**Document:** DEC Officer Report
**Application:** 21/01312/LAW — Certificate of Lawful Development for the erection of an enlarged conservatory
**Decision:** Certificate of Lawful Use/Devel Approved
**Decision Date:** 2021-12-22
**Parish:** Marown
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/24487-marown-trollaby-house-lane-lawful-use-certificate/documents/1031452

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# DEC Officer Report

## PLANNING OFFICER REPORT AND RECOMMENDATIONS

**Application No.:** 21/01312/LAW
**Applicant:** Mr Christopher & Mrs Gill Eaton
**Proposal:** Certificate of Lawful Development for the erection of an enlarged conservatory
**Site Address:** Trollaby House Trollaby Lane Union Mills Isle Of Man IM4 4AW
**Planning Officer:** Mr Paul Visigah
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Certificate of Lawful Use/Devel Approved
**Date of Recommendation:** 20.12.2021 _________________________________________________________________

## Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. On the balance of probabilities, the evidence sufficiently demonstrates that the enlarged conservatory has been in situ for more than 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 approval relates to the submitted documents received on 21st October 2021. _______________________________________________________________

## Interested Person Status

Additional Persons

## N/A _____________________________________________________________________________

## Officer’s Report

1.0 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;
- 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. 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.

2.0 THE APPLICATION SITE - 2.1 The site represents the residential curtilage of Trollaby House, a detached dwelling which sits on the south-western side of Trollaby Lane, which is a vehicular route and public right of way which connects the A1 TT course with the A23 (Crosby Back Road). The dwelling has its external walls finished in pebble dash render and its windows are brown UPVC windows. A large conservatory sits to the rear of the dwelling.

3.0 THE PROPOSAL - 3.1 The application seeks a Certificate of Lawful Use in respect of operations carried out in 2005 for the erection of an enlarged conservatory to the rear of dwelling. - 3.2 The application seeking the Certificate of Lawfulness was submitted on 21st October 2021.

4.0 PLANNING HISTORY - 4.1 There have been six previous applications at the site:

- o PA 87/04504/A for Approval in principle to demolition of existing and erection of new dwelling and garage - approved on review
- o PA 89/01850/B for Demolition of cottage and erection of new dwelling - approved
- o PA 95/00912/B for Erection of detached double garage - approved
- o PA 96/00023/B for Erection of a conservatory - approved
- o PA 00/00093/B for Alterations and extension to dwelling - refused on review
- o PA 00/01886/B for Alterations and extension to dwelling - approved

5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only. - 5.1 Marown Parish Commissioners - no comment or further comment (18 November 2021).

6.0 EVIDENCE SUBMITTED - 6.1 The application has been submitted with the following evidence (in no order):

- i. A Window Quote from Window World regarding the installation of Conservatory dated 1 April 2005;
- ii. A Location Plan;

- iii. A Planning Statement with dated Aerial Photographs from DEFA showing conservatory in place in 2012 and 2015;
- iv. A Photograph taken in conservatory dated 11 January 2009;

7.0 ASSESSMENT - 7.1 This is an application seeking a Certificate of Lawful Development, and therefore it is not a matter of considering the planning merits of the scheme but rather a legal determination based on the facts to establish whether the stated operations are established and lawful by period of time and therefore beyond the scope of enforcement action. The test of the evidence is based on the balance of reasonableness. In this instance, the applicant seeks to rely on the fact that the enlarged conservatory 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. - 7.2 The applicant has provided a number of documents for the developments which demonstrate that the enlarged conservatory has been in situ since 2005. As such, it is recommended that a Certificate of Lawfulness of Development is granted in respect of these works.

8.0 CONCLUSION 8.1 In view of the above, it is not recommended that a Certificate of Lawfulness be issued.

9.0 INTERESTED PARTY STATUS - 9.1 As the application is for a CLU this is not required to be assessed. There is no right to appeal against this decision.

I can confirm that this decision has been made by the Director of Planning and Building Control 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.

Decision Made : Certificate of Lawful Use/Devel Approved Date : 22.12.2021 Determining officer Signed : J CHANCE Jennifer Chance Director of Planning and Building Control

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/24487-marown-trollaby-house-lane-lawful-use-certificate/documents/1031452*