170346

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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 18/01109/LAW Applicant : Mr Victor & Mrs Pamela Bates Proposal : Application for certificate of Lawful Development for the installation of two replacement rear windows, patio door and window and roofing works Site Address : 7 - 9 Station Road Peel Isle of Man IM5 1AY

Planning Officer: Miss Lucy Kinrade Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Certificate of Lawful Use/Devel Approved Date of Recommendation: 19.12.2018 __

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, the installation of patio doors or the installation of a rear roof slope at 7-9 Station Road, Peel.

Plans/Drawings/Information:

The certificate relates to the following information all date stamped and received 23/10/2018:

location plan;

4 x external photographs of the windows; and

1 x copy of the property deeds;

1 x invoice for patio doors and side lights dated 21/06/2005;

2 x invoices for works to the rear roof dated 14/03/2012, and

A written statement from the applicants.

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Officer’s Report

1.0 APPLICATION SITE 1.1 The application site is the residential curtilage of 7-9 Station Road, Peel, an existing three storey mid terrace dwelling situated on the southern side of the main road and adjacent the traffic light junction with Station Place.

1.2 Station Road 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 and is finished in traditional sliding sash windows throughout the front façade.

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1.3 On the rear the property has existing upvc top opening windows and a set of patio doors at ground floor. Above the property has been installed with a new replacement roof slope finished in re-claimed and re-used slate to match the front roof slope.

2.0 THE PROPOSAL AND EVIDENCE SUBMITTED 2.1 A Certificate of Lawful Development is sought for the top opening windows on the rear elevation, the installation of patio doors and the replacement of the rear roof slope.

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

location plan;

4 x external photographs of the windows; and

1 x copy of the property deeds;

1 x invoice for patio doors and side lights dated 21/06/2005;

2 x invoices for works to the rear roof dated 14/03/2012, and

A written statement from the applicants.

3.0 PLANNING HISTORY 3.1 There has only been one previous planning application at the site submitted and approved under PA 12/00230/B for the replacement of the garage door.

4.0 REPRESENTATIONS 4.1 Peel Town Commissioners - no objection (06/12/18).

4.2 DOI Highway Services - NHI No Highways Interest (02/11/2018)

5.0 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 and whether the works constitute development that requires planning approval. 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 rear windows, patio door and side lights and roof 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 on the rear elevation and the supporting statement indicates that these have been in situ since purchase of the property in 1999 although no evidence has been provided. Following a review of Google street view where the rear elevation can be viewed from further south along the road it is evident that the windows as shown on the photographs match those shown on Street View captured in 2010.

5.3 Given the arrangement of the dwelling views on Google street view are not achievable for the patio doors and side lights, however the application has been submitted with a copy of the invoice for their installation dated 21/06/2005 evidencing their installation being in excess of 4 years ago.

5.4 The application has provided two copies of invoicing relating to the installation of the replacement rear roof slope. When it comes to the definition of 'development' the Town and Country Planning Act 1999 states

"(3) The following operations shall not be taken for the purposes of this Act to involve development -

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(a) the carrying out for the maintenance, improvement or other alteration of any building of works which (i) affect only the interior of the building, or (ii) do not materially affect the external appearance of the building; and are not works for the alteration of a building by providing additional space in it underground;"

5.5 It is clear from the invoice and Google Street view 2010 that the existing roof was finished in slate and included a natural/beige coloured central ridge tile. The invoice also included information stating that those slates capable of re-use were to be re-installed on the replacement roof slope. It could be argued that the maintenance and alterations of the rear roof slope have not resulted in a material change to the external appearance constituting development for which a planning application would not be required. However given the evidence of the invoices and these dating 2012 it is considered that the roof has been in situ over 4 years.

CONCLUSION 6.1 In view of the above, it is considered that the information and evidence submitted for the application and a separate review of Google Street View 2010 provides clear and sufficient evidence to justify that the works to the dwelling have been in existence for a period longer than 4 years.

6.2 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 the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Certificate of Lawful Development Approved Date : 21.12.2018

Determining officer

Signed : S BUTLER

Stephen Butler

Head of Development Management

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.