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Application No.: 10/01648/LAW Applicant: Mr Arthur Derek Radcliffe Proposal: Application for a certificate of lawfulness to confirm the lawfulness of the use of a building as a residential dwelling Site Address: - Harleys - Killane - Ballaugh - Isle Of Man - IM7 5BB ### Considerations Case Officer: Miss Laura Davy Photo Taken: ______________________________ Site Visit: ______________________________ Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consultee: Ballaugh Parish Commissioners Notes:** No objection
The application site is the curtilage of Harleys, Killane, Ballaugh. The existing property is a detached dwelling situated to the Eastern side of Killane (A10). The area is characterised by open, relatively level fields. There is some sporadic development northwards along both sides of the road in the vicinity of the application site.
The application seeks a Certificate of Lawful Use to confirm the lawfulness of the use of a building as a residential dwelling.
The following previous planning applications are considered specifically material in the assessment of the current application:
The above application was refused for the following reasons: "By reason of the size of the extension and the nature of the alterations proposed the development would increase significantly the level of built development on the site to the extent that the resultant dwelling would have a detrimental effect on the character and appearance of the area which has High Landscape and Coastal Value and Scenic Significance."
PA 05/00939/B Erection of replacement dwelling, driveway and vehicular access
13 December 2010 10/01648/LAW Page 1 of 3
The above application was refused for the following reasons: "The proposed residential development would be contrary to Planning Circular 1/88, Housing Policy 14 and Environment Policy 3 of the emerging Isle of Man Strategic Plan in that i) by reason of the siting, design, size and massing of the proposed development it would increase significantly the level of built development on the site to the extent the resultant development would have a detrimental effect on the character and appearance of the area which has High Landscape and Coastal Value and Scenic Significance; and ii) the proposed curtilage would amount to being a significant encroachment of a residential curtilage into the open countryside which will further diminish the openness, character and quality of the surrounding area which would cause demonstrable harm to visual amenities of the locality. The proposed entrances do not provide adequate visibility for vehicles leaving the site and therefore would be prejudicial to highway safety.
Ballaugh Commissioners have not commented Highways Division has not commented
The application seeks a Certificate of Lawful Use to confirm the lawfulness of the property as a residential dwelling. The application includes various paperwork such as the Deed June 1964-37 "the Kneen Conveyance", Deed of Conveyance 20th June 1989, Deed of Conveyance dated 1979 and the copy of Planning Permission dated the 20th April 1964.
Whilst there appears to be a deed of covenant restricting the site to a farm worker, the 1964 planning permission contains no such restriction, accordingly the lawful use of the property is as a dwelling house.
The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered an "interested person" and as such should be afforded party status.
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommended Decision: Certificate of Lawful Use Approved
Date of Recommendation: 13.12.2010
It is clear from the evidence provided that there were no specifica planning conditions attached to the planning permission dated 20th April 1964 for the land defined by the red line on the Site Plan dated the 8th November 2010.
I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer.
Decision Made : Certificate of Lawful Use Approved Date : Signed : Senior Planning Officer
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