**Document:** Planning Officer Report Recommendations **Application:** 12/00737/LAW — Application for a certificate of lawful development for the installation of replacement windows to front and rear elevations **Decision:** Certificate of Lawful Use/Devel Approved **Decision Date:** 2012-06-29 **Parish:** Malew **Document Type:** report / officer_report **Source:** https://planningportal.im/a/16609-malew-55-queen-street-lawful-use-certificate/documents/1313399 --- # Planning Officer Report Recommendations ### Officer's Report [Table omitted in markdown export] #### Introduction This application is for a Certificate of Lawful Development for the existing windows in a property in a predominantly residential area. It is considered that there is sufficient evidence to show that the windows have been installed in excess of four years. #### The Site The application site is the curtilage of 55 Queen Street, Castletown which is a two storey traditional mid terrace cottage situated to the southern side of the highway, the rear of the property looks out towards the bay. #### The Proposal The application is for a Certificate of Lawfulness for the existing windows. The windows are framed in uPVC top opening casements in the front elevation with Georgian glazing bars. The window at first floor level in the rear elevation does not have any glazing sections or bars and fully opens. The window at ground floor level has two top opening sections. These windows are also framed in uPVC. #### Planning History There was an application in 2002 for the erection of a wall at the rear of the property. This application was approved. #### Development Plan Policies The application site is in an area zoned as "Predominantly Residential" identified on the Castletown Local Plan 1990 it is also in the Castletown Conservation Area. #### Assessment The applicant has provided evidence in the form of a letter, a signed statement and photographs of the property. The applicant has advised that the windows have been installed in excess of four years. Having visited the site and taken photographs it is clear that the windows have been installed for some time and they do not appear to be new. The Conservation Officer had photographs within the archives which demonstrated that the original windows were still in situ in 1990, but further photographs show that in 2002 the windows in the rear had been replaced with those which are as existing. Under the Town and Country Planning Act 1999 Schedule 4 Part 1 Paragraph 3, part a) it states: "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." This part of the Act means that enforcement action cannot be taken on development which has been carried out in excess of four years. Taking evidence submitted by the applicant, viewing photographs taken by the Planning Authority in 2002 and having visited the site it is concluded on the balance of reasonableness it has been adequately demonstrated that the windows have been installed in excess of four years. As such it is recommended that the Certificate of Lawfulness be issued. ### Recommendation **Recommended Decision:** Permitted **Date of Recommendation:** 22.06.2012 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals 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:** Permitted **Date:** 27.16.12 ### Determining officer (delete as appropriate) Signed: _________________________ Anthony Holmes Senior Planning Officer Signed: _________________________ Sarah Corlett Senior Planning Officer Signed : ... Michael Gallagher Director of Planning and Building Control Signed : ... Jennifer Chance Signed : ... Michael Gallagher Director of Planning and Building Control Signed : ... Jennifer Chance Development Control Manager 22 June 2012 3 Page 3 of Development Control Manager 22 June 2012 3 Page 3 of --- *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/16609-malew-55-queen-street-lawful-use-certificate/documents/1313399*