9 October 2020 · Delegated - Principal Planner Chris Balmer
Notus Lodge, Ballaquaggan Farm, Douglas Road, Ballasalla, Isle Of Man, IM9 3ad
The proposal sought confirmation that a detached garage within the curtilage of The Lodge had been lawfully used as ancillary living accommodation for the required period (at least four years). The garage measures 9.6m by 8.4m, with 2.5m eaves height and 6.9m ridge height, and includes internal rooms like kitchen, bedr…
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The officer concluded there was insufficient evidence to demonstrate the garage had been used for ancillary living accommodation (or any living accommodation) for the required four-year period under t…
Environment Policy 1
Policy presumes against development in areas not designated for a particular purpose. Noted as contextual but merits of use not at issue in Lawful Use application; tested eligibility for conversion under related policies but building lacks historic, social or architectural interest required by ENV16/HP16.
General Policy 3
Sets presumption against development in undesignated areas on Area Plan for the South. Mentioned alongside ENV1 as site context, but not directly tested as focus is evidentiary requirements for certificate.
Environment Policy 16
Allows conversion of outbuildings to residential uses if of historic, social or architectural interest, inter alia. Garage not considered to meet this threshold, though policy merits secondary to evidence of use.
Housing Policy 16
Provisions for outbuilding conversions to residential, requiring historic etc. interest. Similar to ENV16; officer noted garage ineligible but primary issue was lack of use evidence.
