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Application No.: 24/01317/LAW Applicant: Mrs Claire Tucker Proposal: Erection of single storey side extension and steps Site Address: The Bungalow Fuchsia Gardens Mount Rule Douglas Isle Of Man IM4 4HT Planning Officer: Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Certificate of Lawful Use/Devel Approved Date of Recommendation: 11.02.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
This application has been recommended for approval for the following reason.
There is sufficient evidence to demonstrate that an extension and external stairs to "The Bungalow Fuchsia Gardens" has been in place for a period exceeding 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 decision relates to the information all received 14th January 2025 _________________________________________________________________ Right to Appeal 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 erection of a single storey side extension with steps situated to the Western side of the dwelling. The property is "The Bungalow Fuchsia Gardens," which is a detached bungalow situated down a private access which three dwellings including the application property, to the East of the Mount Rule. - 2.2 The application seeking the Certificate of Lawfulness was submitted on 14th January 2025. PLANNING HISTORY
3.1 The application site has several applications upon it, of which the most relevant to this assessment is PA11/01032/B which was for "Alterations and erection of extensions to dwelling," which was Permitted on the 20th September 2011. REPRESENTATIONS - 4.1 Braddan Commissioners have considered the application and have "No Objections." (28.01.25)
4.2 Highway Services have considered the application and have "No Highways Interest." (21.01.25) SUMMARY OF EVIDENCE PROVIDED - 5.1 The application has been submitted with the following evidence (in no order):
6.1 In consideration of this application, the application seeks to rely on the information provided to prove that a single storey extension was built on the Western side of the dwelling,
with the main extension being built in 2012 and the stairs to the outside were built in 2015, and as such have 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 The evidence submitted consists of photographs and building contracts. - 6.3 Whilst the information provided should provide enough evidence to provide the burden of proof, the Governments mapping aerials were used, of which it could clearly be seen that the extension was built between the 2012 aerial and the 2015 aerial.
7.1 Whilst the information provided is not conclusive, with the addition of the Governments aerials, it is considered on the balance of probability that the works have been in situ 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 erection of an extension to the Western side 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 a Principal Planner 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 : Certificate of Lawful Use/Devel Approved Date: 11.02.2025 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
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