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1.0 THE SITE 1.1 The site represents the curtilage of Shee Oil, Patrick Road, St John’s located on the southern side of the Patrick Road and southwest of St John’s Village. The site comprises of a single storey detached bungalow.
2.0 THE PROPOSAL 2.1 The application seeks permission for an Application for a certificate of lawfulness to confirm the lawfulness of the use of a building as a residential dwelling.
3.0 PLANNING STATUS 3.1 The application site is within an area recognised as being an area of ‘High Landscape or Coastal Value and Scenic Significance and woodland’, not zoned for development under the Isle of Man Development Plan Order 1982.
4.0 PLANNING HISTORY 4.1 The previous planning application is considered specifically material in the assessment of the current application:-
4.2 Erection of an agricultural workers dwelling – PA 31551 – APPROVED on 10th December 1971 with the following condition attached:- "The dwelling must be occupied by a farmworker or a person engaged in agriculture and such tenancy must be the subject at all times to enquiry and approval by the Planning Committee"
4.3 Installation of 1140 litre LPG tank – APPROVED - 90/01125/B
6.0 ASSESSMENT 6.1 The assessment of the application requires the examination of the information available in order to determine whether there is either sufficient or insufficient evidence, that on the balance of reasonableness that the agricultural workers dwelling has not been use as such, but as a residential dwelling for a continuous four year period from the date of the submission. Under Schedule Part 1, Paragraph 3 (b) of the Town and Country Planning Act
1999 no enforcement notice may be issued in respect of a breach of planning control consisting of the change of use of any building to use as a single dwellinghouse, after the end of the period of 4 years beginning with the date of the breach. 6.2 The applicant indicates that the property has been occupied by Mrs Kaye and family as a private residence, rather than being occupied by a person engaged in agriculture for a period of 26 years since 1986. She indicates that planning permission was granted for the property 10th December 1971 by her father Mr T Callin who owner and farmed Close Leece Farm. The property was made to provide accommodation for Mrs. Kaye and her late husband and family in order to provide farm labour and assist her father in the latter years of his working life. The farm was run as dairy and arable farm with a daily milk round. Mr T Callin (applicants father), retire in 1986 and the farm was occupied by Mr M Callin (applicants brother) and his family. Mr M Callin had his own family to help run the farm and my employment in agriculture ceased. Close Leece Farm on which land the property was built in 1972, was sold by Mr M Callin on 6th November 2009 and is no longer functioning as a working farm, The new owners are not employed in agriculture and lease the grazing to a neighbouring farm. Therefore the applicant considered the current ownership and the operation of Close Leece Farm would not be in any way affected by the use of the property as a private residence.
7.1 The applicant has submitted a various types of evidence, these include the following: a) A signed statement from Mr RM Callin who states that the applicant (Joyce Ena Kaye) has been residing at the property Shee Oil continuously since November 1972 until the present day. He goes on to state that her employment on Close Leece Farm ceased in 1986 when he (Mr RM Callin) took over occupancy with his family; b) A letter from IoM Government Income Tax Division (dated 23rd November 2012) which confirms her employment history and address since 1986 in respect of her and late husband according to their National Insurance records. The attached records do show that Mrs Kaye from 1985/86 through to 1998/99 had a number of jobs, however none related to agriculture. This is also the same for Mrs Kaye late husband who was mostly employed as a joiner. Confirmation has also been received that Mrs Kaye retires in 1998/99 period, hence why here employments records stopped in 1998/99. A correspondent with the Income Tax Division also confirms that Mrs Kaye has been in receipt of a state pension since 1996; c) A letter (dated 23rd November 2012) from the MEA confirms that they have provided domestic electricity to Mrs J Kaye at Shee Oil since 14th February 2006. They indicated that unfortunately their computer system was changed since then and do not have any records of meter readings before this date as they have been archived; d) A copy of Rate Demands from the IOM Government for the last four years (April 2009 to April 2012) showing the amount due (Mrs J Kaye at Shee Oil) and the description of the property as a "Bungalow and garage". The Planning Authority have taken advice from the Treasure Division regarding to whether the property has every been rated as an agricultural dwelling and if so when did this change. The rates Division indicated the following; "The property Shee Oil, which was originally known as Close Leece Farm, was originally built in 1971/72 and was valued for rates purposes at the time of the last all island revaluation in 1972. The property was at that time valued as a private dwelling and has remained so to this date. It must have been the case that the occupant at the time of the valuation in 1972 was not engaged in agricultural and therefore it was valued as a private dwelling. It's possible that at some later stage a new occupant may well have been engaged in agriculture, but as we were never informed, it has remained for rates purposes as a private dwelling.
Usually if a property is valued as an agricultural dwelling then this would normally be reflected in the description on the rates demand .i.e. House(AG), however in the past this was not always the case." e) A set of copies of utility bills (MEA) to Mrs J Kaye at Shee Oil from November 2008 till June 2012. This show similar electricity units usage during these periods. 7.2 Visiting the site, it is clear the dwelling did not appear to be used in connection with the adjacent farm (Close Leece Farm) and its appearance was very domestic in nature.
8.1 Based on the detailed and varied evidence which has been submitted as part of the application, it is considered that on the balance of reasonableness it has been adequately demonstrated that the change of use of any building to use as a single dwellinghouse, period of time in excess of 4 years. As such it is recommended that the application be permitted and a Certificate of Lawful Development be issued.
9.1 It is considered that the development is lawful and as such a Certificate of Lawful Development should be issued. 9.2 The submitted application reference, PA 13/00101/LAW, contains evidence sufficient to demonstrate that: (a) The property known as Shee Oil, Patrick Road, St Johns (as defined in the plan attached hereto) has been used as a residential dwelling for a period of time in excess of 4 years prior to 30th January 2013.
Recommended Decision: Permitted
Date of 12.03.2013
Recommendation:
The submitted application reference, PA13/00101/LAW, contains evidence sufficient to demonstrate that the dwelling and its immediate curtilage as defined in the submitted site plan received on 30th January 2013 have been used as a dwelling house other than by an agricultural worker for a period in excess of four years prior to 30th January 2013.
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 : 15/3/13
Further noted that Mrs Kaye has not been in any employment since 1997.
| Signed : | Signed : |
| Anthony Holmes | Sarah Corlett |
| Senior Planning Officer | Senior Planning Officer |
| Signed : | Signed : |
| Michael Gallagher | Jennifer Chance |
| Director of Planning and Building Control | Development Control Manager |
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