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Case Officer: Miss Laura Davy Photo Taken: 13.05.2014 Site Visit: 13.05.2014 Expected Decision Level: Officer Delegation
1.1 The application site is the curtilage of the basement, 6 Sherwood Terrace, Douglas. 6 Sherwood Terrace is a mid-terrace property which has been converted from a guest house/hotel to residential apartments on the upper floors, the basement was to remain as storage.
2.1 The application seeks approval for a Certificate of Lawful Use for the conversion of the basement into an apartment.
3.1 The following previous applications are considered to be specifically material in the assessment of the current application: PA 93/00138/B Conversion into 5 apartments - approved PA 07/01641/B Installation of replacement windows - refused PA 10/01537/B Installation of replacement windows to front elevation - approved PA 11/00076/B Creation of a doorway from an existing window to front elevation - approved PA 13/91149/B Conversion of basement into an apartment - pending consideration
4.1 Highway Services of the Department of Infrastructure do not oppose.
5.1 The assessment of the application requires the examination of the information available in order to determine whether there is either sufficient or insufficient evidence, that on the balance of probability the development has been in excess of 10 years. Under Schedule Part 1, Paragraph 3 (c) of the Town and Country Planning Act 1999 no enforcement notice may be issued in respect of any other breach of planning control, after the end of the period of 10 years beginning with the date of the breach.
| Application No.: | 14/00488/LAW |
| Applicant: | David & Victoria Artus & Stuart Kearsley |
| Proposal: | Application to make lawful the conversion of basement into an apartment |
| Site Address: | 6 Sherwood Terrace Douglas Isle Of Man IM2 4EN |
6.1 The applicant has submitted a significant and varied amount of evidence including a letter setting out the history, statements from the owners and previous owners, electricity bills, phone bills and vehicle licence application form.
6.2 The phone bills are copies from Manx Telecom and they date from October 2000 addressed to the Basement Flat. The Manx Telecom bills are intermittent as the line was disconnected in 2004 as per the history provided by the applicant.
6.3 The electricity readings date from October 2000 up to January 2014 and area addressed Landlords, 6 Sherwood Terrace. The readings show that a different number of units have been used in every quarter which would suggest that someone was occupying the basement flat. The applicant have also provided a direct debit set up with the MEA for the Landlords flat which shows that the direct debit was set up in 2001 and paid monthly.
6.4 Minutes from an owners meeting in 2005 have been submitted, the minutes suggest that it was held in the basement flat and that discussion was held regarding the possibility of renting the basement out.
6.5 The Vehicle Licence Application Form has been addressed to the basement flat. There is also a notice from the Department of Transport addressed to the basement flat this letter is dated 20th April 2012.
7.1 The key issues to be assessed in the determination of this application are whether the information submitted is sufficient to demonstrate that the basement has been used as a residential apartment for such a period of time that it has become lawful.
7.2 The evidence which has been submitted shows that the basement has had a phone connection and electricity supply for some time. The readings which have been submitted for the electricity show this being from 2000 and show varying meter readings which suggest that someone has been in the property to use the electricity and has not stayed constant which would display no activity.
7.3 Having visited the site it appears that the premises has been used as a residential apartment for some time.
7.4 On the balance of reasonableness it is considered that a Certificate of Lawful Use should be granted for the use of the basement as a residential flat.
Recommended Decision: Permitted
Date of Recommendation: 27.05.2014
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions
R : Reasons for refusal
C 1.
The submitted application reference PA 14/00488/LAW, contains evidence sufficient to demonstrate that the basement of 6 Sherwood Terrace has been used as a residential apartment (as defined by the red line on site plan date stamped 17th April 2014) for a period in excess of 10 years.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.
Decision Made : Permitted Date : 23/5/14
Determining officer (delete as appropriate)
Signed : _________________________ Chris Balmer
Senior Planning Officer
Signed : _________________________ Michael Gallagher
Director of Planning and Building Control
Signed : _________________________ Sarah Corlett
Senior Planning Officer
Signed : _________________________ Jennifer Chance
Head of Development Management
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