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OF A SEPARATE DWELLING 00486
Mr. \& Mrs. F N Child (Previous Owner's Deceased Parents) - Original Bungalow Builders, Owners \& Occupants Mrs. MHE Phillips \& Mr. CA Phillips (Current Owner's Deceased Parents) - Subsequent Owners \& Occupants Mr. CE Phillips (Current Owner's Son) - Current Occupant
1995 - Addressed to Mr. \& Mrs. F N Child for $£ 73.18$ 1998 - Addressed to Mr. \& Mrs. F N Child for $£ 89.96$ 1999 - Addressed to Mr. CA Phillips for $£ 98.10$ 2000 - Addressed to Mr. CA Phillips for $£ 106.27$ Upon the Death of Mr CA Phillips, in 2003, separate rates continue.
1998 - Addressed to Mr. CA Phillips 1999 - Addressed to Mr. CA Phillips 2000 - Addressed to Mr. C Phillips
1998 - CALOR GAS - Mrs. HE Phillips - $£ 138.65$ 1998 - CALOR GAS - Mr. CA Phillips - $£ 65.47$ 1998 - CALOR GAS - Mr. CA Phillips - $£ 117.13$ 1998/9 - CALOR GAS - Mr. CA Phillips - $£ 173.09$ 1999 - CALOR GAS - Mr. CA Phillips - $£ 142.96$ 1998 - CALOR GAS - Mr. CA Phillips - $£ 74.08$ 1999 - CALOR GAS - Mr. CA Phillips - $£ 175.25$
The Bungalow has a Rates Property Code: 374289 , and is classed rateable Bungalow, on it's own merit.
The neighbouring Laurel Mount Cottage (next to Tearoom) has a separate Rates Property Code: 148468. We enclose a copy of the separate rates demands of both dwellings of the same year, 1995.
Note the different owner-occupiers to which the rates are demanded from: Mr \& Mrs FN Child 1995 - Bungalow Mr \& Mrs OJ Turner 1995 - Cottage
NB: The Treasury (Rates Section) have only been keeping Rates Demands Records since 1997.
We include a Paper Demand from 1995 - 2 years prior to the start of computer record keeping. It is most probable, therefore, to assume that The Bungalow continued to be rated as a Separate Dwelling even before this date.
31st March 1998 to 9th July 2001 - Mrs. M Phillips - 6 Invoices
Issued 03.04.96 : Recognition of the Patients Official Address - Mr. CA Phillips
11 Aug. 1997 - To Mrs HE Phillips - from : Gelling Johnson Farrant, Advocates \& Notaries Public 24 July. 1998 - To Mr. CA Phillips - from: Simcocks, Advocates \& Notaries Public
1st Aug. 1997 - Mrs HE Phillips - Consultant Surgeon A.D Green, F.R.C.S
20th August 1996 - Mrs. HE Phillips - from Sergeant KP Bradford
The Bungalow, Glen Duff, Lezayre
Isle of Man Law Society - Conveyancing Committee's Recommended "Pre Contractual Enquiry Form" Copy of Original Enclosed - Please refer To Section 8 (a) A transcript of relevant exerts follows below:
(a) Since 6th July 1973 has the Vendor or any previous owner, carried out any alterations or additions to the property and if so did such alterations or additions require planning consent, building regulations approval or bye-law approval? 8 (a) (ii) Additional Dwelling about 1985 (nb. The Bungalow) (b) What is the established use of the property under the Town \& Country Planning Acts? 'Two Separate Dwellings with Restaurant Facility, in so far as the vendors are aware.'
Advocates Correspondence with the Department of Local Government \& the Environment 5 February 1996 - Copy Enclosed
Outlining the Current Owners of the Bungalow and Cottage's views to what they were purchasing from the Vendors at the time, \& seeking assurance from the Department as regards general permitted usage: 'Our clients understanding, and that of the (then) vendors, is that the present established (\& presumed) permitted use of the property under the Town \& Country Planning Acts is as Two Separate Dwellings, with restaurant facility.' .... but the Dwellings have been used as such.' .... permit our clients to (continue) to use it as two Separate Dwellings and an unlicensed café/tea rooms. '
Legal Site History \& Ownership - PART ONE
By the Deputy Assistant Chief Registrar - on 2nd March 2009
See the attached Deeds Site Plan (Surveyors) - Note the Land \& Building outlined in RED. To the Right Hand Side is a semi-detached Dwelling otherwise named 'The Bungalow'. To the Left Hand Side is shown a former carpenters workshop.
In summary, The Bungalow was purchased by (Mr \& Mrs CA Phillips) independently for themselves. From Mr \& Mrs Childs. A Legal separate property lot purchased at $£ 32,260$ see deeds.
For reference, The neighbouring Cottage was purchased by (Mr \& Mrs RC Phillips) independently for themselves. From Mr \& Mrs Turner. A Legal separate property lot purchased at $£ 64,540$ see deeds.
NB: Deeds refer to the original name of the bungalow semi-detatched dwelling area (ie. Glen Duff Café or Laurel Mt Cottage) stemming from the 1986 Planning Application (attached) 86/00156/B permitting 'Staff Accomodation' which was then used as a Separate Dwelling.
THE SCHEDULE ONE DEED CLEARLY REFERS TO A 'SEMI-DETACHED DWELLING' (ie. The Bungalow) THIS IS SEPARATE AND IN ADDITION TO SCHEDULE ONE'S STATED SEMI-DETACHED DWELLING (THE COTTAGE)
The former café-owners parents (Mr \& Mrs Childs) subsequently took up residence in the new "Staff Accomodation" they applied for and built. Although clearly there were NOT staff, but the retired parents of the neighbouring Cottage. They established it as 'The Bungalow' semi-detached Dwelling \& even built a wind turbine supplying their own electricity for the bungalow (completion certificate available) and meter still installed in the Bungalow now.
Immediately thereafter it has continuously been used as a distinct, separate dwelling entity, upon the sale of The Bungalow (as part of Schedule 2) a new couple took up residence (Mr \& Mrs CA Phillips) thinking they had purchased a genuine separate semi-detatched dwelling in their own right. They then continued to use it as a separate dwelling on a host of legal and official documents/occasions/categorization, each time The Bungalow was stamped, refered to, rated as, \& conferred Recognised Status by VARIOUS Authorities (see evidence list) as 'The Bungalow'.
Furthermore upon the deaths of Mr \& Mrs CA Phillips, their grandson, Mr CE Phillips took up residence, and is still in residence, utilising the bungalows' separate electricity metre/gas metre/telephone. Crucially, the Bungalow remains today as a rated separately dwelling, continuously receiving mail addressed specifically to the property and it's occupants affairs.
separate BUNGALOW vendors AND purchasers
Dated 14th March 1996
("the First Vendor")
("the Second Vendor")
("the Third Vendor")
("the Purchasers")
INCL. EXPLANATORY NOTES FOR SUBSEQUENT. STAFF ACCOMMODATION / CAFÉ / COTTAGE MARKINGS
Vendor the Second Vendor and the Third Vendor respectively shall and will warrant maintain uphold and defend the same unto the Purchasers FREE FROM ENCUMBRANCES and from and against the claim challenge and demand of all and every person and person whomsoever.
IN WITNESS WHEREOF the parties hereto have executed these presents this the day month and year first before written...
ALL AND SINGULAR a certain parcel of land situate and partially abutting upon the North side of Lezayre Road at Glen Duff in the Parish of Lezayre and being represented (for identification purposes only) on the plan hereto annexed by the portion thereon delineated and edged in red TOGETHER with the semi-detached dwelling house and outoffices erected on some part thereof and all other buildings thereon erected and being called and known as Laurel Mount Cottage. IN ACCORDANCE WITH THE LAND'S ORIGINAL NAME. PRIOR TO THE ERECTION OF A NEW BUILDING (AS STAFF ACCOMMODATION) MERGING BY CONTINUAL USE INTO THE SEMI-DETATCHED DWELLING, & SINCE USED NAME (OF LONG STANDING) ie. "THE BUNGALOW"
ALL AND SINGULAR a certain plot of land situate abutting upon the North side of Lezayre Road in the Parish of Lezayre the same being represented (for identification purposes only) on the said plan hereto annexed by the portion thereon delineated and edged in blue TOGETHER with the semi-detached dwelling house formerly known as Laurel Mount Cottage but now called and known as Glen Duff.
EXTRACT FROM DEEDS - HIGHLIGHTED TO DEMONSTRATE THREE LOTS INCLUDING ONE FOR THE BUNGALOW [FRM. STAFF ACCOMMODATION]
hereinafter referred to as "the Green Land") having become entitled thereto by two several Deeds of Conveyance the one bearing date the 31st day of January 1992 from the First Vendor and the said Ivy Child and the other bearing date the 1st date of February 1996 from Robert Charles Corlett...
NOW THIS DEED THEREFORE WITNESSETH that the First Vendor the Second Vendor and the Third Vendor in consideration of the sum of ONE HUNDRED THOUSAND POUNDS (£100,000.00) payable by the Purchasers as to THIRTY TWO THOUSAND TWO HUNDRED AND SIXTY POUNDS (£32,260.00) to the First Vendor for the Red Land as to SIXTY FOUR THOUSAND FIVE HUNDRED AND FORTY POUNDS (£64,540.00) to the Second Vendor for the Blue Land and as to THREE THOUSAND TWO HUNDRED POUNDS (£3,200.00) to the Third Vendor for the Green Land (the receipt of which respective sums the First Vendor the Second Vendor and the Third Vendor hereby acknowledge) DO HEREBY grant bargain and forever absolutely SELL AND CONVEY unto the Purchasers ALL AND SINGULAR the Red Land the Blue Land and the Green Land TOGETHER with all ways waters watercourses easements liberties rights members privileges and appurtenances thereto belonging or in anywise appertaining thereto or reputed or known as part
Duff Cafe or Glen Duff Restaurant and all other buildings thereon erected. SEE DEEDS MAP PLEASE NOTE THE PROTRUDING [SEMI-DET] EXTENSION TO THE TOP OF THE BLUE LINIATED LOT, WHEREUPON IT MERGES INTO THE RED LINE OF SCHEDULE ONE. HEREON IS ERECTED THE AFOREMENTIONED FRM. STAFF ACCOMODATION, & BY PROXY THE ESTABLISHED BUNGALOW
ALL AND SINGULAR a certain parcel of land (formerly two parcels of land) situate abutting upon the North side of Lezayre Road in the Parish of Lezayre the same being represented (for identification purposes only) on the said plan hereto annexed by the portion thereon delineated and edged in green TOGETHER with the workshops erected on some part thereof and all other buildings thereon erected.
SIGNED and DELIVERED by the First Vendor in the presence of :- Pete P. Wood. PETER R. WOOD TOUCHWOOD BAYR-NY HAVREY ANDREAS, ISLE OF MAN ADVOCATE & NOTARY PUBLIC
SIGNED and DELIVERED by the Second Vendor in the presence of :- Pete R. Wood. PETER R. WOOD TOUCHWOOD BAYR-NY HAVREY ANDREAS, ISLE OF MAN ADVOCATE & NOTARY PUBLIC
On a recent visit to The Bungalow by Planning Officer Anthony Holmes (3rd March 2009), The Officer concluded that based on our submissions, he accepted that it 'may be demonstrable that two residential units have been in existence on the site for over ten years. Under the terms of the Town & Country Planning Act 1999 this would mean that the use was exempt from enforcement action'.
Although The Bungalow, today, was originally built as Staff Accommodation, it was never used as such, by subsequent generations/purchasers. We consider this not good form, and bring your attention to the attached Simcocks Advocates letter of 5th Feb 1996 where we sought to have clarification of the Two Dwellings (the Cottage and the Bungalow).
Let it be known to the Committee that we do not condone the actions of the previous bungalow occupants, they built the bungalow as staff accommodation, and never using it as such, knowingly let it be bought, sold, and used in an official capacity as a separate dwelling for numerous years.
We consider it would be unjust however, to penalize ourselves, who sought clarification and understood we were purchasing two dwellings (which can clearly be seen from the attached Copy of the "Isle of Man Law Society - Conveyancing Committee's Recommended Pre Contractual Enquiry Form" in Section 8 (and transcribed on Page 3 of this Document) where the vendors assured us we were purchasing two dwellings as two separate couples.
We respectfully ask the committee to adhere to the above terms of the Town & Country Planning Act 1999, and upon the Officers determination that no enforcement action can be taken in lieu of continuous existence of well over 10 years of residential occupation, ask therefore for the issue of a Certificate of Lawfulness to resolve this matter effectively & finally legitimise the Bungalow's long established use as a residence, an evident semi-detached dwelling on many government records, as: The Bungalow, Glen Duff, Lezayre IM7 2AT.
We are convinced this is a special circumstance, and aware that the Committee does not issue Certification lightly, therefore we have endeavoured to include substantial evidence, collected over time and sourced at great trouble and background record searching.
Respectfully,
Mr RC & RM Phillips ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
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