Clause 7 Statement

112/003

13th May 2013

Planning and Building Control Division Department of Infrastructure Murray House Mount Havelock Douglas Isle of Man IM1 2SF

Dear Sirs

Re: Certificate of Lawful Use for Principal Dwelling, Ballacregga Farm, Marine Drive, Port Soderick

Please find enclosed three copies of each of the following regarding the above.

• Completed Form LAW 1.2(i) dated 13th May 2013
• Clause 7 Statement with appended supporting documentation

Further, please find enclosed a cheque in the sum of £240.00 as payment of the relevant Fee, as advised by Mr Thornley.

We hope that the enclosed is sufficient to permit that the Application is validated and processed but please do not hesitate to contact this office if you require further information or have any queries whatsoever.

Yours faithfully

John Wilson For and on behalf of Wilson Consulting Limited

architecture and design | property development | land procurement | project management | interior design

Clause 7 Statement for Application for Certificate of Lawful Use for Principal Dwelling, Ballacregga Farm, Marine Drive, Port Soderick

A Planning Application, 13/00239/B, seeking Approval for the demolition of the principal dwelling, a secondary dwelling and shed and the erection of a replacement dwelling with car port and associated landscaping at the above, was submitted on 25th February 2013.

The principal dwelling had been constructed subsequent to a Planning Application, 99/00595/B, which was Approved on 10th August 1999; Condition 3 of that Approval imposed an agricultural occupancy use of the dwelling. However, the dwelling has been occupied since it was completed in 2002 by the Turner family and none of the family is involved in agriculture. The head of the house, Peter Turner, continues to live at the property.

As a consequence and as part of the process of considering Planning Application 13/00239/B, the Senior Planning Officer, Sarah Corlett, consulted with the Development Control Manager (DCM) to ascertain how the demolition of the principal dwelling, having had the agricultural occupancy condition attached to the original Approval, would be best dealt with. The DCM advised that the best approach would be that an Application for a Certificate of Lawful Use (residential) should be submitted and determined before the Planning Application is considered on its remaining merits; Miss Corlett advised Wilson Consulting accordingly and, as a consequence, this Application has been submitted further to that advice.

There are a number of Appendices attached, summarised below, with the intention of supporting the Application and providing proof that Peter Turner:-

a) has lived at the property since it was constructed in 2002, and b) he has not been employed in agriculture during that time

Appendix 1 Location Plan

Appendix 2 Rate Demands for Principal Dwelling from 2008 – 2013 inclusive

A copy of a hand written note from The Treasury is included to confirm that no Demands were issued prior to 2008; there is no explanation provided for this. It is noted that the description of the property is ‘House’, not ‘House – agriculture’.

Appendix 3 Letter from Manx Telecom dated 24th April 2013

Letter confirming that a telecom service has been provided to Peter Turner at the Principal dwelling since 21st November 2002.

Appendix 4 Letter from Manx Electricity Authority dated 19th April 2013

Letter confirming that an electricity supply has been provided in the name of Peter Turner from 11th February 2002 to 14th May 2008. The owner of the property is Ballacregga Estates Limited, part of a Trust structure, and the change in supply to that entity is no doubt related to that.

Appendix 5 Letter from DEFA dated 4th May 2010

Confirmation that the owner of the property, Ballacregga Estates Limited, was registered as an Agricultural Business. As previously advised, this is in relation to rearing Loaghiae sheep as part of lifestyle, rather than commercial, basis.

Appendix 6 Income Tax Return & Resident Assessment Notice for the Tax Year 2011/2012

Both documents confirm that Peter Turner received no income from Agriculture (or, indeed, any source as he lives off capital) during that Tax Year. Similar documents can be provided for other years, if required.

Consequently, as the principal dwelling has been occupied since 2002 by someone not involved in Agriculture, it is hoped that this Application for a Certificate of Lawful Use as residential use can be Approved and that the appended documentation is sufficient to support the Application.