**Document:** DEC Officer Report
**Application:** 20/00875/LAW — Certificate of lawful development for the installation of replacement roof tiles
**Decision:** Certificate of Lawful Use/Devel Approved
**Decision Date:** 2020-09-14
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/31257-braddan-77-cronk-drean-lawful-use-certificate/documents/1053708

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# DEC Officer Report

**Application No.:** 20/00875/LAW
**Applicant:** Mr Luke O'Reilly
**Proposal:** Certificate of lawful development for the installation of replacement roof tiles
**Site Address:** 77 Cronk Drean Douglas Isle Of Man IM2 6AS Principal Planner: Miss S E Corlett
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 07.09.2020 _________________________________________________________________

## Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. There is sufficient evidence to demonstrate that the roof tiles shown in the drawings and information received on 4th August, 2020 has been in existence for a period of four 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 on 4th August, 2020. _______________________________________________________________

## Interested Person Status

Additional Persons None _____________________________________________________________________________ Officer’s Report THE SITE

1.1 The site is the residential curtilage of 77, Cronk Drean, a detached, hipped roofed property which sits within a built up residential estate on the northern side of Douglas. THE APPLICATION - 2.1 The application seeks a Certificate of Lawful Development for the current roof tiles which the applicant states were replaced in 2014, a letter fro the installer is provided to confirm this. They also confirm that the original tiles were not available at the time of the replacement.

2.2 The original tiles were a darker colour than those currently on the building and profiled. The current tiles are lighter in colour and smooth. PLANNING POLICY - 3.1 Whilst the merits of the application are not at issue, it should be noted that the site lies within an area designated on the Douglas Local Plan and draft Area Plan for the East as Predominantly Residential. General Policy 2 would therefore be applicable, particualrly those parts which seek to ensure that development does not have any adverse impact on the character and appearance of the area and this is reiterated in the Residential Design Guidance. PLANNING HISTORY - 4.1 The site has been the subject of a number of previous applications, none of which are considered relevant to the current application. REPRESENTATIONS - 5.1 There no representations on file at the time of writing. ASSESSMENT - 6.1 The purpose of an application for a Certificate of Lawfulness of Development is to demonstrate that development has been in situ for at least four years to render it immune from the service of an Enforcement Notice.

6.2 In this case, there is evidence of the current roof having been in situ in 2015 as it certainly appears on aerial photography from 2015, supported by a letter from the installer. CONCLUSION - 7.1 It is recommended that a Certificate of Lawful Development is issued in respect of the roofing referred to in this application.

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.

Decision Made : Permitted Date : 10.09.2020 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

## 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/31257-braddan-77-cronk-drean-lawful-use-certificate/documents/1053708*