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The application site comprises a parcel of land that contains an existing steel framed building adjacent to Ballacashin Farm, which is located in the Abbeylands area of Onchan.
The building contained within the application site was originally granted planning approval under previous planning application 87/00196/B.
Planning application 87/00196/B sought planning approval for the erection of a farm building on field 446, Ballacashin Farm, Abbeylands, Onchan. This previous planning application was approved on the 23rd March 1987. A copy of the decision notice for this previous planning application can be found on the file for the current application.
There is a concurrent planning application (10/00469/B) that seeks planning approval to extend the building. Consideration of this proposal is currently being deferred pending the outcome of this application for certificate of lawful use.
Onchan District Commissioners recommend that the planning application be approved.
In terms of land use designation the application site is not designated for any site specific purpose under the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000 Map No. 2, with the entire site being within a wider area of land that designated as open space.
The application seeks a certificate of lawful use of the building contained within the application site as a storage building, i.e. not agricultural as originally approved. A site visit undertaken as part of the assessment of the application confirmed that the building contains the applicant’s significant collection of private vehicles and hobby related material.
The assessment of the application requires an examination of the available information in order to determine whether there is either sufficient or insufficient evidence that, on the balance of reasonableness, the use has been in operation for more than ten years. Under Schedule 4 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.
The application was submitted with a statement setting out the background of the history and use of the building. This confirmed that the building was originally constructed in 1987 as an agricultural implement shed for use with the then existing farm. The ownership (Mr G Owen) of the building has not changed, although the applicant no longer actively farms. It is their assertion that the building has been used for the past 20 years on a hobby basis by the applicant and his son, who is partially disabled, primarily to house an extensive collection of domestic vehicles and implements. It is stated that there has been no commercial use of the building.
As the assessment of a certificate of lawful use has to be evidence based it was concluded that whilst this statement provided general background to the history and use it did not constitute unequivocal evidence to the support the use of the building for at least the last ten years. The need for such evidence was discussed with the applicant and their agent. It was accepted that providing such evidence may be problematic for the applicant and that if no alternative was available sworn affidavits would be considered. This request for evidence resulted in the submission of a sworn affidavit from the applicant, a sworn affidavit from a friend of the applicant, and a rate demand payable on the 1st April 2009. The sworn affidavits state that the building was never used for agricultural purposes and has been used to accommodate an extensive collection of private vehicles for at least the last 15 years.
In terms of evidence held by the Department it can be seen that the microfiched record of planning application 87/00196/B contains correspondence from 1989 that details an enforcement complaint and associated investigation. From the Planning Enforcement Officer's report it can be seen that on the 13th February 1989 the building was being used for non-agricultural purposes, with no agricultural equipment being stored within the building at that time. This supports the submitted affidavits. No further evidence relating to the building has been found with Department.
Taking the evidence submitted by the applicant and the evidence held by the Department into account it is concluded that on the balance of reasonableness it has been adequately demonstrated that the building has been used as for non-agricultural storage for a period of time in excess of ten years. As such, it is recommended that the application be permitted and that the Certificate of Lawfulness be issued.
Recommended Decision: Certificate of Lawful Use Approved
Date of Recommendation: 07.06.2010
The submitted application contains evidence sufficient to demonstrate that the building contained within the land defined by the red line on the location plan date stamped the 1st April 2010 has been used as a non-agricultural storage building for a period of time in excess of ten years.
I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer. Decision Made : Certificate of Lawful Use Approved Signed : __________________________ Senior Planning Officer
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