Certificate - Certificate of Lawfulness
EJC:Reference:25/00275/LAW
Town And Country Planning Act 1999 Certificate Of Lawful Use Or Development
The Department of Environment, Food and Agriculture hereby certifies that on the 25th March 2025, the matter described in Schedule 1 to this certificate in respect of the land specified in Schedule 2 to this certificate and edged RED on the plan attached to this certificate, was lawful within the meaning of section 24 of the Town and Country Planning Act 1999 for the following reason(s):
1) There is sufficient evidence to demonstrate that windows instead of French doors to the lounge of "Reayrtyn Mie" have been in place for a period exceeding 4 years and 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).
- Schedule 1. Uses/Development to which this Certificate relates
The installation of windows in place of existing French doors to the lounge.
- Schedule 2. The land to which the Certificate relates
Reayrtyn Mie Qualtroughs Lane Ballafesson Port Erin Isle Of Man IM9 6TP
Date 8th May 2025 This decision was made by the Head of Development Management under the delegated authority afforded by Government Departments Act 1987.
S BUTLER S Butler MRTPI Head of Development Management
Notes
- 1. This certificate is issued solely for the purpose of section 24 of the Town and Country Planning Act 1999.
- 2. It certifies that the matter specified in Schedule 1 taking place on the land described in Schedule 2 was lawful, on the specified date and, thus, was not liable to enforcement action under section 26 of the 1999 Act on that date.
- 3. This certificate applies only to the extent of the matter described in Schedule 1 and to the land specified in Schedule 2 and identified on the attached plan. Any matter which is materially different from that described or which relate[s] to other land may render the owner or occupier liable to enforcement action.
- 4. The effect of the certificate is also qualified by the proviso in section 24(3) of the 1999 Act, which states that the lawfulness of a described use or operation is only conclusively presumed where there has been no material change, before the use is instituted or the operations begun, in any of the matters relevant to determining such lawfulness.