Officer Report

Application No.: 17/01045/LAW Applicant: Victoria Isabel O'Connor Proposal: Application to make lawful the installation of replacement windows Site Address: 10 Stanley Mount Peel Isle of Man IM5 1NE Case Officer : Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Certificate of Lawful Use/Devel Approved Date of Recommendation: 18.12.2017 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. Sufficient evidence has been supplied to issue a Certificate of Lawful Development confirming that no enforcement action can or should be taken in respect of the installation of replacement windows on the front elevation of 10 Stanley Mount, Peel.

Plans/Drawings/Information:

The Certificate of Lawful Development relates to the site location plan and associated photographs of the existing dwelling, and the relevant image taken from Google street view, all date stamped and received 27/09/2017.

_______________________________________________________________ Interested Person Status – Additional Persons N/A _____________________________________________________________________________ Officer’s Report APPLICATION SITE

1.1 The application site is the residential curtilage of 10 Stanley Mount, Peel, an existing mid terrace three storey property located in the centre of Peel. - 1.2 The existing property has a front elevation comprising a single door and large window at ground floor with two windows vertically proportioned to each of the floors above. The existing windows are top opening casement windows finished in white UPVC frames.

THE PROPOSAL AND EVIDENCE SUBMITTED

2.1 A Certificate of Lawful Development is sought for the installation of replacement windows to the front elevation of the property - 2.2 The application has been submitted with the following evidence (in no order):

• - location plan;
• - 4 external photographs of the windows, and
• - 1 external photograph of the front elevation captured on Google street view in 2010.

2.3 The application form compiled by the owner of the property states that the operations started or were substantially completed 'approx. 1997'. PLANNING HISTORY

3.1 There have been no previous planning applications for the site. REPRESENTATIONS - 4.1 Peel Town Commissioners have no objection (12/10/17). ASSESSMENT - 5.1 This is an application seeking a Certificate of Lawful Development, and therefore it is not a matter of considering the planning merits of the scheme but rather a legal determination based on the facts to establish whether the stated operations are established and lawful by period of time and therefore beyond the scope of enforcement action. The test of the evidence is based on the balance of reasonableness. In this instance, the applicant seeks to rely on the fact that the windows in question 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.

5.2 The applicant has provided a number of current photographs of the windows within the front elevation, they have also sought to submit photographic evidence of the windows as viewed on Google street view captured in 2010. Following a desktop study of Google street view the image is considered to be accurate and correct. The information submitted for the application provides clear and justified evidence that the existing windows have been installed and in situ for a period longer than 4 years. CONCLUSION - 6.1 In view of the above, it is recommended that a Certificate of Lawful Development be issued to confirm that no enforcement action can or should be taken in respect of the operations.

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.

Decision Made : Certificate of Lawful Use/Devel Approved Date : 19.12.2017 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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