DEC Officer Report
Application No.: 22/00228/MCH Applicant: BBG Limited Proposal: Minor Change application to PA 21/00336/B involving alterations to approved windows, veranda balustrade, chimneys and solar panels and creation of a formal external seasonal dining area Site Address: Shore Hotel Old Laxey Hill Laxey Isle Of Man IM4 7DA Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 28.03.2022 _________________________________________________________________ R : Reasons for Refusal O : Notes attached to reasons Reasons for Refusal R 1. The application red line differs to the parent approval and part of the proposed changes would alter C2 of the parent approval contrary to Article 21(2)(c)(iii) and 21(2)(c)(v) of the Town and Country Planning (Development Procedure) Order 2019. The application also results in an increase in scale and a change in nature of the development beyond the parent approval contrary to Article 23(1)(a) and 23(1)(b). The culmination of changes amounting to a scheme which is considered to be more than minor and of magnitude warranting a new application and assessed against planning policy and with public consultation. ### _______________________________________________________________
Interested Person Status
Additional Persons _____________________________________________________________________________ Officer’s Report INTRODUCTION
The following application is to be assessed against the criteria set out in Part 3 - Minor Changes Applications of the Town and Country Planning (Development Procedure) Order 2019 specifically Articles 21, 22, 23 and 24.
BASIS OF APPLICATION
- 21(1) This is the only minor changes application that has been made in respect of any particular grant of planning approval.
- PASS - relates to 21/00336/B
- 21(2)(a) The Minor Change Application relates to the grant of planning approval in respect of a building
- - PASS - relates to an existing building The Shore Hotel, Laxey
- 21(2)(b) The application specifies what minor changes are being sought
- - PASS - the covering letter outlines what minor changes are being sort and are summarised as follows:
- - Replacement of windows on existing public house with new sliding sash and change to glazing bars
- - Change of timber balustrade on extension to glazed balustrade
- - Change of rear flue to include metal cowl
- - Removal of end gable stack on proposed extension
- - Installation of rear canopy
- - Removal of solar panels
- - Reduction to south elevation window cill
- - Creation of seasonal outdoor seating within the car park
- - Not referenced in the covering letter but is noted on the drawings are details for proposed new signage and the installation of a new entrance door and top light on the existing public house.
- 21(2)(b) The application specifies why the applicant considers the minor changes to be of a minor nature
- PASS - set out in covering letter
- 21(2)(c)(i) The Minor Change Application does not increase the number of dwellings or buildings for which planning approval has been granted
- 21(2)(c)(ii)The Minor Change Application does not increase the net external footprint of a building for which planning approval has been granted
- 21(2)(c)(iii) The Minor Change Application does not alter the site for which planning approval has been granted and which was defined by a red line on the site location map by changing that line
- FAIL - Change to red line compared to 21/00336/B
- 21(2)(c)(iv) The Minor Change Application does not make material changes to the vehicular access arrangements for which planning approval has been granted
- PASS - no change to access, although there are modifications to car parking spaces and hardstanding areas within the site.
- 21(2)(c)(v) The Minor Change Application does not alter the conditions (if any) which have been imposed
- FAIL - would impact on C2 of original approval.
- 21(2)(d)The Minor Change Application is not be made where the parent approval is less than 21 days old, subject to an undetermined appeal or has expired
- - PASS - original application approved 8th Sept 2021
APPLICATION CONTENT
- 22(3)(a) Application Form
- 22(3)(a&c) The information in Schedule 1 of the Town and Country Planning (Development Procedure) Order 2019 has been provided:
- o Site location plan (with red line)
- o The planning approval that is the subject of the application
- o Explanation of changes being applied for and reasons why
- o drawings of the proposed minor changes with buildings and structures amended to indicate the changes
- o Flood risk assessment is not necessary in this case
- - PASS - provided 22(3)(b) Provision of other documents specified on form but not in Schedule 1
- - PASS - No other documents provided
- - PASS - Dealt with at submission
- 22(6) Such further info as Department may request prior to determination (has anything further been requested and provided?
DETERMINATION
- 23(1)(a) The Minor Change does not significantly increase the size or scale of the development in question
- - FAIL - the MCH now includes creation of external seating area and changes to the front door which increase the scale of the development originally applied for.
- 23(1)(b) The Minor Change does not significantly change the nature of the development in question
- - FAIL - the nature of original development is significantly changed by reason of the external seating and the culmination of the changes to the existing building and proposed extension amount to a significant change to the external appearance of the building which goes beyond the original development, particularly minded that this is also a sensitive part of the Laxey Conservation Area.
- 23(1)(c) The Minor Change does not result in an approval which, at the time of approval, complied with a Development Plan, National Policy Directive or a Planning Policy Statement, ceasing to do so
- - FAIL - the level of changes now proposed amount to a scheme which is notably different in nature to that originally applied for and which would need to be re-assessed against planning policy. Also noting that some elements require separate Advertisement application.
- 23(1)(d) The Minor Change does not result in new or increased adverse impacts on adjoining or neighbouring properties having a significant or disproportionate impact on the environment (irrespective of whether such impacts might be outweighed by other considerations)
- - FAIL - the works would result in new or increased impacts beyond parent approval and these need to be re-assessed as part of new planning applications.
- 23(1)(e) The Minor Change is not more than minor and is not of a magnitude to warrant a new application
- - FAIL- considered more than minor and warranting a new application.
- 23(1)(e)The Minor Change does not otherwise fundamentally change the basis on which the grant was originally made.
- PASS - basis of original approval remains unchanged
- 23(2) If it does not do any of the above, must then be considered. - is the application considered acceptable?
NOTICE OF DECISION
- 24(2)(a) Set out whether all or some of the changes are accepted
- - No changes are accepted.
- 24(2)(b) Set out whether any elements are refused, the reasons for that.
- - All elements are refused. _____________________________________________________________________
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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
Decision Made : Refused Date : 29.03.2022 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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