**Document:** Certificate of Lawful Use 21/00967/LAW
**Application:** 22/00673/CON — Registered Building consent for the installation of replacement windows RB 17 (in association with PA 22/00672/GB)
**Decision:** Refused
**Decision Date:** 2022-07-12
**Parish:** Malew
**Document Type:** decision / certificate_of_lawfulness
**Source:** https://planningportal.im/a/25476-malew-mannanan-house-market-square-registered-building-consent/documents/1582854
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# Certificate of Lawful Use 21/00967/LAW
:Reference:21/00967/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 25th August 2021, the matter described in Schedule 1 to this certificate in respect of the land specified in Schedule 2 to this certificate and edged RED on the plan attached to this certificate, were lawful within the meaning of section 24 of the Town and Country Planning Act 1999 for the following reason(s):
On the balance of probabilities, the evidence sufficiently demonstrates that the replacement windows have been 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).
NOTE Whilst the Certificate of Lawful Development addresses the issue of the grant of planning approval for works to a registered building, registered building consent for the works would need to be sought to ensure full compliance with the requirements of S15 of the Town and Country Planning Act 1999 for control of works affecting registered building, which requires that registered consent be sought for works for the demolition, alteration or extension of a registered building.
- Schedule 1 Replacement windows
- Schedule 2. The land to which the Certificate relates
Mannanan House Market Square Castletown Isle Of Man
Date 17th March 2022 This decision was made by a Principal Planner under the delegated authority afforded by Government Departments Act 1987.
A Morgan MRTPI Principal Planner
Department of Environment, Food and Agriculture, Planning and Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Tel 685950 email planning@gov.im
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 were lawful, on the specified date and, thus, were not 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 relate[s] 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.
Department of Environment, Food and Agriculture, Planning and Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Tel 685950 email planning@gov.im
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Library
Castle
Castletown Civic Centre
PC's
P.O.
Car Park
Union Hotel
Well
Gerorge
Hotel
The
Old
Mortuary
1-3
Town
Hal
Balcony
House
(PH)
Ko
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Bank
16
12
13
THE PARADE
Meml
TCB
6
1
7
2
5
9
8
Callow's Yard
1
2
Bank
Bank
5
9
Station
Supermarket
Rushen
Manannan House
War
(PH)
21/00967/LAW
Department Division/Office Case Reference
Date
DEFA
Isle of Man Government
17/03/2022
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/25476-malew-mannanan-house-market-square-registered-building-consent/documents/1582854*