Officer Report

Application No.: 25/00275/LAW Applicant: Leanne Cain Proposal: Certiticate of Lawful Development for change from patio doors to lounge window Site Address: Reayrtyn Mie Qualtroughs Lane Ballafesson Port Erin Isle Of Man IM9 6TP Planning Officer: Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Certificate of Lawful Use/Devel Approved Date of Recommendation: 02.05.2025 _________________________________________________________________

Conditions and Notes for Approval

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 windows instead of French doors to the lounge of "Reayrtyn Mie" have 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 21st March 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:

• a) in respect of a breach of planning control consisting of the carrying out without planning approval of building, engineering, mining or other operations in, on, over or under land, after the end of the period of 4 years beginning with the date on which the operations were substantially completed;
• b) in respect of a breach of planning control consisting of the change of use of any building to use as a single dwelling house, after the end of the period of 4 years beginning with the date of the breach;
• c) in respect of any other breach of planning control, after the end of the period of 10 years beginning with the date of the breach.

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 removal of French doors with side windows, to a full window situated within the lounge of the Reayrtyn Mie, which is a detached dwelling situated to the Western side of Qualtrough’s Lane. - 2.2 The application seeking the Certificate of Lawfulness was submitted on 21st March 2025. PLANNING HISTORY

3.1 There are several applications upon the site of which none are relevant to this assessment. REPRESENTATIONS - 4.1 Highway Services have considered the application and have "No Highways Interest." (28.03.25) SUMMARY OF EVIDENCE PROVIDED - 5.1 The application has been submitted with the following evidence (in no order):

• i. Application Form
• ii. Site Plan
• iii. Location Plan
• iv. Email from builders confirming works and year installed
• v. Photo dated 2014 showing the doors originally installed
• vi. Photo dated 25th October 2020 showing the window in situ
• vii. Recent photo showing the exterior of the window and replacement brick accent.
• viii. Floor plan from PA87/00229/B

ASSESSMENT

6.1 In consideration of this application, the application seeks to rely on the information provided to prove that a window has been installed instead of the original approved French

doors. The information provided shows that the windows 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.

CONCLUSION

7.1 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 windows to the lounge 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 : 02.05.2025 Determining Officer

Signed : S BUTLER Stephen Butler Head of Development Management

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