Application for a certificate of lawful development for the installation of replacement windows
Site Address:
65 Malew Street Castletown Isle Of Man IM9 1LR
Case Officer:
Miss Laura Davy
Photo Taken:
Site Visit:
Expected Decision Level:
Officer Delegation
Introduction
This application seeks a Certificate of Lawful Development for the installation of replacement windows. It is considered that there is sufficient evidence to issue a Certificate of Lawful Development.
The Site
The application site is the curtilage of 65 Malew Street, Castletown which is a three storey mid terrace which is situated to the western side of the highway. The property is a traditional mid terrace which is within the Castletown Conservation Area.
The property has had a number of alterations to the rear, including roofing works with the installation of a dormer.
The Proposal
The application seeks a Certificate of Lawful Development for the installation of replacement windows in the rear elevation.
Planning History
There was a previous application in 2004 which was for the formation of two roof dormers on rear elevation and installation of three roof lights on front roof elevation.
Development Plan Policies
The application site is in an area zoned as "Predominantly Residential" identified on the Castletown Local Plan 1990. It is also in the Castletown Conservation Area.
Assessment
The applicant advises that the windows in the rear were installed in 1999, these were white uPVC casements. The applicant has provided a copy of a certificate provided by the company that did the works as a guarantee. The certificate is dated 7th May 1999, detailing the goods installed as uPVC windows, door and roof.
There was an application submitted in 2004 for the formation of two roof dormers on rear elevation which noted that the windows should match the existing uPVC windows.
Under the Town and Country Planning Act 1999 Schedule 4 Part 1 Paragraph 3, part a) it states:
"In respect of a breach of planning control consisting of the carrying out without planning approval of building, engineering, mining or other operations in, on, over or under land, after the end of the period of 4 years beginning with the date on which the operations were substantially completed."
This part of the Act means that enforcement action cannot be taken on development which has been carried out in excess of four years.
It is clear from the information submitted that there is sufficient evidence that the windows have been installed in excess of 4 years. As such it is recommended that the Certificate of Lawfulness be issued.
Recommendation
Recommended Decision: Certificate of Lawful Use Approved
Date of Recommendation: 21.08.2012
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
: Notes attached to refusals
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: 22 August 2012
Determining officer (delete as appropriate)
Signed : ... Anthony Holmes Senior Planning Officer
Signed : ... Michael Gallagher
Signed : ... Jennifer Chance
Director of Planning and Building Control Development Control Manager
Director of Planning and Building Control Development Control Manager
21 August 2012
21 August 2012
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