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Application No.: 25/00958/LAW Applicant: Mr And Mrs David Middleton Proposal: Certificate of lawful use for storage and distribution (Class 2.4) Site Address: Land And Buildings Adjacent To Close Lake Bungalow Jurby Road Andreas Isle Of Man IM7 2EJ Principal Planner: Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 14.11.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
C 1. The evidence sufficiently demonstrates that the use for storage and distribution (Class 2.4) of the site, which is the land (hardstanding area shown on drawing SM25/637/1) and buildings (annotated Nrs 1, 2 & 3 on drawing SM25/637/1) to the east and adjacent to Close Lake Bungalow, Jurby Road, Andreas and has been in use/in place for more than 10 years and as such, the Department may not issue an enforcement notice due to the provisions of Town and Country Planning Act 1999 Section 24 and Schedule 4 Part 1 paragraph 3(a).
On the balance of probabilities, the evidence sufficiently demonstrates that the use of the site (hardstanding and buildings) for storage and distribution (Class 2.4) have been in a continued use for at least 10 years.
This decision relates to the submitted information contained within the submitted Planning Statement including photographs, invoices, letters/emails, Aerial photograph and letter from the applicants and other supporting information all received on 10.10.2025.
_________________________________________________________________ Officer’s Report
1.0 INTRODUCTION - 1.1 The application seeks a Certificate of lawful use for storage and distribution (Class 2.4). - 1.2 In accordance with the provisions of Schedule 4, Part 1, paragraph 3 of the Town and Country Planning Act 1999 ("the Act"), a development carried out in breach of planning control shall become immune from enforcement action after a certain period of time, provided that
formal enforcement action has not already been taken. The relevant time periods are set out below:
1.3 Section 24 of the Act makes provision for the submission and issuing of a Certificate of Lawfulness in this case; "Regulations may make provision for an application for, and the issue by the Department of, a certificate stating whether or not —
1.4 An application for a Certificate of Lawfulness is determined on the basis of fact. Unlike an application for planning approval, it is not concerned with land-use planning considerations or the impacts of the development upon the public realm. - 1.5 The principal test is whether, on the balance of probabilities, in this case whether the works which gained planning approval where commenced before the expiry of the application. The burden of proof rests with the applicant and their evidence must be both precise and unambiguous. If the Planning Authority has no evidence of its own to contradict that provided by the applicant, then provided that the applicant's evidence is sufficiently precise and unambiguous, a Certificate of Lawfulness may be issued. It is not usually necessary for the Planning Authority to corroborate the applicant's evidence.
2.0 THE APPLICATION SITE - 2.1 The application site represents the curtilage of Land and Buildings Adjacent To, Close Lake Bungalow, Jurby Road, Andreas. The site is located to the northern side of Jurby Road and southwest of the St Judes Crossroads. The site is accessed via an existing entrance off the Jurby Road and a private track which runs to an area of hardstanding which form part of the site. Within the site are three attached storage units, made up of what appears to be a former HGV trailer being one and two lean-to buildings either side of the trailer unit. A concrete wall runs around the buildings, with the extension to the front (north elevation).
3.0 THE PROPOSAL - 3.1 The planning application seeks approval for the Certificate of lawful use for storage and distribution (Class 2.4) for the hardstanding and the three units within the site.
5.0 REPRESENTATIONS - 5.1 None received at time of writing report.
6.1 In terms of whether the hardstanding and the three units within the site (as described in section 3.0) have been used for storage and distribution, it should be noted that the application should consider two elements; use of the site, namely the hardstanding and also in conjunction is the buildings including their use which would also be 10 years also. The building with no use would be 4 years, however, the applicants statements indicates the use of the buildings has been in connection with the overall use of the site. - 6.2 The information submitted by the applicants includes:
6.2 As well as the dates outlined above by the applicants, the Department also has its further aerial photograph taken in 2021 and 2006. - 6.3 Goggle Street View which was taken in 2010 also shows the hardstanding area being mainly used for the storage of oil tanks of various sizes and some vans. The central storage unit (trailer) was also in place, but the side storage buildings either side do not appear. - 6.4 Overall, using all aerial photograph available (including last 10 years which also includes Bing Maps and Google - albeit dates not know but are potentially more recent than 2021) the hardstanding is clearly in place and being used for the purposes of storage, namely oil tanks and potentially other associated items. The central trailer storage building (annotated Nr 2 on submitted plan SM25/637/1)has been in place for well over 10 years, as has the lean-to building to the eastern side of the trailer (annotated Nr 1 on plan). The other lean to building to the western side of trailer storage building (annotated Nr 3 on plan) it is less conclusive. It is certainly in place in 2018, but not necessary evidence (although not clear) in 2015 or 2012 aerial photographs. The applicants indicated that this building was constructed "probably sometime in 2015". - 6.5 Overall, it is considered there is no doubt that the site namely the hardstanding (which makes up the majority of the site) has been used for storage and likely distribution in association with the pluming/engineering firm that has operated at the site for 25 years or so, certainly more than 10 years. Buildings 1 and 2 (annotated on plan) have also been in place for 10 years and while building Nr 3 is less conclusive in terms of evidence, give the applicants statement throughout matches other evidence submitted/available to the Department and given the Department has no conclusive evidence to the contrary; it is considered this building could, as suggested by the applicant been in place since 2015 (i.e. 10 years).
7.0 CONCLUSION - 7.1 On the balance of probabilities, the evidence sufficiently demonstrates that the use of the site (hardstanding and buildings) for storage and distribution (Class 2.4) have been in a continued use for at least 10 years. - 7.2 It is recommended that a Certificate of Lawful Development is granted.
8.0 RECOMMENDATION - 8.1 It is recommended that the application for a Certificate of Lawfulness is agreed for a Certificate of Lawful use for storage and distribution (Class 2.4) of the site, which is the land (hardstanding area shown on drawing SM25/637/1) and buildings (annotated Nrs 1, 2 & 3 on drawing SM25/637/1) to the east and adjacent to Close Lake Bungalow, Jurby Road, Andreas.
9.0 INTERESTED PARTY STATUS - 9.1 As the application is for a CLU this is not required to be assessed. _____________________________________________________________________________________________________
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made : Permitted Date: 19.11.2025 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner
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