Condition Compliance Memo

Department Of Infrastructure ### Memorandum To: Jennifer Chance, Development Control Manager From: Ian Brooks, Planning Officer Subject: Compliance of conditions on 09/00253/B - Refurbishment of dwelling, 29 Allan Street, Douglas, Isle of Man, IM1 3DW. Date: To consider the submission of details in accordance with Conditions 3 and 4 of Planning Approval 09/00253/B dated 17th April 2009. Condition 3 stated: "The roof(s) must be finished in natural slate or a high quality imitation slate which must be approved by the Planning Authority PRIOR to the commencement of works." The condition was based on information annotated on the submitted plans. The applicants had shown they were re-use the slates from the previous dwelling. I considered it was appropriate to place a condition stating that the roofs must be finished in natural slate; however, I also intended some flexibility if they did not have enough slates to use high quality imitation slates. However, the applicants have constructed the roof of the dwelling with either natural slate or a high quality slate. Instead the applicants have constructed the roof with a grey concrete tile, which they have submitted for approval under the above condition. The concrete tile is not an imitation slate and therefore it does not comply with the condition. I am unable to recommend its approval under the above condition. The applicants have blatantly breached the condition by not finishing the roof in the natural slate or seeking approval of an imitation slate. However, I must consider whether the use of a concrete tile would adversely affect the visual amenity of the area. The refurbished dwelling is not located within a Conservation Area. There are concrete tiles in the street scene. The majority of the roofs are constructed out of slate. On balance, use of a concrete would not adversely affect the visual amenities of the street scene. I therefore consider enforcement action would not be in the public interest as the harm caused by the development is very minimal. Condition 4 stated: "Prior to the commence of works, details of the paint finish for render must be submitted to and approved in writing by the Planning Authority and thereafter the works shall be carried out in accordance with the approved details." The applicants have indicated that the buildings have been used using Dulux Weathershield Masonry paint. The colour of the paint used was Buttermilk. The details submitted are in accordance with condition 7 are considered to be acceptable. Signed ..... Signed. Date. 25/2/13 Date. Jennifer Chance Development Control Manager