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                                      24/00573/LAW                                     Page  1  of  3

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 24/00573/LAW Applicant : Mrs Vicky Croydon Proposal : Certificate of lawful development for the creation of an enclosed front porch Site Address : 9 St Patricks View Peel Isle Of Man IM5 1UR

Planning Officer: Vanessa Porter Photo Taken : Site Visit : Expected Decision Level :

Recommendation

Recommended Decision:

Certificate of Lawful Use/Devel Approved Date of Recommendation: 14.06.2024 __

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. There is sufficient evidence to demonstrate that the enclosure of the front porch has been in situ for a period exceeding 4 years and as such, it is recommended that a Certificate of Lawful Development can be issued.

Plans/Drawings/Information;

This decision relates to the information all received on 17th May 2024.

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Interested Person Status - Additional Persons

N/A __

Officer’s Report

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:

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                                      24/00573/LAW                                     Page  2  of  3

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 Authority 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.

APPLICATION SITE

2.1 The application seeks a Certificate of Lawful Use in respect of the enclosing of the front porch with windows and a door. The property is a detached two storey dwelling situated upon a corner plot to the Eastern side of the St Patricks View cul-de-sac, which is a cul-de-sac of 9 houses situated off Ramsey Road to the North.

2.2 The application seeking the Certificate of Lawfulness was submitted on 17th May 2024.

PLANNING HISTORY

3.1 The application site has had several previous applications;

3.2 PA04/01973/B - Erection of a garden shed - Permitted

3.3 PA06/01176/B - Removal of part of roadside bank and erection of fencing - Permitted

3.4 PA10/01582/B - Erection of conservatory to rear elevation - Permitted

3.5 PA14/00940/B - Replace existing glazed conservatory roof with roof tiles - Permitted

3.6 There is also one application which was received at the same time as this application which is currently pending, PA24/00554/LAW which is for "Certificate of lawful development for the installation of a flue."

REPRESENTATIONS

4.1 None received at the time of writing this report.

SUMMARY OF EVIDENCE PROVIDED

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                                      24/00573/LAW                                     Page  3  of  3

5.1 The application has been submitted with the following evidence (in no order): i. Location plan; ii. Site Plan iiii. Sellers information with floorplan iv Elevation drawing v Photo prior to works vi Photo after works vii Render Invoice viii Manx Glass and Glazing door invoice dated 24/1/2019 ix Email from neighbouring property confirming works were done apx 2019

ASSESSMENT

6.1 Considering this application, the applicant seeks to rely on the fact that the proposed porch was installed prior to 2019, and as such has 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 While the majority of the evidence submitted shows non dated email invoices, photographs of the works proposed, the door installation quote is dated 24/1/19 which is corroborated by the neighbour. Relying on these two items it is considered that the applicant's evidence is sufficient in this instance when taken in the round.

CONCLUSION

7.1 Whilst the information provided is not conclusive when read on its own, as a whole the information on the balance of probability shows that the porch enclosure has been in for a minimum of 4 years to establish that the development can be considered immune from the issue of an enforcement notice.

7.2 It is recommended that a Certificate of Lawful Development be issued in respect of the porch enclosure to the front elevation of the application property.

INTERESTED PARTY 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 the Acting Head of Development Management 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 : 20.06.2024

Determining officer Signed : A MORGAN Abigail Morgan

Acting Head of Development Management 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.