DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00220/LAW Applicant: Mr Joseph Glen Driver Proposal: Certificate of lawful development for the removal of a chimney stack, installation of bi-folding door and installation of cladding Site Address: Roscavan 7 Malew Road Castletown Isle Of Man IM9 4EA Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 06.03.2023

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. The application has been provided with sufficient submitted evidence to demonstrate that the removal of a chimney stack, installation of bi-folding door and installation of cladding to the rear extension has been in situ for a period in excess of 4 years and therefore it is recommended that a Certificate of Lawful Development can be issued.

Plans/Drawings/Information; This decision relates to the information all received on 15th February 2023 _______________________________________________________________

Interested Person Status

Additional Persons None _____________________________________________________________________________ Officer’s Report INTRODUCTION

1.1 In accordance with the provisions of Schedule 4, Part 1, paragraph 3 of the Town and Country Planning Act 1999 ("the Act"), a development carried out in breach of planning control shall become immune from enforcement action after a certain period of time, provided that formal enforcement action has not already been taken. The relevant time periods are set out below:

• a) 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;
• b) in respect of a breach of planning control consisting of the change of use of any building to use as a single dwelling house, after the end of the period of 4 years beginning with the date of the breach;
• c) in respect of any other breach of planning control, after the end of the period of 10 years beginning with the date of the breach.

1.2 Section 24 of the Act makes provision for the submission and issuing of a Certificate of Lawfulness to establish the lawfulness of a breach of planning control. - 1.3 An application for a Certificate of Lawfulness is determined on the basis of fact. Unlike an application for planning approval, it is not concerned with land-use planning considerations or the impacts of the development upon the public realm. - 1.4 The principal test is whether, on the balance of probabilities, the breach of planning control has occurred continuously for the given period. The burden of proof rests with the applicant and their evidence must be both precise and unambiguous. If the Planning Authority has no evidence of its own to contradict that provided by the applicant, then provided that the applicant's evidence is sufficiently precise and unambiguous, a Certificate of Lawfulness may be issued. It is not usually necessary for the Planning Department to corroborate the applicant's evidence. APPLICATION SITE

2.1 The application seeks a Certificate of Lawful Development for the removal of a chimney stack, installation of bi-folding door and installation of cladding to the rear extension at 7 Malew Road, Castletown which sits on the western side of Malew Road, to the south of Castletown Football Club grounds. - 2.2 The application seeking the Certificate of Lawfulness was submitted on 15th February 2023. PLANNING HISTORY

3.1 The application site has had several previous applications, of which PA12/00828/B is the most relevant and was for "erection of extension to replace existing lean-to extension," that was permitted. REPRESENTATIONS - 4.1 None received at the time of writing this report. SUMMARY OF EVIDENCE PROVIDED - 5.1 The application has been submitted with the following evidence (in no order):

• i. Application Form
• ii. Location plan;
• iii. Block Plan
• iv. Planning Statement
• v. Photographs dated 14th October 2013 and 13th April 2014
• vi. Completion Certificate

ASSESSMENT

6.1 Considering this application, the applicant seeks to rely on the fact the garage and the greenhouse have been in situ for a minimum of 4 years to establish that the development can be considered lawful, as set out in Part 4, Section 24(2) of the Town and Country Planning Act 1999.

6.2 When considering the information provided, the photographs show the works having been done in 2014, as such the time period of 4 years has clearly been superseded. CONCLUSION - 7.1 It is considered on the balance of probability that the works have been in situ for a minimum of 4 years to establish that the development can be considered immune from the issue of an enforcement notice.

7.2 It is recommended that a Certificate of Lawful Development be issued in respect of the removal of a chimney stack, installation of bi-folding door and installation of cladding to the rear extension to the application property. INTERESTED PARTY STATUS - 8.1 As the application is for a CLU this is not required to be assessed. There is no right to appeal against this decision.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date: 08.03.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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