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The application seeks approval for a certificate of lawfulness to make lawful the use of a self contained residential dwelling.
The applicant has owned the site since 2001, and has indicated the separate unit (Chalet) was used as a self contained residential dwelling since that date. A building has been on the site since 1928 (submitted deeds). Whether this is the existing building it is unknown; however, from aerial plans the existing building has been in place as it stands today since at least 1983.
The building is a single storey detached building which has a low pitched roof. The property does appear as a residential dwelling, given the number of windows within the western elevation, all of which overlook the large concrete hardstanding area and towards a number of barns which are within the application site.
The application site forms the curtilage of Lower Glentramman Farm Chalet which is located on the eastern side of the Garey Road which is accessed via Lezayre Road which is to the south of the application site.
The applicant also owns Lower Glentramman Farm which comprises of a two storey dwelling house, a stone barn which has permission for tourist and residential use and a number of agricultural barns.
The previous planning application is considered relevant in the assessment and determination of this application:- Change of use from farm workers dwelling to private dwelling - Lower Glentramman Farm Cottage, Glen Tramman, Ramsey - 95/01043/C - REFUSED Installation of a gas bulk tank- Lower Glentramman Farm Cottage, Glen Tramman, Ramsey -09/01439/B - APPROVED
Lezayre Parish Commissioners have recommended an approval but make the following comments:"Although the Commissioners have approved this application they do not recall a change of use application for the chalet. From the report into the appeal for planning application number 06/00692C Appeal number AP06/0174 the inspector asked questions in relation to this building.
Quote "At the hearing I raised the question of a different building in the farmyard which from an external inspection, appeared not to be in agricultural use. I have now received further representations on this from the parties. The Planning authority have no record of planning permission ever having been given for its use for tourist accommodation, ancillary living accommodation or as a separate dwelling. The appellants have submitted information which they say demonstrates the use of "The Chalet" as a fully habitable dwelling for a period of at least four years, thus they say, it has a lawful use for that purpose".
Under Town and Country Planning, has a Certificate of Lawful Use for this building ever been applied for and approved?"
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 four years. Under Schedule 4 Part 1 Paragraph 3. (b) of the Town and Country Planning Act 1999 no enforcement notice may be issued in respect of any other breach of planning control, consisting of the change of use of any building to use as a single dwellinghouse, after the end of the period of 4 years beginning with the date of the breach.
In this case the applicant has maintained a detailed record of the usage of the building as a separate dwelling which will now be considered. The evidence provided forms deeds, location plans, utility bills, bank statements, telephone directories and letters stating occupancy of the unit as a separate dwelling.
The next evidence which has been submitted for the certificate of lawfulness is three letters. The first is from Miss Sadie Coop. She confirms that she moved into the Chalet in mid 2001. She explains due to the gas company wanting a large deposit, her parents had the account in their name, but she paid the direct debits. She confirms she had a telephone line and sky installed. Her parents paid for the water and electric.
She states that she moved to Larivane Meadows, however found it too much of a chore going backwards and forwards so moved back to the chalet after about 15 months.
She also indicates that as the Chalet was fully furnished, her friend stayed on several occasions to look after the animals (horses) when her parents were not at Lower Glentramman Farm.
She states that she has recently purchased a property in Sulby (May 2010) to ensure she is on the property ladder. She may decide in time to move back to the Chalet.
The second letter is from a Mrs C Nicholls (11 Marsden Terrace, Ramsey) who confirms she has stayed in The Chalet, Lower Glentramman Farm on various occasions when required to look after the horses on the site.
The third letter is from a Mr P B Yorston of Lower Glentramman House (5th February 2007). He states that the Chalet was used as temporary accommodation on occasional periods during his ownership of the main house. He also indicates that he was under the impression that it was used for accommodation by one of the previous owners Mr John Mack (deceased) who allowed Mr Alan Brophy to use it for this purpose.
The first bill included within the evidence is an electricity bill for the electric which has been supplied to the Chalet during a period in 2009 and 2010. The bill has been paid for by Mr Sadd who occupies Lower Glentramman Farm.
An email from Manx Telecom dated 20th October 2006 which states that a Miss Coop started the telephone line (818109) at the Chalet on the 22nd April 2002 and ceased it on the 25th August 2006.
A Manx Telecom bill from the 1st April 2006 addressed to a Miss S Coop of The Chalet, Lower Glentramman Farm.
An agreement to supply gas in bulk by means of a tank or cylinder from Manx Gas dated 18th March 2002.
A letter from Manx Gas confirming that a Mr Philip Sadd signed up for a gas supply at Lower Glentramman Farm, Chalet, on the 26th March 2006 and direct debits payments were made by the occupier, Sadie Coop.
A Manx Gas bill dated 30th June 2010. A detailed Manx Gas transaction history which runs from 26th March 2002 till 12th September 2006. A letter from Sky dated the 8th November 2003 confirms that sky services have been used by a Miss S Coop addressed to the Chalet.
An Isle of Man National insurance Deduction Card 2002/2003 which indicates a Miss Sadie Coop address was The Chalet, Lower Glentramman Farm.
A joint back statement from the Isle of Man Bank (Miss S Coop \& Mr P Sadd) addressed to The Chalet, Lower Glentramman Farm between the periods of 2008 and 2009.
A letter from HSBC which confirms The Chalet, Lower Glentramman Farm is the regular address which statements have been sent to since the account was opened on 3rd July 2001.
A Letter from Clerical Medical dated 6th December 2002 addressed to a Miss S Coop at The Chalet, Lower Glentramman Farm.
The Planning Authority also has evidence which proves the building in its current form dates back to 1983. Plans also show the building clearly from the aerial photograph taken in 2001, 2006 and 2009.
From the submitted deeds it is clear as far back as 1928 a building has existing on a very similar footprint.
The applicant has also submitted telephone directories (2003, 2004, 2005, 2006, 2009 \& 2010) which indicates an S Coop at The Chalet, Lower Glentramman Farm. Further telephone directories have been submitted by the applicant, which indicates that during the periods between 2002 and 2007 Mr Sadd lived at Lower Glentramman Farm. This indicates there were two separate telephone lines at two separate addresses within the Lower Glentramman Farm complex.
Advice has been seeked by the Attorney General's Chambers regarding whether the 4 year usage of the site, is required to be proven that it is a concurrent usage from the date of the certificate of lawfulness application.
Advice received indicates that section 24 of the T\&CP Act 1999 and at the T\&CP (Certificate of Lawful Use or Development) Regulations 2005, there is no reference to a requirement that the period under consideration must be that which immediately precedes the making of the application.
The Attorney General's Chambers continues to state; "Section 24(2) provides that uses and operations are lawful at any time if no enforcement notice may be issued in respect of them and they do not constitute a contravention of an enforcement notice then in force. In the case of a change of use of a building to a single dwelling house, paragraph 3 of Schedule 4 to the 1999 Act provides that the time limit for issuing an enforcement notice is 4 years.
In this case, it seems that it would not now be possible for an enforcement notice to be issued because there has been a 4 year period during which the property was in continual use as a single dwelling house. I do not see that the fact that such use has more recently become intermittent would change matters. Thus, I would take the view that the application can be granted."
Overall, based on the submitted evidence and understanding of the site it is concluded that on the balance of reasonableness it has been adequately demonstrated that The Chalet, Lower Glentramman Farm has been used as a single separate dwelling, for a period of time in excess of 4 years between 2002 and 2006. As such, it is recommended that the application be permitted and that the Certificate of Lawfulness be issued.
It is recommended that a Certificate of Lawfulness is issued in respect of the use of the building as a separate dwelling.
Recommended Decision: Certificate of Lawful Use Approved
Date of Recommendation: 30.09.2010
C 1. 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 12th August 2010 has been used as a separate self contained residential dwelling for a period of time in excess of four 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 Date : Signed : Senior Planning Officer
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