12 November 2012 · Development Control Manager (delegated authority)
Barroose House, Barroose Road, Baldrine, Isle Of Man, IM4 6ar
The application sought a Certificate of Lawful Use for retaining a portakabin and two storage containers sited around a marquee in the curtilage of Barroose House, a large detached dwelling on a hillside overlooking Baldrine Road.
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Certificates of Lawful Use are assessed solely on submitted evidence proving continuous existence for 4+ years, after which enforcement action is not possible under the Town and Country Planning Act 1…
Environment Policy 1
Protects countryside (land outside settlements or not designated for development) from adverse development unless overriding national need. Site is Open Space/Agricultural Use per Laxey and Lonan Area Plan 2005. Policy noted but not tested as lawful use determination is evidence-based only, not merits of development.
Environment Policy 21
Restricts animal-related buildings in countryside if detrimental to character by siting/design/size/finish. Relevant to Isle of Man Strategic Plan but not applied as certificate assesses existing use immunity from enforcement, not policy compliance.
Evidence confirmation
The submitted application reference, PA12/001253/LAW, contains evidence sufficient to demonstrate that the Portakabin and two containers as shown by the plans HLK/12/0124 2, HLK/12/0124 3 and HLK/12/0124 4 all received on 11th September, 2012 have been in situ for a period in excess of four years prior to 11th September 2012.
Do not oppose; has no traffic management, parking or road safety implications
Recommend approval subject to Planning Committee approval
Highways Division has no objection to application 12/01253/LAW as it has no traffic management, parking or road safety implications. Lonan Parish Commissioners recommend approval.
Department of Infrastructure Highways Division
No ObjectionDo not oppose has no traffic management, parking or road safety implications
Lonan Parish Commissioners
Supportthe Board recommends approval of the above Planning Application. This is subject to the approval of the Planning Committee of the Department of Infrastructure.
