DEC Certificate of Lawfulness
EJC:Reference:23/00305/LAW
Town And Country Planning Act 1999 Certificate Of Lawful Use Or Development
The Department of Environment, Food and Agriculture hereby certifies that on the 15th March 2023, 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 there is sufficient evidence to demonstrate that the rear wall and referred to in the information received on 09.03.2023 was demolished for a period exceeding four years (prior to 2019) 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
Unlawful breach and development in the demolition of a rear wall
- Schedule 2. The land to which the Certificate relates
5 Laureston Terrace Douglas Isle Of Man IM2 5DH Date 5th April 2023 This decision was made by a Principal Planner under the delegated authority afforded by Government Departments Act 1987. J Singleton 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 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.
