DEC Officer Report

Application No.: 21/00784/LAW Applicant: Martin Hazell Proposal: Certificate of Lawful Development for roofing works including replacement roof tiles Site Address: 12 Park Road Douglas Isle Of Man IM2 3EL Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Certificate of Lawful Use/Devel Approved Date of Recommendation: 28.07.2021 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. There is sufficient evidence to demonstrate that remedial works were done to the roof, from the information received on 30th June 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).

Plans/Drawings/Information; This decision relates to the information all received on 30th June 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;

• 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 remedial works done to the roof at 12 Park Road, Douglas which is a two storey end terraced property with dormer within the roofscape situated to the North West side of Park Road. - 2.2 The application seeking the Certificate of Lawfulness was submitted on 30th June 2021. PLANNING HISTORY

3.1 The application site has had one previous application; - 3.2 PA02/01287/B which was for the "Installation of replacement uPVC windows and door to front elevation," and was Permitted. 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;
• ii. Quote from "John the Joiner" dated 13th May 2011 iiii. Receipts dated 6th June 2011, 16th June 2011, 23rd June 2011 and the 30th June 2011 which show payments made for roof renewal and repair works. Iiii, Photographs of the current roof.

ASSESSMENT

6.1 The assessment of the application required 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 4, 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 options 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 When looking at the information provided by the application, they have supplied both an estimate and receipts of payment for the works. CONCLUSION

7.1 Based on the evidence which has been submitted as part of the application, it is considered that on the balance of reasonableness it has been adequately demonstrated that roof works have been done to the property - 7.2 It is recommended that a Certificate of Lawful Development be issued in respect of the installation of replacement windows on the rear of the application property.

INTERESTED PARTY STATUS

8.1 As the application is for a CLU this is not required to be assessed. There is no right to appeal against this decision.

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: 04.08.2021 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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