26 April 2024 · Delegated - Acting Head of Development Management (A Morgan)
13, Belgravia Road, Onchan, Isle Of Man, IM3 1hn
The application sought confirmation that alterations to the front boundary wall to create a widened driveway access and dropped kerb at an end-of-terrace house were lawful due to exceeding the 4-year immunity period from enforcement under the Town and Country Planning Act 1999.
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The principal test for a Certificate of Lawful Development is whether, on the balance of probabilities, the breach of planning control has subsisted continuously for at least 4 years for building oper…
Evidence of 4-year immunity
There is sufficient evidence to demonstrate that the works done to the front boundary walling to create an access onto the highway have been in situ for a period exceeding 4 years and as such, it is recommended that a Certificate of Lawful Development can be issued.
recommend that the application be APPROVED for planning purposes only
Onchan District Commissioners recommend approval of the certificate of lawful development for a widened vehicular access and dropped kerb at 13 Belgravia Road, Onchan.
Onchan District Commissioners
SupportThe Commissioners would recommend that the application be APPROVED for planning purposes only.
