**Document:** Certificate of Lawful Use
**Application:** 25/00390/LAW — Certificate of Lawful Development for revised position of a flue as approved under PA 15/00293/B
**Decision:** Certificate of Lawful Use/Devel Approved
**Decision Date:** 2025-05-13
**Parish:** Braddan
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/34069-braddan-2-victoria/documents/1085796

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# Certificate of Lawful Use

Reference:25/00390/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 15th April 2025, the matter described in Schedule 1 to this certificate in respect of the land specified in Schedule 2 to this certificate and edged REDon the plan attached to this certificate, would have been 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 demonstrating that the flue has been in situ since 7th November 2019.

- Schedule 1. Uses/Development to which this Certificate relates

For the installation of a flue to the rear roof plane of the dwelling.

- Schedule 2. The land to which the Certificate relates

2 Victoria Avenue Douglas Isle Of Man IM2 4AN Date 13th May 2025 This decision was made by a Principal Planner under the delegated authority afforded by Government Departments Act 1987. C BALMER C Balmer 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 would have been lawful, on the specified date and, thus, would not have been 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 are materially different from that 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.

|Flats1-6<br><br>Centre<br><br>VICTORIA<br><br>AVENUE<br><br>LINDENGARDENS<br><br>Car Park<br><br>Area U/C<br><br>Park<br><br>27<br><br>36<br><br>11<br><br>29<br><br>34<br><br>1<br><br>21<br><br>26<br><br>20<br><br>12<br><br>28<br><br>2<br><br>Eastclife AdultTrainin<br><br>LINDEN GRO<br><br>28<br><br>Car<br><br>3 7<br><br>Eastcliffe Cottage<br><br>24<br><br>Flats1-6<br><br>lats 1-6<br><br>IOM Government<br><br>Planning & BC<br><br>Department Division/Office Case Reference<br><br>Date<br><br>DEFA 25/00390/LAW<br><br>Isle of Man Government<br><br>13/05/2025<br><br>Reproduced from the IoM Survey map with permission of the Department of Infrastructure © Crown Copyright 2015. Unauthorised reproduction infringes Crown Copyright and may lead to prosecution or civil proceedings.<br><br>Scalebar:<br><br>| | | |
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<br><br>0 5 10 20<br><br>Metres<br><br>|Scale: 1:625|
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![A site location plan displaying property boundaries and street names like Victoria Avenue, with a specific plot highlighted in red.](https://images.planningportal.im/2025/04/6891470.png)

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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/34069-braddan-2-victoria/documents/1085796*
