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20/01076/LAW Page 1 of 3
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/01076/LAW Applicant : Mr Mark Christian Proposal : Certificate of lawful development for a window / door and roof alteration to rear outlet Site Address : 33 Marathon Avenue Douglas Isle Of Man IM2 4JB
Planning Officer: Mr Peiran Shen Photo Taken : 07.10.2020 Site Visit : 07.10.2020 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 02.11.2020 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. There is sufficient evidence to demonstrate that the front door and window shown in the submitted information has been in situ since at least 2010.
Plans/Drawings/Information; This decision relates to the submitted documents, location plan, applicant's statements, photos, invoices, google street view photos and drawing no. 1557.1 date-stamped as having been received on 17th September 2020. __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 INTRODUCTION 1.1 The application seeks a Certificate of Lawful Development in respect of the replacement of a window/door and roof alteration. The application seeking the Certificate of Lawfulness was submitted on 17th September 2020. This means the relevant 4 years for consideration is from 17th September 2016.
1.2 In accordance with the provisions of Schedule 4, Part 1, paragraph 3 of the Town and Country Planning Act 1999 ("the Act"), a development carried out in breach of planning control shall become immune from enforcement action after a certain period of time, provided that formal enforcement action has not already been taken. The relevant time periods are set out below:
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20/01076/LAW Page 2 of 3
a) in respect of a breach of planning control consisting of the carrying out without planning approval of the building, engineering, mining or other operations in, on, over or under land, after the end of the period of 4 years beginning with the date on which the operations were substantially completed; b) in respect of a breach of planning control consisting of the change of use of any building to use as a single dwelling house, after the end of the period of 4 years beginning with the date of the breach; c) in respect of any other breach of planning control, after the end of the period of 10 years beginning with the date of the breach.
1.3 Section 24 of the Act makes provision for the submission and issuing of a Certificate of Lawfulness to establish the lawfulness of a breach of planning control.
1.4 An application for a Certificate of Lawfulness is determined based on fact. Unlike an application for planning approval, it is not concerned with land-use planning considerations or the impacts of the development upon the public realm.
1.5 The principal test is whether, on the balance of probabilities, the breach of planning control occurred in excess of four years ago. If the Planning Authority has no evidence of its own to contradict that provided by the applicant, then provided if the applicant's evidence is sufficiently precise and unambiguous, a Certificate of Lawfulness may be issued. It is not usually necessary for the Planning Authority to corroborate the applicant's evidence.
2.0 THE SITE 2.1 The application site is the residential curtilage of 33 Marathon Avenue, Douglas, a two- storey end-of-terrace house located on the northeast end of Marathon Avenue.
3.0 THE PROPOSAL 3.1 The planning application seeks approval for the Certificate of Lawful Development for the replacement of a window/door and roof alteration of the rear extension.
4.0 PLANNING HISTORY 4.1 There is no previous application considered materially relevant to this application.
5.0 REPRESENTATION 5.1 No representation has been received at the time of the report (02/11/2020).
6.0 ASSESSMENT / SUMMARY OF EVIDENCE PROVIDED 6.1 In terms of whether the replacement of a window, a door and roof alteration on the rear roof extension have been in place for more than 4 years from the date of submission, the Department considers that it has. The most relevant piece of evidence is via Google Street View, which was taken in 2010. Within this, it is basically clear that comparing to the photos taken during a site visit in October 2020, the windows and roof tiles were in situ in 2010, hence longer than the required 4 year period. In addition, the invoice for the rear door and the roof tiles dated back to 2002, well beyond the 4-year test. Although there is no direct evidence for the date of installation, a combination of these facts would fit into the applicant's comment in terms of when replacement took place (2002).
7.0 CONCLUSION 7.1 On the balance of probabilities, the evidence sufficiently demonstrates that the replacement of a window, a door and roof alteration on the rear extension have been in situ for more than 4 years. 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) and it is recommended that a Certificate of Lawful Development is granted.
8.0 RECOMMENDATION
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20/01076/LAW Page 3 of 3
8.1 It is recommended that the application for a Certificate of Lawfulness is agreed.
9.0 INTERESTED PARTY STATUS 9.1 As the application is for a CLD this is not required to be assessed. __
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: 06.11.2020
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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