**Document:** Planning Officer Report **Application:** 11/01529/LAW — Application for a certificate of lawful development for replacement of windows with doors and windows **Decision:** Certificate of Lawful Use/Devel Approved **Decision Date:** 2012-01-05 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/15658-lezayre-glen-house-replacement-windows/documents/1312930 --- # Planning Officer Report Case Officer: Miss Laura Davy Photo Taken: Site Visit: Expected Decision Level: Officer Delegation ### Officer's Report #### Introduction 1. This application seeks approval for a Certificate of Lawful Development for replacement windows with doors and windows. The applicant has demonstrated that the development is lawful, as such the application is considered to be acceptable. #### The Site 2. The application site is the curtilage of Glen House, Dhoon Loop Road, Dhoon, Maughold which is a single storey property situated to the eastern side of the Dhoon Loop Road. There is an existing outbuilding within the curtilage of the application site which is two storey in height. The site is in a "Area of High Landscape or Coastal Value and Scenic Significance" identified on the 1982 Development Plan. #### The Proposal 3. The application seeks permission for a Certificate of Lawful Development for replacement of windows with doors and windows. #### Planning History 4. The following previous planning applications are considered specifically material in the assessment of the current application: PA 94/01073/A Approval in principle for conversion of outbuilding to living accommodation - Approved PA 95/01109/B Alterations and extensions - Approved #### Consultations 5. No comments have been received. #### Assessment 6. The assessment of the application requires the examination of the information available in order to determine whether there is either sufficient or insufficient evidence, that on the balance of reasonableness the development has been in excess of 4 years. Under Schedule 4, Part 1, Paragraph 3 (a) of the Town and Country Planning Act 1999 no enforcement notice may be [Table omitted in markdown export] issued 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 a period of 4 years beginning with the date on which the operations were substantially complete. ### Evidence 7. The applicant has provided evidence in the form of an Affidavit and photographs of the works that have been carried out. 8. The applicant has indicated that in or around October 2000 two windows to the front of the property were altered. The works were as follows, replacement window with a standard half glazed door and window as the front of the property. To the rear of the property the previous window had been replaced by a pair of double glazed doors. 9. The photographs which have been submitted suggest that the windows and doors have been in place for a number of years. ### Conclusion 10. Based on the evidence which has been submitted as part of the application, it is considered that on the balance of reasonableness it has been adequately demonstrated that the windows and doors have been in situ for a period of time in excess of 4 years. As such it is recommended that the application be permitted and a Certificate of Lawful Development be issued. ### Recommendation 11. It is considered that the development is lawful and as such a Certificate of Lawful Development should be issued. **Recommended Decision:** Certificate of Lawful Use Approved **Date of Recommendation:** 30.12.2011 ### Conditions and Notes for Approval / Reasons and Notes for Refusal **C:** Conditions for approval **N:** Notes attached to conditions **R:** Reasons for refusal **O:** Notes attached to refusals ## **C 1.** Taking into account the evidence supplied by the applicant in the form of a sworn affidavit date stamped the 8th December 2011 and Photographs date stamped 16th November 2011 it is demonstrated that the alterations to the dwelling which is identified by the red line on the Location Plan date stamped 16th November 2011 have been completed for a period in excess of four years. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer. Decision Made : Certificate of Lawful Use Approved Date: 3 January 2012 ### Determining officer (delete as appropriate) Signed : ... Anthony Holmes Senior Planning Officer Signed: ... Michael Gallagher Director of Planning and Building Control Signed: ... Sarah Corlett Senior Planning Officer Signed: ... Jennifer Chance Development Control Manager --- *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/15658-lezayre-glen-house-replacement-windows/documents/1312930*