Decision Notice and Correspondence

Please reply to the signatory and quote our reference on all correspondence.

Our Ref: 13/01178/LAW

Your Ref:

Tel: (01624) 685950

Fax: (01624) 686443

Email: [email protected]

E J Callow

Secretary to the Planning Committee

15th November 2013

Dear Sir(s)

Application No: 13/01178/LAW Proposal: Application for a Certificate of Lawful Development for the installation of replacement windows to front elevation Address: 12 Gib Lane Peel Isle Of Man IM5 1PD Applicant: Mr Philip James Pemberton

Please note that in considering the abovementioned application the Department has determined that sufficient evidence has been provided to justify the issue of a Certificate of Lawfulness.

There is no appeal against the issue of this certificate, however the Department retains powers to revoke, in accordance with section 24(5) of the Town and Country Planning Act 1999, should later contradictory evidence be established.

Should you have any queries on this matter please contact the Department at your earliest convenience. Yours faithfully Mrs Cath Dudley Deputy Secretary Planning Committee

Infrastructure

planning and building control

bun-troggalys – plannal as gurneil troggal

Town And Country Planning Act 1999

Certificate Of Lawful Use Or Development

The Department of Infrastructure hereby certifies that on the 11th October 2013, matter described in Schedule 1 to this certificate in respect of the land specified in Schedule 2 to this certificate and edged RED on the plan attached to this certificate, was lawful within the meaning of section 24 of the Town and Country Planning Act 1999 for the following reason(s):

1. The submitted application, reference PA13/01178/LAW, contains evidence sufficient to demonstrate that the windows in question have been in situ for a period of at least four years prior to 7th October 2013.

This decision was made by the Development Control Manager in accordance with the authority delegated under the Government Departments Act 1987.

Schedule 1. Uses to which this certificate relates

The installation of replacement windows in the front elevation without planning approval.

Schedule 2. The Land to Which the Notice Relates

• 12 Gib Lane Peel Isle Of Man IM5 1PD

Date: 15th November 2013

Signed on behalf of the Department of Infrastructure

Chance

Miss J Chance MRTPI Development Control Manager

Notes

1. This certificate is issued solely for the purpose of section 24 of the Town and Country Planning Act 1999.
2. It certifies that the matter specified in Schedule 1 taking place on the land described in Schedule 2 was lawful, on the specified date and, thus, would not have been liable to enforcement action under section 26 of the 1999 Act on that date.
3. This certificate applies only to the extent of the matter described in Schedule 1 and to the land specified in Schedule 2 and identified on the attached plan. Any matter which is materially different from that described or which relates to other land may render the owner or occupier liable to enforcement action.
4. The effect of the certificate is also qualified by the proviso in section 24(3) of the 1999 Act, which states that the lawfulness of a described use or operation is only conclusively presumed where there has been no material change, before the use is instituted or the operations begun, in any of the matters relevant to determining such lawfulness.

Date	15 November 2013
Comments	13/01178/LAW

Case Officer: Miss Laura Davy Photo Taken: Site Visit: Expected Decision Level: Officer Delegation

Officer's Report

1.0 The Site

1.1 The application site is the curtilage of 12 Gib Lane, Peel which is a three storey property situated to the southern side of Gib Lane. The property backs on to 26 Stanley Road. The front of the property is visible from the car park and open space adjacent to the promenade, there is a stone wall to either side of the dwelling which is the rear boundary wall of the properties on Stanley Road. The property is a fairly traditional town property within the Peel Conservation Area.

2.0 The Proposal

2.1 The application seeks approval for a certificate of lawful development for the installation of replacement windows to the front elevation.

3.0 Planning History

3.1 There are no relevant previous planning applications.

4.0 Development Plan Policies

4.1 The application site is within an area zoned as "Mixed Use" identified on the Peel Local Plan 1989, it is also within the Peel Conservation Area.

5.0 Consultations

5.1 Peel Commissioners have recommended the application for approval. This however is not taken in to account when assessing an application for lawful development.

5.0 Assessment

5.1 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 4 years. Under Schedule Part 1, Paragraph 3 (a) of the Town and Country Planning Act 1999 no enforcement notice may be issued 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 a period of 4 years beginning with the date on which the operations were substantially complete.

6.0 Evidence

Application No.:	13/01178/LAW
Applicant:	Mr Philip James Pemberton
Proposal:	Application for a Certificate of Lawful Development for the installation of replacement windows to front elevation
Site Address:	12 Gib Lane Peel Isle Of Man IM5 1PD

6.1 The owner of the property is in the process of selling the dwelling, during which it has arisen that the windows in the front elevation do not benefit from any planning approval.

6.2 The applicant has provided photographs and a letter. The letter advises that the applicant bought the house in 2001 and the windows were already in the house and had been for some time. The letter also says that there are no air vents and the glazing is very dated.

6.3 Having visited the site it seems apparent that the windows were installed a number of years ago and not recently, however it is not possible to determine exactly how long they have been in place.

6.4 Having had a look through the conservation photograph archive there is a photograph which shows the Creg Malin Hotel with the application site in the background. Only one of the windows is visible but it does show the window at second floor which has the same glazing sections as the existing window. Whilst the property is in the distance it does appear to be the same window that is there at present. This photograph was taken on the 11th July 2009.

6.5 Schedule Part 1, Paragraph 3 (a) of The Act as mentioned above means that enforcement action cannot be taken on development which has been carried out in excess of four years.

6.6 Having assessed the evidence provided, visited the site and having access to our photographic archive it would appear that on the balance of reasonableness the windows in the front elevation of the property have been in situ for in excess of 10 years.

7.0 CONCLUSION

7.1 It is recommended that the certificate be granted.

Recommendation

Recommended Decision: Certificate of Lawful Use Approved Date of Recommendation: 12.11.2013 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 PA13/01178/LAW, contains evidence sufficient to demonstrate that the windows in question have been in situ for a period of at least four years prior to 7th October 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 : Certificate of Lawful Use Approved Date : 13/11/13 12 November 2013 13/01178/LAW Page 2 of 3

Determining officer (delete as appropriate)

Signed : *_**_**_**_*___

Anthony Holmes Senior Planning Officer

Signed : *_**_**_**_*___

Michael Gallagher Director of Planning and Building Control

Signed : *_**_**_**_*___

Sarah Corlett Senior Planning Officer

Signed : *_**_**_**_*___

Jennifer Chance Development Control Manager

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12 November 2013 3

13/01178/LAW Page 3 of

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Peel Town Commissioners

Barrantee Phurt Ny Hinshey

P. G. LEADLEY Town Clerk Cleragh y Valley Commissioner for Oaths Barrantagh Looee Tel: Peel (01624) 842341 Fax: Peel (01624) 844010 Email: [email protected] Website: www.peelonline.net

All communications to be addressed to the Town Clerk Dy chooilley insh dy ve er ny enmys nsh Cleragh y Valley

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TOWN HALL, DERBY ROAD, PEEL, ISLE OF MAN, IM5 1RG

HALLEY BALJEY, RAAD DERBY, PURT NY HINSHEY, ELLAN VANNIN

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Our ref PGL/CK

7th November 2013

Planning Office Department of Infrastructure Murray House Mount Havelock DOUGLAS

Dear Sir,

Re-Planning Applications

The following planning applications have been considered by the Peel Town Commissioners.

13/91229/B

Erection of a conservatory on a first floor flat roof rear extension (retrospective), 5 Michael Street, Peel.

13/91212/B

Construction of a lych-gate along Derby Road to form new pedestrian entrance, which incorporates facilities for a relocated bus shelter, land at St. Germans Cathedral, Derby Road Peel.

13/01178/Lsw

Application for a Certificate of Lawful Development for the installation of replacement windows to front elevation, 12 Gib Lane, Peel.

13/91193/B

Alterations and erection of a first floor extension to detached garage to provide additional living accommodation, Ebor, Peveril Road, Peel.

13/01244/D

Erection of advertising hoardings (Retrospective), entrance to Reayrt ny Cronk Estate, Poortown Road, Peel.

13/91057/B

Installation of replacement windows to front elevation, 1 Market Street, Peel (amended plans).

13/91266

Strengthening and repair of Great West Window, St German's Cathedral, Peel. RECOMMENDED FOR APPROVAL Yours faithfully

P G Leadley

Town Clerk

PA13/01178/LAW Mr Philip James Pemberton Application for a Certificate of Lawful Development for the installation of replacement windows to front elevation, 12 Gib Lane Peel Isle Of Man IM5 1PD Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 11.10.2013, includes;

Conservation Areas: Cons Areas: Peel Cons Area Dev Control Polygons: Reference Number: 13/01178/LAW Status: Pending Consideration Proposal: Application for a Certificate of Lawful Development for the installation of replacement windows to front elevation BC Case Polygon: Reference Number: 13/07337/REG BC Case Status: Building Work Started Proposal: Installation of multi-fuel stove