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Application No.: 22/01208/LAW Applicant: Mr Matthew & Mrs Lynda Ingham Proposal: Certificate of lawful development for erection of a tack room and feed store Site Address: Ballaclucas Farm Top Road Crosby Isle Of Man IM4 4HN Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Certificate of Lawful Use/Devel Approved Date of Recommendation: 22.11.2022
C : Conditions for approval N : Notes attached to conditions
C 1. There is sufficient evidence to demonstrate that the works to the building including an increase to its height, width and length, and the installation of smaller gable doors and side elevation door have all been in situ and installed for a period in excess of 4 years and therefore it is recommended that a Certificate of Lawful Development can be issued.
This certificate application relates to the following documents date received 15th September 2022:
None _____________________________________________________________________________
1.0 INTRODUCTION - 1.1 In accordance with the provisions of Schedule 4, Part 1, paragraph 3 of the Town and Country Planning Act 1999 ("the Act"), a development carried out in breach of planning control shall become immune from enforcement action after a certain period of time, provided that formal enforcement action has not already been taken. The relevant time periods are set out below:
1.2 Section 24 of the Act makes provision for the submission and issuing of a Certificate of Lawfulness to establish the lawfulness of a breach of planning control. - 1.3 An application for a Certificate of Lawfulness is determined on the basis of fact. Unlike an application for planning approval, it is not concerned with land-use planning considerations or the impacts of the development upon the public realm. - 1.4 The principal test is whether, on the balance of probabilities, the breach of planning control has occurred continuously for the given period. The burden of proof rests with the applicant and their evidence must be both precise and unambiguous. If the Planning Directorate has no evidence of its own to contradict that provided by the applicant, then provided that the applicant's evidence is sufficiently precise and unambiguous, a Certificate of Lawfulness may be issued. It is not usually necessary for the Planning Department to corroborate the applicant's evidence.
2.0 APPLICATION SITE - 2.1 The application site relates to part of a stable building outlined in red on the site and location plans provided and forming part of Ballaclucas Farm, Top Road, Crosby. - 2.2 The building originally formed part of a stables application approved under PA 14/00005/B, but was recognised as part of 21/00438/B that part of the building providing a feed and tack store had not been built in accordance with the approved plans. - 2.3 The part of the building specific to this CLAW was built taller and wider than originally approved (dims provided below) and installed with different doors on the end gable and new sliding door on the side gable. It also appears to have been built slightly longer: Changes to building
3.1 A Certificate of Lawful Use is sought for: o regularising the feed store and tack room part of the stable building as referenced in
2.3 above and which was not built in accordance with the original approval. - 3.2 The application has been submitted with the following evidence (in no order):
3.3 The application form compiled by the applicant states that the operation started 'Spring 2014' in line with 14/0005/B. - 4.0 PLANNING HISTORY
4.1 The original tack/feed store part of this CLAW was originally approved as part of 14/00005/B for alterations and extensions to stables and conversion of feed store and open bay to create two additional stables (partial retrospective) - Approved 13th Feb 2014 subject to two conditions: C1. The development hereby permitted shall commence before the expiration of four year from the date of this notice. C2. The development hereby permitted shall not be carried out except in full accordance with the following plans PlO-01, PlO-02 and PlO-03 received on 6th January 2014. - 5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Braddan Parish Commissioners - No objection (21/10/2022). - 6.0 ASSESSMENT
6.1 This is an application seeking a Certificate of Lawful Development, and therefore it is not a matter of considering the planning merits of the scheme but rather a legal determination based on the facts to establish whether the stated operations are established and lawful by period of time and therefore beyond the scope of enforcement action. The test of the evidence is based on the balance of reasonableness and probabilities. In this instance, the applicant seeks to rely on the fact that the development in question has been undertaken for a period in excess of 4 years to establish that the development can be considered lawful, as set out in Part
6.2 The supporting statement includes a number of photographs from the applicants personal photo archive and from their personal social media page. These images show a variety of time stamps dating 02nd March 2017 and 8th May 2017 personal photos, and two social media Facebook photos dated 16th November 2014. There is also another image of the building and adjacent smaller timber stables but this is not dated. - 6.3 There are two aerial of the site taken 2015 and 2018 which show the building in question being built. The angle and shadowing of these aerial gives the impression of a structure which is taller than the adjacent stables and appearing bigger than the detail approved in the 2014 application. - 6.4 In taking all of the dated photograph information provided in the supporting statement between 2014 - 2017 and coupled with the aerials dated 2015 and 2018, that on a balance of probabilities of the evidence available that it is considered that the works to this part of the building have been situ for a period in excess of 4 years.
7.1 In view of the above, it is recommended that a Certificate of Lawful Development can be issued for the works to the feed and tack room. - 8.0 INTERESTED PERSON STATUS
8.1 As the application is for a CLU this is not required to be assessed. There is no right to appeal against this decision.
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Certificate of Lawful Use/Devel Approved Date: 22.11.2022 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner
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