DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 21/01323/LAW Applicant: Mr Thomas Spiers Proposal: Certificate of Lawful Development for rendering works to front elevation Site Address: Level Inn House The Level Colby Isle Of Man IM9 4AG Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Certificate of Lawful Use/Devel Approved Date of Recommendation: 02.12.2021 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. The information provided demonstrates that the front elevation rendering works to 'The Level Inn House' have been in situ for a period in excess 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 application relates to the following information: All date stamped received 27/10/2021:

• o A written statement and affidavit from the owner of 'The Level Inn House', Colby
• o Site location plan
• o Photograph of the existing elevation (Image L1)
• o 2 x photographs titled as being taken on 09/06/2015 and 1 x page showing small images and a snipped date box; All date stamped received 22/10/2021:
• o 3 x photographs of porch in construction
• o 1 x porch invoice from Window World dated 09/12/2014 and indicated as paid 18/12/2014
• o 3 x photographs of house
• o 1 x photograph of an image file date
• o 1 x affidavit from Mr Michael Rhodes a drone pilot who took and uploaded a video onto youtube on 27/02/2017 which features 'The Level Inn House'
• o 1 x screen image of the youtube video showing the title of video clip and a still taken at 6mins36s of 'The Level Inn House'

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_______________________________________________________________ Interested Person Status – Additional Persons

N/A _____________________________________________________________________________

Officer’s Report

1.0 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 Directorate 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.

2.0 THE SITE - 2.1 The site is the extent of an existing detached dwelling known as 'The Level Inn House', The Level, Colby. The site is defined in red on the corresponding site location plan drawing date stamped 25/10/2021.

3.0 THE APPLICATION - 3.1 The application seeks a Certificate of Lawful Development for the external rendering of the front elevation of the dwelling. - 3.2 The application states that the render is a sand and cement mix, and was applied to the property to provide better water disbursement. The cornerstone and lintels were left exposed. The application form indicates that the rendering works were carried out in 2015.

4.0 SUMMARY OF EVIDENCE PROVIDED - 4.1 Evidence provided as part of the application includes the following information:

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All date stamped received 27/10/2021:

• o A written statement and affidavit from the owner of 'The Level Inn House', Colby
• o Site location plan
• o Photograph of the existing elevation (Image L1)
• o 2 x photographs titled as being taken on 09/06/2015 and 1 x page showing small images and a snipped date box. All date stamped received 22/10/2021:
• o 3 x photographs of porch in construction
• o 1 x porch invoice from Window World dated 09/12/2014 and indicated as paid 18/12/2014
• o 3 x photographs of house
• o 1 x photograph of an image file date
• o 1 x affidavit from Mr Michael Rhodes a drone pilot who took and uploaded a video onto youtube on 27/02/2017 which features 'The Level Inn House'
• o 1 x screen image of the youtube video showing the title of video clip and a still taken at 6mins36s of 'The Level Inn House'

5.0 PLANNING HISTORY - 5.1 There have been 5 previous applications at the site:

• o 06/01413/B - Construction of an attached garage to side elevation
• o 05/92301/B - Creation of vehicle hardstanding with access onto highway and rendering
• of all elevations except the front with painted terralene render
• o 05/01247/B - Installation of Rehau Heritage range uPVC sash and casement windows to replace existing
• o 04/01819/PART1 - Installation of uPVC casement windows
• o 04/01819/B - Re-roofing, including installation of roof lights

6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only. - 6.1 Rushen Parish Commissioners - comments (24/11/2021) the Commissioners are disappointed that the original permission was not followed and that the works significantly undermine the character of the building and would much prefer if the original approval was adhered too. - 6.2 Department of Infrastructure Highway Services - no comments received as of 02/12/2021. - 6.3 No comments received from neighbouring properties.

7.0 ASSESSMENT - 7.1 The applicant seeks to rely on the fact that rendering works have been in situ for a period in excess of 4 years so as to establish that the development is immune from enforcement action as set out in 1.0 Introduction of this report and Part 4, Section 24(2) of the Town and Country Planning Act 1999. - 7.2 Following the submission of additional photographs of the front porch construction in which you can see the initial render installation and the corresponding Window World invoice dated 2014 this provides a timeline for the render works which marries with the 2015 date specified in the application from. The youtube video footage and the still images taken from this has also been verified and was viewable by the officer on youtube directly when searching the title 'drone flight Colby iom'. This drone footage was uploaded on 27th February 2017 and has been verified by an affidavit from the drone pilot whose name also corresponds with the uploaded youtube video.

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7.3 On the basis of the evidence provided specifically the porch photographs, invoice and the Youtube video stills it is clearly evident that the rendering works have been in situ for in excess of 4 years. - 8.0 CONCLUSION

8.1 Whilst the views of the Commissioners have been acknowledge, it is reminded that a Certificate of Lawful Development is not assessed against current planning policy but rather against those relevant parts of the Town and Country Planning Act 1999 (The Act) whereby the applicants must clearly demonstrate by means of physical and sufficient evidence that the development has been in situ in excess of those time limitation referenced in 'The Act' - 8.2 In this specific case, given the information provided, it is considered that a Certificate of Lawful Development can be issued in respect of the rendering works to the front elevation.

9.0 INTERESTED PERSON STATUS 9.1 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 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 : 08.12.2021 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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.

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