Certificate of lawful development for the demolition of a rear wall

Flat 1, 5, Laureston Terrace, Douglas, Isle Of Man, IM2 5dh

Received9 Mar 2023

Validated15 Mar 2023

Decided5 Apr 2023

27 days

Received9 Mar 2023

Validated15 Mar 2023

Decided5 Apr 2023

27 days

Why was this approved?

Evidence of demolition in 1990s from previous owner letter
Aerial photographs from 2006 and earlier confirming absence of wall
Current photos showing long-term weathering
4-year immunity period under TCP Act 1999 Sch4 Pt1 para 3(a)
Balance of probabilities test satisfied

The application is for a Certificate of Lawful Development confirming that the demolition of a rear wall at a Victorian terraced property has been in place long enough to be immune from enforcement.

Documents (9)

Officer Report Application Form

📋

DEC Officer Report

9 Mar 233pp

📄

DEC Certificate of Lawfulness

DEC Plan

APL Plans

APL Photos

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Decision & Reasoning

Approved5 April 2023

The application is determined on the basis of fact, not planning merits, testing whether the breach of planning control (demolition without permission) has subsisted continuously for over 4 years prio…

Conditions (1)

1
Certificate issuance basis
On the balance of probabilities there is sufficient evidence to demonstrate that the rear wall referred to in the information received on 09.03.2023 was demolished for a period exceeding four years (prior to 2019) 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).

Why was this approved?

Evidence of demolition in 1990s from previous owner letter

Aerial photographs from 2006 and earlier confirming absence of wall

Current photos showing long-term weathering

4-year immunity period under TCP Act 1999 Sch4 Pt1 para 3(a)

Balance of probabilities test satisfied

The application is for a Certificate of Lawful Development confirming that the demolition of a rear wall at a Victorian terraced property has been in place long enough to be immune from enforcement.

Conditions (1)

Certificate issuance basis

On the balance of probabilities there is sufficient evidence to demonstrate that the rear wall referred to in the information received on 09.03.2023 was demolished for a period exceeding four years (prior to 2019) 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).