Officer Report
Application No.: 18/00093/LAW Applicant: Rebecca Grogan Proposal: Application for certificate of Lawful Development for installation of replacement windows and door on front elevation Site Address: 8 Stanley Mount Peel Isle Of Man IM5 1NE Case Officer : Miss S E Corlett Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 12.03.2018 _________________________________________________________________
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. Taking into account the evidence supplied by the applicant, it is demonstrated that the replacement of windows and front door of 8, Stanley Mount, Peel which is identified by the red line on the Location Plan date stamped 26th January, 2018 were carried out more than 4 years ago.
Plans/Drawings/Information; _______________________________________________________________ Interested Person Status – Additional Persons none _____________________________________________________________________________ Officer’s Report THE SITE
1.1 The site is the curtilage of an existing mid terrace property situated on the corner of Stanley Mount as it curves around from Circular Road to the south. The property is a three storey dwelling which has plastic-framed windows installed throughout, and a plastic door. The windows have top opening casements in the top quarter and a fixed light below. The door has leadwork in a diamond pattern in the large pane in the top section and the rectangular fanlight above. The house alongside is also three storeyed but has decorative banding around the windows, each of which is subdivided into two equal sections, one on top of the other.
- THE PROPOSAL
- 2.1 The applicant is seeking a Certificate of Lawful Development relating to the front windows and door. The applicant has provided a photograph taken in July, 2010 which shows the window and door as they currently are. The digital properties confirm that the photograph was taken then.
2.2 A quotation is also provided, dated September, 2008 for the windows which appear as do those currently installed. PLANNING POLICY - 3.1 The site lies within the Peel Conservation Area where development must preserve or enhance the character or appearance of the Area (EP15 and PPS1/01). The site is designated as Mixed Use on the Peel Local Plan of 1990. REPRESENTATIONS - 4.1 No representations are on file at the time of writing. PLANNING HISTORY - 5.1 No planning applications are logged as having been submitted for this property. ASSESSMENT - 6.1 Whilst the installation of windows such as are in this property would not be considered to preserve or enhance a property whose original windows would have been sliding sash subdividing the windows into two equal parts, that is not the test here. What is critical is when the windows were installed and the photograph shows that the windows have clearly been installed since 2010 and the applicant estimates the windows having been installed around 2008. CONCLUSION - 7.1 The evidence demonstrates that the windows and door have been installed for more than 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) and it is recommended that the Certificate is granted.
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 : Permitted Date : 12.03.2018 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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