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Application No.: 15/01394/LAW Applicant: Peter Bernard Gorton Proposal: Application to make lawful the use as an self contained apartment Site Address: Flat 4 4 Windsor Mount Ramsey Isle of Man IM8 3EA Case Officer : Mr Chris Balmer Expected Decision Level: Officer Delegation
1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage Flat 4, No. 4 Windsor Mount, Ramsey, a three and half storey Victorian end terraced property sited on the western side of Windsor Mount
2.0 THE PROPOSAL - 2.1 The application seeks approval for a Certificate of Lawful Use as a self-contained apartment (flat 4) within No. 4 Windsor Mount.
3.0 PLANNING HISTORY - 3.1 Planning approval was refused in 1997 for the creation of second floor balcony and installation of doors and windows to balcony. The address for this application was Flat 4, No. 4 Windsor Mount, Ramsey i.e. the application property.
4.0 REPRESENTATIONS - 4.1 The Ramsey Commissioners have no objection (received on 22.01.2016).
5.0 ASSESSMENT FOR CERTIFICATE - 5.1 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 probability the development has been in excess of 10 years. Under Part 4, Paragraph 24 (ai) 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 10 years beginning with the date of the breach.
6.0 EVIDENCE - 6.1 The applicant has submitted rate demands, a copy of deeds of the purchase of Flat 4, No. 4 Windsor Mount, Ramsey in 1997 and the original lase for the flat in 1988 together with flat registration certificate dated 1987. - 6.2 Further evidence includes Rates Bills from the IOM Government - The Treasury, Utility Bills (Manx Gas, MEA, Manx Utilities, Manx Telecom) and Management company correspondence which dates back some 20 years. There is also a letter from the Estate Agents (Crystals) which confirms the sale of the property in 1997.
7.0 ASSESSMENT - 7.1 In assessing whether a Certificate of Lawfulness should be issued in respect of this activity it is necessary for the applicant to demonstrate that the activity has been on-going at a similar level
of intensity for ten years or more in accordance with the Town and Country Planning Act 1999 which states:
"PART 4 - ENFORCEMENT OF CONTROL 24(1) Regulations may make provision for an application for, and the issue by the Department of, a certificate stating whether or not…a) any existing use of buildings or land is lawful…c) any operations which have been carried out in, on over or under land are lawful…(2) For the purpose of this section - a) uses and operations are lawful at any time if - i) no enforcement notice may be issued in respect of them."
7.2 The Act goes on "(3) A certificate issued under this section in accordance with regulations A0 specifying the land to which it relates; b) describing the use, operations or other matter in question; c) giving the reasons for determining the use, operations or other matter to be lawful and d) specifying the date of the application for the certificate." - 7.3 In this case the applicant has provided a variety of information which dates back to 1988 when it appears the property was first used as a self-contained flat. It is also noted that the Planning Department accepted a planning application in 1997, without raising the issue that no planning application had ever been received to allow the building to be subdivided to create selfcontained flats. - 7.4 There is no evidence to suggest that the information which has been provided is incorrect or false and as such it is recommended that a Certificate of Lawfulness is issued in respect of the use of part of the property being used as a self-contained apartment (flat 4) within No. 4 Windsor Mount and an Enforcement Notice could not be issued as the time limit set out in Schedule 4 Part 1 3.c of the Town and Country Planning Act 1999 has expired.
8.0 RECOMMENDATION - 8.1 In conclusion, it is considered that on balance, the information submitted with it indicates a use that has been in existence for a period in excess of 10 years. As such, it is considered that the applicant has provided sufficient evidence to demonstrate enforcement action cannot be taken as part of the property has been used as a self-contained apartment (flat 4) within No. 4 Windsor Mount in excess of ten years.
Recommendation Recommended Decision: Permitted Date of Recommendation: 12.02.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
C 1. The submitted application reference, 15/01394/LAW, contains evidence sufficient to demonstrate that the property has been used as a self-contained apartment (flat 4) within No. 4 Windsor Mount as defined in the submitted location plan received on 23rd December 2015 for a period in excess of ten years prior to that date.
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 24.02.2016 Determining officer
Signed : J CHANCE Jennifer Chance Head of Development Management
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