28 January 2026 · Delegated
Thie Ny Chibbyr, Ballakeighan Corner, Castletown, Isle Of Man, IM9 4la
The application concerned Thie ny Chibbyr, a dwelling at the junction of the A5 Castletown Bypass and the A28 Castletown Road, on the route of the Southern 100 motorcycle circuit. The applicant sought to establish that the property had been occupied as a domestic residential unit, free from any agricultural occupancy condition, continuously since 1 July 2015. Under Schedule 4, Part 1, paragraph 3 and Section 24(2) of the Town and Country Planning Act 1999, ten years of such use renders the change immune from enforcement action. The evidence included a detailed owner-prepared timeline, signed letters from successive occupants confirming residential use and non-agricultural employment, and utility bills and telecom statements covering the full period. Two short void periods — July to August 2017 and January to early February 2021 — were explained as intervals for cleaning and refreshing the property, with electricity bills in the owner's name during those gaps confirming the property remained active. The officer found the evidence consistent, corroborated, and sufficient to confirm more than ten years of non-agricultural residential occupation, and recommended issuing the certificate for the change of use from ancillary granny flat to independent residential unit.
The certificate was approved because the evidence — signed occupant letters, utility bills, and telecom records — collectively demonstrated continuous non-agricultural residential occupation since July 2015, exceeding the ten-year threshold required for immunity from enforcement under the Town and Country Planning Act 1999.
Town and Country Planning Act 1999
Town and Country Planning Act 1999
