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Application No.: 18/00199/LAW Applicant: Nicholas William Harger Mitchell Proposal: Application for certificate of Lawful Development for installation of replacement windows Site Address: 24 Church Street Peel Isle Of Man IM5 1HL Case Officer : Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Certificate of Lawful Use/Devel Approved Date of Recommendation: 12.04.2018 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
C 1. Sufficient evidence has been supplied to issue a Certificate of Lawful Development confirming that no enforcement notice can or should be issued in respect of the installation of replacement windows on the front elevation of 24 Church Street, Peel.
This Certificate of Lawful Development relates to the site plan, site photograph and google street view image Oct 2010 all date stamped and received 05/03/2018.
_______________________________________________________________ Interested Person Status – Additional Persons NONE _____________________________________________________________________________ Officer’s Report APPLICATION SITE
1.1 The application site is the residential curtilage of 24 Church Street, Peel, a three storey mid terrace dwelling situated on the western side of the main road and sitting at the southern end of the street. - 1.2 Church Street is part of the Peel Conservation Area; it is also a well-used route through the town. The existing property fronts directly on to the road. - 1.3 On the front elevation the property has a front access door and large window at ground level and two windows to each of the floors above.
2.1 A Certificate of Lawful Development is sought for the installation of replacement windows to the front elevation of the property - 2.2 The application has been submitted with the following evidence (in no order):
3.1 A contemporaneous application has been submitted for the site for the retrospective roofing works carried out to the dwelling and workshop. This application is yet to be determined under PA 18/00124/B. REPRESENTATIONS - 4.1 Peel Town Commissioners have no objection (06/04/18). ASSESSMENT - 5.1 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 windows in question 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.
5.2 The applicant has provided a current photograph of the windows within the front elevation, they have also sought to submit photographic evidence of the windows as viewed on Google street view captured in October 2010. Following a desktop study of Google street view the image is considered to be accurate and correct. The information submitted for the application provides clear and justified evidence that the existing windows have been installed and in situ for a period longer than 4 years. CONCLUSION - 6.1 In view of the above, it is recommended that a Certificate of Lawful Development be issued to confirm that no enforcement notice can or should be issued in respect of the operations.
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: 13.04.2018 Determining officer
Signed : S CORLETT Sarah Corlett Senior Planning Officer
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