**Document:** Application Statement for Lawful Use
**Application:** 20/00405/LAW — Certificate of Lawful Use for the siting of containers for storing of equipment and materials; a poly tunnel and open storage of materials to
**Decision:** Certificate of Lawful Use/Devel Approved
**Decision Date:** 2021-01-26
**Parish:** Lonan
**Document Type:** report / planning_statement
**Source:** https://planningportal.im/a/23180-lonan-ballamenagh-road-lawful-use-certificate/documents/1327395

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# Application Statement for Lawful Use

## Application Statement

February 2020
Rev 1 - 04 March 2020

### Application For Certificate Of Lawful Use For Citing Of Containers For Storage Of Building Equipment And Materials; A Polytunnel And Open Storage Of Materials And Larger Equipment.

For<br>Mr \& Mrs Mark Casson

Submitted by
Jacqueline N. Verduyn
Architectural Design \& Project Management

## Site Description & History

**The site:**
Field 614795, Ballamenagh Road, Baldrine

Please see site location plan included in the application

**Description of use:**
Citing of containers for storage of building equipment and materials; a polytunnel and open storage of materials and larger equipment.

**Commencement of use:**
October 2001

**Continued use:**
Use has continued uninterrupted from October 2001 until present

**Description of use:**
Since purchasing the site in 2001 the applicant has used it for the storage of builder's equipment and materials. The applicant is a builder and owns Building Services Ltd. The materials and equipment stored here are for his use in his own business and no trade takes place from this site.

There are two large containers and one medium sized container within which, surplus reclaimed timer, Welsh slates and reusable windows/doors are stored (please see photographs included in application). Additional building materials and larger equipment are stored in the open on the site.

**Materials stored on site include:**
Bricks, stone, concrete blocks, roofing materials—slate, concrete and clay roof tiles, sanware and pipework, bags of cement, stone and sand, reinforcing wire mesh and steel bars, timber, builders rubble.

**Equipment stored on site include:**
Cement mixers, scaffold, ladders, buckets, wheelbarrows and spades, and the site is used for parking for construction vehicles such as vans and trucks (please see photographs included in application).

### Polytunnel:

Currently on the site is the framework of an old polytunnel. The polytunnel was installed by the applicant for his wife, she grew tomatoes and salads as a hobby. The polytunnel plastic was blown off the tunnel approximately 3 years ago in a storm and has not been in use since then. The main use of the site, since 2001, has always been for the storage of building equipment and materials even when the polytunnel was in use.

### Site History:

To the knowledge of the applicant the site was used prior to 2001 for tipping of hardcore by the Isle of Man Government Highways Board.

It is also noted that the site has not been used for agricultural purpose in living memory, if ever, as the slope of the land has made it impractical for agricultural use. This is known to the applicant as his father in law used to manage the farm, of which this site was part, for many decades and used to hold the key for the Isle of Man Government Highways Board to tip building/highway hardcore.

### Photographs

Please kindly see below photos of the site. These include:

- Google Earth images (dated 2006, 2010, 2012 and 2018) showing the continuous use of the site as a builders yard
- Photographs taken at the site in 2001 when it was purchased by the Cassons. These photos show builders materials as well as old equipment which was left on site.
- Photographs taken on site on the 25th February 2020 showing builders materials and equipment as well as old equipment, builders rubble, bricks, roofing materials, sanware, wood and containers used for storage of builders material.
- Enclosed is also a letter written by Mr Casson (the applicant) in November 2004 to the Department of Local Government and the Environment referencing the photos taken as further evidence of the dating of photographs and state of the site.

Google Earth Image Dated 01/07/2006 shows the location of the two large containers and rows of building material stored. At that date there was also a horse riding arena adjacent to the containers.

Google Earth Image Dated 04/2010 showing the two large containers to the right, the medium sized container to the left, with various builders materials stored in front of the containers, the polytunnel and a construction vehicle.

![A Google Earth screenshot showing an aerial perspective of a rural site with a polytunnel and storage containers.](https://images.planningportal.im/2020/04/201328.jpg)

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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/23180-lonan-ballamenagh-road-lawful-use-certificate/documents/1327395*