17 October 2024 · Delegated - Principal Planner (Jason Singleton)
20, Upper Dukes Road, Douglas, Isle Of Man, IM2 4az
The application seeks confirmation that a chimney pot on the roof of 20 Upper Dukes Road, a mid-terraced two-storey dwelling, is lawful due to being substantially completed more than 4 years ago, making it immune from enforcement under the Town and Country Planning Act 1999.
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The application was determined on the basis of fact under Section 24 of the Town and Country Planning Act 1999, not planning merits or public realm impacts.
Evidence of 4-year existence
There is sufficient evidence to demonstrate that the chimney pot to the roof of 20 Upper Dukes Road 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).
