Town And Country Planning Act 1999 Certificate Of Lawful Use Or Development
The Department of Environment, Food and Agriculture hereby certifies that on the 23rd November 2020, the matter described in Schedule 1 to this certificate in respect of the land specified in Schedule 2 to this certificate and edged RED on the plan attached to this certificate, were lawful within the meaning of section 24 of the Town and Country Planning Act 1999 for the following reason(s):
1) Having assessed the application, it would appear the evidence provided sufficiently demonstrates that installation of replacement windows and doors and the installation of a replacement fire escape have been in place in excess of 4 years.
Schedule 1. Uses/Development to which this Certificate relates
The installation of replacement windows and doors and the installation of a replacement fire escape have been in place in excess of 4 years, as such, the Department may not issue an enforcement notice due to the provisions of Town and Country Planning Act 1999 Schedule 4 Part 1 paragraph 3(a) and it is recommended that a Certificate of Lawful Development is granted.
Schedule 2. The land to which the Certificate relates
43 Woodbourne Road Douglas Isle Of Man IM2 3AD
Date 15th January 2021 This decision was made by a Principal Planner under the delegated authority afforded by Government Departments Act 1987.
A Morgan MRTPI Principal Planner
Notes
1. This certificate is issued solely for the purpose of section 24 of the Town and Country Planning Act 1999.
2. It certifies that the matter specified in Schedule 1 taking place on the land described in Schedule 2 were lawful, on the specified date and, thus, were not liable to enforcement action under section 26 of the 1999 Act on that date.
3. This certificate applies only to the extent of the operations described in Schedule 1 and to the land specified in Schedule 2 and identified on the attached plan. Any matter which is materially different from those described or which relate to other land may render the owner or occupier liable to enforcement action.
4. The effect of the certificate is also qualified by the proviso in section 24(3) of the 1999 Act, which states that the lawfulness of a described use or operation is only conclusively presumed where there has been no material change, before the use is instituted or the operations begun, in any of the matters relevant to determining such lawfulness.
20/01325/LAW
Certfiicate of Lawfulness
7 1
Woodthorne
12a
Malvern
Christian
HILARYR
42.1m Norwood
5 9
5 7
Science
Banylane
Hilary
Park
ELEYSTREETLANE
Church
43.0m
4 7
Shelter
BERKELEYSTREET
Ro okery
4
5
T he
Freemasons Hall
ds
44.2m
n
Craigla
3 3
1
2
TCB
3 1
46.7m
2 9
De ntal S
rdBdy
Department Division/Office Case Reference Isle of Man Government DEFA 43 Woodbourne Road Douglas
A site location map displaying property boundaries and building footprints, with a red rectangle highlighting the subject property at 45 Berkeley Street.
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Source & Provenance
Official reference
20/01325/LAW
Source authority
Isle of Man Government Planning & Building Control
