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17/00752/LAW Page 1 of 3
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/00752/LAW Applicant : Robert Shaw Proposal : Application to make lawful the installation of a door to replace an existing window Site Address : 64 Royal Avenue Onchan Isle of Man IM3 1LB
Case Officer : Mr Jason Singleton Photo Taken : 08.08.2017 Site Visit :
Expected Decision Level : Officer Delegation
Officer’s Report
THE APPLICATION SITE 1.1 The application site is the residential curtilage of 64 Royal Avenue, Onchan, located on the eastern side of Royal Avenue approximately half way down the lowest section between Central Drive and Royal Drive. The property is a terraced dwelling which backs onto a rear lane which runs to the rear of the properties fronting onto Central Drive. The property is a two and a half storey dwelling with rendered walling at ground floor level, dashed render with decorative bands around the windows at first floor level and a projecting bay to the right of the front door, which extends up into the slated roof with a pitched roofed dormer.
1.2 To the rear of the property is a service lane which gives access to the rear yards of the individual property and their adjacent garages. The rear lane is overgrown and the road is more a track than a made up highway. The rear of the properties has two storey projections from the main elevation under a sloping roof. Some of the outbuildings appear to have been incorporated or are now attached to the rear of the dwellinghouse.
PROPOSAL 2.1 The application is a certificate of lawfulness for the installation of a door to the rear elevation in lieu of a window to the dining room.
PLANNING HISTORY 3.1 The following previous planning applications are considered relevant in the assessment and determination of this application;
08/00082/B - Installation of replacement windows. Approved.
08/20236/R Installation of a roller door to rear elevation. Approved.
PLANNING STATUS 4.1 In terms of land use designation, the site lies within an area of Residential use on the Onchan Local Plan of 2000. The property is not within any Conservation Area nor is it Registered.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this current planning application. General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
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(c) does not affect adversely the character of the surrounding landscape or townscape; (g) does not affect adversely the amenity of local residents or the character of the locality;
4.3 Paragraph 8.12.1 of the Isle of Man Strategic Plan states: 'As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general.
REPRESENTATIONS 5.1 Onchan District Commissioners has no objection (17/08/17)
5.2 Highways Services have not commented.
ASSESMENT 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 photographs of the buildings rear elevation and a supporting letter explaining the circumstances from Douglas Glazing Limited dated 29/06/17. The letter explains the works was carried out in March 2013 at a cost of £1,000.00 where by the wall beneath the window was cut away to create a doorway and a white Upvc glazed door installed to the dining room.
7.2 Whilst the level of information supplied is sparse, in considering the retrospective aspect of the proposal, the works are contained to the rear elevation and would appear in keeping within the rear elevation. Whilst the lower portions of the rear elevations are not easily visible if the roller door shutter is closed, any views of the door would be read in the context of the dwellinghouse and would not appear out of character.
7.3 Having visited the site it seems apparent that the door was 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.
7.5 Having assessed the evidence provided, visited the site it would appear that on the balance of reasonableness the door was 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
RECOMMENDATION 7.1 For the above reasons, it is concluded that the planning application would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016 and is recommended for approval.
INTERESTED PERSON STATUS
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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: (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.
Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 21.08.2017
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 rear elevation installing a doorway to replace a window of the building which is identified by the red line on the Location Plan date stamped 4th July 2017 were carried out before July 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: 23.08.2017
Determining officer
Signed : S CORLETT Sarah Corlett
Senior Planning Officer
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