11 September 2020 · Head of Development Management (Stephen Butler)
Marathon House, 2, Drury Terrace, Douglas, Isle Of Man, IM2 3hy
The application seeks confirmation that the 4-storey plus roof space terraced building at 2 Drury Terrace has been lawfully used as an HMO with 13 bedrooms accommodating up to 23 persons (single and double occupancy) across five levels with communal facilities.
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The officer determined that the application is not for planning permission but a legal test of whether the HMO use is established by over 10 years' continuous use, per Schedule 4, Part 1, Paragraph 3 …
Town and Country Planning Act 1999 immunity periods
Provides 10-year immunity from enforcement for breaches of planning control. Officer applied this to confirm HMO use cannot be enforced against if evidenced over 10 years. Tested against submitted evidence of use since 2001, with no contradictory information.
HMO Definition
Defines HMO as property occupied by 6+ people/separate households as main residence with shared facilities. Officer noted property meets this (13 bedrooms, 23 persons, communal areas), used to contextualise historical illegal operation of many guest houses as HMOs pre-2014.
Evidence confirmation
The evidence submitted, along with the information from other Departments/Divisions, suggest on the balance of probability that the property as shown in the submitted plans, has indeed been used as a 13 bedroom house in multiple occupation for a period in excess of ten years.
confirmed property rented as staff accommodation from 2001 to 2013
lived there since June 2013, operated as guest house/HMO continuously
multiple letters (2009-2011) describing premises as house in multiple occupation, not bona fide hotel/guest house
Historical Fire and Rescue Service correspondence from 2009-2011 regarding Marathon House, 2 Drury Terrace, Douglas, confirming it was previously a hotel but changed to staff accommodation or HMO not requiring a fire certificate under the Fire Precautions Act 1975, deemed illegal…
Key concern: current use as house in multiple occupation is illegal under Housing (Amendment) Act 1990
Isle of Man Fire and Rescue Service
the premises could instead be described as a house in multiple occupation; it is presently an offence under the Housing (Amendment) Act 1990 to let a house so as to be occupied by persons who do not form a single household; the current use of your premises does not fall within our current legislation; by providing you with this goodwill fire safety advice it does not condone the current illegal use of the premises
Conditions requested: fire alarm system tested weekly using different source of actuation; emergency lighting system tested monthly; all residents provided with instruction on actions in event of emergency
