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Application No.: 07/00855/LAW Applicant: Linda Kermode Proposal: Application for a certificate of existing lawful use of land as a campsite for motor homes Site Address: Cronkdhoo Farm Main Road Greeba Isle Of Man ### Considerations Case Officer: Mrs F Mullen Expected Decision Level: Delegation ### Written Representations ### Consultations {{table:169970}} Consulttee : German Parish Commissioners Notes : Comments received Consulttee : S.P.M.C. & E. Notes : Comments received Consulttee : Chief Fire Officer Notes : Comments received
The site represents two areas identified in pink to the north east of Main Road, Greeba, on a site identified as ‘Cronkdhoo’.
The site lies within an area that is not zoned for development within the 1982 Development Plan Order but is located within an area zoned as High Landscape Value and Scenic Significance.
The following previous applications relate to the application site:
PA 93/01240/C - Change of use of farmland to pet’s cemetery, Cronk Dhoo Farm, Greeba, German. Approved PA 94/00210/C - Change of use from dog kennels into cattery, Cronk Dhoo Farm, Greeba, German. Approved PA 94/1029/B – Conversion of stables to living accommodation and camp site shower block, Cronk Dhoo Farm, Main Road, Greeba. Approved PA 96/00898/B - Erection of an agricultural building and holding pen, Cronk Dhoo Farm, Main Road, Greeba, German. Approved
PA 01/00045/B - Alterations to agricultural building to enable additional use for campsite facilities and dog kennels, Cronk Dhoo Farm, Main Road, German. Application refused at Review and approved at Appeal.
PA 01/02682/B – Erection of cattery building. Approved at Appeal
PA 01/02682/B - Erection of cattery building, Cronkdhoo Cottage, Main Road, Greeba. Approved at appeal 2002.
PA 04/01443/B – Application for removal of an agricultural workers condition on former stables approved as a dwelling under 94/01029/B. Refused at Appeal.
PA 04/02377/R - Retrospective application for the levelling of part of field 314939 to provide improved campsite facility. Cronkdhoo Farm, Main Road, Greeba. Approved 2005
PA 05/01257/C - Change of use of area for a motor home parking site. Hardstanding Area Adjacent To Cronkdhoo Farm, Main Road, Greeba. Refused January 2006.
Requested now is a Certificate of Lawful Use for the use of land as a campsite for motor homes at Cronkdhoo Farm, Main Road Greeba.
The assessment of the application is separated into three areas, the evidence submitted by the applicant, submissions made by third parties and the evidence and information held by the Department.
The evidence submitted by the applicants amounts to five letters from former camper van campers who state that they have camped at the site, but without reference to the location within Cronk Dhoo, since 1995. In addition, Mr David Cretney MHK confirms that the Cronk Dhoo campsite has been registered with the Department of Tourism since 1993, and that he recalls seeing camper vans “parked adjacent to the premises over that period”. The applicant was contacted and advised that the submitted evidence was considered to be insufficient to undertake an assessment and that additional information, in the form of sworn affidavits, details of accounts indicating rents paid etc, and dated advertising literature, would enable a full assessment to be undertaken. Whilst additional letters were received, these merely queried the necessity to provide affidavits. No details of rents, accounts or advertising literature have been forthcoming.
German Parish Commissioners make comment in relation to the use, rather than submit evidence as to whether they are aware how long the use has taken place at the site.
The occupiers of Cronk Dhoo Cottage submit a detailed letter together with aerial photographs and photographs of camper vans. In addition, they submit three letters from residents and/or visitors to the Island who state that the site has not been in use for the parking of motor homes prior to 2000/2002.
The residents of Ash Cottage, Greeba comment on the evidence submitted by the applicant and state that five mobile units are occupied all year round on the site, however no date is submitted as to when these units were placed on the site.
A petition submitted by “Residents of Greeba” reiterates information contained on files held within the planning office in relation to planning approvals granted and investigations into the use of the site for camping. In addition, the letter states that motor homes, caravans and assorted trailers have been permanently rented out and occupied on the site since January 2006.
The occupier of Greeba Hall states that whilst there have been a number of uses on the site, they do not consider that motor homes have been parked on the site for a period of ten years.
The Society for the Preservation of the Manx Countryside and Environment comment on the application and state that on the evidence provided, it would seem difficult to refuse the Certificate.
The Isle of Man Fire and Rescue Service make comment in relation to a proposed use.
The use of land at Cronk Dhoo Farm as a campsite has been evidenced within the planning office through planning applications since 1995, in particular, PA 94/1029/B which sought approval for Conversion of stables to living accommodation and camp site shower block, without any restriction on the use. In 2001, a further planning application was submitted which sought approval for alterations to agricultural building to enable additional use for campsite facilities and dog kennels. At the time of that appeal decision, the Inspector stated: "As far as the use of the farm for camping is concerned, the Planning Committee has already acknowledged that such facilities existed when they gave planning permission for a shower block in 1994."
In 2004, planning permission was sought and granted for the levelling of part of field 314939 to provide improved campsite facilities at Cronk Dhoo Farm. Condition 2 of that approval stated that :
"2. The site may only be used for agricultural purposes or for the pitching of tents for camping purposes." With Condition 3 stating:
"3. All motor vehicles (which includes cars, and vans but excludes bikes) must be parked within the main yard area at Crondhoo Farm to the north east of the site."
On 3rd June 2003, the Planning Officer for the area wrote to Ms Kermode stating the following:
"When we were on site we noted the presence of 4 motor homes/camper vans which were being stored. You informed us that the largest of these vehicles (Registration Number FMN-513-Y) was being occupied by the owner on a permanent basis.
I have been directed to advise you that planning approval is required for the storage of such vehicles and the occupation thereof as well as any ground works which have taken place to facilitate these uses."
Such an application was submitted in July 2005 (PA 05/01257 refers) and refused on 13th January 2006 for the following reason:
The incremental growth of activities and buildings at Cronkdhoo is leading to
further such development, as now proposed, would add to the above concerns.
Any proposals for further development at Cronkdhoo should be accompanied by a Master Plan of the complete complex and proposals for satisfactory access, parking, drainage, and all other services.
Aerial photographs held by the Department indicate that motor homes have been on site since 2001.
Information held by the Department of Tourism and Leisure indicate that pitches for mobile homes have been available on the site from 2000.
Schedule 4 Part 1 (3) of the Town and Country Planning Act 1999 states:
"3. No enforcement notice may be issued –
As such, evidence would need to demonstrate that the site has been used as a campsite for motor homes for a period of 10 years prior to the date of submission of the application. It is considered that in the absence of sworn affidavits, details of rents, accounts or advertising literature submitted by the applicant, and the information and evidence held by the Planning Authority, evidence has not been submitted to sufficiently demonstrate that the use as specified in the completed application form has been in continuous operation for a period of 10 years.
As such, it is considered that the applicant has not provided sufficient evidence to demonstrate that enforcement action should not be brought as the time for the issuing of an enforcement notice in respect of the failure has expired, in accordance with Part 4. paragraph 24.2.b.1 of the Town and Country Planning Act 1999.
Recommended Decision: Certificate of Lawful Use Declined
Date of Recommendation: 09.12.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
R 1.
The submitted application reference, PA07/00855LAW, contains insufficient evidence sufficient to demonstrate that: (a) the site, Cronkdhoo Farm, Main Road, Greeba, German has been in use as a campsite for motor homes for a period of 10 years. As such, within a period of one month from the date of this decision, the applicant must:
i) cease the use of the site for the parking of motor homes and vehicles used for residential purposes (whether permanent or tourist use) and remove such vehicles from the site.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Certificate of Lawful Use Declined Date: 24/12/07
Signed: [Handwritten signature] M. I. McCauley Director of Planning and Building Control
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