Planning Officer Report

Planning Officer Report And Recommendations {{table:409404}}

Officer's Report

The Application Site

1. The application site is a dwelling known as “Craiglands”, situated to the southwest of Hilary Park in north central Douglas. It comprises a large, detached red brick dwelling with small front and rear gardens and attached garage, and is surrounded by residential development in the immediate vicinity, with the open space of Hilary Park nearby. The applicant owns the property, although it is in the final stages of being sold. Craiglands is within the Woodbourne Road Conservation Area.

The Proposal

1. The application seeks a Lawful Development Certificate to establish that the installation of sixteen of Craiglands’ windows plus a bay window, and the erection of the garage are lawful.

1. The applicant is Mrs. Linda Margaret Garnett, who co-owns the application site with her sister, Mrs. C. Wolfenden. The applicant advises that Mrs. Wolfenden has been notified of this application for a Lawful Development Certificate.

1. The application is supported by the following evidence, which is in no particular order:

• A site plan showing the application site outlined in red;
• Three no. photographs that show the garage adjoining the dwelling on the application site;
• 11 no. photographs that show the front and rear elevations of the dwelling on the application site;
• An invoice for the supplying and installing of 16 no. windows and 1 no. bay window, dated 9th May 2000;
• An email confirming receipt of payment for the installation of 16 no. windows and 1 no. bay window at the application site in May 2000, dated 12th August 2013;
• A rental lease agreement made between Mrs Linda Margaret Garnet [sic] and Mr Ian Hodson, Miss Jennifer Whelan and Mr John Connell, dated August 2000 and signed by both parties (with the exception of Mr John Connell) on 15th August 2000;

• A rate demand, which is undated, and requires payment to be made by 1st April 2000;
• A rate demand, which is undated, and requires payment to be made by 1st April 2001;
• A quotation for the lowering of pipework from the garage, dated 9th February 2000, and
• A letter from L M Garnett (Mrs) to Planning \& Development in the Department of Transport, dated 14th February 2000, requesting that the department consider marking the road with yellow lines in front of the garage entrance at Craiglands

Planning History

1. There is no planning history considered of relevance to the application.

Representations

1. Douglas Borough Council have no objection.

Assessment

1. A Lawful Development Certificate is determined on the basis of legal tests. If a development is to be lawful then the applicant must demonstrate that the development has occurred for four years or more (in the case of operational development and the erection of a dwelling house) or ten years (in the case of a material change of use or breach of a planning condition).
2. The principal test is whether, on the balance of probabilities, the development has been carried out continuously for the given period. The burden of proof rests with the applicant and their evidence must be 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 Lawful Development Certificate may be issued. It is not necessary for the Planning Authority to corroborate the applicant's evidence.

Matters for consideration

1. There are two separate elements of historic development that have taken place on the application site without the benefit of planning approval: (i) the installation of 16 no. window frames and 1 no. bay window (hereafter referred to as 'the seventeen windows in question'), and (ii) the construction of an attached garage.

Consideration of the evidence

1. Turning first to the garage, the applicant avers that it has "been built for many years, and has certainly existed during my lifetime". The lease agreement submitted as part of the application, which is signed 15th August 2000, refers to the "dwelling and garage premises called and known as Craiglands Hilary Park Douglas IM2 3ED". This appears to be bona fide. The quotation for the lowering of pipework in the garage, apparently issued by Manx Gas Limited, is dated 9th February 2000. This also appears to be bona fide. Two rates demands have also been included, which, although undated, require payment be made to the Isle of Man government by April 2000 and the Borough of Douglas by April 2001. These, too, appear to be bona fide. Finally, a letter from the applicant to the Transport department requesting double yellow lines be installed in front of the garage to Craiglands appears to be bona fide.
2. There is no reason to doubt the veracity and / or origin of any of these documents, and there is no information before the Planning Authority which contradicts this evidence.

Therefore, there appears to be sufficient documentary evidence, and from a variety of sources, to indicate that a garage has been in situ since the earliest date attributable to any of those documents (15th August 2000).

1. The (undated) photos show the garage in situ. Although no date could be attributed to the garage's erection from the officer's site visit (or, indeed, any other source), it was apparent from the site visit that this had taken place comfortably in excess of four years ago. This consideration is useful inasmuch as no evidence has been provided to indicate that the garage in situ now is the same garage as that referred to in either the tenancy agreement or Manx Gas quotation.
2. On the basis of the documentary evidence and visual assessment made, it is therefore considered, on the balance of probabilities, that the garage to Craiglands has been in place for a period of at least four years prior to the date the application for Lawful Development Certificate was submitted.
3. Turning second to the windows, the applicant has not specifically averred when these were installed, but has provided two pieces of evidence that seem to indicate their installation took place during the year 2000. Manx Glass and Glazing have provided an email to the applicant, which forms part of this application, which confirms "receipt of payment...for the installation of 16 no. windows and 1 no. bay window fitted at Craiglands Hilary Park Douglas in May 2000". This appears to be bona fide. A copy of the original invoice from Manx Glass and Glazing Ltd. has also been provided, which is addressed to the applicant and is for: "Supply and install in white upvc, 16No windows and 1No bay window at Craiglands, Hilary Park, Douglas". This also appears to be bona fide.
4. There is no reason to doubt the veracity and / or origin of these documents, and there is no information before the Planning Authority which contradicts this evidence. Therefore, there appears to be sufficient documentary evidence to indicate that seventeen windows in question were installed in Craiglands in May 2000. However, no evidence has been submitted that indicates the windows currently in situ are the same as those suggested as having been installed in May 2000.
5. The (undated) photos show the windows in situ, and seventeen are visible. Two further window frames are visible at the rear of Craiglands, but these are likely to be in doors and were evidently of a greater age than the seventeen windows in question. Although no date could be attributed to the windows from the site visit, owing to their state of repair despite having apparently been kept in good and clean condition - it is concluded that they had been in place for at least four years.
6. On the basis of the documentary evidence and visual assessment made, it is therefore considered, on the balance of probabilities, that the seventeen windows in question have been in place for a period of at least four years prior to the date the application for Lawful Development Certificate was submitted.

Conclusion

1. On both substantive matters for consideration, the evidence is sufficient to conclude on the balance of probability that the garage and the windows in question of Craiglands have been in situ for a period in excess of four years from the date at which the application was submitted. It is therefore considered that the Lawful Development Certificate should be granted.

Recommendation

1. It is recommended that a Lawful Development Certificate for the adjoining garage and 16 no. replacement windows and 1 no. bay window is granted.

PARTY STATUS

1. There is no requirement to list Interested Parties for a Lawful Development Certificate application.

Recommendation

Recommended Decision: Permitted Date of Recommendation: 06.11.2013 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, reference PA13/01071/LAW, contains evidence sufficient to demonstrate that the windows in question and garage have been in situ for a period of at least four years prior to 12th September 2013.

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 : Permitted Date : 7/11/13

Determining officer (delete as appropriate)

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