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Application No.: 24/00963/LAW Applicant: Mrs Hayley Turner Proposal: Certificate of Lawful Development for erection of replacement front porch and erection of link extension to garage Site Address: 32 Ballalough Estate Andreas Isle Of Man IM7 4HU Planning Officer: Paul Visigah Recommended Decision: Permitted Date of Recommendation: 09.09.2024 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
C 1. There is sufficient evidence to demonstrate that the front porch and link extension to garage shown in the submitted information has been in situ for more than 4 years and as such, the Department may not issue an enforcement notice due to the provisions of Town and Country Planning Act 1999 Schedule 4 Part 1 paragraph 3(a).
Plans/Drawings/Information; This approval relates to the submitted documents received on 20th August 2024. _______________________________________________________________
Right to Appeal
None ___________________________________________________________________
1.0 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.
2.0 THE APPLICATION SITE - 2.1 The application site is the curtilage of 32 Ballalough Estate, Andreas, which is a detached bungalow situated on the eastern side of the Estate. The estate is characterised mainly by single storey 1970's styled detached dwellings of similar form, layout and appearance.
3.0 THE PROPOSAL - 3.1 The application seeks a Certificate of Lawful Development in respect of operations carried out for a period in excess of 4 years for erection of replacement front porch and erection of link extension to garage. The applicants indicate that the developments have been in situ since 31 March 1993. - 3.2 The application seeking the Certificate of Lawfulness was submitted on 20th August 2024.
4.0 PLANNING HISTORY - 4.1 The site has not been the subject of any previous planning applications and there are no previous planning applications within the vicinity which are considered relevant in the assessment and determination of this application.
5.0 REPRESENTATIONS - 5.1 None received at the time of writing this report.
6.0 EVIDENCE SUBMITTED - 6.1 The application has been submitted with the following evidence (in no order):
7.0 ASSESSMENT - 7.1 This is an application seeking a Certificate of Lawful Development, and therefore it is not a matter of considering the planning merits of the scheme but rather a legal determination based on the facts to establish whether the stated operations are established and lawful by period of time and therefore beyond the scope of enforcement action. The test of the evidence is based on the balance of reasonableness. In this instance, the applicant seeks to rely on the fact that the flat roofed conservatory and detached garage, which are the subject of the current application 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. - 7.2 The applicant has provided a number of documents for the developments which demonstrate that the porch and link extension to detached garage have been in situ by April
7.3 Given the above, it is recommended that a Certificate of Lawfulness of Development is granted in respect of these works, as they have been insitu for a period exceeding 4 years.
8.0 CONCLUSION - 8.1 In view of the above, it is not recommended that a Certificate of Lawfulness be issued.
9.0 INTERESTED PARTY STATUS - 9.1 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 and/or rights to appeal.
Decision Made: Permitted Date: 13.09.2024 Determining officer
Signed : A MORGAN Abigail Morgan Acting Head of Development Management
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