Certificate of Lawful Development - Installation of replacement windows

Flat 1, 20, Castle Street, Peel, Isle Of Man, IM5 1an

Received3 Oct 2023

Validated4 Oct 2023

Decided15 Nov 2023

43 days

Received3 Oct 2023

Validated4 Oct 2023

Decided15 Nov 2023

43 days

Why was this refused?

Insufficient evidence of 4-year time limit
Lack of precise installation date
Visual evidence showing window change post-2010
Burden of proof not met by applicant
Incomplete details on rear windows

The application sought a Certificate of Lawful Development confirming that replacement windows at the front of the property were immune from enforcement after 4 years under the Town and Country Planning Act 1999.

Refusal Reasons

✗Based on the evidence which has been submitted as part of the application, it is considered that on the balance of reasonableness it has not been adequately demonstrated that the windows have been in situ for a period of time in excess of 4 years. As such it is recommended that the application be refused and a Certificate of Lawful Development not be issued.

Documents (9)

Officer Report Location Plan Application Form

DEC Officer Report

APL Location Plan

APL Site Photos

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Decision & Reasoning

Refused15 November 2023

The principal test for a Certificate of Lawfulness is whether, on the balance of probabilities, the breach of planning control has occurred continuously for at least 4 years for building operations, w…

Why was this refused?

Insufficient evidence of 4-year time limit

Lack of precise installation date

Visual evidence showing window change post-2010

Burden of proof not met by applicant

Incomplete details on rear windows

Refusal Reasons

✗Based on the evidence which has been submitted as part of the application, it is considered that on the balance of reasonableness it has not been adequately demonstrated that the windows have been in situ for a period of time in excess of 4 years. As such it is recommended that the application be refused and a Certificate of Lawful Development not be issued.