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Application No.: 25/00711/LAW Applicant: Mrs Jillian Mary Creed Proposal: Certificate of Lawful Development for erection of a dwelling Site Address: Thie Ny Chibbyr Ballakeighan Corner Castletown Isle Of Man IM9 4LA Planning Officer: Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Certificate of Lawful Use/Devel Approved Date of Recommendation: 14.01.2026 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
C 1. On the balance of probabilities, the evidence demonstrates that the property known as 'Thie ny Chibbyr' has been occupied as a private dwelling by persons with no agricultural ties for a continuous period exceeding ten years. Accordingly, the development is immune from enforcement action under Schedule 4, Part 1, paragraph 3 of the Town and Country Planning Act 1999, and it is recommended that a Certificate of Lawful Use be granted.
Plans/Drawings/Information; This approval relates to the information received on 22nd July 2025 and 23rd July 2025, together with the additional documentation submitted on 24th November 2025.
_________________________________________________________________ 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:
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 Authority 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 comprises an existing dwelling known as Thie ny Chibbyr, located in proximity to Ballakeighan Corner at the junction of the A5 Castletown Bypass and the A28 Castletown Road, which provides a link between Ballakeighan Corner and Ballabeg. The property lies on the route of the Southern 100 motorcycle circuit. - 2.2 Vehicular and pedestrian access is taken directly from the A28, via a short driveway leading to an integral garage, with a small forecourt providing limited turning space to the front of the dwelling. The site boundaries are defined by established hedgerows, and the rear of the property accommodates a modest garden area which adjoins open agricultural land.
3.0 THE PROPOSAL - 3.1 The application seeks a Certificate of Lawful Use for use of property as an independent residence. - 3.2 The application states that the property has been consistently occupied by a nonagricultural worker for a period longer than 10 years (since July 2015). The application seeking the Certificate of Lawfulness was submitted on 27 July 2025. - 3.3 The applicants further state the following in their supporting statement:
former Local Government Board.
purchaser in 1988.
houses scheme, granted under Resolutions of Tynwald dated 6th February 1945 and 17th April 1946.
were non-functioning, and it came into operation on 1 April 1952.
the property may not be sold within the first ten years without having first been offered back to the Government and also that no further dwelling would be erected by the Government under the Agricultural Workers Tied Houses Schemes on land associated with Thie ny Chibbyr."
4.0 PLANNING HISTORY - 4.1 The site has not been the subject of any recent planning application.
5.0 REPRESENTATIONS - 5.1 Arbory and Rushen Parish District Commissioners support the application (27 August 2025). - 5.2 DOI Highways Drainage have made the following comments on the application (7 August 2025): Highway Act 1986 and section 11.3.11 of the Manual for Manx Roads.
that no surface water runoff is discharged onto the highway.
surface water will be appropriately managed within the site boundary.
6.1 The application has been submitted with the following evidence (in no order):
time, with the last starting occupancy since February 2021. These clearly state that they have not been agricultural workers.
exists for the property.
under the Agricultural Workers' Tied Houses Scheme, with Deeds confirming sale to a private purchaser in 1988.
unchanged since its original construction in the 1980s.
confirmed the dwelling was erected in compliance with regulations and that no enforcement action would be taken against subsequent purchasers.
documentary evidence supporting this claim.
occupied as a private dwelling by persons with no agricultural ties.
occupancy to agricultural workers.
6.2 Additional Evidence Submitted (November 2025):
children occupied the property.
bill in owner's name (£3.29).
occupied the property.
in owner's name (£10.81).
bills).
2020.
21/08/2015, amount £6.46.
25/09/2015, amount £109.50.
29/12/2015, amount £113.58.
invoice dated 10/02/2016, amount £143.16.
dated 13/09/2017, amount £3.29.
29/07/2020, invoice dated 04/08/2020, amount £105.70.
invoice dated 30/12/2020, amount £59.98.
dated 03/03/2021, amount £10.81.
invoice dated 15/11/2021, amount £408.32.
balance £335.72, multiple payments Oct 2021-Feb 2022.
invoice dated 01/08/2024, amount £155.93.
invoice dated 14/07/2025, amount £346.53.
7.1 The applicant seeks to establish that the land outlined in red has, since 1 July 2015, been occupied as a domestic residential dwelling without being subject to any agricultural occupancy condition originally imposed when the property was erected. The purpose of the application is to demonstrate a period of non-agricultural residential occupation of at least ten years, thereby rendering the development immune from enforcement action under Schedule 4, Part 1, paragraph 3 and Section 24(2) of the Town and Country Planning Act 1999, as set out in Section 1.0 of this report. - 7.2 The evidence comprises the original application documents and additional material submitted in November 2025. This includes a detailed timeline prepared by the owner, signed letters from successive occupants confirming dates of residence and non-agricultural employment, and a series of utility bills and telecom statements spanning the claimed period. Collectively, these documents form a consistent and corroborated evidence set. The timeline demonstrates continuous occupation from July 2015 to the present, with only two short void periods, July to August 2017 and January to early February 2021, both explained as intervals for cleaning and refreshing the property. Electricity bills in the owner's name during these gaps confirm that the property remained active and maintained, rather than abandoned. - 7.3 The signed letters provide clear statements of occupation and confirm that none of the occupants were employed in agriculture. These declarations are supported by independent documentary evidence in the form of utility bills and telecom accounts, which substantiate the dates of residence and demonstrate domestic use throughout the relevant period. The billing
8.1 The information provided is enough to establish that the change of use has exceeded 10 years and is considered immune from the issue of an enforcement notice. - 8.2 It is recommended that a Certificate of Lawful Use be issued in respect of the change of use from ancillary granny flat to independent residential unit.
9.1 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 a Principal Planner 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 and/or rights to appeal.
Decision Made : Certificate of Lawful Use/Devel Approved Date: 20.01.2026 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
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