2 July 2021 · Head of Development Management (Stephen Butler)
10, Lower Dukes Road, Douglas, Isle Of Man, IM2 4bj
The application at 10 Lower Dukes Road in Douglas, a mid-terraced residential property, requested a Certificate of Lawful Development confirming that replacement windows (installed 27 years ago) and roof slates were lawfully in place.
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The principal test is whether, on the balance of probabilities, the breach of planning control has occurred continuously for 4 years, with the burden of proof on the applicant to provide precise and u…
Evidence sufficiency for immunity
There is sufficient evidence to demonstrate that the installation of replacement windows and roof slates and referred to in the information received on 01.06.2021 have been in existence for a period of four years and as such, the Department may not issue an enforcement notice due to the provisions of Town and Country Planning Act 1999 Schedule 4 Part 1 paragraph 3(a).
