Officer Report

Application No.: 18/00148/LAW Applicant: Mr Thomas Field Proposal: Installation of replacement windows and erection of a rear porch (retrospective) Site Address: Holmleigh Main Road Kirk Michael Isle Of Man IM6 1AD Case Officer : Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Certificate of Lawful Use/Devel Approved Date of Recommendation: 18.04.2018 _________________________________________________________________

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 notice can or should be issued in respect of the installation of replacement windows or the erection of a rear porch at Holmleigh, Kirk Michael.

Plans/Drawings/Information;

This application relates to site/location plan, floor plan and 5 photographs all date stamped and received 12/02/2018, and additional photographs and evidence (3 x A4) all date stamped and received 20/03/2018.

_______________________________________________________________ Interested Person Status – Additional Persons NONE _____________________________________________________________________________ Officer’s Report APPLICATION SITE

1.1 The application site is the residential curtilage of Holmleigh, Kirk Michael a two storey Manx cottage located on the southern side and within the Kirk Michael Conservation Area. The property is situated along the main road running through the village. The existing property fronts directly on to the road.

1.2 On the front elevation the dwelling has a typical cottage arrangement with two windows either side of the front door and three windows vertically proportioned above. These windows are all top opening UPVC casements. - 1.3 There is one existing window on the north side elevation (top opening) and two on the south side elevation (appear casement bottom opening). On the rear elevation there are three windows (two top opening and one appears bottom opening). - 1.4 Attached to the rear elevation is an existing lean to porch with a corrugated roof. THE PROPOSAL AND EVIDENCE SUBMITTED

2.1 A Certificate of Lawful Development is sought for the installation of replacement windows and the erection of the rear porch. - 2.2 The application has been submitted with the following evidence (in no order):

• * site/location plan;
• * 5 external photographs of the windows and porch,
• * 1 dimensioned floor plan of the rear porch,
• * 2 comparative photographs of the front elevation taken in 2008 and 2018,
• * Google aerial photograph showing the rear porch taken in 2012,
• * Google street view image of the front elevation taken in 2010, and
• * Two photographs of the rear porch taken in 2009 and 2013. PLANNING HISTORY

3.1 There have been no other planning applications submitted for the site. REPRESENTATIONS - 4.1 Highway Services of the DOI stated no highways interest 15/03/18.

4.2 Kirk Michael Commissioners offered no objection to the application on 06/04/2018. 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 and rear porch 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 current photograph 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 October 2010 and personal photographs from 2008 and 2018. Following a desktop study of Google street view the supplied 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.

5.3 The applicant has also supplied a google aerial image from 2012 and personal images taken 2009 and 2013. After reviewing google it is considered that this evidence is accurate and correct providing evidence that the rear porch has been in situ for a period longer than 4 years. In addition to this the Government mapping system includes the rear structure on the site plan. CONCLUSION

6.1 In view of the above, it is recommended that a Certificate of Lawful Development be issued to confirm that no enforcement notice can or should be issued in respect of the windows and rear porch 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 : 30.04.2018 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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