Officer Extension Recommendation Memo

Department Of Infrastructure Planning and Building Control Division MEMORANDUM To: Development Control Manager From: Miss Sarah Corlett, Senior Planning Officer Date: April, 2013 Re: PA 09/00128/REM - reserved matters application for the erection of two semi-detached dwellings with integral garages, site opposite St. Mary's hall, Gelling's Avenue, Port St. Mary ### Description

1.1 The application followed on from an approval in principle, PA 05/92275 for the principle of a pair of semi-detached dwellings. There were objections to the application from the Commissioners and the neighbour to the side regarding the dormers which were changed to rooflights, and the stability of the side boundary wall, which was resolved through negotiation. 1.2 The approval is due to expire on 10th July, 2013. The applicant's agent explains that after having been granted the approval, the applicant suffered an accident which has resulted in him not being able to work since then. He was intending to undertake the work himself but now he is unable to do this and intends only to supervise the work himself, using subcontractors until he is in a position to do the work himself. 1.3 The applicant now requests an extension of a further twelve months in order to be able to restructure the works. He includes a letter from his GP which confirms that the applicant has been unable to undertaken any physical work since his accident in December, 2009.

Planning procedure

2.1 The Town and Country Planning (Development Procedure) Order 2005, Statutory Document 251/05 states: "13 (1) Any planning approval granted pursuant to this Order shall be deemed to be granted subject to the condition that the development must be begun - (a) not later than the expiration of such period as may be specified therein; or (b) if no such period is specified, the period of 4 years beginning with the date on which it is granted. (2) The period specified under paragraph 1(a) shall not exceed 4 years unless the Department is satisfied that there are special circumstances justifying a longer period. (3) Any person interested in the land to which a planning approval relates may, before the expiration of the period referred to in paragraph (1), apply in writing to the Department for the extension of that period, and the Department may subject to paragraph (2), extend that period by such further period as may be specified in the application or such lesser period as the Department may determine".

Assessment

3.1 Whilst it is usual to grant permission for no longer than a four year period which for most applicants is a sufficient time in which to achieve the relevant other permissions and commence work,

in this case the applicant has clearly experienced difficulties through an accident and fully intends to undertake the work in the foreseeable future. 3.2 The regulations make provision for a longer period of time than 4 years in "special circumstances" and it is considered that the personal circumstances experienced by the applicant are such as to warrant an extension of a further 12 months being granted in this case.

Miss Sarah Corlett Development Control Manager