170209 — 18/00742/LAW | Planning Portal IoM

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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 18/00742/LAW Applicant : Mrs Christine McAndry Proposal : Application to make lawful the bricking up of a window and raising of an annex roof Site Address : 2 Ballaughton Villas Douglas Isle of Man IM2 1JF

Planning Officer: Mr Owen Gore Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Certificate of Lawful Development Approved Date of Recommendation: 19.12.2018 __

The evidence submitted, along with the information from other Departments/Divisions, suggests on the balance of probabilities that the works to brick up the side (south west facing) window with masonry and external render finish, and raising the roof of the rear extension, also with an external render finish, were carried out in excess of 4 years ago.

Plans/Drawings/Information:

This certificate relates to the following plans and documents: -

o Covering Letter Ref: IS/SR/36136.4 o Site Location Plan o Regularisation Certificate Re application No.18/000104/RE from Douglas Borough Council Building Control o Existing Photographs o Google Streetview Images

Date-stamped as having been received 18 July 2018

Interested Person Status - Additional Persons

Not Relevant __

Officer’s Report

THE SITE 1.1 The application site is a semi-detached dwellinghouse within a row of 9 properties that make up Ballaughton Villas on New Castletown Road. The application site is not within a Conservation Area.

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THE PROPOSAL AND EVIDENCE SUBMITTED 2.1 The application seeks to demonstrate the lawfulness of the bricking up of a side (south west facing) window with masonry with an external render finish and raising the roof of the rear extension, also with an external render finish.

2.2 The applicant has described the rear extension as an 'annex'; however the certificate of lawfulness only extends to the physical works to increase the height of the roof and does not confirm the use of the rear extension as an annex in planning terms.

2.3 The submitted letter states that the owner of the property does not hold any information regarding the works at the property has stated that the works were carried out prior to the current owner purchasing the site in June 1996.

2.4 The application has been submitted with the following evidence (in no order) in support:

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 not within a 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 Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 Douglas Borough Council have commented on this application and stated that they do not object in the letter dated 17 August 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 was constructed and works carried out in excess of 4 years.

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6.2 Having visited the site it appears that the external finish over the blocked up window and the side gable of the rear extension was applied some years ago; 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 to confirm that the works were carried out prior them purchasing the property in June 1996; the statement is accompanied by photographs and images taken from Google Streetview which is known to be taken in 2010.

6.4 With regards to the bricking up of a side (south west facing) window with masonry and an external render finish and raising the roof of the rear extension, also with an external render finish, the Google Streetview image seems to confirm this.

6.7 Schedule Part 1, Paragraph 3 of The Act, as mentioned above, means that enforcement action cannot be taken on development of physical works which has been carried out in excess of 4 years.

6.8 Generally if there is no evidence from the information available to the Department, or from others, to contradict or otherwise make the applicant's version of events less than probable, there is no good reason to refuse the application, provided the applicant's evidence, and any other evidence, is sufficient to justify the grant of a certificate 'on the balance of probability'. On the balance of probabilities and as there is no other evidence available to the Department which contradicts or undermines the applicant's version of events, the Department is satisfied with the maximum level of occupation of up to 13 persons within the property.

CONCLUSION 7.1 The evidence submitted, along with the information from other departments/divisions, suggest on the balance of probabilities that the works have indeed been carried out without the benefit of planning permission for a period in excess of 4 years as described above. As such, it is recommended that a Certificate of Lawfulness of Development is granted in respect of these works.

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.

Decision Made : Certificate of Lawful Development Approved Date: 24.12.2018

Determining officer

Signed : S CORLETT Sarah Corlett

Principal Planner

Customer note

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