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Application No.: 24/00554/LAW Applicant: Mrs Vicky Croydon Proposal: Certificate of lawful development for the installation of a flue Site Address: 9 St Patricks View Peel Isle Of Man IM5 1UR Planning Officer: Vanessa Porter Recommended Decision: Certificate of Lawful Use/Devel Approved Date of Recommendation: 14.06.2024
C : Conditions for approval N : Notes attached to conditions
C 1. There is sufficient evidence to demonstrate that the flue has been in situ for a period exceeding 4 years and as such, it is recommended that a Certificate of Lawful Development can be issued.
Plans/Drawings/Information; This decision relates to the information all received on 17th May 2024. _______________________________________________________________
Additional Persons N/A _____________________________________________________________________________ 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:
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 Use in respect of the installation of a flue within the existing rear extension. The property is a detached two storey dwelling situated upon a corner plot to the Eastern side of the St Patricks View cul-de-sac, which is a cul-de-sac of 9 houses situated off Ramsey Road to the North. - 2.2 The application seeking the Certificate of Lawfulness was submitted on 17th May 2024. PLANNING HISTORY
3.1 The application site has had several previous applications; - 3.2 PA04/01973/B - Erection of a garden shed - Permitted - 3.3 PA06/01176/B - Removal of part of roadside bank and erection of fencing - Permitted - 3.4 PA10/01582/B - Erection of conservatory to rear elevation - Permitted - 3.5 PA14/00940/B - Replace existing glazed conservatory roof with roof tiles - Permitted - 3.6 There is also one application which was received at the same time as this application which is currently pending, PA24/00573/LAW which is for "Certificate of lawful development for the creation of an enclosed front porch." 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):
6.1 Considering this application, the applicant seeks to rely on the fact that the proposed flue was installed prior to 2019, and as such has 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 looking at the evidence provided the main evidence is the installation date of the stove which is the 8th November 2018, of which with this it can be seen the stove has been in situ for a minimum of 4 years. CONCLUSION - 7.1 It is considered on the balance of probability the flue has been installed 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 porch enclosure to the front elevation of 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 the Acting Head of Development Management 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 : Certificate of Lawful Use/Devel Approved Date : 20.06.2024 Determining officer
Signed : A MORGAN Abigail Morgan Acting Head of Development Management
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