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18/00183/LAW Page 1 of 3
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/00183/LAW Applicant : Mr David Dallimore Proposal : Application for certificate of Lawful Development for installation of replacement windows on rear elevation Site Address : 2 Roslyn Terrace Douglas Isle Of Man IM2 5DE
Case Officer : Mr Owen Gore Photo Taken :
Site Visit : 24.04.2018 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Certificate of Lawful Use/Devel Approved Date of Recommendation: 08.05.2018 __
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 building which is identified by the red line on the Location Plan date stamped 22 February 2018 were carried out before May 2014.
Plans/Drawings/Information;
This certificate relates to the following plans and documents: -
Location Plan Applicant's Statement Covering letter from the advocates Callin Wild Property Information Questionnaire Photographs Date-stamped as having been received 22 February 2018
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Interested Person Status - Additional Persons
None __
Officer’s Report
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18/00183/LAW Page 2 of 3
THE SITE 1.1 The application site is a dwellinghouse within a row of terraced properties. The property is adjacent to the last dwelling in the row of residential properties and over the road from Ballaqueeney Lodge. This side of the street scene is characterised by a similar style of terraced property with a mix of window types but mostly timber on the front. The application site is within the Windsor Road Conservation Area.
THE PROPOSAL 2.1 The application seeks to demonstrate the lawfulness of the uPVC windows to the rear of the property.
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 Ballaquayle 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 refused planning application ref: - 02/01399/B for installation of uPVC windows to replace existing to front of dwelling is considered to be specifically material in the assessment of the current application.
REPRESENTATIONS 5.1 Douglas Borough Council have commented on this application and stated that they do not object in the letter dated 22 March 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 history of ownership for the dwelling. In this statement the applicant has referred to the reference number/code that appears on the internal part of the frame and has noted the year 2002 which appears as part of this code; the year is proceeded by a British Standard reference and it is considered likely that the year is also part of this reference (BS7413:2002 - Unplasticized polyvinyl chloride (PVC-U) profiles for windows and doors Specification).
6.4 The statement is accompanied by a 'Property Information Questionnaire' and a covering letter from the advocates Callin Wild. The covering letter refers to four documents; however the submitted questionnaire is not included on this list and the other documents been included
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18/00183/LAW Page 3 of 3
as part of the submission. The questionnaire has been completed by hand and does not include a date on page 10 where this has been requested.
6.5 With regards to the installation of replacement uPVC windows, the submitted statement and the questionnaire seem to indicate that they were likely fitted between 2002 and 2004. Images taken from Google Streetview, which is known to be taken in 2010, show the uPVC windows of the same type and style that can been seen in the submitted photographs.
6.6 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 available and 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. __
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Certificate of Lawful Use/Devel - Approved
Date: 09.05.2018
Determining officer
Signed : C BALMER
Chris Balmer
Senior Planning Officer
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