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Application No.: 18/00183/LAW Applicant: Mr David Dallimore Proposal: Application for certificate of Lawful Development for installation of replacement windows on rear elevation Site Address: 2 Roslyn Terrace Douglas Isle Of Man IM2 5DE Case Officer : Mr Owen Gore Site Visit: 24.04.2018 Expected Decision Level: Officer Delegation Recommended Decision: Certificate of Lawful Use/Devel Approved Date of Recommendation: 08.05.2018 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
C 1. Taking into account the evidence supplied by the applicant, it is demonstrated that the alterations to the building which is identified by the red line on the Location Plan date stamped 22 February 2018 were carried out before May 2014.
This certificate relates to the following plans and documents: Location Plan Applicant's Statement Covering letter from the advocates Callin Wild Property Information Questionnaire Photographs Date-stamped as having been received 22 February 2018
_______________________________________________________________ Interested Person Status – Additional Persons
None _____________________________________________________________________________
1.1 The application site is a dwellinghouse within a row of terraced properties. The property is adjacent to the last dwelling in the row of residential properties and over the road from Ballaqueeney Lodge. This side of the street scene is characterised by a similar style of terraced property with a mix of window types but mostly timber on the front. The application site is within the Windsor Road Conservation Area. THE PROPOSAL - 2.1 The application seeks to demonstrate the lawfulness of the uPVC windows to the rear of the property. PLANNING POLICY - 3.1 The site is shown on the Douglas Local Plan Order 1998 map No.2 as being within the local plan area and the property is designated within an Area of Predominantly Residential Use. The application site is within the Ballaquayle Road Conservation Area.
3.2 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. - 3.3 Therefore the assessment of this application is not based on the merits of the proposal in terms of meeting the requirements of the Strategic plan; rather 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 was carried out in excess of - 4 years.
4.1 The previous refused planning application ref: - 02/01399/B for installation of uPVC windows to replace existing to front of dwelling is considered to be specifically material in the assessment of the current application. REPRESENTATIONS - 5.1 Douglas Borough Council have commented on this application and stated that they do not object in the letter dated 22 March 2018. ASSESSMENT - 6.1 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.
6.2 Having visited 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 from observation only, exactly how long they have been in place. - 6.3 The applicant has provided a statement including a description of the history of ownership for the dwelling. In this statement the applicant has referred to the reference number/code that appears on the internal part of the frame and has noted the year 2002 which appears as part of this code; the year is proceeded by a British Standard reference and it is considered likely that the year is also part of this reference (BS7413:2002 - Unplasticized polyvinyl chloride (PVC-U) profiles for windows and doors Specification). - 6.4 The statement is accompanied by a 'Property Information Questionnaire' and a covering letter from the advocates Callin Wild. The covering letter refers to four documents; however the submitted questionnaire is not included on this list and the other documents been included
7.1 Having assessed the evidence available and visited the site, it would appear that on the balance of reasonableness the windows were installed more than 4 years ago. As such, it is recommended that a Certificate of Lawfulness of Development is granted in respect of these works. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Certificate of Lawful Use/Devel - Approved Date: 09.05.2018 Determining officer
Signed : C BALMER Chris Balmer Senior Planning Officer
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