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18/00051/LAW Page 1 of 3
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/00051/LAW Applicant : Northville Estates Ltd Proposal : Application to make lawful the installation of replacement PVC windows, rooflights, PVC fascia boards, and alterations to rear yard parking area Site Address : 31 Derby Road Douglas Isle Of Man IM2 3ES
Case Officer : Mr Owen Gore Photo Taken :
Site Visit : 22.02.2018 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 19.03.2018 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. Taking into account the evidence supplied by the applicant, it is demonstrated that the alterations to the windows of the building which is identified by the red line on the Location Plan date stamped 18 January 2018 were carried out before January 2014.
Plans/Drawings/Information;
This Planning permission relates to the following plans and documents: -
Planning Statement from Ellis Brown Architects Dwg No.17/2647/05 - Site Location Plan Affidavit including letters from Douglas Glazing Ltd, E. Richmond Building Contractor and the invoice/letter from R. Nelson Tiling, Roofing & General Building Maintenance Photographs and images taken from Google Streetview Date-stamped as having been received 18 January 2018
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Interested Person Status - Additional Persons
None __
Officer’s Report
THE SITE 1.1 The application site is a dwellinghouse within a row of terraced properties. The property is the last dwelling in the row of residential properties and is adjoined by two businesses with shop fronts
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18/00051/LAW Page 2 of 3
to the west. This side of the street scene is characterised by a similar style of terraced property with a mix of window types, stepped down with the fall of Derby Road to the east. The application site is within the Windsor Road Conservation Area.
THE PROPOSAL 2.1 The application seeks to demonstrate the lawfulness of the installation of replacement PVC windows, rooflights, PVC fascia boards, and alterations to rear yard parking area.
PLANNING POLICY 3.1 The site is shown on the Douglas Local Plan Order 1998 map No.2 as being within the local plan area and the property is designated within an Area of Predominantly Residential Use. The application site is within the Windsor Road Conservation Area.
3.2 Under Schedule Part 1, Paragraph 3 (a) of the Town and Country Planning Act 1999 no enforcement notice may be issued 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 a period of 4 years beginning with the date on which the operations were substantially complete.
3.3 Therefore the assessment of this application is not based on the merits of the proposal in terms of meeting the requirements of the Strategic plan; rather the examination of the information available in order to determine whether there is either sufficient or insufficient evidence, that on the balance of reasonableness the development was carried out in excess of 4 years.
PLANNING HISTORY 4.1 The previous planning applications are not considered to be specifically material in the assessment of the current application.
REPRESENTATIONS 5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that there is no highways interest in the letter dated 22 February 2018.
5.2 Douglas Borough Council have commented on this application and stated that they do not object in the letter dated 5 February 2018.
ASSESSMENT 6.1 The assessment of the application requires the examination of the information available in order to determine whether there is either sufficient or insufficient evidence, that on the balance of reasonableness the development has been in excess of 4 years.
6.2 Having visited the site it seems apparent that the windows were installed a number of years ago and not recently, however it is not possible to determine from observation only, exactly how long they have been in place.
6.3 The applicant has provided a statement including a description of the works and an indicating the dates of installation; the statement is accompanied by photographs and images taken from Google Streetview which is known to be taken in 2010. The applicant has included an affidavit, with accompanying letters from the contractors involved in carrying out the works that have been confirmed by an Advocate.
6.4 With regards to the installation of replacement PVC windows and rooflights, the submitted statement and letter from Douglas Glazing Ltd states that the works were carried out in two stages, the first being the front elevation and rooflights installed in November 2004 and the second being the rear elevation in March 2010. The affidavit and the Google Streetview image confirm this.
6.5 With regards to the works to the roof and in particular the PVC fascia boards, the submitted statement and invoice/letter from R. Nelson Tiling, Roofing & General Building Maintenance state that the works were carried out between July and August 2011. The affidavit confirms this.
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18/00051/LAW Page 3 of 3
6.6 With regards to the alterations to rear yard parking area, the submitted statement and letter from E. Richmond Building Contractor state that the works were carried out between June and August 1997. The affidavit confirms this and the Google Streetview image appears to show an access with large wooden gates.
6.7 Schedule Part 1, Paragraph 3 (a) of The Act as mentioned above, means that enforcement action cannot be taken on development which has been carried out in excess of four years.
CONCLUSION 7.1 Having assessed the evidence provided, visited the site it would appear that on the balance of reasonableness the windows were installed more than 4 years ago. As such, it is recommended that a Certificate of Lawfulness of Development is granted in respect of these works.
INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.
The following paragraph should be included if relevant (i.e. if representation from another part of DEFA):
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
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.
Decision Made : Permitted Date : 20.03.2018 Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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