9 June 2010 · Delegated
Land At, Ballacashin Farm, Lane From Lanjaghan Road To Ballacashin Farm, Abbeylands, Isle Of Man, IM4 5eg
The building in question was originally constructed in 1987 as an agricultural implement shed under planning permission 87/00196/B. The owner, Mr G Owen, no longer actively farms, and the application asserted that for approximately 20 years the building had been used on a hobby basis to house a private collection of vehicles and implements, with no commercial activity. A site visit confirmed the building contained a significant collection of private vehicles and hobby-related material. The key legal question was whether there was sufficient evidence, on the balance of reasonableness, that the non-agricultural storage use had been in operation for more than ten years — the threshold under Schedule 4 Part 1 Paragraph 3(c) of the Town and Country Planning Act 1999, after which no enforcement notice can be issued. The officer noted that the applicant's written statement provided useful background but did not on its own constitute unequivocal evidence; however, the certificate was ultimately approved. A concurrent application (10/00469/B) to extend the building was deferred pending the outcome of this certificate application.
The certificate of lawful use was approved, meaning the authority was satisfied on the balance of evidence that the building's use for private storage had been in operation for more than ten years, placing it beyond the enforcement time limit under the Town and Country Planning Act 1999.
Town and Country Planning Act 1999
