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24/91429/LAW Page 1 of 3
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/91429/LAW Applicant : Mrs Sharon Kaighin Proposal : Certificate of Lawfulness for installation of replacement roof Site Address : 10 Albert Street Ramsey Isle Of Man IM8 1JF
Planning Officer: Vanessa Porter Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Certificate of Lawful Use/Devel Approved Date of Recommendation: 28.01.2025 __
Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions
C 1. There is sufficient evidence to demonstrate that the replacement roof to 10 Albert Street, Ramsey 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 9th December 2024 __
Right to Appeal
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: 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;
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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 replacement roof to No. 10 Albert Street, Ramsey, which is three storey mid terrace dwelling situated to the North of Albert Street.
2.2 The application seeking the Certificate of Lawfulness was submitted on 9th December 2024.
PLANNING HISTORY 3.1 The following are applications upon the site PA24/01113/CON - Registered Building Consent for demolition aspects to 24/00814/B - Permitted PA24/00814/B - Insertion of access gate into rear wall of property (amendment to PA 23/00246/B; in association with 24/91113/CON) - Permitted PA23/00247/CON - Registered Building Consent for demolition elements to PA23/00246/B - Permitted PA23/00246/B - Erection of a replacement rear wall - Permitted
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. Letter dated 2nd March 2018 from Mrs E L Spencer - Planning Enforcement Officer iv. Invoice dated 27th February 2017 regarding roof works v. Location Plan vi. Site Plan vii. Photographs of the works
ASSESSMENT 6.1 When considering this application, the applicant seeks to reply of the fact that the replacement roof was installed in 2017 and that it 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.
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6.2 When looking at the information provided as part of the application, the weight can solely be put upon the letter received from Mrs E L Spencer regarding enforcement action for the raising of the roof and the invoice for roofing works. Both are dated more than 4 years ago.
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 replacement roof 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.
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I can confirm that this decision has been made by the 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, and/or rights to appeal.
Decision Made : Certificate of Lawful Use/Devel Approved
Date : 04.02.2025
Determining Officer Signed : S BUTLER
Stephen Butler
Head of Development Management
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