**Document:** Officer Planning Report Recommendation **Application:** 09/01495/LAW — Application for a certificate of existing lawfulness for seven apartments **Decision:** Certificate of Lawful Use/Devel Approved **Decision Date:** 2009-11-20 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/63925-braddan-14-clifton/documents/1182479 --- # Officer Planning Report Recommendation ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations ### Consultations [Table omitted in markdown export] ### Officer's Report #### The Site The application site represents the property 14 Clifton Terrace, located in Douglas. The property is a three-storey end terraced unit located in an established residential area. #### The Proposal The applicant has submitted a Certificate of Existing Lawful Use. The applicant claims that the existing property has been used as seven apartments for over 10 years, which will make the use become lawful in planning terms. #### Planning Status The application site is located within an area identified as 'Predominantly Residential' in the Douglas Local Plan Order 1998. #### Planning History The property has had previous planning applications submitted which are not considered relevant to the proposed application: 87/01098/A – Approval in principle to the conversion of Guest House to office accommodation – Refused (1st January 1994). #### Assessment The applicant has sent numerous documents with his application to support the notion that the property, 14 Clifton Terrace, has been used as seven apartments for a period in excess of 10 years. An affidavit has been submitted with the application confirming each document provided and confirming that the subject property was converted from a guest house into flats during 1999. The information provided with the deed is as follows: 1. The building is registered as flats under the Housing (Flats) Regulations 1982 with the Borough of Douglas. This illustrates that there were 7 flats registered at 14 Clifton Terrace. 2. A copy of a Certificate of Registration from the Borough of Douglas, which confirms registration of these flats from 25th April 2002. 3. A letter from the Isle of Man Fire and Rescue Service confirming that the property was divided into flats from 29th June 2004 and regularly inspected from that date to the current year - 9th March 2009. 4. A letter from the Isle of Man Treasury confirming that the flats were approved by Douglas Corporation Planning Section in 1979 and that they were rated as flats from 2002 with registration formally taking place on 25th April 2002. 5. Reports from 24th November 2005 to 27th March 2009 provided by the applicant's agent who collected the money on the applicant's behalf. 6. A letter from Peter Bull of Manx Gas dated 17th June 2009 confirming that each flat 1-7 had been separately billed for gas consumption from 19th August 1999 up to 8th May 2009 when the last reading book took place. 7. James Kneen of the Manx Electricity Authority confirming that 8 meters were installed in the Scheduled Property for each flat plus one for the landlord's supply and the date of installation was 17th August 1999. 8. A CLARE plan obtained from the Isle of Man Government and Land Registry delineating the boundaries of the site. In assessing whether a Certificate of Lawfulness should be issued in respect of this activity it is necessary for the applicant to demonstrate that the activity has been on-going at a similar level of intensity for ten years or more in accordance with the Town and Country Planning Act 1999 which states: "PART 4 - ENFORCEMENT OF CONTROL 24.(1) Regulations may make provision for an application for, and the issue by the Department of, a certificate stating whether or not a) any existing use of buildings or land is lawful c) any operations which have been carried out in, on over or under land are lawful (2) For the purpose of this section - a) uses and operations are lawful at any time if - i) no enforcement notice may be issued in respect of them." The Act goes on "(3) A certificate issued under this section in accordance with regulations A0 specifying the land to which it relates; b) describing the use, operations or other matter in question; c) giving the reasons for determining the use, operations or other matter to be lawful and d) specifying the date of the application for the certificate." In this case the applicant has maintained a record of letters and bills at this property. There is no evidence to suggest that the information which has been provided is incorrect or false and as such it is recommended that a Certificate of Lawfulness is issued in respect of the use of the site for seven apartments and an Enforcement Notice could not be issued as the time limit set out in Schedule 4 Part 1 3.c of the Town and Country Planning Act 1999 has expired. In conclusion, it is considered that on balance, the affidavit and information submitted with it indicates a use that has been in existence for a period in excess of 10 years. As such, it is considered that the applicant has provided sufficient evidence to demonstrate enforcement action cannot be taken as the property has been used as seven apartment in excess of ten years. REPRESENTATIONS Douglas Corporation raises no objection to the Certificate of Existing Lawful Use. RECOMMENDATION For these reasons the proposal is considered acceptable and it is recommended that the planning application be permitted. 18 November 2009 09/01495/LAW PARTY STATUS It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status. Douglas Corporation Recommendation Recommended Decision: Certificate of Lawful Use Approved Date of Recommendation: 18.11.2009 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals N 1. Sufficient evidence has been provided to demonstrate that the dwelling and its immediate curtilage, as shown on the map date stamped 9th September 2009, has been used for seven apartments and been in operation for a period in excess of ten years prior to the 18th November 2009. I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer Decision Made : Certificate of Lawful Use Approved Date : 19 November 2009 Signed : ______________________________ Senior Planning Officer 18 November 2009 09/01495/LAW Page 3 of 3 --- *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/63925-braddan-14-clifton/documents/1182479*