Loading document...
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.
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.
Recommendation Recommended Decision: Certificate of Lawful Use Approved Date of Recommendation: 15.06.2009 Conditions and Notes for Approval / Reasons and Notes for Refusal
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 predicated by the Department 19709 CR
09/09
I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), 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: 35/6/9
Signed:
Senior Planning Officer
Copyright in submitted documents remains with their authors. Request removal
