Officer Report and Recommendation

Case Officer: Miss Laura Davy Photo Taken: Site Visit: Expected Decision Level: Officer Delegation

Officer's Report

Introduction

1. This application seeks approval for a Certificate of Lawfulness for the conversion of the floor above the detached garage. It is considered that there is sufficient evidence to demonstrate that this development has been there is excess of four years.

The Site

1. The application site is the curtilage of Yn Rheash, Corlea Road, Ballasalla which is a detached dwelling within its own grounds.

The Proposal

1. The application seeks approval for a Certificate of Lawfulness for the conversion of the floor above the garage to living accommodation and alterations to the original building.

Planning History

1. The following previous applications are considered specifically material in the assessment of the current application:

PA 93/00078/B Construction of garage/store – permitted PA 94/00868/B Extensions to create additional living accommodation – refused PA 94/01813/B Extension to create additional living accommodation – refused PA 95/00297/B Alterations and extensions – permitted PA 97/00086/B Erection of conservatory – refused PA 97/00708/B Erection of front conservatory/porch – permitted PA 97/02151/B Erection of porch – permitted PA 07/01844/B Alterations and erection of extensions – permitted

Application No.:	12/01188/LAW
Applicant:	Nigel & Sarah Ormond-Smith
Proposal:	Application for a certificate of lawful development for conversion of floor above garage into living accommodation
Site Address:	Yn Rheash
Corlea Road
Ballasalla
Isle Of Man
IM9 3BA

PA 12/00542/C Additional use of accommodation over garage as tourist accommodation – application withdrawn

Development Plan Policies

1. The application site is in an area zoned as “whiteland/open countryside” identified on the 1982 Development Plan.

Consultations

1. Highways Division do not oppose as it has no adverse traffic management, parking or road safety implications.

1. Malew Commissioners do not object to this application.

1. The Department of the Environment, Food and Agriculture have commented on the application. Their comments are with regards to land ownership. They have instructed their advocate to make contact with the property owners to clarify the matter.

Assessment

1. The application seeks a Certificate of Lawfulness for the conversion of the upper floor of the detached garage building, and use of the building as living accommodation.

1. The assessment of an application for a Certificate of Lawfulness requires an examination of the information in order to determine whether there is sufficient evidence to demonstrate that the use of the building as living accommodation has been in excess of 4 years.

1. Under Schedule 4, Part 1, Section 3 (a) of the Town and Country Planning Act 1999, it says that no enforcement notice may be issued in respect of any breach of planning control consisting of the carrying out without planning approval of building, engineering, mining or other operations in, on, over or under land, after the end of the period of 4 years beginning with the date on which the operations were substantially completed.

1. Under Schedule 4, Part 1, Section 3 (b) of the Town and Country Planning Act 1999, it says that no enforcement notice may be issued in respect of a breach of planning control consisting of the change of use of any building to use as a single dwellinghouse, after the end of the period of 4 years beginning with the date of the breach;

1. The evidence provided by the applicant has to demonstrate that the building has been built as such and used for residential accommodation in excess of four years.

1. The applicant has provided evidence in the form of photographs, utility bills and a letter from the MHK for the area. They have also provided a letter confirming that the garage/accommodation has been used by the applicants themselves.

1. The building which relates to this application is the detached garage/store which is located to the rear of the main dwelling. The building was granted permission in 1993 and was built shortly afterwards. The building was to be used as a garage and store at ground floor level and storage at the upper floor level.

1. It would appear from our aerial photographs that building work was carried out shortly after receiving approval as the building appears on the 2001 photographs and seems to be complete including the dormers in the roof space.

1. The building as existing is similar to what was granted approval under the 1993 application. The building that is in place has a footprint approximately 8sqm larger than

what was approved, the dormers are in a slightly different position in the roof slope and the access is also different.

1. It is clear from the photographs provided as part of the application, and our aerial photographs that the building has been constructed as existing in excess of 4 years and the building works are therefore exempt from enforcement action.

1. The photographs provided by the applicant show the interior of the garage building which shows that there was a bathroom in place. The other photograph is of the exterior of the building which shows that there are curtains on the dormer windows which would suggest that the building was being used for residential purposes. The applicant believes that these photographs were from approximately the year 2000.

1. The applicant has provided a letter from Hon Graham Cregeen MHK, who, when working for the Isle of Man Post Office delivered post to the property. Within his letter it states "The main property at that address was in my opinion derelict and the new building was being occupied whilst the then owner investigated ways to restore the existing building". The letter suggests that the building has been used as residential accommodation since early 2000.

1. Another piece of information provided by the applicant is a utility bill from the Manx Electricity Authority; this demonstrates that there has been an electricity supply at the site since 1996. Whilst it does not break down whether the supply is to the main dwelling or the garage building, given that the main dwelling was considered to be uninhabitable this would suggest that the electricity supply would have been to the garage building.

1. The Department of Environment, Food and Agriculture have commented on the application and have queried the land ownership. Land ownership is not a material planning consideration and therefore is not a reason to refuse the application.

1. Taking the applicant's evidence into account it is considered that on the balance of reasonableness the building has been built, converted and used as living accommodation in excess of four years. Given the evidence provided it is likely that the building has been used as living accommodation since the year 2000.

1. It is recommended that a Certificate of Lawfulness be granted.

Recommendation

Recommended Decision: Certificate of Lawful Use Approved

Date of Recommendation: 31.10.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Certificate of Lawful Use Approved Date : 12 November 2012

Determining officer (delete as appropriate)

Signed : ... Anthony Holmes Senior Planning Officer

Signed : ... Michael Gallagher Director of Planning and Building Control

Signed : ... Sarah Corlett Senior Planning Officer

Signed : ... Jennifer Chance Development Control Manager