services are a local construction company who undertake all types of building projects and lease out machinery and plant and have associated materials and vehicles which are all stored at the Ardonan site and have been since 2011. The vehicles that stay at Ardonan are the applicant’s plant when it is not on site (which isn’t very often) and two lorries: besides small tools etc all the other vehicles are taken home by staff. It’s very rare that anything is delivered there except parts for the vans when needed or tyres etc. and fuel (see attached invoice). Generally the company picks up whatever is needed in the morning and don't return until close of business at around 1700hrs. - 1.3 Ardonan Nurseries is an established agricultural facility which comprises polytunnels, a house and a range of agricultural buildings. It is separate from Ardonan Farmhouse which lies to the east, accessed from a different section of Ardonan Lane and which has been the subject of applications for redevelopment and new uses (tourist accommodation) (19/00875/B, 14/01308/B). Ardonan Nurseries by contrast has only been the subject of applications for agricultural buildings and poly tunnels (86/01379/B, 97/00284/B and 18/00157/B) both of which were permitted. The last application refers to existing stone buildings which are not suitable for agricultural use due to their poor access and ventilation and the planning officer who visited the site for this application notes that there was a large agricultural building and “the outbuildings that adjoined this building appear to be currently used as workshops and storage with one housing two antique tractors that were being restored”. He goes on to note that “1.3 A significant amount of the land surrounding the individual outbuildings and polytunnels was being used for storage of vehicles, scrap or reclaimed materials and machinery”. - 2.0 Evidence of the use of the site by the applicant - 2.1 We have studied aerial photographs of the site but due to the scale of the images and the nature of the proposal, it has not been possible to provide visual evidence of the ongoing use of this site from these. - 2.2 The applicant has provided the following evidence to demonstrate how long they have been operating at this site: - • written e-mail confirmation from the owner of the site that they have been leasing the site from him for at least 12 years. - • letter from residents of the lane serving the site, at “Fairy Oak” confirming that EG Services have been based at Ardonan Nurseries since 2011 - • letter from the owners of “Ardonan Cottage” confirming that since they have lived at their property (2013) they have had no issues with EG Services using the lane, adding that they rent a polytunnel at the wider nurseries site - • a copy of the lease agreement prepared and signed in 2011 for use of the cow house - • invoices for fuel delivered to the premises from 2016 (the applicant changed the company name in 2016 and only have invoices from that point on from Ellen Vannin Fuels) and for items ordered and to be delivered to the site in 2013 and 2014. - 3.0 Conclusion - 3.1 The Town and Country Planning Act 1999 states at Schedule 4(3c) that no enforcement notice may be issued 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. - 3.2 EG Services have been using this site since 2011 and whilst the information provided is limited, we hope that this demonstrates that they have been using this site for a sufficient time to enable a Certificate of Lawfulness to be granted in this respect. - 3.3 If this evidence is not considered sufficient, we would be grateful if we could be advised so that we will attempt to seek additional evidence as recommended by the Department. Sarah Corlett 01.12.23 --- *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/31712-regaby-shed-and-yard/documents/1055849*