Officer Report

Application No.: 17/00488/LAW Applicant: Mr Jeffrey Magee Proposal: Application to make lawful the installation of roof slates, four roof lights and replacement windows Site Address: Morea 28 Albany Road Douglas Isle Of Man IM2 3NG Case Officer : Mr Jason Singleton Expected Decision Level: Officer Delegation

Officer’s Report APPLICATION SITE

1.1 The application site is the residential curtilage of 28 Albany Road, Douglas. The property is part of a semi-detached dwelling sited on the northern side of Albany Road, Douglas. - 1.2 The existing dwelling is read as a pair om semi's in the streetscene and are distinctive by the use of red clay ware brick to the front elevation and boundary wall. The character of the building is two storey with a box bay window covering both stories with a pitched roof above tying into the main roof of the dwelling. At either end of the property, the gables are painted in a smooth render finish which is continued to the rear elevation. Within the roofscape of the semi' are prominent chimney stacks at either end and in the central divide. In the application site are white timber sliding sash windows on both floors and a timber door with glass panels to the sides. - 1.3 All the properties are set back from the highway with pedestrian access only off the highway with small gardens to the front. The application site is within the Selborne Drive Conservation Area. THE PROPOSAL

2.1 The application is a certificate of lawfulness is for the "like for like" installation of replacement timber sliding sash windows to the front and Upvc windows to the rear elevation; four Velux windows in the roof scape and replacement roof tiles. PLANNING HISTORY - 3.1 09/02042/B - "Formation of parking area and vehicular access onto the highway to front elevation". REFUSED. DEVELOPMENT PLAN POLICIES - 4.1 In terms of local plan policy, the application site is predominately residential under the Douglas Local Plan Order 1998 Map No. 2 (South). The application site falls within the Selborne Drive Conservation Area. REPRESENTATIONS - 5.1 Douglas Borough Council has no objection (19/05/17) 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, 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

7.1 The applicant has provided an invoice (No.509/94) for works to make and fit 9 windows on the front elevation is timber sliding sash, dated 30th May 1998 on behalf of Tooms Bros Limited. Photographs of the buildings front elevation and a covering letter explaining the circumstances. - 7.2 Additional evidence is supplied that shows photographs taken in 2009 that was submitted in support of the 09/02042 planning application, which clearly shows the front elevation of the building with the white timber framed sash windows in place. This photo sheet was date stamped by the planning department on 14/12/19. Google Street View from October 2010 confirms there has not been any further modification to the window or their apertures or the roof tiles. - 7.3 Having visited the site it seems apparent that the windows and velux windows on the rear elevation roof scape 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. - 7.4 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.

7.4 Having assessed the evidence provided and visited the site it would appear that on the balance of reasonableness the windows, velux rooflights and roof tiles 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 - 8.1 It is recommended that the certificate be granted INTERESTED PERSON STATUS - 9.1 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:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

Recommendation Recommended Decision: Permitted Date of Recommendation: 05.06.2017 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

C 1. Taking into account the evidence supplied by the applicant, it is demonstrated that the alterations to the windows, rooflights and roof tiles of the building which is identified by the red line on the Location Plan date stamped 2nd May 2017 were carried out before April 2013.

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: 15.06.2017 Determining officer

Signed : C BALMER Chris Balmer Senior Planning Officer

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