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Application No.: 24/01371/LAW Applicant: Ms Patricia Brown Proposal: Certificate of Lawful Development for the erection of a conservatory Site Address: 6 Snaefell View Jurby Isle Of Man IM7 3BF Planning Officer: Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Certificate of Lawful Use/Devel Approved Date of Recommendation: 03.02.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
C 1. There is sufficient evidence to demonstrate that a Conservatory to the rear of 6 Snaefell View 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 9th 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 conservatory situated to the rear garden of No.6 Snaefell View, which is a two storey dwelling situated to the South Western side of the Snaefell View cul-de-sac. - 2.2 The application seeking the Certificate of Lawfulness was submitted on 9th January 2024. PLANNING HISTORY
3.1 There are no previous applications which are relevant to this assessment. REPRESENTATIONS - 4.1 Highway Services have commented on the Certificate of Lawfulness and state they have no highways interest. (14.01.25) 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 conservatory was erected in 2012 to the rear of the property, 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 County Planning Act 1999.
6.2 The evidence submitted consists of dated photographs of a conservatory, a quote and undated Google Map aerials. Whilst this information does not provide enough evidence to provide the burden of proof when assessed with the Governments Aerial maps of 2015 & 2018 which clearly show the conservatory in the rear of the property, the information provided would be enough evidence to provide the burden of proof. CONCLUSION - 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 a conservatory to the rear 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 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 : Certificate of Lawful Use/Devel Approved Date : 04.02.2025 Determining Officer
Signed : S BUTLER Stephen Butler Head of Development Management
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