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15/01317/LAW Page 1 of 3
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 15/01317/LAW Applicant : Christine Margaret Breadner Proposal : Application to make lawful the installation of replacement windows and doors to front and rear elevations Site Address : 5 Hatfield Grove Douglas Isle Of Man IM1 3HE
Case Officer : Mr Jason Singleton Photo Taken : 10.12.2015 Site Visit : 10.12.2015 Expected Decision Level : Officer Delegation
Officer’s Report
APPLICATION SITE 1. The application site is the residential curtilage of 5 Hatfield Grove a mid-terraced dwelling sited on the southern side of Hatfield Grove, Douglas. Hatfield Grove is sited east of Willow Terrace which sits north of Rose Mount.
The existing dwelling is finished in a smooth render and has white upvc casement framed top opening windows on the front and rear elevation. The dwelling has a pitched roof with chimney stacks at the junctions with the neighbouring properties on Hatfield Grove.
The street scene is characterised by a uniform style of terraced properties with a mix of window types. There is only a minority of properties on Hatfield Grove that have traditional sliding sash windows. The properties erected on the adjoining footpath and have a small yard/garden to the rear of the property. The site is within the Woodbourne Road Conservation Area.
THE PROPOSAL 2.1 The application is a certificate of lawfulness for the installation of replacement windows and doors to the front and rear of the property.
PLANNING HISTORY 3.1 The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.
DEVELOPMENT PLAN POLICIES 4.1 In terms of local plan policy, the application site is in area recognised as being Predominantly Residential under the Douglas Local Plan Order 1998 Map No. 2 (South). The application site is within the Woodbourne Road Conservation Area.
REPRESENTATIONS 5.1 Douglas Borough Council has no objection (31/12/15)
ASSESSMENT 6.1 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,
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15/01317/LAW Page 2 of 3
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.
EVIDENCE 6.1 The now owner of the property acts as the executer to his late mothers estate and is in the process of selling the dwelling through Carter Jones McDonald, during which it has arisen that the windows in the property do not benefit from any planning approval.
6.2 The applicant has provided photographs of the buildings front and rear elevation and a covering letter explaining the circumstances. Further evidence is supplied that details; (i) A quotation from 'P.V.C. Windows (IoM Limited)' dated 24th May 2004 for replacement of 6 windows front and rear, then a new rear door. (ii) An Invoice from 'P.V.C. Windows (IoM Limited)' dated 21st September 2004 for works carried out to replace 3 white uPVC tilt and turn windows, 5 white uPVC casement windows, 1 white uPVC front door and side pane, White uPVC back door. (iii) An Invoice from 'Outlook window systems Ltd' dated 27th May 2005 for the replacement of 2 white uPVC casement windows and 1 Double glazed unit. (iv) A windows guarantee dated 21st September 2004 following the installation for 3 tilt and turn windows, 5 casement windows and 2 doors at the above property.
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 archives there is a photograph which shows the street scene and the property on 04/12/2009 taken by the conservation officer at a time of inspection of area. The windows and door are clearly visible. Google Street View from October 2010 confirms there have not been any further modifications to the window or their apertures.
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 archives it would appear that on the balance of reasonableness the windows were installed more than 4 years ago. As such, it is recommended that a Certificate of Lawfulness of Development is granted in respect of these works.
CONCLUSION 7.1 It is recommended that the certificate be granted
INTERESTED PERSON STATUS 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.
Recommendation
Recommended Decision: Permitted
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15/01317/LAW Page 3 of 3
Date of Recommendation: 07.01.2016
Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
C . Taking into account the evidence supplied by the applicant, it is demonstrated that the alterations to the windows and doors of the building which is identified by the red line on the Location Plan date stamped 2nd December 2015 were carried out before December 2011.
I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 11.01.2016
Determining officer
Signed : M GALLAGHER
Michael Gallagher
Director of Planning and Building Control
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