Loading document...
==== PAGE 1 ====
21/00128/LAW Page 1 of 3
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00128/LAW Applicant : Mr David Valkema Proposal : Certificate of Lawful Development for disability lift and access Site Address : Cooilbane House Main Road Sulby Isle Of Man IM7 2HR
Planning Officer: Mrs Vanessa Porter Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Certificate of Lawful Use/Devel Approved Date of Recommendation: 07.04.2021 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The erection of a two storey extension to house a lift as shown in the information received on 10th February 2021.
Plans/Drawings/Information; This decision relates to the information all received on 10th February 2021 and the additional details received on the 30th March 2021 and the 6th April 2021. __
Interested Person Status - Additional Persons
n/a __
Officer’s Report
INTRODUCTION 1.1 In accordance with the provisions of Schedule 4, Part 1, paragraph 3 of the Town and Country Planning Act 1999 ("the Act"), a development carried out in breach of planning control shall become immune from enforcement action after a certain period of time, provided that formal enforcement action has not already been taken. The relevant time periods are set out below: a) 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 the period of 4 years beginning with the date on which the operations were substantially completed;
==== PAGE 2 ====
21/00128/LAW Page 2 of 3
b) in respect of a breach of planning control consisting of the change of use of any building to use as a single dwelling house, after the end of the period of 4 years beginning with the date of the breach; c) in respect of any other breach of planning control, after the end of the period of 10 years beginning with the date of the breach. 1.2 Section 24 of the Act makes provision for the submission and issuing of a Certificate of Lawfulness to establish the lawfulness of a breach of planning control. 1.3 An application for a Certificate of Lawfulness is determined on the basis of fact. Unlike an application for planning approval, it is not concerned with land-use planning considerations or the impacts of the development upon the public realm. 1.4 The principal test is whether, on the balance of probabilities, the breach of planning control has occurred continuously for the given period. The burden of proof rests with the applicant and their evidence must be both precise and unambiguous. If the Planning Authority has no evidence of its own to contradict that provided by the applicant, then provided that the applicant's evidence is sufficiently precise and unambiguous, a Certificate of Lawfulness may be issued. It is not usually necessary for the Planning Department to corroborate the applicant's evidence.
APPLICATION SITE 2.1 The application seeks a Certificate of Lawful Use in respect of the installation of a lift and access, which included the erection of a two storey extension to the north east elevation measuring 3.4m by 3.4m. 2.2 The property is Cooilbane House, Main Road Sulby which is a two storey detached traditional dwelling situated to the north of the A3, Main Road. 2.2 The application seeking the Certificate of Lawfulness was submitted on 10th February 2021.
PLANNING HISTORY 3.1 The application site has had several previous applications; 3.2 PA94/01802/C - Change of use to retail/craft outlet, Approved 3.3 PA01/01474/B - Conversion of ground floor to residential, extension and installation of timber sliding sash windows to replace existing, Approved 3.4 PA02/01199/B - Alterations and extensions to dwelling (amendment to previously approved 01/1474), Approved 3.5 PA10/01606/B - Erection of a car port, Approved 3.6 PA13/00252/B - Alterations and erection of extension to dwelling, Approved.
REPRESENTATIONS 4.1 None received at the time of writing this report.
SUMMARY OF EVIDENCE PROVIDED 5.1 The application has been submitted with the following evidence (in no order): i. Location plan with floor plans and elevations of the works done. ii. Invoice form E & J Properties for work done, dated 24/03/14 iiii. Liftman Certificate of Periodical Examination & Works Platform Lifts, dated 6/1/21 iv. Innovate Lifting Systems Drawings Approval, dated 20/03/14 v. `Lift approval Document, dated 19/03/14 vi. Details on the Lift installed
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
==== PAGE 3 ====
21/00128/LAW Page 3 of 3
land, after the end of a period of 4 years beginning with the date on which the operations were substantially complete.
EVIDENCE 7.1 When looking at the information it is sparse in nature with the agent on behalf of the applicant supplying only forms for the approval of drawings, an examination dated this year and the most relevant an invoice for the works done. 7.2 Whilst the above is sparse in nature the Department has the assistance of aerials which have been done periodically over the years of which the two storey extension can clearly be seen on the 2015 aerial photograph.
8.0 CONCLUSION 8.1 Based on the evidence which has been submitted as part of the application and the evidence available to the Department, it is considered that on the balance of reasonableness it has been adequately demonstrated that the installation of the two storey extension to house a lift to the north east elevation has been in situ for a period of time in excess of 4 years. As such it is recommended that the application be permitted and a Certificate of Lawful Development be issued.
9.0 RECOMMENDATION 9.1 It is considered that the development is lawful and as such a Certificate of Lawful Development should be issued. __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Certificate of Lawful Use/Devel Approved
Date: 08.04.2021
Determining officer
Signed : S CORLETT Sarah Corlett
Principal Planner
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
Copyright in submitted documents remains with their authors. Request removal