16 May 2018 · Delegated
2, Roslyn Terrace, Douglas, Isle Of Man, IM2 5de
The application concerned replacement uPVC windows on the rear elevation of a mid-terrace dwelling. The key question was not whether the works were acceptable in planning terms, but whether there was sufficient evidence that they had been carried out more than four years ago — the threshold for lawfulness under Isle of Man planning legislation. The officer visited the site and noted the windows appeared to have been in place for a number of years, though visual inspection alone could not confirm the exact date. The applicant provided a statement on the ownership history of the property and drew attention to a reference code on the internal window frame, which included the year 2002 as part of a British Standard reference (BS7413:2002). A previous planning application for uPVC windows to the front of the same dwelling was refused in 2002, which was considered specifically material context. On the balance of reasonableness, the officer concluded the windows were installed more than four years before the application and recommended the certificate be granted.
The certificate was approved because the available evidence — including the site visit, the applicant's ownership statement, and the manufacturing reference code on the window frames — indicated on the balance of reasonableness that the windows had been in place for more than four years, making the development lawful.
Town and Country Planning Act 1999
