Town And Country Planning Act 1999 Certificate Of Lawful Use Or Development
The Department of Environment, Food and Agriculture hereby certifies that on the 5th February 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, was lawful within the meaning of section 24 of the Town and Country Planning Act 1999 for the following reason(s):
1) On the balance of probabilities, the evidence sufficiently demonstrates that the property has been occupied by someone other than someone "whose employment or latest employment is or was employment in agriculture on the Island and also including dependents of such person as aforesaid" for over ten 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) and it is recommended that a Certificate of Lawful Development is granted..
Schedule 1. Uses/Development to which this Certificate relates
Certificate of Lawful Use for removal of an agricultural occupancy condition
Schedule 2. The land to which the Certificate relates
New Bungalow Cooil Roi Farm Barroose Road Baldrine Isle Of Man IM4 6AP
Date 26th February 2021 This decision was made by a Principal Planner under the delegated authority afforded by Government Departments Act 1987.
A Morgan MRTPI Principal Planner
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 was lawful, on the specified date and, thus, was 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 use described in Schedule 1 and to the land specified in Schedule 2 and identified on the attached plan. Any matter which are materially different from those described or which relate 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.
