Loading document...
==== PAGE 1 ====
24/00393/LAW Page 1 of 3
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00393/LAW Applicant : Department Of Education, Sport & Culture Proposal : Certificate of Lawful Use for the siting of three containers for the storage of equipment in association with sports activities Site Address : National Sports Centre 56 Groves Road Douglas Isle Of Man
Planning Officer: Lucy Kinrade Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Certificate of Lawful Use/Devel Approved Date of Recommendation: 20.05.2024 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
N/A
This application has been recommended for approval for the following reason. There is sufficient evidence to demonstrate that the three containers for the storage of equipment in association with sports activities have been in situ for a period in excess of 4 years and therefore it is recommended that a Certificate of Lawful Development can be issued.
Plans/Drawings/Information;
o Location plan dwg no. 10-10 Rev A o Site Plan and photographs dwg no. 10-11 Rev A o 3 x purchase order forms dated 2016 - 2019 o Flood Risk Assessment
o Google earth images dated 2012, 2019, 2020 and 2023 o Covering Letter o Drawing register
__
Interested Person Status - Additional Persons
==== PAGE 2 ====
24/00393/LAW Page 2 of 3
None __
Officer’s Report
1.0 INTRODUCTION 1.1 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:
a) in respect of a breach of planning control consisting of the carrying out without planning approval of 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.
1.2 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.
1.3 An application for a Certificate of Lawfulness is determined on the basis of 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.
1.4 The principal test is whether, on the balance of probabilities, the breach of planning control has occurred continuously for the given period. The burden of proof rests with the applicant and their evidence must be both precise and unambiguous. If the Planning Directorate has no evidence of its own to contradict that provided by the applicant, then provided that the applicant's evidence is sufficiently precise and unambiguous, a Certificate of Lawfulness may be issued. It is not usually necessary for the Planning Department to corroborate the applicant's evidence.
2.0 APPLICATION SITE 2.1 The application site relates to The National Sports Centre (NSC), Douglas.
3.0 THE PROPOSAL AND EVIDENCE SUBMITTED 3.1 A Certificate of Lawful Development is sought for: o Siting of three shipping containers; one alongside the main building and two alongside the astro pitch.
3.2 The application has been submitted with the following evidence (in no order): o Location plan dwg no. 10-10 Rev A o Site Plan and photographs dwg no. 10-11 Rev A o 3 x purchase order forms dated 2016 - 2019 o Google earth images dated 2012, 2019, 2020 and 2023 o Covering Letter o Flood Risk Assessment o Drawing register
==== PAGE 3 ====
24/00393/LAW Page 3 of 3
3.3 The application form compiled by the applicant states that the use started 26/04/2016, and that the containers are used to store sports equipment relating to the wider site.
4.0 PLANNING HISTORY 4.1 The site has been subject to a number of previous application although not relevant to this application.
5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 No comments have been received as of 20.05.2024
6.0 ASSESSMENT 6.1 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. 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 containers in question 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.
6.2 The applicant has provided 3 x purchase orders dated between 2016-2019 and 2 x site aerial photographs dated Feb 2019 and March 2020 on which the three containers can be seen and so on the balance of probabilities taking the information supplied it is considered that the containers have been physically in situ for a period in excess of 4 years.
7.0 CONCLUSION 7.1 In view of the above, it is recommended that a Certificate of Lawfulness for the development of the containers can be issued.
8.0 INTERESTED PERSON STATUS 8.1 As the application is for a CLU this is not required to be assessed. There is no right to appeal against this decision. __
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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Certificate of Lawful Use/Devel Approved
Date: 22.05.2024
Determining officer Signed : C BALMER
Chris Balmer
Principal Planner
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.
Copyright in submitted documents remains with their authors. Request removal