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The application site represents the property 14 Clifton Terrace, located in Douglas. The property is a three-storey end terraced unit located in an established residential area.
The applicant has submitted a Certificate of Existing Lawful Use. The applicant claims that the existing property has been used as seven apartments for over 10 years, which will make the use become lawful in planning terms.
The application site is located within an area identified as 'Predominantly Residential' in the Douglas Local Plan Order 1998.
The property has had previous planning applications submitted which are not considered relevant to the proposed application:
87/01098/A – Approval in principle to the conversion of Guest House to office accommodation – Refused (1st January 1994).
The applicant has sent numerous documents with his application to support the notion that the property, 14 Clifton Terrace, has been used as seven apartments for a period in excess of 10 years. An affidavit has been submitted with the application confirming each document provided and confirming that the subject property was converted from a guest house into flats during 1999. The information provided with the deed is as follows:
In assessing whether a Certificate of Lawfulness should be issued in respect of this activity it is necessary for the applicant to demonstrate that the activity has been on-going at a similar level of intensity for ten years or more in accordance with the Town and Country Planning Act 1999 which states:
"PART 4 - ENFORCEMENT OF CONTROL 24.(1) Regulations may make provision for an application for, and the issue by the Department of, a certificate stating whether or not a) any existing use of buildings or land is lawful c) any operations which have been carried out in, on over or under land are lawful (2) For the purpose of this section - a) uses and operations are lawful at any time if - i) no enforcement notice may be issued in respect of them."
The Act goes on "(3) A certificate issued under this section in accordance with regulations A0 specifying the land to which it relates; b) describing the use, operations or other matter in question; c) giving the reasons for determining the use, operations or other matter to be lawful and d) specifying the date of the application for the certificate."
In this case the applicant has maintained a record of letters and bills at this property.
There is no evidence to suggest that the information which has been provided is incorrect or false and as such it is recommended that a Certificate of Lawfulness is issued in respect of the use of the site for seven apartments and an Enforcement Notice could not be issued as the time limit set out in Schedule 4 Part 1 3.c of the Town and Country Planning Act 1999 has expired.
In conclusion, it is considered that on balance, the affidavit and information submitted with it indicates a use that has been in existence for a period in excess of 10 years. As such, it is considered that the applicant has provided sufficient evidence to demonstrate enforcement action cannot be taken as the property has been used as seven apartment in excess of ten years.
REPRESENTATIONS
Douglas Corporation raises no objection to the Certificate of Existing Lawful Use.
RECOMMENDATION
For these reasons the proposal is considered acceptable and it is recommended that the planning application be permitted.
18 November 2009
09/01495/LAW
PARTY STATUS It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status.
Douglas Corporation
Recommendation
Recommended Decision: Certificate of Lawful Use Approved Date of Recommendation: 18.11.2009 Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
N 1. Sufficient evidence has been provided to demonstrate that the dwelling and its immediate curtilage, as shown on the map date stamped 9th September 2009, has been used for seven apartments and been in operation for a period in excess of ten years prior to the 18th November 2009.
I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made : Certificate of Lawful Use Approved Date : 19 November 2009
Signed : ______________________________ Senior Planning Officer
18 November 2009 09/01495/LAW Page 3 of 3
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