166963

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                                      23/00110/MCH                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 23/00110/MCH Applicant : Glen Auldyn Developments Ltd Proposal : Minor Change application to PA 20/01246/B involving addition of bifold doors, kitchen window and a section of stonework to the northwest elevation. Addition of stone cladding to the chimney stack. Replacement of separate front door and window on the southeast elevation with a single glazed screen incorporating the door. Extension of stone wall at entrance to the full extents of the property frontage onto the highway Site Address : Land Between Glas Choille & Winston Glen Auldyn Road Lezayre IM7 2AF

Planning Officer: Mrs Vanessa Porter Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Refused Date of Recommendation: 12.04.2023 __

Reasons for Refusal

R : Reasons for Refusal O : Notes attached to reasons

R . All elements are refused. The proposed changes are considered to be more than minor and in part will alter condition 2 of the original approval.

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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.

BASIS OF APPLICATION

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                                      23/00110/MCH                                     Page  2  of  4

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 PA20/01246/B and no other MCH applications have been received for this application.

21(2)(a) The Minor Change Application relates to the grant of planning approval in respect of a building

PASS - relates to the appearance of the property and the access

21(2)(b) The application specifies what minor changes are being sought

PASS - the application form specifies that the application proposes: Addition of bifold doors, kitchen window and a section of stonework to the northwest elevation. Addition of stone cladding to the chimney stack. Replacement of separate front door and window on the southeast elevation with a single glazed screen incorporating the door. Extension of stone wall at entrance to the full extents of the property frontage onto the highway.

21(2)(b) The application specifies why the applicant considers the minor changes to be of a minor nature PASS - The agent on behalf of the applicant has provided the following, "I believe that this is a minor changes application for the following reasons. o There is no effect on the footprint of the proposed building. o The additional window and door are at ground floor level and face the river so there are no amenity implications for the neighbour. o There are only two small areas on the elevations where the client wishes to add stone, the chimney and an area on the rear elevation. This has a minimal effect on the appearance of the building. o The building of the wall in place of the sod bank is in the same place and therefore does not change the visibility splay."

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 in floor area

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

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

FAIL, the proposal is removing a sod bank which would need to be assessed from an impact to the Character and Appearance of the streetscene and also from an Ecological standpoint.

21(2)(c)(v) The Minor Change Application does not alter the conditions (if any) which have been imposed

FAIL - the proposal will alter condition 2 of the original application, "C2 - The dwelling hereby approved shall not be commenced until the means of vehicular access has been constructed in accordance with the approved plans, and shall therefore be retained for access purposes only.

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                                      23/00110/MCH                                     Page  3  of  4

Reason: In the interests of highway safety during the construction process and once the dwelling is occupied. 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 on 23rd April 2023

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 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 - n/a

22(3)(4) Fee

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 - n/a

DETERMINATION 23(1)(a) The Minor Change does not significantly increase the size or scale of the development in question

FAIL - the proposed works to the access will need to be assessed through an application.

23(1)(b) The Minor Change does not significantly change the nature of the development in question

FAIL - nature of original development is changed in terms of external appearance which had been specifically conditioned as part of parent approval. Goes beyond minor.

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 - changes go beyond minor and require being assessed against development plan policy.

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 removal of the sod bank will need to be assessed with regards to ecology.

23(1)(e) The Minor Change is not more than minor and is not of a magnitude to warrant a new application

FAIL - beyond minor warranting a new application

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                                      23/00110/MCH                                     Page  4  of  4

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.

NOTICE OF DECISION

24(2)(a) Set out whether all or some of the changes are accepted

No changes are accepted __

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: 24.04.2023

Determining officer

Signed : A MORGAN Abigail Morgan

Principal Planner

Customer note

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