Application for a Certificate of Lawful Use for the use of property as an office
Site Address:
6 Kingswood Grove Douglas Isle Of Man IM1 3LX
Case Officer:
Mr Steve Stanley
Photo Taken:
Site Visit:
Expected Decision Level:
Officer Delegation
The Application Site
The application site is the curtilage of the building 6 Kingswood Grove, Douglas, a terraced property located on the western side of the street. The building has three floors and is served by a rear yard accessed from the service lane that runs between Kingswood Road and Osborne Grove.
The Proposal
The application is for a Certificate of Lawful Use for the use of the building as an office.
Planning History
The application site has been the subject of the following previous planning applications:
85/00315/A – Approval in principle to convert premises into permanent flats. Refused. 85/00693/B – Internal and external alterations to upgrade premises. Permitted. 91/01539/B – Renovation and upgrading of residential accommodation and stores. Permitted.
Planning Policy
The application site is designated as being Predominantly Residential Use by the 1998 Douglas Local Plan.
Representations
Douglas Borough Council
Assessment
The assessment of an application for a Certificate of Lawful Use requires an examination of the available information in order to determine whether there is either sufficient or insufficient evidence that, on the balance of reasonableness, the use has existed for more than ten years. Under Schedule 4 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 ten years beginning with the date of the breach.
In terms of evidence submitted by the applicant, the application is accompanied by the following:
A covering letter from the applicant.
An inventory of items in the property from 10th June 2002. The Centre for Manx Studies is shown as being the occupier of the building and each floor is referred to as an office.
A Statutory Declaration signed by the Director of the Centre for Manx Studies
Three leases for the building between the Manx Museum and National Trust (landlord) and The University of Liverpool (tenant). These date from 8th May 2001 through to 8th May 2010.
Copies of Rate Demands for the building for 2011/2012 which show the building being rated as offices and a store.
A letter from the Centre for Manx Studies dated 26th November 1992
The Planning Authority's evidence has been obtained by initially carrying out a planning history search of the site. The oldest record showed that application 85/00315/A sought approval in principle to convert the premises into permanent flats and this was refused. Planning application 85/00693/B sought approval for internal and external alterations to upgrade the premises and this was permitted. Finally, planning application 91/01539/B proposed the renovation and upgrading of residential accommodation and stores. This was permitted.
The only other representation to this application was from Douglas Borough Council which states that it does not object to the application.
The information presented by the applicant would seem to conclusively show that between November 1992 and May 2010 6 Kingswood Grove, Douglas was used as an office. Since this time the building would seem to have been vacant however no change of use has taken place in the period since then.
On the basis of this, and the leases dated from 8th Ma 2001, it is judged that on the balance of probability the site has been used as an office for a period exceeding 10 years.
Recommendation
It is recommended that the Certificate of Lawful Use is to be granted.
There is no provision to request an appeal against a decision for a Certificate of Lawful Use application and as such it is not necessary to determine Interested Party Status.
Recommended Decision: Permitted
Date of Recommendation: 13.02.2012
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
C 1.
The submitted application reference, PA 11/01758/LAW, contains evidence sufficient to demonstrate that:
(a) the property known as 6 Kingswood Grove, Douglas and its immediate curtilage (as defined in the plan attached hereto) have been used as an office for a period of time in excess of ten years prior to 21st December 2011.
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: Permitted Date: 21/2/12
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
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