Certificate of Lawfulness for use as a HMO

Why Was This Approved?

• ✓HMO use established since at least March 2009, exceeding the ten-year lawfulness threshold
• ✓Statements from three current tenants with continuous residencies of up to nearly 16 years
• ✓Statements from 14 former tenants covering periods from April 2010 to July 2024
• ✓Financial records including profit and loss accounts and bank statements corroborating rental income
• ✓Previous certificate application refused, but applicant clarified improvement works did not interrupt occupation
• ✓Assessment based solely on the balance of probabilities from evidence, not planning merits

The application sought a Certificate of Lawfulness under section 24(2) of the Town and Country Planning Act 1999, confirming that the use of Waters Edge as an HMO of up to 18 residents had become lawful through more than ten years of uninterrupted use without planning permission. The property is a mid-terrace, four-storey building with a basement apartment on Central Promenade, Douglas. The owner stated they have held the building since October 2006 and that it has operated as an HMO since March 2009. The application was supported by statements from three current tenants with continuous residencies of between 7 and nearly 16 years, statements from 14 former tenants covering periods from April 2010 to July 2024, and financial records including profit and loss accounts and bank statements showing rent receipts. A previous application for a similar certificate had been refused, but the applicant clarified that improvement works carried out at the property were done only on unoccupied rooms and did not interrupt the overall HMO use. The officer concluded that the cumulative evidence was sufficient to establish, on the balance of probabilities, that the ten-year threshold had been met.

Under Isle of Man planning law, a use that has continued for more than ten years without planning permission becomes immune from enforcement action. The officer assessed only the evidence — not the planning merits of the HMO use itself — and found that tenant statements, financial records, and the owner's account together demonstrated on the balance of probabilities that the property had been used as an HMO for well over ten years. The certificate was therefore granted, confirming the use was lawful as of 26 November 2024.

Policies Assessed (4)

Planning History (2)

Documents (28 · 1 superseded)