1 October 2024 · Delegated - Principal Planner (Jason Singleton)
Chesterfield, 4, Mona Drive, Douglas, Isle Of Man, IM2 4lg
The application sought confirmation that the mid-terrace 4-storey property with basement apartment at 4 Mona Drive, Douglas, has lawfully operated as a House in Multiple Occupation (HMO) with 16 rooms for up to 16 people, excluding the basement flat.
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The application is for a Certificate of Lawful Use under Section 24 of the Town and Country Planning Act 1999, requiring proof on the balance of probabilities that the HMO use has continued for over 1…
Evidence sufficiency for lawful HMO use
There is sufficient evidence to demonstrate that Chesterfield, No.4 Mona Drive has been used as a HMO of 16 rooms for up to 16 people, not including the basement self-contained flat, for a period exceeding 10 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).
Isle of Man Fire & Rescue Service letter from 2010 questioning if Chesterfield, 4 Mona Drive, Douglas is operating as an HMO rather than a bona fide hotel/boarding house, noting it would fall outside Fire Precautions Act scope and be an offence under Housing (Amendment) Act 1990.
Key concern: HMO use is an offence under Housing (Amendment) Act 1990 and outside Fire Precautions Act scope
Isle of Man Fire & Rescue Service
From observations made during the recent inspection, it does not appear that the premises are now being operated as a bona fide hotel or boarding house, and that the premises could instead be described as a house in multiple occupation.; It is also 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 and is therefore in multiple occupation, unless that house is a bona fide hotel or boarding house.; Accordingly, you should be aware that it is the policy of the Fire Service to make a report to the relevant local authority of any premises which appear to be houses in multiple occupation for the necessary enforcement action to be taken.
