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Application No.: 18/00208/LAW Applicant: Mrs Christine Curphey Proposal: Application for certificate of Lawful Development for installation of a porch, window and dormer Site Address: Smeale Beg Smeale Andreas Isle Of Man IM7 3EB Case Officer : Mr Owen Gore Photo Taken: 20.02.2018 Site Visit: 20.02.2018 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 01 March 2018 were carried out before May 2014.
Plans/Drawings/Information; This Certificate relates to the following plans and documents: Site Location Plan Invoice is dated 07 September 2011 Proposed Plans and Elevations As-built Plans and Elevations Photographs Date-stamped as having been received 1 March 2018
_______________________________________________________________ Interested Person Status – Additional Persons
None _____________________________________________________________________________
1.1 The application site is a rural, stone building that has been converted into a dwellinghouse and includes the curtilage identified in the submitted location plan. The site is not within a Conservation Area; however it is within the Registered Tree Area. THE PROPOSAL - 2.1 Planning permission for the conversion of the outbuilding was granted under ref: 09/01127/B, which includes alterations existing outbuilding and an extension. Subsequently the development was not carried out in strict accordance with the plans; this application seeks to demonstrate the lawfulness of the changes made, which included the removal of sections of the original stone walls and replacement with standard block masonry; the installation of a porch; addition of a window; and replacement of a rooflight with a dormer. PLANNING POLICY - 3.1 The site is shown on the 1982 Development Plan map for the north as being designated within an open countryside and therefore not zoned for development. The application site is within an Area of High Landscape or Coastal Value and Scenic Significance (AHLV's).
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 planning permission ref: - 09/01127/B for the Alterations and extensions to existing outbuilding to form a dwelling and the refused application ref: - 05/00573/B for Extensions and alterations to existing outbuildings to form new dwelling, are considered to be specifically material in the assessment of the current application. REPRESENTATIONS - 5.1 Andreas Parish Commissioners have commented on this application and stated that they do not object, in the letter dated 04 April 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 alterations appear to have been carried out at the same time of the original conversion 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 an invoice that includes details of the windows, doors and the porch; this invoice is dated 07 September 2011. On the balance of reasonableness, the larger structural works such as the removal of sections of the original stone walls and replacement with standard block masonry and the replacement of a rooflight with a dormer were likely carried out during the main building works. The works are believed to have taken place
7.1 Having assessed the evidence provided, 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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