**Document:** Officer Planning Report Recommendation **Application:** 12/01490/LAW — Application for a certificate of lawfulness for the use of rear plot of land as residential garden **Decision:** Certificate of Lawful Use Declined **Decision Date:** 2013-02-04 **Parish:** German **Document Type:** report / officer_report **Source:** https://planningportal.im/a/17396-german-alpines-curragh-road-st-johns-lawful-use-certificate/documents/1314278 --- # Officer Planning Report Recommendation ## Planning Report And Recommendations [Table omitted in markdown export] [Table omitted in markdown export] ### Officer's Report #### The Site 1. The application site is the curtilage of Alpines, Curragh Road, St Johns which is a detached bungalow situated to the south eastern side of the highway. Kennaa Lane runs along the northern boundary. The application site includes the field to the rear of the property Field 313105. #### The Proposal 2. The application seeks a Certificate of Lawfulness for the use of the field as residential garden for Alpines. #### Planning History 3. There was an application in 1996 for alterations and extensions to provide additional living accommodation (PA 96/00155/B), the application was approved. #### Development Plan Policies 4. The application site is partly zoned as "Predominantly Residential", this zoning relates to the dwelling and the original curtilage of the dwelling identified on the St Johns Local Plan 1999. The field to the rear which is also within the application site is outside the Local Plan Boundary. On the 1982 Development Plan the field is zoned as an Area of High Landscape or Coastal Value and Scenic Significance. #### Assessment 5. 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. 6. The evidence which has been provided is a copy of Chrystals sales particulars for the application site from 1993, an aerial photograph taken of the property in 2003 and photographs of the family using the space between 1995 and 2006. 7. The Chrystals sales particulars do ~~on to~~ say that the rear garden is approximately 1 acre. Under the section "outside continued" it goes on to describe as follows: 8. To the rear is an extensive garden area laid mainly to lawn with a variety of established shrubs and hedging. The entire plot totals approximately 1 acre and offers a considerable degree of privacy, patio area and greenhouse. ☑ 9. The family photographs and the aerial photograph taken in 2003 show that there are trees and shrubs planted in the field area to the rear of the property, however the planting of trees and shrubs does not require planning permission. In the photograph there does not appear to be any physical boundaries which separate the original garden from the rear field, however much of the domestic items such as the washing line, greenhouse and slide is within the area which was the original garden. 10. It is considered that the evidence provided is insufficient to demonstrate that the field has been used as part of the residential garden for a continual period in excess of ten years. 11. It is recommended that a Certificate of Lawfullness not be issued. ### Recommendation **Recommended Decision:** Refused **Date of Recommendation:** 01.02.2013 ### Conditions and Notes for Approval / Reasons and Notes for Refusal **C:** Conditions for approval **N:** Notes attached to conditions **R:** Reasons for refusal **O:** Notes attached to refusals ## **R 1.** The application documentation fails to demonstrate, on the balance of probability, that the land to the rear of "Alpines" has been used as part of the residential garden in excess of 10 years. 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:** Refused **Date:** 4 February 2013 ### 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/17396-german-alpines-curragh-road-st-johns-lawful-use-certificate/documents/1314278*