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22/01061/MCH Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/01061/MCH Applicant : Mrs Kerry Vanselow Proposal : Minor Change application to PA 21/00197/B involving a replacement shopfront to the one approved Site Address : 29 Victoria Street Douglas Isle Of Man IM1 2LG
Enforcement/Planning Assistant: Ms Charlotte Gatt Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 12.10.2022 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. 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
N/A __
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
PASS - relates to 21/00197/B
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PASS - relates to the erection of a replacement of a shopfront.
PASS - re-siting of existing shopfront door to a centralised position
PASS - set out in application form/statement
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
PASS - no change to site
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
PASS - no change
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 16.07.2021.
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/blue lines) o (if necessary) Flood risk assessment o The planning approval that is the subject of the application o Explanation of changes being applied for and reasons why o (if necessary) site plan, plans, elevations and sections of the proposed minor changes with buildings and structures amended to indicate the changes.
OR
o Site location plan (with red/blue lines) o The planning approval that is the subject of the application o Explanation of changes being applied for and reasons why
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o drawings of the proposed minor changes with buildings and structures amended to indicate the changes o Flood risk assessment is/is not necessary in this case
PASS - Not necessary
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
PASS - does not increase size or scale. The alterations to the re-position within a significant sized site and the repositioning of the entrance door has no impact to any private or public amenities.
23(1)(b) The Minor Change does not significantly change the nature of the development in question
FAIL - nature of original development is changed, the original application did not propose or include to make any changes to shopfront.
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 - Although in some terms it may be seen as to remain compliant, the property falls within a conservation area and the tests as to whether the newly designed shop front preserve or enhance the conservation area would need to be considered in their own merits - Section 18 Test.
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)
PASS - there will be no new or increased impacts compared with the parent approval.
23(1)(e) The Minor Change is not more than minor and is not of a magnitude to warrant a new application
Fail - the changes are not considered minor in terms of the changes proposed within the conservation area. The impact on the conservation area as a newly designed shopfront will need to be assessed as a separate 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 as minor changes application.
NOTICE OF DECISION
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The changes are not accepted as part of a minor change application.
The minor changes application is to be refused. __
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 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: 19.10.2022
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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