**Document:** Certificate of Lawful Use or Development
**Application:** 21/00303/LAW — Certificate of Lawful development for the removal of a chimney stack and installation of replacement roof slates
**Decision:** Certificate of Lawful Use/Devel Approved
**Decision Date:** 2021-05-27
**Parish:** Braddan
**Document Type:** decision / certificate_of_lawfulness
**Source:** https://planningportal.im/a/23771-braddan-ballarich-1-salisbury-street-lawful-use-certificate/documents/1327445
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# Certificate of Lawful Use or Development
Reference:21/00303/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 19th March 2021, matter described in Schedule 1 to this certificate in respect of the land specified in Schedule 2 to this certificate and edged REDon 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 demonstrating that the chimney was not in situ and the replacement roof was in situ from April 2017.
- Schedule 1. Uses/Development to which this Certificate relates
On the balance of probabilities, the evidence sufficiently demonstrates that the chimney was not in situ and the replacement roof was in situ for more than 4 years and as such, the Department may not issue an enforcement notice due to the provisions of Town and Country Planning Act 1999 Schedule 4 Part 1 paragraph 3(a).
- Schedule 2. The land to which the Certificate relates
Ballarich 1 Salisbury Street Douglas Isle Of Man IM2 3HS
Date 27th May 2021 This decision was made by a Principal Planner under the delegated authority afforded by Government Departments Act 1987.
###### C Balmer MRTPI Principal Planner
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 matter 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 matter described in Schedule 1 and to the land specified in Schedule 2 and identified on the attached plan. Any matter 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.
|DOUGLAS
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Clinic
New Health Centre
MURRAYSROAD
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Church
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DEFA
Planning & BC
Department Division/Office Case Reference
Date
DEFA 21/00303/LAW
Isle of Man Government
27/05/2021
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/23771-braddan-ballarich-1-salisbury-street-lawful-use-certificate/documents/1327445*