DEC Officer Report

Application No.: 21/00848/LAW Applicant: Miss Lindsay Clark Proposal: Certificate of Lawful Development for the installation of windows and roof lights Site Address: 5 St Peters Lane Peel Isle Of Man IM5 1AP Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Certificate of Lawful Use/Devel Approved Date of Recommendation: 23.08.2021 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. There is sufficient evidence to demonstrate that the installation of windows and roof lights and referred to in the information received on 28.07.2021 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 location and site plans and photographs and other supporting information all received on 28.07.2021.

_______________________________________________________________ Interested Person Status – Additional Persons

N/A _____________________________________________________________________________

Officer’s Report

1.0 INTRODUCTION - 1.1 The application seeks a Certificate of Lawful Development for the installation of windows and roof lights. The application seeking the Certificate of Lawfulness was submitted on 28.07.2021. This means the relevant 4 years for consideration is from 28.07.2017. - 1.2 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.

1.3 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. - 1.4 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. - 1.5 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 Authority to corroborate the applicant's evidence.

2.0 THE APPLICATION SITE - 2.1 The application site is the curtilage of 5 St Peters Lane, Peel

3.0 THE PROPOSAL - 3.1 The planning application seeks approval for the Certificate of Lawful Development for the installation of windows and roof lights. The applicants indicated that: "The building work mentioned was completed before I bought the property in 2016. Please see the date on the Harmony Homes brochure photos- 2015/16 for the year of rates. The comparative photos from 2021 show no change since 2016."

4.0 PLANNING HISTORY - 4.1 There are no previous planning applications which are considered relevant in the assessment and determination of this application.

5.0 REPRESENTATIONS - 5.1 No comments received at the time of writing this report.

6.0 ASSESSMENT / SUMMARY OF EVIDENCE PROVIDED - 6.1 In terms of whether the installation of windows and roof lights have been in place for more than 4 years from the date of submission the Department considers that it has. Whilst the evidence supplied by the applicants is useful; it includes:

• o Estate Agent brochure (Harmony Homes) which show the relevant roof lights and windows in place when the applicants originally purchased the property in 2015/16;
• o Photographs of current windows in place which appear to be the same windows shown in the 2015/16 photographs.

6.2 While the evidence is not substantial, it is consider it is sufficient to determine as it is likely that the windows and rooflight where installed prior to 2017.

7.0 CONCLUSION - 7.1 On the balance of probabilities, the evidence sufficiently demonstrates that the installation of windows and roof lights have been in place for more than 4 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) and it is recommended that a Certificate of Lawful Development is granted.

8.0 RECOMMENDATION - 8.1 It is recommended that the application for a Certificate of Lawfulness is agreed.

9.0 INTERESTED PARTY STATUS - 9.1 As the application is for a CLU this is not required to be assessed. _____________________________________________________________________

I can confirm that this decision has been made by the Head of Development Management 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 : 26.08.2021 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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