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Applicant: Dr Jennifer Sharp Proposal Certificate of Lawful Development for installation of a flue for a multi-fuel stove Site Address 66 Slieau Curn Park Kirk Michael Isle Of Man IM6 1EW Case Officer : Lucy Kinrade Site Visit: Expected Decision Level Officer Delegation Recommended Decision: Certificate of Lawful Use/Devel Approved Date of Recommendation 26.11.2024
C : Conditions for approval N : Notes attached to conditions
C 1. There is sufficient evidence to demonstrate that the flue to the multi-fuel burning stove has been in situ and installed for a period in excess of 4 years and therefore it is recommended that a Certificate of Lawful Development can be issued.
Plans/Drawings/Information; This approval relates to the following information date stamped received 18/10/2024:
Additional Persons
n/a ________________________________________________________________
1.0 INTRODUCTION - 1.1 In accordance with the provisions of Schedule 4, Part 1, paragraph 3 of the Town and Country Planning Act 1999 ("the Act"), a development carried out in breach of planning control shall become immune from enforcement action after a certain period of time, provided that
formal enforcement action has not already been taken. The relevant time periods are set out below:
1.2 Section 24 of the Act makes provision for the submission and issuing of a Certificate of Lawfulness to establish the lawfulness of a breach of planning control. - 1.3 An application for a Certificate of Lawfulness is determined on the basis of fact. Unlike an application for planning approval, it is not concerned with land-use planning considerations or the impacts of the development upon the public realm. - 1.4 The principal test is whether, on the balance of probabilities, the breach of planning control has occurred continuously for the given period. The burden of proof rests with the applicant and their evidence must be both precise and unambiguous. If the Planning Directorate has no evidence of its own to contradict that provided by the applicant, then provided that the applicant's evidence is sufficiently precise and unambiguous, a Certificate of Lawfulness may be issued. It is not usually necessary for the Planning Department to corroborate the applicant's evidence.
2.0 APPLICATION SITE - 2.1 The application site relates to No. 66 Slieau Curn Park, Kirk Michael.
3.0 THE PROPOSAL AND EVIDENCE SUBMITTED - 3.1 A Certificate of Lawful Development is sought for: o installation of flue for multi-fuel burning stove. - 3.2 The application has been submitted with the following evidence (in no order):
3.3 The application form compiled by the applicant states that the operations started or were substantially completed '22nd January 2016'.
4.0 PLANNING HISTORY - 4.1 The site has been subject to previous applications although none considered relevant in this case.
5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only. - 5.1 No comments received at the time of writing.
6.0 ASSESSMENT - 6.1 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 works 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. - 6.2 The applicant has provided an invoice for flue installation dating from January 2016, and with subsequent annual invoices for its servicing and sweep up until 2023. There is a further servicing sheet dated 19/07/2024. - 6.3 On review of aerial images of the site through Government mapping systems it can be seen that on images taken in 2018 and 2019 that there is a flue visible for the property matching the current photographs provided. - 6.4 Given the evidence provided in respect of the installation and servicing dating back to 2016 and with the aerial images, it is considered that the flue has been installed and in situ for a period in excess of 4 years.
7.0 CONCLUSION - 7.1 In view of the above, it is recommended that a Certificate of Lawfulness can be issued.
8.0 INTERESTED PERSON STATUS - 8.1 As the application is for a CLU this is not required to be assessed. There is no right to appeal against this decision.
Decision Made : Certificate of Lawful Use/Devel Approved Date : 27.11.2024
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Determining officer
Signed:………………………………….. Jason Singleton Principal Planner
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