14 September 2020 · Head of Development Management (Stephen Butler)
77, Cronk Drean, Douglas, Isle Of Man, IM2 6as
The application sought confirmation that replacing the roof tiles on a detached house in a residential estate in Douglas with lighter, smooth tiles (instead of the original darker, profiled ones) in 2014 was lawful.
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The purpose of a Certificate of Lawfulness is to demonstrate that the development has been substantially completed for at least four years, rendering it immune from enforcement notice under Town and C…
General Policy 2
GP2 seeks to ensure development does not adversely impact the character and appearance of the Predominantly Residential area under Douglas Local Plan and draft Area Plan for the East. The officer noted this policy is applicable but explicitly stated the merits of the application are not at issue for a lawful development certificate, so no assessment against it was conducted.
Evidence of four-year existence
There is sufficient evidence to demonstrate that the roof tiles shown in the drawings and information received on 4th August, 2020 has been in existence for a period of four years and as such, the Department may not issue an enforcement notice due to the provisions of Town and Country Planning Act 1999 Schedule 4 Part 1 paragraph 3(a).
