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Application No.: 09/00486/LAW Applicant: Mr & Mrs Robert C Phillips Proposal: Application for a certificate of lawful use of extension as a separate dwelling Site Address: The Bungalow Adjacent To Former Lezayre Tea Rooms Glen Duff Ramsey Isle Of Man IM7 2AT Considerations Case Officer : Mr A Holmes Expected Decision Level: Senior Planning Officer Written Representations Seacliffe Old Castletown Road Ballaveare Braddan Interest expressed Woodside The Cresent Ramsey Isle Of Man Supports the proposal Touchwood Bernahara Road Andreas Isle Of Man Interest expressed Consultations Consultee : Highways Division Notes : Do not oppose Consultee : Lezayre Parish Commissioners Notes : Approve
The application site comprises a building (known as the Bungalow) that adjoins Sycamore House (formerly known as Laurel Mount Cottage & also known as Lezayre Tea Rooms), which is located on the northern side of Lezayre Road in the Glen Duff area of Lezayre.
The land subject of the application is defined by the red lines shown on the location plan and drawing no. DP1962 date stamped the 24th March 2009.
The application site and surrounding land has been the subject of a number of previous planning applications that are considered specifically material to the assessment of the current application:
Planning application 40865 sought approval for an extension to the cottage for use as farm produce shop & tea room. This previous planning application was approved, the development implemented and this extension forms part of the area currently used as part of the restaurant.
Planning application 43819 sought approval for a kitchen extension. This previous planning application was approved, the development implemented and this extension forms part of the area currently used as part of the restaurant operation.
15 June 2009 09/00486/LAW Page 1 of 3
Planning application 84/01202/B sought approval for an extension to the restaurant. This previous planning application was approved, the development implemented and this extension forms part of the area currently used as part of the restaurant operation.
Planning application 86/00156/B sought approval for an extension to provide staff accommodation. This previous planning application was approved, the development implemented and this extension forms the building that is the subject of this current application.
Planning applications 89/01307/B and 89/01410/B both sought approval for the construction of a conservatory and single garage. These two planning applications appear very similar and any differences are not immediately evident from the microfiched records. Both planning applications were approved, the development partially implemented and the conservatory forms the building that is the subject of this current application.
Lezayre Parish Commissioners recommend the application be approved. The Department of Transport Highways Division do not oppose the application. The owner and/or occupant of Seacliffe, which is located in Braddan, express an interest in the application. The owner and/or occupant of Woodside, which is located in Ramsey, support the application. The owner and/or occupant of Touchwood, which is located in Andreas, express an interest in the application.
In terms of land use designation the application site is not designated for any site specific purpose under the 1982 Development Plan Order, with the entire site being within a wider area of land that classified as being of high landscape value and scenic significance.
The application has been submitted due to an examination of the planning history and status of the application site and adjoining site establishing that planning approval did not exist for the use of the building as dwelling. It is the applicant's contention that the building has been used in a capacity that constitutes a dwelling (known as The Bungalow) separate to Sycamore House for more than ten years. The application seeks a Certificate of Lawfulness for the use of that building (built under previous planning applications 86/00156/B, 89/01307/B \& 89/01410/B) as a separate dwelling.
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.
In terms of submitted evidence, the applicant has provided i) extracts from title deeds; ii) known planning history documentation; iii) copies of property rate demands; iv) copies of utility bills (gas, telephone, television license); v) copies of relevant historic correspondence; and vi) a photographic survey of the building. Having reviewed the submitted evidence and sought further clarification from the applicant on a number of issues the following conclusions have been made.
Firstly, the title deeds from the purchase of the overall site by the applicant show the existence of The Bungalow. This is accepted as relatively clear evidence that the building was understood to be a separate dwelling as part of the applicant's purchase in 1992. Secondly, two separate property rates have been paid for Sycamore House and The Bungalow for over ten years, with submitted evidence showing payment from 1995. Furthermore, the Treasury have allocated two different rates property codes to Sycamore House and The Bungalow. Thirdly, the submitted utility bills show that services separate to Sycamore House have been provided to, and paid for, the building. Finally, letters of support have been received from persons who were associated to previous owners and occupants of The Bungalow and Sycamore House that support the applicant's stance that building has been used as separate dwelling for more than ten years. Overall, having
regard to the above it is considered that there is reasonable evidence to show that the building has been used a separate dwelling for more than ten years.
It is also considered pertinent to note that based on a site visit it is evident that the building is capable of, and is currently, being used as a separate dwelling to Sycamore House. It can be seen that residential curtilages are identifiable for Sycamore House and the application building as The Bungalow, and that each has separate means of vehicular access available to them. Whilst the building may be a modestly sized dwelling it would appear to clearly definable as a dwelling. Additionally, after consideration it is concluded that the fact that the current occupant of the building is the applicant's son, and therefore related to the occupants of Sycamore House, is not material to whether the building has been used as a separate dwelling for more than ten years. The building is self-contained and capable of use without reliance on Sycamore House. The financial arrangements behind its occupation by the applicant's son are not material. Indeed, the submitted evidence suggests that it has been occupied in such capacity by a number of different people since it was constructed circa 1986.
In conclusion, 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 building has been used as a separate dwelling, known as The Bungalow, 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: Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal 0 : Notes attached to refusals C 1. The submitted application contains evidence sufficient to demonstrate that the building and associated residential curtilage as defined in red on the location plan and drawing no. DP1962 date stamped the 24th March 2009 has been used as a separate dwelling, known as The Bungalow, for a period of time in excess of ten years. Further clarified by a site plan produced by the Department 17709
I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Recodure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made : Certificate of Lawful Use Approved Date : Signed : Senior Planning Officer
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