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Application No.: 15/00898/LAW Applicant: Patricia Ann Dupre Proposal: Application to make lawful the installation of replacement windows Site Address: Yn Shenn Oik Postagh Old Laxey Hill Laxey Isle Of Man IM4 7DA Case Officer : Mr Jason Singleton Expected Decision Level: Officer Delegation
APPLICATION SITE The site represents the residential curtilage of an existing building - the former post office, situated on the eastern side of Old Laxey Hill, opposite 1, Glen Roy Cottages. The property is a three storey property with substantial slated hipped roof with significantly sized chimney stacks and flat roofed single storey extension on the southern side. Car parking is available at the rear accessed via narrow lane which runs parallel with Tent Road.
The building has a frontage onto Old Laxey Hill which is dominated by two large square windows on both sides of the front door with subsidiary glazing bars which subdivide the window to the left of the door into 12 squares and the window on the right within the flat roofed annex, into 18 squares. Above this are UPVC casement single windows within low vertically proportioned windows at first floor and two small square single lights in the top floor. In the southern side elevation there are four small square single lights in the second floor and four vertically proportioned windows below each of these and windows below which are obscured from public view by the flat roofed annex and existing shrubbery.
2.1 The application is a certificate of lawfulness for the installation of replacement windows. PLANNING HISTORY - 3.1 The site has been the subject of a number of applications:
PA 93/0166 - change of use of post office/shop area into living accommodation - permitted PA 98/0606 - installation of French doors with disabled access - permitted
4.1 The application site is within an area of 'predominantly residential use' under the Isle of Man Planning Scheme (Laxey and Lonan Area Plan) Order 2005, hereafter referred to as the Laxey and Lonan Area Plan. The site is within a Conservation Area. REPRESENTATIONS - 5.1 Laxey Commissioners recommend approval. (19/08/15) ASSESSMENT
6.1 The assessment of the application requires the examination of the information available in order to determine whether there is either sufficient or insufficient evidence, that on the balance of reasonableness the development has been in excess of 4 years. Under Schedule Part 1, Paragraph 3 (a) of the Town and Country Planning Act 1999 no enforcement notice may be issued 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 a period of 4 years beginning with the date on which the operations were substantially complete. EVIDENCE
6.1 The owner of the property is in the process of selling the dwelling, during which it has arisen that the windows in the front elevation do not benefit from any planning approval. - 6.2 The applicant has provided photographs and a letter. The letter advises that the applicant bought the house in 2001 and the windows were already in the house and had been for some time. The letter also says that there are no air vents and the glazing is very dated. - 6.3 Having visited the site it seems apparent that the windows were installed a number of years ago and not recently, however it is not possible to determine exactly how long they have been in place. - 6.4 Having had a look through the conservation photograph archive there is a photograph which shows the old post office on 13/08/2008 taken by the conservation officer at a time of inspection of the application site. The windows are clearly visible. Google Street View from October 2010 confirms there has not been any further modification to the window or their apertures. - 6.5 Schedule Part 1, Paragraph 3 (a) of The Act as mentioned above means that enforcement action cannot be taken on development which has been carried out in excess of four years. - 6.6 Having assessed the evidence provided, visited the site and having access to our photographic archive it would appear that on the balance of reasonableness the windows were installed more than 4 years ago. As such, it is recommended that a Certificate of Lawfulness of Development is granted in respect of these works.
7.1 It is recommended that the certificate be granted. INTERESTED PERSON STATUS - 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.
Recommendation Recommended Decision: Certificate of Lawful Use Approved Date of Recommendation:
C 1.
Taking into account the evidence supplied by the applicant, it is demonstrated that the alterations to the windows of the building which is identified by the red line on the Location Plan date stamped 7th August 2015 were carried out before August 2011.
I confirm that this decision accords with the appropriate Government Circular delegating functions to a Senior Planning Officer. Decision Made : Certificate of Lawful Use Approved Date: 30.09.2015 Determining officer Signed :…………C BALMER……….. Chris Balmer Senior Planning Officer
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