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Application No.: 25/90337/LAW Applicant: Chris Dawson Proposal: Certificate of Lawful Use as an House in Multiple Occupation Site Address: Glencoe Summerville 6-8 Empress Drive Douglas Isle Of Man IM2 4LQ Planning Officer: Hamish Laird Expected Decision Level: Officer Delegation Recommended Decision: Certificate of Lawful Use/Devel Approved Date of Recommendation: 09.09.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
This application has been recommended for approval for the following reason.
Having assessed the above, on the balance of probabilities, the evidence provided clearly demonstrates that the 5-storey, red brick fronted former Hotel/Guest House premises at Glencoe Summerville, Empress Drive, Douglas, has been occupied continuously as House in Multiple Occupation for the period between at least 3rd July, 2015, until the present day in 2025. This is for more than 10 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 Use is granted.
This decision relates to application form and information date stamped received 4/7/2025 which includes the following information:
Throughout the 80's and early 90's, the business was a seasonal tourist guest house, offering guests dinner, bed and breakfast. Due to the continued reduction in Isle of Man tourism, we started to accept long term tenants, initially during thy out of season period moving to a split proposition towards the end of the 90's.
In 2006, we closed the public bar and dining room areas, no longer accepting tourists and operated solely for longer term lets.
I am happy to attest that the Glencoe Summerville has solely operated as a HMO since 2006."
"The business has transitioned from a tourist guest house to accepting long term lets in early 2000s to ultimately stop accepting tourists in 2006. Please find enclosed, a letter from Visit Isle of Man dated 8th April, 2019 stating that the business was being operated as an HMO along with accounts showing profit and loss from 2015 to 2017 which evidences the same practises in these previous years.
I trust that this provides sufficient evidence of use for 10+ years however if anything further is required, please let me know.
A site location plan and dimensioned floorplan is also enclosed as required."
"Following on from our meeting with Kim and Chris on 27th March 2019 it was confirmed that Glencoe Summerville is currently operating as a HMO and not visitor accommodation.
As discussed, Kristian Cowin from Environmental Health will contact you via letter to confirm your options to register as a HMO with the Department of Environment, Food & Agriculture.
Chris mentioned in the meeting you would possibly like to explore the option of registering as a hostel. I have enclosed the information on this and the process you would be required to follow, however as mentioned you must n=be accepting visitors and not working o the current model.
As the operation has been identified as HMO, Visit Isle of Man cannot accept the 2019/2020 registration for Glencoe Summerville. I have enclosed the cheque received for this registration.
Should you have any queries, please do not hesitate to contact the Visit Isle of Man Team who will be happy to help."
6.2 Overall, the Planning Statement submitted on behalf of the applicant; Letter from Matthew Haddock from Onford Ltd Trading as Wright Haddock and Co Accountancy and Tax Agent; the submitted accounts for the period 2015 - 2017; covering letter from the applicant; floorplan layout; and, Letter enclosed from Visit Isle of Man dated 8th April, 2019, confirming that Glencoe Summerville is currently operating as a HMO and not visitor accommodation, indicate that the premises have been operated as a HMO continuously during this period of time. - 6.3 In addition to the above, a search on Google Street Scene via Google Maps shows the application property as described with an image capture date of September 2010. A Notice shown in the Street View images posted in both the ground floor entrance porch and ground floor window to the left of the porch reads: "ACCOMMODATION AVAILABLE FROM £50 PER WEEK FREE INTERNET ACCESS LAUNDRY FACILITIES USE OF KITCHEN APPLY WITHIN OR TEL 01624 674977 470628"
_________________________________________________________________ Officer’s Report
1.0 INTRODUCTION - 1.1 The application seeks a Certificate of Lawful Development for the Certificate of Lawful Development for the erection of a dwelling. The application seeking the Certificate of Lawfulness was submitted on 04.07.2025. The advice contained in Paragraph 1.2 c) below applies, this means that the relevant 10 years for consideration is from 03.07.2015. - 1.2 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:
1.3 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.
1.4 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. - 1.5 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 Department 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 Authority to corroborate the applicant's evidence.
2.0 THE APPLICATION SITE - 2.1 The application site is Glencoe Summerville, 6-8 Empress Drive, Douglas, Isle Of Man, IM2 4LQ, which is a 5-storey, terraced property located on the north-west side of Empress Drive, Douglas, within the settlement boundary for the City.
3.0 THE PROPOSAL - 3.1 The application seeks approval for the certificate of lawfulness for the Use of the property as a House in Multiple Occupation, albeit in reality it seeks to establish the long-term residential usage of property. From the submission it appears that the use of the property as a House in Multiple Occupation, commenced 2006, as advised in the applicants covering letter received 28/3/25, in which she advised that "we closed the public bar and dining room areas, no longer accepting tourists and operated solely for longer term lets". The submitted information in support of the application indicates that the applicant has used the property as a House in Multiple Occupation, since this date.
4.0 PLANNING HISTORY - 4.1 There is no planning site history for this property recorded on the DEFA Planning system.
5.0 REPRESENTATIONS - 5.1 No representations had been received by the report drafting stage (9/9/25).
6.0 ASSESSMENT / SUMMARY OF EVIDENCE PROVIDED - 6.1 In terms of whether the property has been used as a House in Multiple Occupation for more than 10 years from the date of submission the Department considers that it has. The evidence submitted comprises the following:
Throughout the 80's and early 90's, the business was a seasonal tourist guest house, offering guests dinner, bed and breakfast. Due to the continued reduction in Isle of Man tourism, we started to accept long term tenants, initially during thy out of season period moving to a split proposition towards the end of the 90's.
In 2006, we closed the public bar and dining room areas, no longer accepting tourists and operated solely for longer term lets.
I am happy to attest that the Glencoe Summerville has solely operated as a HMO since 2006."
"The business has transitioned from a tourist guest house to accepting long term lets in early 2000s to ultimately stop accepting tourists in 2006.
Please find enclosed, a letter from Visit Isle of Man dated 8th April, 2019 stating that the business was being operated as an HMO along with accounts showing profit and loss from 2015 to 2017 which evidences the same practises in these previous years.
I trust that this provides sufficient evidence of use for 10+ years however if anything further is required, please let me know.
A site location plan and dimensioned floorplan is also enclosed as required."
As discussed, Kristian Cowin from Environmental Health will contact you via letter to confirm your options to register as a HMO with the Department of Environment, Food & Agriculture.
Chris mentioned in the meeting you would possibly like to explore the option of registering as a hostel. I have enclosed the information on this and the process you would be required to follow, however as mentioned you must n=be accepting visitors and not working o the current model.
As the operation has been identified as HMO, Visit Isle of Man cannot accept the 2019/2020 registration for Glencoe Summerville. I have enclosed the cheque received for this registration.
Should you have any queries, please do not hesitate to contact the Visit Isle of Man Team who will be happy to help."
6.2 Overall, the Planning Statement submitted on behalf of the applicant; Letter from Matthew Haddock from Onford Ltd Trading as Wright Haddock and Co Accountancy and Tax Agent; the submitted accounts for the period 2015 - 2017; covering letter from the applicant; floorplan layout; and, Letter enclosed from Visit Isle of Man dated 8th April, 2019, confirming that Glencoe Summerville is currently operating as a HMO and not visitor accommodation, indicate that the premises have been operated as a HMO continuously during this period of time. - 6.3 In addition to the above, a search on Google Street Scene via Google Maps shows the application property as described with an image capture date of September 2010. A Notice shown in the Street View images posted in both the ground floor entrance porch and ground floor window to the left of the porch reads:
"ACCOMMODATION AVAILABLE FROM £50 PER WEEK FREE INTERNET ACCESS LAUNDRY FACILITIES USE OF KITCHEN APPLY WITHIN OR TEL 01624 674977 470628"
6.5 The evidence provided clearly demonstrates that the 5-storey, red brick fronted former Hotel/Guest House premises at Glencoe Summerville, Empress Drive, Douglas, has been occupied continuously as House in Multiple Occupation for the period between at least 3rd July, 2015, until the present day in 2025. - 7.0 CONCLUSION
7.1 On the balance of probabilities, the evidence provided clearly demonstrates that the 5storey, red brick fronted former Hotel/Guest House premises at Glencoe Summerville, Empress Drive, Douglas, has been occupied continuously as House in Multiple Occupation for the period between at least 3rd July, 2015, until the present day in 2025. This is for more than 10 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 Use is granted. - 8.0 RECOMMENDATION
8.1 It is recommended that the application for a Certificate of Lawfulness is agreed. 9.0 INTERESTED PARTY STATUS
9.1 As the application is for a CLU this is not required to be assessed. _____________________________________________________________________________________________________
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: 10.09.2025 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
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