Certificate of Lawful Use as house in multiple occupation.

Why Was This Approved?

• ✓HMO use claimed for over 10 years, triggering immunity from enforcement under Section 24(2) of the Town and Country Planning Act 1999
• ✓Sworn affidavit provided as the primary evidence of long-standing HMO use
• ✓No contradicting evidence identified by the department or third parties
• ✓Balance of probability test applied rather than planning merits
• ✓Certificate covers up to 12 rooms and 12 persons on floors 1–3, with ground floor and basement as a self-contained flat

The property is a four-storey end-of-terrace building with a basement on Castlemona Avenue, Douglas. The applicant sought to establish lawfulness of the HMO use by demonstrating it had continued for at least 10 years, which under Section 24(2) of the Town and Country Planning Act 1999 renders the use immune from enforcement action. While much of the documentary evidence submitted did not directly demonstrate HMO use, the applicant provided a sworn affidavit — a legally binding document — attesting to the long-standing use. The officer found no contradicting evidence from the department or third parties, and on the balance of probabilities concluded the 10-year threshold had been met. The certificate was approved for occupation of up to 12 rooms and 12 persons across the first, second, and third floors, with the ground floor and basement remaining as a self-contained flat.

Because no evidence contradicted the applicant's account, and a sworn affidavit was provided, the officer was satisfied on the balance of probabilities that the HMO use had continued for more than 10 years. This makes the use immune from enforcement, and the Certificate of Lawful Use was approved.

Policies Assessed (1)

Planning History (4)

Documents (20 · 2 superseded)