Planning Officer Report

{{table:54216}} Case Officer: Miss Laura Davy Photo Taken: Site Visit: Expected Decision Level: Officer Delegation

Officer's Report

Introduction

1. This application seeks permission for a certificate of lawful use for the conversion of outbuilding to living accommodation. The applicant has demonstrated that the use is considered to be lawful, therefore the application is considered to be acceptable.

The Site

1. The application site is the curtilage of Glen House, Dhoon Loop Road, Dhoon, Maughold. Glen House is a single storey detached property situated to the eastern side of the Loop Road.

1. There is a two storey outbuilding which is the building that this application relates. The outbuilding is sited adjacent to the highway.

The Proposal

1. The application seeks a Certificate of Lawful Use for conversion of an outbuilding to living accommodation.

Planning History

1. The following previous planning applications are considered specifically material in the assessment of the current application:

PA 94/01073/A Approval in principle for conversion of outbuilding to living accommodation – permitted

Consultations

1. Highways Division do not oppose as it has no traffic management, parking or road safety implications.

Assessment

1. The assessment of the application requires the examination of the information available in order to determine whether there is either sufficient or insufficient evidence, that on the balance of reasonableness the development has been in excess of 10 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.

Evidence

1. The applicant has provided evidence in the form of an Affidavit and photographs of the outbuilding.

1. The applicant has indicated that the outbuilding was converted to ancillary living accommodation in or around May/June 1996. This now provides for one bathroom, kitchen/living room (upstairs) and two bedrooms (downstairs). The garage door has been replaced with one standard half glazed door and side window and natural stone infill. The conversion has been used solely for family and friends when they have visited the applicant.

1. Overall, based on the submitted evidence it is concluded that on the balance of reasonableness it has been adequately demonstrated that the detached outbuilding to the front of the dwelling “Dhoon House” has been used as a ancillary accommodation to the main dwelling house, for a period of time in excess of 4 years. As such, it is recommended that the application be permitted and that the Certificate of Lawfulness be issued.

Recommendation

1. It is recommended that a Certificate of Lawful Use be issued for the conversion of the outbuilding to ancillary accommodation to the main dwelling house.

Party Status

1. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

Recommendation

Recommended Decision: Certificate of Lawful Use Approved

Date of Recommendation: 30.12.2011

Conditions and Notes for Approval / Reasons and Notes for Refusal

C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals

C 1.

The submitted application contains evidence sufficient to demonstrate that the building contained within the land defined by the red line on the Location Plan date stamped 16th November 2011 has been used as ancillary accommodation to the main dwelling house for a period in excess of four years.

The applicant has provided sufficient evidence in the form of an affidavit sworn on the 6th Dec 2011,

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Certificate of Lawful Use Approved Date: 1 January 2012

Determining officer (delete as appropriate)

Signed : Anthony Holmes Senior Planning Officer	Signed : Sarah Corlett Senior Planning Officer
Signed : Michael Gallagher Director of Planning and Building Control	Signed : Jennifer Chance Development Control Manager