Loading document...
Case Officer: Mr Chris Balmer Photo Taken: Site Visit: Expected Decision Level: Officer Delegation
1.0 THE SITE 1.1 The site represents the curtilage of an existing terraced property situated in Athol Terrace - a terrace of eighteen properties situated on the western side of Qualtrough's Timber Yard. The properties are all two storey, plain terraced dwellings with two first floor windows in the front elevation and one wider window on the ground floor alongside the front door.
2.0 THE PROPOSAL 2.1 The application seeks permission for an application for a certificate of lawful development for the installation of replacement windows, doors and roof tiles.
3.0 PLANNING STATUS 3.1 The site lies within an area designated on the Castletown Local Plan of 1991 and the Modified Draft Southern Area Plan as Residential. The site is also within a Conservation Area.
4.0 PLANNING HISTORY 4.1 The previous planning application is considered specifically material in the assessment of the current application:- 4.2 Extension to form bathroom at rear - 87/01468/B- APPROVED
5.0 CONSULTATIONS 5.1 Castletown Commissioners have recommended the application be approved.
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 Part 1, Paragraph 3 (a) of the Town and Country Planning Act 1999 no enforcement notice may be 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.
| Application No.: | 12/00808/LAW |
| Applicant: | Jay Antony Mairs |
| Proposal: | Application for a certificate of lawful development for the installation of replacement windows, doors and roof tiles |
| Site Address: | 15 Athol Terrace Castletown Isle Of Man IM9 1AL |
The only evidence the applicant has provided is an signed Affidavit which he swears that in or around January 2008 he carried out repairs to the property namely the replacement of the existing windows and doors.
The submission has been submitted after the owner (who is in the process of selling the property), has been advised by his advocate that the works carried out require planning permission. The Applicant has apologised for not seeking approval.
It should be noted that planning permission has been granted for the installation of plastic framed casements in numbers 1, 2, 5, 6, 9 and 16, Athol Terrace all since the adoption of the Conservation Area. Visiting the site none of the eighteen properties have their original sliding sash windows within, the majority have uPVC casements windows of different styles. Therefore, if the submission was submitted now as a planning application for the uPVC windows and doors, it is highly likely approval would be granted given the very similar windows and doors in the street scene.
Visiting the site it seems apparent that the windows were installed a number of years ago and not recently, however it is not possible to determine exactly how long they have been in place.
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 installation of replacement windows, doors and roof tiles 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.
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: 12.07.2012
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1.
The submitted application contains evidence sufficient to demonstrated that the installation of replacement windows, doors and roof tiles to the dwelling which is identified by the red line on
the Location Plan date stamped 17th May 2010, 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: 19/7/12
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
Copyright in submitted documents remains with their authors. Request removal
