Certificate of Lawful Development for the erection of a conservatory

Why Was This Approved?

• ✓Conservatory claimed to have been erected in 2012 to the rear of the property
• ✓Dated photographs from 2013 to 2020 submitted as evidence of long-standing presence
• ✓Government aerial imagery from 2015 and 2018 clearly showed the conservatory in situ
• ✓Combined evidence met the balance of probability test for the four-year immunity threshold
• ✓Statutory basis: Part 4, Section 24(2) of the Town and Country Planning Act 1999

The applicant sought to establish that a rear conservatory at 6 Snaefell View, Jurby was erected in 2012 and has remained in situ ever since, making it lawful under Part 4, Section 24(2) of the Town and Country Planning Act 1999. The evidence submitted included dated photographs from January 2013, June 2013, December 2016, and May 2020, a contractor quote from September 2011, and undated Google Map aerials. The officer noted that the applicant's own evidence alone was not fully conclusive, but when considered alongside Government aerial imagery from 2015 and 2018 — which clearly showed the conservatory in place — the combined evidence was sufficient to meet the burden of proof on the balance of probability. The officer concluded that the conservatory had been in situ for at least four years and was immune from enforcement, recommending that the certificate be issued.

The certificate was approved because the evidence, taken together with Government aerial maps from 2015 and 2018, demonstrated on the balance of probability that the conservatory has been in place for at least four years, meeting the statutory threshold for immunity from enforcement under the Town and Country Planning Act 1999.

Policies Assessed (2)

Documents (13)