DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 24/01071/LAW Applicant: Ms Mary Trainor Proposal: Certificate of Lawful Development for the location of a chimney pot Site Address: 20 Upper Dukes Road Douglas Isle Of Man IM2 4AZ Planning Officer: Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Certificate of Lawful Use/Devel Approved Date of Recommendation: 16.10.2024 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. There is sufficient evidence to demonstrate that the chimney pot to the roof of 20 Upper Dukes Road has been in place for a period exceeding 4 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).

Plans/Drawings/Information; This decision relates to the information all received on 12th September 2024 ___________________________________________________________________

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:

• 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 installation of a chimney pot to No. 20 Upper Dukes Road, which is a mid terrace two storey from the roadside, three from the rear property to the South East of Upper Duke's Road. - 2.2 The application seeking the Certificate of Lawfulness was submitted on 12th September 2024. PLANNING HISTORY

3.1 There are no previous applications on the property. REPRESENTATIONS - 4.1 None received at the time of writing this report. SUMMARY OF EVIDENCE PROVIDED - 5.1 The application has been submitted with the following evidence (in no order):

• i. Application Form
• ii. Covering Letter
• iii. Site Location Plan
• iv. Site photos, one from the sellers information dated 1st January 2016 and the other from Google Street View dated October 2010

ASSESSMENT

6.1 Considering this application, the applicant seeks to rely on the fact that the windows to the rear were installed in or around 2002 when the front windows were replaced under 02/00094/B and 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 The evidence submitted clearly shows that there is a difference in the roof from 2010 to 2016, of which the 2016 photo shows the chimney pot in place. CONCLUSION - 7.1 It is considered on the balance of probability, considering the information provided, that the works have been in situ 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 installation of a chimney pot on 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 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 and/or rights to appeal.

Decision Made : Certificate of Lawful Use/Devel Approved Date: 17.10.2024 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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