**Document:** DEC Officer Report
**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 / officer_report
**Source:** https://planningportal.im/a/32834-ballaugh-ballaugh-lodge-new-build-dwelling/documents/1069283

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# DEC Officer Report

## PLANNING OFFICER REPORT AND RECOMMENDATION

**Application No.:** 24/00778/LAW
**Applicant:** Mrs Ann Elizabeth Gubby
**Proposal:** Certificate of Lawful Development for erection of a dwelling
**Site Address:** Ballaugh Lodge Station Road Ballaugh Isle Of Man IM7 5EJ
**Planning Officer:** Hamish Laird
**Recommended Decision:** Certificate of Lawful Use/Devel Approved
**Date of Recommendation:** 21.08.2024

## Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions This application has been recommended for approval for the following reason.

Having assessed the above, it is clear that there is sufficient evidence to demonstrate the continuous use of the site and the occupation of the building thereon as a separate dwelling for a period in excess of 10 years. The occupation of the timber clad building/structure on the site has also have been sited on the plot for a period in excess of 4 years. As such, the Department may not issue an Enforcement Notice due to the provisions of Town and Country Planning Act 1999 Schedule 4 Part 1 paragraph 3(a) and it is recommended that a Certificate of Lawful Development should be granted.

Plans/Drawings/Information; This decision relates to application form and information date stamped received 8/7/2024 which includes the following information: Job No. 2024/30 Drawing No. 01 - Site and floorplans and elevations as existing date-stamped received 04 July, 2024;

Planning Statement from Sarah Corlett Town Planning Consultancy dated 3rd July, 2024. Photographs Photographs of the outside of the property - 2 x dated 26/12/2019; 1 x dated 22/12/2018; and, 1 x dated 8/7/2024; 2 photographs inside the property dated 9/11/2015; 2 photographs inside the property dated 19/4/2015; Photograph of inside of kitchen dated 8/7/2024;

Photograph of inside of kitchen dated 19/4/2024; 2 x photographs of inside the kitchen and lounge - both dated 16/12/2018; Photograph of inside of the lounge/dining room - dated 08/02/2020; and, Photograph of inside of the lounge/dining room - dated 08/07/2024;

- 1. Letter from North Barrule, Maughold dated 25th May, 2024 - refers to meeting the applicants at Ballaugh Lodge to discuss Business in the Spring of 2018, with regular meetings at Ballaugh Lodge thereafter.
- 2. Letter from Kelly accountancy and Taxation, Parkfield, Glencutchery Road, Douglas, dated 15th May, 2024, advising that "Mrs A E Gubby and her late husband have been clients for approx. twenty four years. Visits to them at Ballaugh Lodge first occurred around 2011/2012 after they sold their house - Halcyon Days, Ballacurn, Ballaugh, IM7 5EX which according to my records, was sold in January 2011. We have met at the property whenever required in the intervening years."
- 3. Letter from Mrs June Worner, 6 Mountain View, Ballaugh advises that she has known Mrs A E Gubby and her recently deceased husband, Gordon at Ballaugh lodge and their previous house, Halcyon Days, which she believes was sold in 2011. Since that time, they have been living behind the One Stop Shop in Ballaugh. As Postmistress in Ballaugh Sub-Post Office, "I can confirm that I currently receive mail for Liz Gubby addressed to Ballaugh Lodge".
- 4. Mr Derek and Mrs Kay Batty of Brook Villa main Road, Ballaugh write in a letter dated 15th May, 2024, that they are Liz Gubby's neighbours and have lived in Ballaugh since 16th December, 2016 and confirm that she and her late husband were residents at Balluagh Lodge when we took up tenure at Brook Villa.
- 5. Mrs Carolyn Harper of 21 Alder Road, Douglas writes stating that she has known Liz Gubby and her late husband Gordon since 2010, and that she has visited and stayed with them at their home at Ballaugh Lodge regularly since that date.
- 6. Kevin Burrows of the flat above the Stop Shop, Station Road, Ballaugh writes in letter dated 18th May 2024, that he moved into the flat above the shop on 23/3/2016. At this time he confirms that Mr and Mrs Gubby were resident at Ballaugh Lodge, Station Road, Ballaugh.
- 7. Mr J M Kelly of 11a Ballacobb Close, Ballaugh, writes on 21st May, 2024, that he has known the Gubby Family since 1997, and they are very well known to many people around the Island. He confirms that since 20th February, 2012, they have lived at Ballaugh Lodge, Station Road, Ballaugh.
- 8. Mr Kelly advises that he is a retired Chairman of both the Village Commissioners and Michael Commissioners, also a J.P. and ex-Fireman at Kirk Michael.
- 9. Mrs Jill Parcheter of 2 Glebe Aalin Close, Station Road, Kirk Michael writes in a letter datestamped received 4/7/24 that she has provided dog grooming services from 2/3/11 to 14/4/15 during visits to Mrs Gubby at Ballaugh Lodge on 7 occasions and provides an invoice to that effect.
- 10. Manx Utility Services (MUA) in a letter to Mrs Gubby at Ballaugh Lodge, dated 15/5/24 confirms "we have accepted your application for supply (domestic) for the above address meter No. 2020S00689, which is pre-pay meter from the installation date 25/7/22."
- 11. Other details comprising invoices from Manx Telecom., Spectrum Windows, Macs Builder, Curry's CP World, and, 4 invoices for building materials from Haldane Fisher are submitted.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

## Officer’s Report

24.00778.LAW - Certificate of Lawful Development for erection of a dwelling at Ballaugh Lodge, Station Road, Ballaugh, Isle of Man, IM7 5EJ

1.0 INTRODUCTION - 1.1 The application seeks a Certificate of Lawful Development for the Certificate of Lawful Development for the erection of a dwelling. The application seeking the Certificate of Lawfulness was submitted on 11.07.2024. This means the relevant 4 years for consideration is from 10.07.2018. - 1.2 In accordance with the provisions of Schedule 4, Part 1, paragraph 3 of the Town and Country Planning Act 1999 ("the Act"), a development carried out in breach of planning control shall become immune from enforcement action after a certain period of time, provided that formal enforcement action has not already been taken. The relevant time periods are set out below:

- a) in respect of a breach of planning control consisting of the carrying out without planning approval of building, engineering, mining or other operations in, on, over or under land, after the end of the period of 4 years beginning with the date on which the operations were substantially completed;
- b) in respect of a breach of planning control consisting of the change of use of any building to use as a single dwelling house, after the end of the period of 4 years beginning with the date of the breach;
- c) 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.

1.3 Section 24 of the Act makes provision for the submission and issuing of a Certificate of Lawfulness to establish the lawfulness of a breach of planning control. - 1.4 An application for a Certificate of Lawfulness is determined on the basis of fact. Unlike an application for planning approval, it is not concerned with land-use planning considerations or the impacts of the development upon the public realm. - 1.5 The principal test is whether, on the balance of probabilities, the breach of planning control has occurred continuously for the given period. The burden of proof rests with the applicant and their evidence must be both precise and unambiguous. If the Department has no evidence of its own to contradict that provided by the applicant, then provided that the applicant's evidence is sufficiently precise and unambiguous, a Certificate of Lawfulness may be issued. It is not usually necessary for the Planning Authority to corroborate the applicant's evidence.

2.0 THE APPLICATION SITE - 2.1 The application site is Ballaugh Lodge, Station Road, Ballaugh, Isle of Man which is a detached single storey property located on land to the rear of the Spar Convenience Store on the west side of Station Road and east of Ballaugh Bridge on the A3 known as Main Road.

## - 3.0 THE PROPOSAL

3.1 The application seeks approval for the certificate of lawfulness for the erection of a dwelling, albeit in reality it seeks to establish the long-term residential usage of property. From the submission it appears that the use of the structure as a separate unit of living accommodation commenced on 10/2/2012. within the site was a former chapel which gained permission (84/0660) to be converted to a tourist unit. There are then two following permissions to extend this (88/02308 & 93/07119) to extend this to provide additional living accommodation. The submitted information indicates that the applicant then used the extension as the main house and the chapel as tourist accommodation up to 2005 at which point they used all elements of the building as a single residential dwelling. The original chapel conversion did not include residential use although has been used as such since 2005.

4.0 PLANNING HISTORY - 4.1 There are a number of previous planning applications affecting the site which are considered relevant in the assessment and determination of this application. These are:

94/01581/B - Alterations to provide new rear store, One Stop Shop, Ballaugh. Permitted 24/3/95. 03/01727/A - Approval in principle for the erection of an extension to form staff accommodation at One Stop Shop Station Road Ballaugh. Permitted 20/2/2004.

- Condition 2 of the permission states:

- "2. This approval in principle relates to the development of a single storey extension to the rear of the property for use as staff accommodation associated with the existing shop"

Condition 3 states:

- "3. This approval is granted on the basis that it is an alternative scheme to that approved under PA01/1943 for the conversion of the attic space into living accommodation. In the event of this approval being taken up the attic space must remain as storage only." Condition 6 states: "6. No living accommodation is permitted in the roof space of the proposed extension."

01/01943/B - Conversion of attic to create flat and alterations to shop. One Stop Shop, Station Road, Ballaugh - permitted 26/2/2002. (NB there are no electronic records on the website.)

05/92348/C - Additional use of premises as a café. One Stop Shop, Station Road, Ballaugh refused 1/6/2006. Approved at Appeal 14/11/2006. Relates to internal area within the one stop shop not the application site.

07/01570/R - Closing of approved access to cafe and re-opening of existing door for access to café. One Stop Shop, Station Road, Ballaugh. Permitted 01/10/2007.

17/00872/B - Alterations to shop front elevation. One Stop Shop, Station Road, Ballaugh. Permitted 03/10/2017.

5.0 REPRESENTATIONS - 5.1 No representation shad been received by the report drafting stage (21/8/24).

6.0 ASSESSMENT / SUMMARY OF EVIDENCE PROVIDED - 6.1 In terms of whether the property has been used as a dwelling for more than 4 years from the date of submission the Department considers that it has. The evidence submitted comprises the following:

- 1. Letter from North Barrule, Maughold dated 25th May, 2024 - refers to meeting the applicants at Ballaugh Lodge to discuss Business in the Spring of 2018, with regular meetings at Ballaugh Lodge thereafter.
- 2. Letter from Kelly accountancy and Taxation, Parkfield, Glencutchery Road, Douglas, dated 15th May, 2024, advising that Mrs A E Gubby and her late husband have been clients for approx. twenty four years. Visits to them at Ballaugh Lodge first occurred around 2011/2012 after they sold their house - halcyon Days, Ballacurn, Ballaugh, IM7 5EX which according to my

- records, was sold in January 2011. We have met at the property whenever required in the intervening years."
- 3. Letter from Mrs June Worner, 6 Mountain View, Ballaugh advises that she has known Mrs A E Gubby and her recently deceased husband, Gordon at Ballaugh lodge and their previous house, Halcyon Days, which she believes was sold in 2011. Since that time, they have been living behind the One Stop Shop in Ballaugh. As Postmistress in Ballaugh Sub-Post Office, I can confirm that I currently receive mail for Liz Gubby addressed to Ballaugh Lodge.
- 4. Mr Derek and Mrs Kay Batty of Brook Villa main Road, Ballaugh write in a letter dated 15th May, 2024, that they are Liz Gubby's neighbours and have lived in Ballaugh since 16th December, 2016 and confirm that she and her late husband were residents at Balluagh Lodge when we took up tenure at Brook Villa.
- 5. Mrs Carolyn Harper of 21 Alder Road, Douglas writes stating that she has known Liz Gubby and her late husband Gordon since 2010, and that she has visited and stayed with them at their home at Ballaugh Lodge regularly since that date.
- 6. Kevin Burrows of the flat above the Stop Shop, Station Road, Ballaugh writes in letter dated 18th May 2024, that he moved into the flat above the shop on 23/3/2016. At this time he confirms that Mr and Mrs Gubby were resident at Ballaugh Lodge, Station Road, Ballaugh.
- 7. Mr J M Kelly of 11a Ballacobb Close, Ballaugh, writes on 21st May, 2024, that he has known the Gubby Family since 1997, and they are very well known to many people around the Island. He confirms that since 20th February, 2012, they have lived at Ballaugh Lodge, Station Road, Ballaugh.
- 8. Mr Kelly advises that he is a retired Chairman of both the Village Commissioners and Michael Commissioners, also a J.P. and ex-Fireman at Kirk Michael.
- 9. Mrs Jill Parcheter of 2 Glebe Aalin Close, Station Road, Kirk Michael writes in a letter datestamped received 4/7/24 that she has provided dog grooming services from 2/3/11 to 14/4/15 during visits to Mrs Gubby at Ballaugh Lodge on 7 occasions.
- 10. Manx Utility Services (MUA) in a letter to Mrs Gubby at Ballaugh Lodge, dated 15/5/24 confirms "we have accepted your application for supply (domestic) for the above address meter No. 2020S00689, which is pre-pay meter from the installation date 25/7/22."
- 11. Other details comprising invoices from Manx Telecom., Spectrum Windows, Macs Builder, Curry's CP World, and, 4 invoices for building materials from Haldane Fisher are submitted.

6.2 Overall, the Planning Statement submitted on behalf of the applicant lists 22 letters, invoices, and other items including those outlined above covering the period 20th February, 2012, to 2024 indicating that Mr and Mrs Gubby, and latterly Mrs Gubby have lived at Ballaugh Lodge, to the rear of the Stop Shop, Station Road, Kirk Michael, continuously during this period of time. - 6.3 It is clear the property known as Ballaugh Lodge, located to the rear of the Stop Shop, on Station Road, Kirk Michael, has been used as a dwelling for at least the last 4 years. The submitted existing floor plans (dated 2024) show the dwelling providing a lounge; kitchen; sun lounge; study; 2-bedrooms; a dressing room; and a shower/WC with an outside store. Access into the property is gained via three entry points - sun lounge; lounge; and, into the shower/WC and dressing room. - 6.4 The structure is single storey, flat roofed with a painted timber boarding finish. And is equipped with running water, electricity and foul water connections. In addition, to the plans photographs of the building on site dated 9/11/2015 are submitted showing it laid out and furnished as a domestic dwelling. This was as observed at the time of the Case Officer's site visit on 30/7/24. - 6.5 The evidence provided clearly demonstrates that the single storey building located to the rear of the Stop Shop, which is not recorded in the sites planning history, has been occupied as a separate the dwelling continuously for the period between 20th February, 2012, until the present day in 2024.

7.0 CONCLUSION - 7.1 On the balance of probabilities, the evidence provided clearly demonstrates that the single storey building located to the rear of the Stop Shop, which is not recorded in the sites planning history, has been occupied as a separate the dwelling continuously for the period between 20th February, 2012, until the present day in 2024., which is for more than 4 years. As such, the Department may not issue an enforcement notice due to the provisions of Town and Country Planning Act 1999 Schedule 4 Part 1 paragraph 3(a) and it is recommended that a Certificate of Lawful Use is granted.

8.0 RECOMMENDATION - 8.1 It is recommended that the application for a Certificate of Lawfulness is agreed.

9.0 INTERESTED PARTY STATUS 9.1 As the application is for a CLU this is not required to be assessed

I can confirm that this decision has been made by the Acting Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Certificate of Lawful Use/Devel Approved Date : 30.08.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting 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/32834-ballaugh-ballaugh-lodge-new-build-dwelling/documents/1069283*