Town And Country Planning Act 1999 Certificate Of Lawful Use Or Development
The Department of Environment, Food and Agriculture hereby certifies that on the 3rd November 2021, 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, would have been 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 enlarged conservatory has been in situ for more than 4 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).
Schedule 1. Uses/Development to which this Certificate relates
The erection of an enlarged conservatory shown in the information received on 21st October 2021.
Schedule 2. The land to which the Certificate relates
Trollaby House Trollaby Lane Union Mills Isle Of Man IM4 4AW
Date 22nd December 2021
This decision was made by the Director of Planning and Building Control under the delegated authority afforded by Government Departments Act 1987.
Miss J Chance MRTPI Director of Planning and Building Control
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 would have been lawful, on the specified date and, thus, would not have been liable to enforcement action under section 26 of the 1999 Act on that date.
3. This certificate applies only to the extent of the matter described in Schedule 1 and to the land specified in Schedule 2 and identified on the attached plan. Any matter which is materially different from that described or which relates 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.
