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23/00392/LAW Page 1 of 3
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00392/LAW Applicant : Professor Mark Noel Proposal : Certificate of lawful development for the erection of two detached garages Site Address : Rockside Dreemskerry Road Ballajora Ramsey Isle Of Man IM7 1BL
Planning Officer: Mr Paul Visigah Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Certificate of Lawful Use/Devel Approved Date of Recommendation: 25.05.2023 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
There is sufficient evidence to demonstrate that the two detached garages shown in the submitted information have been in situ 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).
Plans/Drawings/Information;
This approval relates to the submitted documents received on 3rd April 2023.
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Interested Person Status - Additional Persons
None __
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
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23/00392/LAW Page 2 of 3
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.
2.0 THE APPLICATION SITE 2.1 The application site is the residential curtilage of a detached dwelling that is located in the Dreemskerry area of Maughold. The dwelling which sits on the western side of the road has two garages within its curtilage; one situated directly north of the dwelling and the other situated about 19.8m directly south of the dwelling and by the highway. The site is has most of its area covered in mature landscaping which serves to considerably enclosed the dwelling and garages on site.
3.0 THE PROPOSAL 3.1 The application seeks a Certificate of Lawful Development in respect of operations carried out in December 2007 for the erection of two detached garages.
2.2 The application seeking the Certificate of Lawfulness was submitted on 3rd April 2023.
4.0 PLANNING HISTORY 4.1 PA 85/00125/B for Extension to garage - Approved. 4.2 PA 04/02479/B for Alterations to existing detached garage - Approved. 4.3 PA 07/00697/B for Alterations and erection of a detached garage / garden store - Approved. 4.4 PA 07/00698/B for Installation of roof solar water panels and a Velux window - Approved. 4.5 PA 07/00712/B for Erection of a conservatory - Approved.
5.0 REPRESENTATIONS 5.1 None received at the time of writing this report.
6.0 SUMMARY OF EVIDENCE PROVIDED 6.1 The application has been submitted with the following evidence (in no order): a. Application form;
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b. Cover Letter and Plan List dated 28 March 2023; c. Agents Letter on provision of historic photographs; d. Drawings of Approved Garage Adjacent House under PA0700697B; e. Drawings of Approved Garage Adjacent Road under PA0402479B; f. Existing Survey Drawings Location Site; g. Existing Survey Drawings Garage Adjacent House; h. Existing Survey Drawings Garage Adjacent Road; i. Google Street View Photograph of Garage 1 taken in April 2010; and j. Google Street View Photograph of Garage 2 taken in April 2010
7.0 ASSESSMENT 7.1 This is an application seeking a Certificate of Lawful Development, and therefore it is not a matter of considering the planning merits of the scheme but rather a legal determination based on the facts to establish whether the stated operations are established and lawful by period of time and therefore beyond the scope of enforcement action. The test of the evidence is based on the balance of reasonableness. In this instance, the applicant seeks to rely on the fact that the two detached garages were erected in December 2007, and have been in situ for a minimum of 4 years to establish that the development can be considered lawful, as set out in Part 4, Section 24(2) of the Town and Country Planning Act 1999.
7.2 The applicant has provided a number of documents for the developments which seek to demonstrate that the detached garages have been in situ since 2007. Whilst the plan documents do not give an indication of the period for which the development was carried out, the Google Street View Photos for the site dated April 2010 show that the developments have been insitu by April 2010.
7.3 Given the above, it is recommended that a Certificate of Lawfulness of Development is granted in respect of these works, as they have been insitu for a period exceeding 4 years.
8.0 CONCLUSION 8.1 In view of the above, it is recommended that a Certificate of Lawfulness be issued.
9.0 INTERESTED PARTY 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 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: 23.06.2023
Determining officer Signed : C BALMER
Chris Balmer
Principal Planner
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