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                                                 16/01212/LAW                                      Page  1  of  3

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 16/01212/LAW Applicant : Mrs Ruth Lea Proposal : Application to make lawful chimney stack alterations Site Address : 12 Wesley Terrace Douglas Isle Of Man IM1 3HF

Case Officer : Mr Jason Singleton Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Officer’s Report

THE APPLICATION SITE 1.1 The application site is the curtilage of 12 Wesley Terrace, Douglas. The site is accessed by turning off the main road, Rosemount Road onto Willow Terrace which runs in a northerly direction. Willow Terrace serves to the west - Wesley Terrace and Hatfield Terrace which are back to back separated by a service lane. The streetscene is characterised by two storey terraced dwellings. The application site sits to the North of Wesley Terrace and is a mid-terraced property. The site also lies within the Woodbourne Road Conservation Area.

THE PROPOSAL 2.1 The application seeks approval for a Certificate of Lawful Use for alterations to the chimney stack, where repair minor works were carried out to the chimney stack and replacement chimney pots. The works were carried out by R&M Barlow some 6 years ago.

PLANNING HISTORY 3.1 98/02146/B - Installation of uPVC window to replace existing. Approved.

REPRESENTATIONS 4.1 Douglas Borough Council have no objection (received on 28.10.2016).

THE APPLICATION SITE 1.1 The application site is the curtilage of 12 Wesley Terrace, Douglas. The site is accessed by turning off the main road, Rosemout road onto Willow Terrace which runs in a Northerly direction. Willow Terrace serves to the West; Wesley Terrace and Hatfield Terrace which are back to back separated by a service lane. The streetscene is characterised by two storey terraced dwellings. The application site sits to the North of Wesley Terrace and is mid Terrace. The site also lies within the Woodbourne Road Conservation Area.

THE PROPOSAL 2.1 The application seeks approval for a Certificate of Lawful Use for alterations to the chimney stack, where repair minor works were carried out to the chimney stack and replacement chimney pots. The works were carried out by R&M Barlow some 6 years ago.

PLANNING HISTORY 3.1 98/02146/B - Installation of uPVC window to replace existing. Approved.

REPRESENTATIONS 4.1 Douglas Borough Council have no objection (received on 28.10.2016).

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                                                 16/01212/LAW                                      Page  2  of  3

ASSESSMENT FOR CERTIFICATE 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 present 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.

EVIDENCE 6.1 The applicant has submitted photographs of the existing chimney as it stands, and a statement which reads "Minor works to chimney stack comprising of repairs to the stack and replacement pots, as seen in the photos, showing very little difference to the neighbouring properties. Works were carried out by R&M Barlow but there is no paperwork to hand. Photographs of how the chimney looks are attached. Unfortunately there are no "before" photographs due to it being some 6 years since the works were carried out".

ASSESSMENT 7.1 In assessing whether a Certificate of Lawfulness should be issued in respect of this activity it is necessary for the applicant to demonstrate that the activity has been on-going at a similar level of intensity for ten years or more in accordance with the Town and Country Planning Act 1999 which states:

"PART 4 - ENFORCEMENT OF CONTROL 24(1) Regulations may make provision for an application for, and the issue by the Department of, a certificate stating whether or not...a) any existing use of buildings or land is lawful...c) any operations which have been carried out in, on over or under land are lawful...(2) For the purpose of this section - a) uses and operations are lawful at any time if - i) no enforcement notice may be issued in respect of them."

7.2 The Act goes on "(3) A certificate issued under this section in accordance with regulations A0 specifying the land to which it relates; b) describing the use, operations or other matter in question; c) giving the reasons for determining the use, operations or other matter to be lawful and d) specifying the date of the application for the certificate."

7.3 In this case the applicant had provided little information other than a statement, but, when looking on Google street view dated August 2010, it confirms the different sized chimney pots were in place at that time. When visiting the area, the ridges of the buildings or the chimney stacks / pots are not readily visible when walking along through the street and what views are achieved, the chimney stack and its ornate brick work appears intact and the only discernible difference is a smaller chimney pot on top when studying the area in closer detail.

7.4 Having assessed the evidence, visited the site and viewing the image from Google Street view, it would appear that on the balance of reasonableness the chimney alterations were undertaken more than 4 years ago. There is no evidence to suggest that the information which has been provided is incorrect or false and as such it is recommended that a Certificate of Lawfulness is issued in respect of the alterations to the chimney stack at 12 Wesley Terrace and an Enforcement Notice could not be issued as the time limit set out in Schedule 4 Part 1 3.c of the Town and Country Planning Act 1999 has expired.

RECOMMENDATION 8.1 It is recommended that the certificate be granted.

Recommendation

Recommended Decision: Permitted

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                                                 16/01212/LAW                                      Page  3  of  3

Date of Recommendation: 25.11.2016

Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

C 1. The submitted application reference, 16/01212/Law, contains evidence sufficient to demonstrate that the alterations to he chimney stack and pots at 12 Wesley Terrace as defined in the submitted location plan received on the 27th October 2016 had been undertaken for a period in excess of four years prior to that date.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted

Date: 06.12.2016

Determining officer

Signed : S CORLETT Sarah Corlett

Senior Planning Officer

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