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22/00228/MCH Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
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 Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 28.03.2022 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
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.
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Interested Person Status - Additional Persons
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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.
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22/00228/MCH Page 2 of 4
PASS - relates to 21/00336/B
PASS - relates to an existing building The Shore Hotel, Laxey
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.
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
PASS - no increase
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
PASS - no increase
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.
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
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22/00228/MCH Page 3 of 4
APPLICATION CONTENT 22(3)(a) Application Form
PASS - provided
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
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?
PASS - None requested
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.
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22/00228/MCH Page 4 of 4
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?
FAIL - unacceptable
No changes are accepted.
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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