220871

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                                                 25/00318/LAW                                      Page  1  of  3

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 25/00318/LAW Applicant : Tracey Hudson Proposal : Certificate of Lawful Development for the installation of a flue Site Address : 35 Meadow Crescent Douglas Isle Of Man IM2 1NS

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: 02.05.2025 __

Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions

This application has been recommended for approval for the following reason. There is sufficient evidence to demonstrate that a flue has been installed within the rear extension of "35 Meadow Crescent" and 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 3rd April 2025

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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;

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                                                 25/00318/LAW                                      Page  2  of  3

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 flue within the rear extension built under PA16/00095/B at No.35 Meadow Crescent, Douglas which is a two storey semi-detached dwelling situated to the South of Meadow Crescent, and is the last dwelling prior to the car parking for Scoill Vallajeelt.

2.2 The application seeking the Certificate of Lawfulness was submitted on 3rd April 2025.

PLANNING HISTORY 3.1 There is one previous application on the site which is relevant PA16/00095/B which was for the "Erection of a single storey extension to rear elevation," which was permitted.

REPRESENTATIONS 4.1 Douglas Corporation have considered the application and have no objections. (09.04.25)

4.2 Highway Services have considered the application and have "No Highways Interest." (07.04.25)

SUMMARY OF EVIDENCE PROVIDED 5.1 The application has been submitted with the following evidence (in no order): i. Application Form ii. Site Plan iii. Location Plan iv. Interior photo showing the stove in situ v. Google Earth photo dated 11/07/23 vi. Google Earth photo dated 3/12/12 vii. Google Earth photo dated Nov 2023 (no date on photo provided) viii. Notice of Planning Application for PA16/00095/B ix. Completion Certificate from Douglas Corporation, dated 12th July 2017 x. Covering Letter xi. Warm and Cozy Certificate dated 29/10/16 xii. Warm and Cozy Certificate dated 24/02/25 xiii. Completed Appendix A dated 24/02/25

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                                                 25/00318/LAW                                      Page  3  of  3

ASSESSMENT 6.1 In consideration of this application, the application seeks to rely on the information provided to prove that a flue was installed in the rear extension when it was built late 2016/ early 2017. The information provided helps in providing evidence to provide the benefit of doubt. The aerials provided are not 100% clear as such the Government's aerials were checked. On the 2018 aerial there is a clear shadow line from the flue, as such with this in mind and the evidence provided confirm the flue 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.

CONCLUSION 7.1 Whilst the information provided is not conclusive, with the addition of the Governments aerials, it is considered on the balance of probability 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 a flue to the rear extension 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.

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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 : 02.05.2025

Determining Officer

Signed : S BUTLER

Stephen Butler

Head of Development Management

Customer note

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