**Document:** APL Planning Statement **Application:** 24/00778/LAW — Certificate of Lawful Development for erection of a dwelling **Decision:** Certificate of Lawful Use/Devel Approved **Decision Date:** 2024-08-30 **Parish:** Michael **Document Type:** report / planning_statement **Source:** https://planningportal.im/a/32834-ballaugh-ballaugh-lodge-new-build-dwelling/documents/1069270 --- # APL Planning Statement ## Sarah Corlett ### Miss J. Callow, Secretary to the Planning Committee, Planning and Building Control Directorate, Department of Environment, Food and Agriculture, Murray House, Mount Havelock, Douglas IM1 2SF. 3rd July, 2024 Dear Miss Callow, ### Re: application for a Certificate of Lawfulness for the erection of a dwelling, to the rear of the One Stop Shop, Station Road, Ballaugh IM7 5EJ Please find attached an application for the above works. Attached are the following drawings and information: Drawing 01 Planning Statement Evidence: 1. Letter from North Barrule, Maughold dated 25th May, 2024 2. Letter from Parkfield, Douglas 3. Letter from 6, Mountain View, Ballaugh 4. Letter from 1, Ballakinnag Cottages, Ballaugh and invoice dated 2015 for the installation of a new sink unit and repositioning of washing machine at premises to the rear of the Ballaugh Shop 5. Letter from 11A, Ballacobb (former Chairman of Ballaugh Commissioners and Michael Commissioners and JP) 6. Letter from Brook Villa, Ballaugh 7. Letter from 21, Alder Road, Douglas 8. Letter from the flat above the One Stop Shop, Ballaugh 9. Letter from 2, Glebe Allin Close, Ballaugh including dates of payments fro dog grooming services 10. Manx Utilities confirmation that there is a domestic electricity supply at Ballaugh Lodge from 2022 ## Sarah Corlett 11. Warranty document for a fridge to be installed and another fridge to be removed and disposed of dated 2021 12. Invoice for magnesium solution dated 2022 13. Invoice from Manx Telecom dated 2023 14. Invoice from Spectrum Windows dated 2024 15. Invoices from CuPlas Callow for bathroom panels and shower enclosure, dated 2021 16. Invoices from Macs Builders for OSB, shutter ply and $3 \times 2$ timber, ship lap and posts dated 2016 17. Invoice from Furnitureland for carpet and underlap dated 2016 18. Invoice from Curry's PC World for a cooker dated 2019 19. Invoices from Haldane Fisher for battens, insulation board, plywoood, carcassing, weatherboard, spring hinges and paint dated 2016 20. Invoices from Haldane Fisher for plywood, chipboard flooring, machined redwood, Thermaboard, cement, sand and gravel, waste pipe. Brackets, wire bracket and masonry drill dated 2018 21. Invoices from Haldane Fisher for carcassing, wood screws, battens, marine plywood, hinge dated 2020 22. Invoices from Haldane Fisher for carcassing, plywood, battens, weatherboard dated 2021 Please let me know if you require any further information. Yours sincerely, ### Soneer Miss Sarah Corlett Director ## Planning Statement In Support Of An Application For A Certificate Of Lawful Development In Respect Of The Erection And Use Of Existing Building As A Dwelling, Ballaugh Lodge, To The Rear Of One Stop Shop, Station Road, Ballaugh Im7 5Ej #### 1.0 Introduction 1.1 Ballaugh Lodge is an existing timber building which sits to the rear of the One Stop Shop off Station Road in Ballaugh. Access to the dwelling is via a lane which is to the north west of the shop which is long enough to accommodate two vehicles in addition to the parking in front of the shop for customers. 1.2 The dwelling was created on the site of a former local abattoir. The applicant, with her husband demolished what remained of the abattoir and constructed a rectangular shaped building on the site in 2012 as they had to sell their existing home and already owned the One Stop Shop. The front section of the dwelling was added in around 2016. 1.3 The property has been present and occupied as a dwelling in excess of four years which would enable it to be immune from the issue of an enforcement notice under Schedule 4, Part 3a of the Town and Country Planning Act 1999. This application seeks to provide the required amount of information sufficient to demonstrate this and to enable the Department to issue a Certificate of Lawfulness for the existing dwelling, confirming its status and that of the site as a residential property and its curtilage. ## Sarah Corlett ![A site plan map showing a property on Rowan Avenue with a red boundary outline and a blue circle around a building labeled 'Brook Villa' marked for proposed works.](https://images.planningportal.im/2024/07/238502.jpg) #### 2.0 Evidence of the age of the structure 2.1 The property is shown (highlighted blue below) on an application submitted in 2016 for the property to the rear: Excerpt from the location plan submitted with 16/00483/B ![Aerial satellite view of a residential property showing the main house, garden, and neighboring buildings.](https://images.planningportal.im/2024/07/238505.jpg) ![An aerial photograph serving as a location map, displaying a rural residential area with house names and road labels.](https://images.planningportal.im/2024/07/238506.jpg) 2.2 The building can be seen on the current aerial photograph with its white roof: 2.3 The same building appears in earlier aerial photographs: 2018 Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: planning@sarahcorlett.com w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett, Nicola Jane Corlett Company Registration 13432SC 2015 2012 2.4 The applicant also has dated photographs which are attached at Appendix One of the inside and outside of the house. We have tried to take photographs of the same areas as the property appears today but some parts of the dwelling have been rearranged since then and do not appear the same as they did at that time. Other photographs are more directly comparable and some shown the same candlesticks, ornaments and curtains as are in the property currently. ![An aerial satellite view showing a residential area with houses, gardens, and roads, likely serving as a location map.](https://images.planningportal.im/2024/07/238509.jpg) ![Aerial satellite map showing a residential area with property names like 'The Rowans' and 'Brook Mills' overlaid.](https://images.planningportal.im/2024/07/238510.jpg) 2.5 In addition to the above, the applicant provides a series of written documents which are addressed to or refer to the applicant living at the property as follows and/or relate to items purchased which relate to the property being used as a dwelling: 1. Letter from North Barrule, Maughold dated 25th May, 2024 2. Letter from Parkfield, Douglas 3. Letter from 6, Mountain View, Ballaugh 4. Letter from 1, Ballakinnag Cottages, Ballaugh and invoice dated 2015 for the installation of a new sink unit and repositioning of washing machine at premises to the rear of the Ballaugh Shop 5. Letter from 11A, Ballacobb (former Chairman of Ballaugh Commissioners and Michael Commissioners and JP) 6. Letter from Brook Villa, Ballaugh 7. Letter from 21, Alder Road, Douglas 8. Letter from the flat above the One Stop Shop, Ballaugh 9. Letter from 2, Glebe Allin Close, Ballaugh including dates of payments for dog grooming services 10. Manx Utilities confirmation that there is a domestic electricity supply at Ballaugh Lodge from 2022 11. Warranty document for a fridge to be installed and another fridge to be removed and disposed of dated 2021 12. Invoice for magnesium solution dated 2022 13. Invoice from Manx Telecom dated 2023 14. Invoice from Spectrum Windows dated 2024 15. Invoices from CuPlas Callow for bathroom panels and shower enclosure, dated 2021 16. Invoices from Macs Builders for OSB, shutter ply and 3x2 timber, ship lap and posts dated 2016 17. Invoice from Furnitureland for carpet and underlap dated 2016 18. Invoice from Curry's PC World for a cooker dated 2019 19. Invoices from Haldane Fisher for battens, insulation board, plywood, carcassing, weatherboard, spring hinges and paint dated 2016 20. Invoices from Haldane Fisher for plywood, chipboard flooring, machined redwood, Thermaboard, cement, sand and gravel, waste pipe. Brackets, wire bracket and masonry drill dated 2018 21. Invoices from Haldane Fisher for carcassing, wood screws, battens, marine plywood, hinge dated 2020 22. Invoices from Haldane Fisher for carcassing, plywood, battens, weatherboard dated 2021 2.6 Whilst some of these documents date more recently than 2019/2020 - ie more recent than 4 years, they demonstrate that the property continues to be used as a residential property to the time of the current application. Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: planning@sarahcorlett.com w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett, Nicola Jane Corlett Company Registration: 134325C ## Sarah Corlett ### 3.0 Conclusion 3.1 We believe that the evidence provided when taken cumulatively, demonstrates that the main part of the building has existed since 2012 with later extensions as it exists today, all within the prescribed time limits, and the letters demonstrate the the building has been used as a dwelling since its construction in 2012. The sole use of the building since its original construction has been as a dwelling. As such a Certificate of Lawful Development could be issued in this case under Schedule 4(3a) of the Town and Country Planning Act 1999. 3.2 The applicant has lived on the site since 2012, in excess of the time limit for any change of use of this part of the site, and the main building has been in situ since 2012 with later extensions added in 2016 and shortly thereafter. The Town and Country Planning Act 1999 makes provision in terms of time limited for the issue of a notice for carrying out of building works ( 4 years), the change of use of any building to a dwelling house ( 4 years) and any other breach ( 10 years). 3.3 As the property has been in situ for more than three years, it is our understanding that under Section 18 of the Building Control Act 1991 the property may not be subject to any action under the Building Regulations but will nonetheless be considering any beneficial work which may result in the property being more thermally efficient and move towards complying with modern Building Regulation requirements. 3.4 If the evidence provided is not considered sufficient, we would be grateful if we could be advised so that we will attempt to seek additional evidence as required by the Department. ### Sarah Corlett 28.06.2024 RECEIPT To: Mr. G. LaRory, 0474 Reef House, College Green Invoice date: 27.06.24 Castletown IM9 1BE Due date: 27.07.24 Services provided Provision of an appeal statement in respect of 24/00029/B for the erection of a triple garage, Reef House and The Old House, College Green, Castletown IM9 1BE | Total amount due: | £640.00 | | --- | --- | | Total amount paid on 30.06.24: | £649.00 | | Total amount outstanding: | £000.00 | Thank you for your custom and prompt payment. Sarah Corlett Town Planning Consultancy Ltd Registered address: Ballachrink Croft, Ballacorey Road, Bride, Isle of Man IM7 4AW t: 07624 485517 e: planning@sarahcorlett.com w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett Nicola Jane Corlett Company Registration 134325C --- *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/32834-ballaugh-ballaugh-lodge-new-build-dwelling/documents/1069270*