Officer Planning Report

Planning Report And Recommendations {{table:164903}} {{table:164904}} {{table:164905}} ### Considerations {{table:164906}} ### Written Representations ### Consultations {{table:164907}} {{table:164908}}

Officer's Report

THE SITE The site represents the accommodation on the second floor of 30 Douglas Street, Peel.

PLANNING STATUS The site lies within an area zoned within a Conservation Area in the Peel Local Plan

PLANNING HISTORY Planning permission was granted retrospectively for external alterations and the erection of a wooden staircase to the rear of 30 Douglas Street, described at that time as a dwelling, in 2005(PA 05/01050/R refers). Recent planning applications in 2007 have sought permission for alterations and change of use to the ground and first floors of the property.

The Proposal

Requested now is a Certificate of Lawfulness for the use of the second floor of the property as a self contained flat. The evidence submitted with the application amounts to three sworn affidavits, one being submitted by the applicant, stating that the property has been in use as a self contained flat for eleven years. In addition, a letter is submitted from a joiner, stating that he was employed by the construction company who worked on the self contained flat sixteen years ago.

Representations

The Department of Transport Highways Division submit comments advising that the parking provision required for such a flat can be accommodated within the nearby car parks and via public transport. The Isle of Man Water Authority make comments on the application, which are not relevant to the application given that a Certificate of Lawful Use is sought.

Assessment

The initial information submitted with the application was limited insofar as it consisted of plans and a letter. Additional information was sought and three affidavits were submitted.

At the time of the 2005 application, which sought approval for an external staircase, the Officers report stated: "The drawings submitted with the application show that the ground and first floor of the building are used as a shop and living accommodation whilst the second floor is a flat consisting of lounge, kitchen, bedroom and bathroom. There has been no application for a separate flat at the address but the applicant states that the top floor is occupied by a member of the family i.e. his brother and therefore is not being used as a separate unit of accommodation. There is no evidence that the flat has been registered as a flat."

It is considered that on balance, the affidavits and previous application indicate a use that has been in existence for a period in excess of 10 year. As such, it is considered that the applicant has provided sufficient evidence to demonstrate that enforcement action could not be brought as the time for the issuing of an enforcement notice in respect of the use.

Recommendation

Recommended Decision: Certificate of Lawful Use Approved

Date of Recommendation: 08.12.2007

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1.

The submitted application, reference PA 07/00805/LAW contains evidence sufficient to demonstrate that the second floor of 30 Douglas Street, Peel identified in the plans submitted as part of that application, date stamped 17th April 2007, has been used as a self contained flat for a period in excess of eleven years prior to the period up to 12th June 2007.

I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)

Decision Made : Certificate of Lawful Use Approved Date: 11/13/07 Signed: [Handwritten signature] M. I. McCauley Director of Planning and Building Control