DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00621/LAW Applicant: Mr Paul Ian Carey Proposal: Certificate of Lawful Use for the running of an operational centre and workshop Site Address: Ballasalla Farm Coast Road Jurby Isle Of Man IM7 3AS Planning Officer: Mr Hamish Laird Photo Taken: 14.06.2023 Site Visit: 14.06.2023 Expected Decision Level: Officer Delegation Recommended Decision: Certificate of Lawful Use Declined Date of Recommendation: 13.11.2023 _________________________________________________________________ R : Reasons for Refusal O : Notes attached to reasons Reasons for Refusal R 1. Having assessed the above, it would appear the evidence provided does not sufficiently demonstrate that the application site has been used as an operational centre and workshop for a period in excess of 10 years, as such, the Department may 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 should not be granted.

_______________________________________________________________ Interested Person Status – Additional Persons

N/A. _____________________________________________________________________________

Officer’s Report

1.0 INTRODUCTION - 1.1 In accordance with the provisions of Schedule 4, Part 1, paragraph 3 of the Town and Country Planning Act 1999 ("the Act"), a development carried out in breach of planning control shall become immune from enforcement action after a certain period of time, provided that formal enforcement action has not already been taken. The relevant time periods are set out below:

• a) in respect of a 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;
• b) in respect of a breach of planning control consisting of the change of use of any building to use as a single dwelling house, after the end of the period of 4 years beginning with the date of the breach;
• c) in respect of any other breach of planning control, after the end of the period of 10 years beginning with the date of the breach.

1.2 Section 24 of the Act makes provision for the submission and issuing of a Certificate of Lawfulness to establish the lawfulness of a breach of planning control. - 1.3 An application for a Certificate of Lawfulness is determined on the basis of fact. Unlike an application for planning approval, it is not concerned with land-use planning considerations or the impacts of the development upon the public realm. - 1.4 The principal test is whether, on the balance of probabilities, the breach of planning control has occurred continuously for the given period. The burden of proof rests with the applicant and their evidence must be both precise and unambiguous. If the Planning Directorate has no evidence of its own to contradict that provided by the applicant, then provided that the applicant's evidence is sufficiently precise and unambiguous, a Certificate of Lawfulness may be issued. It is not usually necessary for the Planning Department to corroborate the applicant's evidence.

2.0 APPLICATION SITE - 2.1 The application site relates to a detached workshop building and its surrounding land outlined in red at Ballasalla Farm, Coast Road, Jurby. - 2.2 The immediate area is surrounded by existing buildings comprising a dwelling house, converted stone barns and an "agricultural / industrial" styled building. The broader area surrounding these buildings is predominately hard standing for the majority.

3.0 THE PROPOSAL AND EVIDENCE SUBMITTED - 3.1 A Certificate of Lawful Use is sought for: o The running of an operational centre and workshop. - 3.2 The application has been submitted with the following evidence (in no order):

• o Drawing No. PCS - 008 Rev. A - Ballasalla Farm Map Plan
• o A series of six plans - including:

• Plan 1 - A site location plan showing field numbers and the extent of the operating centre hatched in red with access to the highway edged red; and, the property boundary edged in blue (scale 1:2,500);
• Plan 2 - An undated annotated aerial photograph showing the site and buildings thereon;
• Plan 3 - A site location plan showing field numbers and the extent of the operating centre hatched in red; the house outbuildings and storage edged red; and, the property boundary edged in blue (scale 1:2,500);
• Plan 4 - A site location plan showing field numbers and the point of access for the track serving the site onto the A10 Coast Road (scale 1:2,500); Plans 5 and 6 - A site layout plan in 2 parts at 1:500 scale showing field numbers and the extent of the operating centre hatched in red including the house outbuildings and storage area - all edged red; and, the property boundary edged in blue;

• o A letter from JCB Insurance Services Ltd dated 11 November, 2019, advising that the property owners insurance has been provided by JCB with the Policy in force since 15th June, 2005, for the 'Workshop situate at Ballasalla Farm, Jurby West, Isle of Man, IM7 3AS. This contains the Policy Schedule describing the buildings, machinery and stock in trade covered by the Policy;
• o An invoice dated 09/01/2009 from Keigs Agriculture Ltd for the supply of a 6-pack of 1721 hand towels and 20 litre container of JCB Anti-freeze;
• o A letter from Andy Walton of Snap-on-Tools Ltd dated 22/102019 confirming that he has delivered purchased goods to Ballasalla Farm Workshop on a weekly basis since he started trading as the Snap-on-Tools franchisee in 2007.
• o Completed Application Form

3.3 The application form compiled by the applicant states that the operation centre use started on 01/01/2005.

4.0 PLANNING HISTORY - 4.1 The application site has been subject to the following planning applications that are deemed materially relevant;

22/00449/B - Erection of detached portal frame building to provide Workshop space.- 'Pending Consideration'.

22/00024/B - Erection of side extension with roof terrace above and associated works - refused and Refused at appeal where the Minster noted the refusal reason as; R1. The proposed development would, if approved, be inconsistent with the existing proportion, form and appearance and harm the traditional design of Ballasalla Farm Cottage and would also harm the appearance and character of the Area of High Landscape Value contrary to Planning Circular 3/91 and Housing Policy 15, General Policies 2 and 3 and Environment Policy 2 of the Isle of Man Strategic Plan 2016.

18/00533/B - Erection of an agricultural building for the storage of machinery and implements Refused. R1. "The applicant has not provided adequate justification to demonstrate that the agricultural need for a new building is sufficient to outweigh the general policy against development in the countryside proposal. The proposal therefore conflicts with General Policy 3 of the Isle of Man Strategic Plan".

10/00949/B - Erection of a stable block to Field 214401. Approved with 2 conditions;

• 1. This permission relates to the erection of a timber stable block shown in drawings 01 Rev A, 02 Rev A and 03 Rev A received 10th September 2010.
• 2. The stables may be used only for the keeping of horses and shall remain incidental to the use and enjoyment of the property labelled Ballasalla Farm House on drawing 03 Rev A.

10/01573/C - Change of use of existing tourist accommodation to permanent apartments. Approved.

04/01957/B - Conversion of part of barn to two holiday accommodation units.

• 03/00634/A - Approval in principle for the conversion of part of barn to holiday accommodation.
• 03/00635/B - Extension to barn to form a granny flat.

02/01489/B - Extension to farm house to form additional living accommodation and erection of new implement and feed store.

5.0 REPRESENTATIONS - 5.1 None.

6.0 ASSESSMENT - 6.1 This is an application seeking a Certificate of Lawful Use, and therefore it is not a matter of considering the planning merits of the scheme but rather a legal determination based on the facts to establish whether the stated operations are established and lawful by period of time and therefore beyond the scope of enforcement action. The test of the evidence is based on the balance of reasonableness and probabilities. In this instance, the applicant seeks to rely on the fact that the use in question has been undertaken for a period in excess of 10 years to establish that the development can be considered lawful, as set out in Part 4, Section 24(2) of the Town and Country Planning Act 1999. - 6.2 The applicant has provided information in the application form, plans of the site and surroundings showing the extent of what they deem to be used as an 'operation centre', landholding and adjoining house; and documentary evidence in the form of letters from their insurer and 2 No. suppliers indicating that a business use associated with a workshop and operating centre has been carried out on site since at least 15 June 2008. which is for a period in excess of the required 10 years. - 6.3 Whilst the level of information submitted is limited and doesn't necessarily provide a full evidence of activity on site, turning to the aerial imagery throughout the years, this would give a snap shot in time of activity on site over the previous years. - 6.4 Reviewing the imagery from the IoM Governments, when cross checking from 2001; 2006; 2009; 2012; 2015; 2018,

• o 2001 imagery show the general area being green 'agricultural' land with only the dwellinghouse and barns on site.
• o 2006 shows the area evidencing a new 'agricultural/industrial' styled building and the surrounding area laid to hardstanding with signs of items being stored along the north eastern boundary.
• o 2009 again shows the 'agricultural/industrial' styled building in place and items along the north eastern edge of the field boundary and areas of storage now spilled into the adjacent field to the west and a stable building to the south west.
• o 2012 highlights the buildings in place, items stored along the boundary and bales of hay in the adjacent field. The formation of what appears a road adjacent to the southern boundary leading to the stables.
• o 2015 as above but much more intensification on site and further spilling into the adjacent field to the west and what appears as hard standing area (i.e. not a green field).
• o 2018 lesser storage of items to the north east boundary, further items in the adjacent field to the west and parked cars to the north elevation of the barns and east of the building.

6.5 In terms of the above imagery, to demonstrate 10 years of continued operational activity would have to be evidenced from 2003. Crucially the level of intensification and the additional building appears in 2006 (aerial imagery) whilst there is a void in aerial activity from 2001-2006, we can cross reference this with the planning history, namely 02/01489/B which approved on 12th December 2022 as an agricultural feed store and agricultural implement store in conjunction with the agricultural holding as stated on the application form.

6.6 On balance it is difficult to ascertain beyond the probability of doubt given the level of evidence provided and the time scale whether the use was in operation from early 2003 from the documentation provided, the planning history and aerial imagery cannot be said the building that was originally built for agricultural purposes has been used continuous for the last 10 years. As such, it is recommended that a Certificate of Lawfulness of Development should not be granted in respect of these works.

7.0 CONCLUSION - 7.1 Having assessed the above, it would appear the evidence provided does not sufficiently demonstrates that the application site has been used as an operational centre and workshop for a period in excess of 10 years, as such, the Department may 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 should not be granted.

8.0 INTERESTED PERSON STATUS - 8.1 As the application is for a CLU this is not required to be assessed. There is no right to appeal against this decision.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Certificate of Lawful Use Declined Date : 14.11.2023 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.