Planning Officer Report

Planning Officer Report And Recommendations {{table:53442}}

Officer's Report

The Application Site

1. The application site comprises a parcel of land located on the northern side of Peel Road in St. John’s, German. The site contains a single-storey detached building and surrounding land that is generally set out as garden space.

The Application

1. The planning application seeks a certificate of lawfulness for the use of the building contained within the application site as a dwelling.

Planning History

1. Whilst the application site and adjoining land has been the subject of two previous planning applications are considered specifically material to the assessment of this current planning application.

1. Planning application IDO 9024 sought approval for the erection of a bungalow and garage. This previous application, which was approved on the 12th July 1952, resulted in the property known as Arfryn being developed on the land adjoining the application site.

1. No record can be found for the erection of the building within the application site. However, IDO 24942 sought approval for the conversion of chinchilla breeding hut to bungalow. This previous application was approved in 1968.

Planning Policy

1. In terms of local plan policy, the application site is located within an area designated as predominantly residential use under the Isle of Man Planning Scheme (St John’s Local Plan) Order 1999.

Representations

1. The owners and/or occupants of Slaidburn, which directly adjoins the application site, comment on the application. They highlight their concerns regarding access to the property, traffic issues and the general appearance of the property. It is notable that within their representation they refer to the property being occupied as a dwelling.

1. The owners and/or occupants of Ballachmyle, which directly adjoins the application site, comment on the application. They highlight their concerns regarding access to the property, traffic issues and the general appearance of the property. It is notable that within their representation they refer to the property being occupied as a dwelling.

1. The owners and/or occupants of Dreem Faaie, which is located approximately 100 metres west of the application site, comment on the application. They highlight their concerns regarding access to the property and traffic issues within the surrounding area.

1. The owners and/or occupants of Greenacres, which is located approximately 20 metres west of the application site, comment on the application. They highlight concerns regarding access to the property, traffic issues and the general impact of the dwelling.

1. The owners and/or occupants of 33 Ballaquark, which is located in Douglas, comment on the application. They specifically state that they cannot directly pass comment on the lawfulness of the use and go onto make general comment on the how the proposal should be considered if it were new proposed development.

Assessment

1. The planning application seeks a certificate of lawfulness for the use of the building contained within the application site as a dwelling.

1. The assessment of an application for a certificate of lawfulness requires an examination of the available information in order to determine whether there is either sufficient or insufficient evidence that, on the balance of reasonableness, the use has existed for more than four years. Under Schedule 4 Part 1 Paragraph 3. (b) of the Town and Country Planning Act 1999 no enforcement notice may be issued in respect of any other breach of planning control, after the end of the period of four years beginning with the date of the breach.

1. In terms of evidence submitted by the applicant the application has been accompanied by a number of different pieces of evidence that the applicant considers proves that the application site and building has been used as a separate dwelling for more than four years. This submitted evidence comprises a copy of a deed of sale dating from 1990, a letter from the Manx Electricity Authority stating that a separate electricity supply has been provided to the property since or before 26th September 1990, a letter from Manx gas stating that the property has been supplied with a gas supply for heating since August 1996, and a letter from The Treasury stating that the property has been rated as a separate bungalow since 1969. The letter from The Treasury advises that their records indicate that the property was originally a chinchilla breeding hut belonging to the adjacent property and that it was converted to a bungalow sometime in the late 1960's.

1. As for evidence held by the Planning Authority a search of the site's planning history has shown that planning approval was granted in 1968 under IDO 24942 for the conversion of the chinchilla breeding hut into a bungalow. Whilst the Planning Authority cannot be certain whether this planning approval was implemented the confirmation from The Treasury regarding the change in rating and their knowledge of conversion occurring in the late 1960's would appear to support the notion that the planning approval was implemented.

1. Taking the applicant's evidence and the Department's evidence into account it is concluded that on the balance of reasonableness it has been adequately demonstrated that the building contained within the application site has been used as a dwelling for in excess of four years.

1. Whilst a number of representations have been received, and to a certain extent concerns raised within them understood, the purpose of a certificate of lawfulness in this instance is to establish whether the use has existed for more than four years. Although it is reasonable to say that a planning application seeking planning approval for a dwelling in a similar situation would now be unlikely to be viewed favourably by the Planning Authority the application does not, and cannot, comment on the appropriateness or otherwise of the use. The representations do not offer substantiated evidence that could be said to outweigh the evidence submitted by the applicant and that held by the Department. In essence, the time for objection to the erection of the building and its use as a dwelling was probably in the 1960's.

Recommendation

1. It is recommended that the certificate of lawfulness be granted.

1. As there is no right appeal against a certificate of lawfulness there is no assessment of interested party status.

Recommended Decision: Certificate of Lawful Use Approved Date of Recommendation: 21.10.2011

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. The submitted application contains evidence sufficient to demonstrate that, for a period of time in excess of four years, the dwelling known as Fir View, Peel Road, St. John’s, German contained within the land defined by the red line on the attached plan has been used in a dwelling with associated residential curtilages.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager.

Decision Made: Certificate of Lawful Use Approved Date: 21.10.2011

Signed: Michael Gallagher Director of Planning and Building Control OR Signed: Jennifer Chance Development Control Manager