Loading document...
Application No.: 19/00683/LAW Applicant: Dean Jonathon Barton Proposal: Certificate of lawful use for installation of windows and door to front elevation Site Address: 68 Derby Road Douglas Isle Of Man IM2 3EB Planning Officer: Mr Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 19.07.2019 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions C 1. This decision relates to the Google Street view dated 11 June 2019 together with the documents and letters received on 11 June 2019.
The evidence submitted, along with the information from other Departments/Divisions, suggests on the balance of probabilities that the windows and door on the front elevation have been on site for a period in excess of 4 years.
_______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ Officer’s Report SITE DESCRIPTION
1.1 The application site is the residential curtilage of 68 Derby Road, Douglas, a three storey dwelling which is a part of an existing Victorian red brick terrace. The existing dwelling has a frontage that faces South-East onto Derby Road. This façade comprises a door and bay window at ground floor and three windows at first floor, and three windows on the top floor. The windows to this dwelling are top opening UPVC windows with white frames, except the windows on the top floor that are bottom hung upvc windows. The entrance door to the dwelling is a brown PVC door.
1.2 There is a red brick dwarf wall with cap forming a boundary to the front garden. This wall is attached to two red brick gate posts with cap that supports the metal pedestrian gate on the entrance to the property. THE PROPOSAL AND EVIDENCE SUBMITTED
2.1 A Certificate of Lawful Development is sought for the existing windows and door to the front elevation of the property. - 2.2 The application has been submitted with the following evidence (in no order):
3.1 The application site has been the subject of a single previous planning application, which is considered materially relevant to the assessment of this current planning application and was refused in 2005: 05/01262/B- Installation of a replacement uPVC front door (Conservation area).
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
4.1 Douglas Borough Council indicates that they do not oppose the application in the letter dated 3 July 2019.
4.2 Manx National Heritage although consulted on 26 June 2019, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application. 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 windows and door 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 google image and supporting letter highlighting that works for the replacement windows had been carried out circa 2005 and that no enforcement action would be taken. These serve as clear evidence that the existing windows have been in situ for a period in excess of 4 years.
CONCLUSION 6.1 In view of the above, it is considered that the information and evidence submitted for the application is sufficient evidence to justify that the windows and roof lights have been in situ 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 a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date: 01.08.2019 Determining officer
Signed : S CORLETT Sarah Corlett Principal Planner
Copyright in submitted documents remains with their authors. Request removal
View as Markdown