**Document:** Planning Officer Report **Application:** 12/01135/LAW — Application for a Certificate of Lawful Use of land for equestrian uses **Decision:** Certificate of Lawful Use/Devel Approved **Decision Date:** 2012-11-01 **Parish:** Malew **Document Type:** report / officer_report **Source:** https://planningportal.im/a/16990-malew-ballawhetstone-douglas-road-ballabeg-lawful-use-certificate/documents/1313748 --- # Planning Officer Report ## Planning Officer Report And Recommendations [Table omitted in markdown export] Case Officer : Mr Chris Balmer Photo Taken : Site Visit : Expected Decision Level : Officer Delegation ## Officer's Report 1.0 THE SITE 1.1 The site represents the curtilage of Ballawhetstone, Douglas Road, Ballabeg located on the southern side of the Douglas Road and southeast of Ballabeg Village. The site comprises of a two storey dwelling, traditional Manx stone barn with a number of stables and a large modern steel framed barn. 2.0 THE PROPOSAL 2.1 The application seeks permission for an Application for a Certificate of Lawful Use of land for equestrian uses of the modern barn on the site. 3.0 PLANNING STATUS 3.1 The application site is within an area recognised as being an area of 'High Landscape or Coastal Value and Scenic Significance and woodland', not zoned for development under the Isle of Man Development Plan Order 1982. 3.2 Under the Modified Draft plan for the South the site is designated as being within 'open space' again not zoned for development. 4.0 PLANNING HISTORY 4.1 The previous planning application is considered specifically material in the assessment of the current application:- 4.2 Construction of agricultural building - 90/04149/B - APPROVED with the following condition attached:- "The building (s) shall not be used for any other purpose than that indicated on the plan, or in the application without the consent of the Committee." 5.0 CONSULTATIONS 5.1 Malew Parish Commissioners do not object. 6.0 ASSESSMENT 6.1 The assessment of the application requires the examination of the information available in order to determine whether there is either sufficient or insufficient evidence, that on the balance of reasonableness the development has been in excess of 10 years. Under Schedule Part 1, Paragraph 3 (c) of the Town and Country Planning Act 1999 no enforcement notice may be issued 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. ### 7.0 Evidence 7.1 The applicant has submitted a significant and varied amount of evidence dating back to at least 2002 which takes the form of; income tax assessment from 2002 to present 2012, business accounts/finical statements of the riding school at the site, Insurance documents for equestrian use on the site, Certificate of company registry of Ballawhetstone Stables Ltd, licence to keep a riding establishment (DEFA), Manx Electricity Authority utility bills, Certificate of Employers Liability Insurance, Manx Telecom phone book advertisement agreement and letter; bank accounts statements. 7.2 Further information includes letters from Chief Veterinary Officer (DEFA) who confirms that he has direct knowledge of inspecting and licensing the premises that the site has operated as a commercial riding establishment since his knowledge since 2004. He confirms Departmental licences were issued prior to this date commencing during the late 1990's. 7.3 Receipts from 1994 for sand and chippings delivered for the arena are also included. 7.4 The applicant has also advised that the Riding school has operated on average from 9am till 9pm, 6 days a week with around 30 to 35 people per week visiting the site. 7.5 The Department also has Telephone directory which date back to 2006 up to 2012. Ballawhetstone Stables are advertised in each yearly directory. 7.6 Visiting the site, it was clear the barn is current used for equestrian uses and there were a number of stables which were occupied by horses. The barn which accommodated the arena appeared to have been used for a number of years and would appear to relate to the evidence submitted that the barn had been used for equestrian purposes for at least 10 consecutive years. ### 8.0 Conclusion 8.1 Based on the detailed and varied evidence which has been submitted as part of the application, it is considered that on the balance of reasonableness it has been adequately demonstrated that use of land for equestrian uses for a period of time in excess of 10 years. As such it is recommended that the application be permitted and a Certificate of Lawful Development be issued. ### 9.0 Recommendation 9.1 It is considered that the development is lawful and as such a Certificate of Lawful Development should be issued. ### Recommendation Recommended Decision: Certificate of Lawful Use Approved Date of Recommendation: 17.10.2012 ## 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 C 1. The submitted application reference, PA 12/01135/LAW, contains evidence sufficient to demonstrate that: - (a) The property known as Ballawhetstone, Douglas Road, Ballabeg (as defined in the plan attached hereto) has been used as a equestrian centre (riding school) for a period of time in excess of 10 years prior to 9th August 2012. Limitations The character of the use is set out in the applicant’s email of 17th October 2012 that the equestrian centre should only be open to members of the public between the hours of 09:00hrs to 21:00hrs, 6 days a week and should have no more than 35 people at any one time. Note. It should be noted that if the level of activity materially changes from that stated in the limitations then a further application may be needed. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer. Decision Made : Certificate of Lawful Use Approved Date: 29/10/12 ### Determining officer (delete as appropriate) Signed : ... Anthony Holmes Senior Planning Officer Signed : ... Michael Gallagher Director of Planning and Building Control Signed : ... Sarah Corlett Senior Planning Officer Signed : ... Jennifer Chance Development Control Manager --- *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/16990-malew-ballawhetstone-douglas-road-ballabeg-lawful-use-certificate/documents/1313748*