**Document:** DEC Decision Notice
**Application:** 23/01295/LAW — Certificate of Lawful Use for existing residential apartments
**Decision:** Certificate of Lawful Use/Devel Approved
**Decision Date:** 2024-04-11
**Parish:** Rushen
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/56592-rushen-gleneagles-promenade-lawful-use-certificate/documents/1105256

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# DEC Decision Notice

Reference:23/01295/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 2nd November 2023, the use 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, 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 to demonstrate that the property known as "Gleneagles" has been used as seven residential flats for a period exceeding 10 years and as such, the Department may not issue an enforcement notice due to the provisions of the Town and Country Planning Act 1999, Schedule 4, Part 1, paragraph 3(a).

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

The use of seven flats as residential accommodation as follows; 1 bedroomed ground floor flat

- 1 bedroomed first floor flat (named Holiday Flat 2 on Drawing No. 519 dated received 30th October 2023)
- 2 bedroomed first floor flat (named Holiday Flat 1 on Drawing No. 519 dated received 30th October 2023)

- 1 bedroomed second floor flat (named Holiday Flat 4 on Drawing No. 519 dated received 30th October 2023)
- 2 bedroomed second floor flat (named Holiday Flat 3 on Drawing No. 519 dated received 30th October 2023)

- 1 bedroomed third floor flat (named Holiday Flat 6 on Drawing No. 519 dated received 30th October 2023)
- 2 bedroomed third floor flat (named Holiday Flat 5 on Drawing No. 519 dated received 30th October 2023)

- Schedule 2. The land to which the Certificate relates

Glen Eagles Promenade Port Erin Isle Of Man IM9 6LE

Date 11th April 2024

This decision was made by the Acting Head of Development Management under the delegated authority afforded by Government Departments Act 1987.

A MORGAN

A Morgan MRTPI Acting Head of Development Management

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 use 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 use described in Schedule 1 and to the land specified in Schedule 2 and identified on the attached plan. Any use which is 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.

## IOM Government

![A site location plan highlighting the property 'Gleneagles' in red, showing its position relative to neighboring buildings and the coastal promenade.](https://images.planningportal.im/2023/10/6950259.png)

Planning & BC

Maine Court

P R O

- M E
- N

A

Cooil Bane

- D
- E

Princess Towers

Whitestones

G ara

Brid g e

Coastguard Store

g es

Snaefell House

H o

use

Gleneagles

Arnside

Regent

House

Shieling

The Stanley

Aalin

d

Win d er-

m ere

e

Mona

House

D a

R

Bay View

d

vlin

e

Hotel

Fix

n

aco

e

B

York

House

Workshop

ale

Department Division/Office Case Reference

Isle of Man Government

Erin

DEFA 23/01295/LAW

Arts Centre

d

g

n

Chatsworth

Grosvenor

Caledonia

Hotel

Works

Scalebar: 0 5 10 20Metres

Date

11/04/2024

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|Scale: 1:625|
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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.

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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/56592-rushen-gleneagles-promenade-lawful-use-certificate/documents/1105256*