16 May 2025 · Delegated
Field 130562, Kella Road, Sulby, Isle Of Man, IM7 3bx
The applicant sought a Certificate of Lawful Development for existing buildings and structures already in place at Field 130562, Kella Road, Sulby, Lezayre. The application was a legal determination under the Town and Country Planning Act 1999, not a planning merits assessment — the question was whether the structures had been in place long enough to be beyond the scope of enforcement action. Evidence submitted included site plans, as-built drawings, a measured survey, photographs taken in June 2024, and letters from the applicant detailing the history of use. The officer assessed that the sheds and structures were clearly buildings used in connection with agricultural land, which under Section 6(3)(C) of the TCPA 1999 does not require planning permission. On the balance of reasonableness, the evidence supported issuing the certificate. Lezayre Commissioners objected, noting the structures had never been formally approved and did not appear habitable, but habitability was not the relevant legal test for this type of application.
The certificate was approved because the legal test — whether the structures were established and lawful by period of time — was met on the balance of the evidence. The officer noted that the sheds are buildings used for agricultural purposes, which is exempt from planning control under the TCPA 1999. The certificate covers the physical structures only and does not imply any lawful non-agricultural use of the site or buildings.
Certificate of Lawfulness
provision for the submission and issuing of a Certificate of Lawfulness to establish the lawfulness of a breach of planning control
