**Document:** DEC Certificate of Lawfulness **Application:** 24/01071/LAW — Certificate of Lawful Development for the location of a chimney pot **Decision:** Certificate of Lawful Use/Devel Approved **Decision Date:** 2024-10-17 **Parish:** Braddan **Document Type:** decision / certificate_of_lawfulness **Source:** https://planningportal.im/a/33291-braddan-20-upper/documents/1075008 --- # DEC Certificate of Lawfulness EJC:Reference:24/01071/LAW ##### Town And Country Planning Act 1999 Certificate Of Lawful Use Or Development The Department of Environment, Food and Agriculture hereby certifies that on the 18th September 2024, the matter described in Schedule 1 to this certificate in respect of the land specified in Schedule 2 to this certificate and edged RED on the plan attached to this certificate, was lawful within the meaning of section 24 of the Town and Country Planning Act 1999 for the following reason(s): 1) There is sufficient evidence to demonstrate that the chimney pot to the roof of 20 Upper Dukes Road has been in place for a period exceeding 4 years and 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). - Schedule 1. Uses/Development to which this Certificate relates The installation of a chimney pot to the roof of 20 Upper Dukes Road. - Schedule 2. The land to which the Certificate relates 20 Upper Dukes Road Douglas Isle Of Man IM2 4AZ Date 17th October 2024 This decision was made by a Principal Planner under the delegated authority afforded by Government Departments Act 1987. J SINGLETON J Singleton MRTPI Principal Planner Notes - 1. This certificate is issued solely for the purpose of section 24 of the Town and Country Planning Act 1999. - 2. It certifies that the matter specified in Schedule 1 taking place on the land described in Schedule 2 was lawful, on the specified date and, thus, was not liable to enforcement action under section 26 of the 1999 Act on that date. - 3. This certificate applies only to the extent of the matter described in Schedule 1 and to the land specified in Schedule 2 and identified on the attached plan. Any matter which is materially different from those described or which relates to other land may render the owner or occupier liable to enforcement action. - 4. The effect of the certificate is also qualified by the proviso in section 24(3) of the 1999 Act, which states that the lawfulness of a described use or operation is only conclusively presumed where there has been no material change, before the use is instituted or the operations begun, in any of the matters relevant to determining such lawfulness. ### 20 Upper Dukes Road, Douglas, IM2 4AZ ![A site plan highlighting property number 20 on Upper Duke's Road with a red boundary, showing proximity to a playing field and neighboring plots.](https://images.planningportal.im/2024/09/6948148.png) Certificate of Lawfulness ROA ## 59.4m The Big Top Thie Isle of Man Government Department Division/Office Case Reference Bannee DUKE'S DEFA 24/01071/LAW Playing Field Ivy Bank 17/10/2024 Date 59.1m 57.9m |Scalebar:

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Metres| |---| |Scale:1:500| |---| Reproduced from the IoM Survey map with the permission of the Department of Infrastructure © Crown Copyright 2015. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings. --- *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/33291-braddan-20-upper/documents/1075008*