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Application No.: 18/00436/LAW Applicant: Patrick Stephen Ayres Proposal: Application for a Certificate of Lawful Development for the creation of parking area and erection of associated fencing Site Address: 5 Brookfield Crescent Ramsey Isle Of Man IM8 2AF Senior Planning Officer: Mr Jason Singleton Recommended Decision: Permitted Date of Recommendation: 29.06.2018 _________________________________________________________________
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 rear garden of the dwellinghouse which is identified by the red line on the Location Plan date stamped 26th April 2018 were carried out before April 2014.
Plans/Drawings/Information; NA _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ Officer’s Report THE APPLICATION SITE
1.1 The application site is the residential curtilage of 5 Brookfield Crescent, Ramsey. The property is a semi-detached with No.3 to the west. The highway runs to the front south and to the west of the dwellinghouse is the rear garden and service lane that also serves the rears o those properties to the south of Albert Road. - 1.2 To the rear of the property are spaces for two vehicles parked off the road and a timber fence 1.8m high screening the rear garden.
PROPOSAL
2.1 The application is a certificate of lawfulness for the creation of a parking area and erection of associated fencing. PLANNING HISTORY - 3.1 The application site has not been the subject of any previous planning application that is considered specifically material to the assessment of this current planning application. PLANNING POLICY - 4.1 In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Ramsey Local Plan 1998. REPRESENTATIONS - 5.1 Ramsey Town Commissioners has no objection (received on 22/05/18)
5.2 Highways Services have commented and confirm there is no Highways Interest in the proposal (received on 31/05/18) ASSESMENT - 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. 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.
EVIDENCE
6.1 The applicant has provided photographs of the buildings rear elevation and on the application form indicates at Qu.6c, the works were carried out in 2006.
6.2 Whilst the level of information supplied is sparse , in considering the retrospective aspect of the proposal, the works are contained to the rear elevation and not visible from the streetscene. The erection of the fence is set back approx 7m fro the edge of the highway, it would be questionable whether the fence would require permission or not, given the intervening distance from the highway. The creation of an access would be considered 'engineering works' and would still have to have been undertaken more than 4 years ago. The use of the land as parking associated with he house is not classed as 'development' as per Section 6(3)(B) of the Town and Country planning Act 1999; Meaning of Development; "use of any building or other land within the curtilage of a dwellinghouse for any purpose incidental to the enjoyment of the dwellinghouse as such". - 6.3 When inspecting Google Street view of the property rear dated April 2010 on the rear elevation confirms the presence of the parking space with a white vehicle parked there and the timber fencing in place. In this instance, it seems apparent that the rear parking area and timber fencing was installed a number of years ago and not recently, however it is not possible to determine exact date they were installed but on balance and probability sometime prior to August 2010. - 6.4 Schedule Part 1, Paragraph 3 (a) of The Act as mentioned above, means that enforcement action cannot be taken on development which has been carried out in excess of four years.
6.5 Having assessed the evidence provided, it would appear that on the balance of reasonableness the creation of a new access of the highway and the erection of a fence to the rear of the dwellinghouse was carried out more than 4 years ago. As such, it is recommended that a Certificate of Lawfulness of Development is granted in respect of these works.
7.1 It is recommended that the certificate be granted _____________________________________________________________________
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.
Decision Made : Permitted Date: 13.08.2018 Determining officer
Signed : A MORGAN Abigail Morgan Principal Planner
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