27 October 2011 · Delegated
Land Adjacent To Ballacraine Cottages, Access To Smithy House From Peel Road, Ballacraine, St Johns, Isle Of Man, IM4 3lr
The application site on the northern side of Peel Road in St John's, German contains a single-storey detached building set within garden land. The applicant sought a certificate of lawfulness to formally confirm that the building's use as a dwelling was lawful. Planning history is relevant: a 1952 approval led to the neighbouring property Arfryn being built, and a 1968 approval (IDO 24942) permitted the conversion of a chinchilla breeding hut to a bungalow on or near the site, though no record of the original erection of the building itself was found. The site falls within a predominantly residential area under the St John's Local Plan. Under the Town and Country Planning Act 1999, no enforcement notice can be issued for a breach of planning control after four years from the date of the breach, which was a material consideration in establishing lawfulness.
The certificate was approved because the evidence supported the conclusion that the building had been used as a dwelling for long enough that its residential use was lawful and beyond enforcement. The four-year limitation period under the Town and Country Planning Act 1999 was a key legal basis, and the site's location within a predominantly residential area was consistent with that use.
St John’s Local Plan
the application site is located within an area designated as predominantly residential use
Town and Country Planning Act 1999
no enforcement notice may be issued in respect of any other breach of planning control, after the end of the period of four years beginning with the date of the breach