Loading document...
Application No.: 23/01429/LAW Applicant: Miss Susan Wendy Quine Proposal: The building was constructed circa 2011 completed & formally signed off by Building Control 11 March 2015 Site Address: Kerrowdhoo Farmhouse Gleneedle Lower Foxdale Isle Of Man IM4 3BG Planning Officer: Mrs Vanessa Porter Recommended Decision: Certificate of Lawful Use/Devel Approved Date of Recommendation: 06.02.2024
C : Conditions for approval N : Notes attached to conditions
C 1. There is sufficient evidence to demonstrate that the structure 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 on 14th December 2023 & 5th February 2024 _______________________________________________________________
Additional Persons 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 rebuilding of a store/workshop, with the addition of alterations to windows and doors. - 2.2 The application seeking the Certificate of Lawfulness was submitted on 14th December 2023. PLANNING HISTORY
3.1 The application site has had several applications of which the most relevant to this report is PA09/02091/B which was for "Alterations and extension to dwelling, erection of a garage to replace barn and renovation of existing storage / workshop out buildings" and was PERMITTED - 3.2 There is also a concurrent application in place, PA23/01017/C - Proposed change of use from garden room & store to living accommodation - with additional use for tourist lets, which is currently pending. REPRESENTATIONS
4.1 None received at the time of writing this report. SUMMARY OF EVIDENCE PROVIDED - 5.1 The application has been submitted with the following evidence (in no order):
5.2 As the information was unambiguous in nature, further information was sought from the agent on behalf of the applicant of which photos were provided (05.02.24) with the following dates;
6.1 Considering this application, the applicant seeks to rely on the fact that the proposed store/workshop has been built and 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 initial evidence did not provide enough evidence to prove the above, as such additional information was requested which has provided a range of photos taken in 2017, which show the proposed structure as it is currently and not as approved under PA09/02091/B.
7.1 It is considered on the balance of probability, considering the photographs which depict the store/workshop as it is existing and not as what was approved under PA09/02091/B, 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 installation of replacement windows on 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 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
Decision Made : Certificate of Lawful Use/Devel Approved Date : 06.02.2024 Determining officer
Signed : A MORGAN Abigail Morgan Acting Head of Development Management
Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
Copyright in submitted documents remains with their authors. Request removal
