371871

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                                                 25/01040/LAW                                      Page  1  of  3

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 25/01040/LAW Applicant : Peter Gwyn Roberts Proposal : Certificate of Lawful Development for attached outbuilding/utility room and use of rear of curtilage for off-road parking Site Address : 60 Royal Avenue Onchan IM3 1LB

Planning Officer: Peiran Shen Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Certificate of Lawful Use/Devel Approved Date of Recommendation: 02.12.2025 __

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

C 1. There is sufficient evidence demonstrating the rear boundary wall has been removed for more than 4 years and the attached outbuilding (utility room) at the side of the house and the rear parking area has been in situ for more than 4 years.

Plans/Drawings/Information;

The rear boundary wall has been removed for more than 4 years and the attached outbuilding at the side of the house and the rear parking area has been in situ for more than 4 years

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Officer’s Report

1.0 INTRODUCTION 1.1 The application seeks a Certificate of Lawful Development in respect of erection of an attached outbuilding, demolition of the rear boundary wall and convert the existing rear garden into a parking area. The application seeking the Certificate of Lawfulness was submitted on 7th November 2025. It means the relevant 4 years for consideration are from 7th November 2021.

1.2 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 the 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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                                                 25/01040/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.

1.3 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.

1.4 An application for a Certificate of Lawfulness is determined based on 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.

1.5 The principal test is whether, on the balance of probabilities, the breach of planning control occurred in excess of four years ago. If the Planning Authority has no evidence of its own to contradict that provided by the applicant, then provided if the applicant's evidence is sufficiently precise and unambiguous, a Certificate of Lawfulness may be issued. It is not usually necessary for the Planning Authority to corroborate the applicant's evidence.

2.0 THE SITE 2.1 The application site is 60 Royal Avenue, Onchan.

3.0 THE PROPOSAL 3.1 The application seeks a Certificate of Lawful Development for the erection of an attached outbuilding at the side of the house, the removal of the rear boundary wall and the conversion of the rear garden into a parking area.

4.0 PLANNING HISTORY 4.1 There is no previous application considered materially relevant to this application.

5.0 REPRESENTATION 5.1 Onchan District Commissioners has not commented at the time of this report (12.11.2025).

6.0 ASSESSMENT / SUMMARY OF EVIDENCE PROVIDED 6.1 In terms of whether the erection of an attached outbuilding at the side of the house, the removal of the rear boundary wall and the conversion of the rear garden into a parking area have taken place for more than 4 years from the date of submission, the Department considers that they have. The most relevant evidence is the satellite image from the 2021. Within these, it is clear that the erection of an attached outbuilding at the side of the house, the removal of the rear boundary wall and the conversion of the rear garden into a parking area was completed by 2021. Hence, the erection of an attached outbuilding at the side of the house, the removal of the rear boundary wall and the conversion of the rear garden into a parking area took place longer than the required 4-year period.

7.0 CONCLUSION 7.1 On the balance of probabilities, the evidence demonstrates that the rear boundary wall has been removed for more than 4 years and the attached outbuilding at the side of the house and the rear parking area has been in situ for more than 4 years. As such, the Department may not issue an enforcement notice due to the provisions of the Town and Country Planning Act 1999 Schedule 4 Part 1 paragraph 3(a), and it is recommended that a Certificate of Lawful Development is granted.

8.0 RECOMMENDATION 8.1 It is recommended that the application for a Certificate of Lawfulness is agreed.

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                                                 25/01040/LAW                                      Page  3  of  3

9.0 INTERESTED PARTY STATUS 9.1 As the application is for a CLD, it is not required to be assessed. __

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: 04.12.2025

Determining Officer

Signed : C BALMER

Chris Balmer

Principal Planner

Customer note

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