DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00792/MCH Applicant: Mr Mark Patrick & Miss Kathryn Anne O'Meara & Newton Proposal: Minor changes applicaiton to PA 22/00607/B involving alterations to entrance to the dwelling including construction of small dormer roof to phase 1 barn over existing upper floor opening to accommodate new front door; omission of external porch link between new link extension and barn and replacement with infill wall and front door between the small barn and main barn; addition of stone faced steps with metal balustrade up to new front door of barn; addition of log burner flue to barn + extension of approved flue Site Address: Rollage Ny Twoaie Sloc Road Earystane Colby Isle Of Man IM9 4BW Planning Officer: Mr Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Split Decision Date of Recommendation: 24.08.2023

Conditions and Notes for Approval

C : Conditions for approval

• N : Notes attached to conditions APPROVAL is hereby given for the following changes as shown on the submitted drawings:

• Addition of log burner flue to barn + extension of 'snug' flue from approx. 650mm to approx. 1100mm above the roof finishes. Plans/Drawings/Information; This decision relates to the submitted documents and plans received 20 July 2023. Reasons for Refusal R : Reasons for Refusal

• O : Notes attached to reasons

REFUSED Elements

• o The proposed amendment of the entrance to the dwelling to create a new lead flat roof dormer on the principal elevation (northwest elevation) is in itself a departure from the approved scheme as it would introduce a new external facing material which would be at variance with Condition 10 of the parent approval which stipulates that no new types of materials shall be added to the external elevations of the approved development, contrary to Articles 21(2)(c)(v) and (23(1)(e) of the Town and Country Planning (Development Procedure) Order 2019.
• o The amended to the entrance to the dwelling and construction of small dormer roof to phase 1 barn over existing upper floor opening to accommodate new front door; the omission
• of external porch link between new link extension and barn, and replacement with infill wall plus front door between the small barn and main barn; as well as the addition of stone faced steps with metal balustrade up to new front door of barn, creates two independent buildings which could exist as independent dwellings and as such are contrary to 21(2)(c)(i); 23(1)(b) ;

• 23(1)(e); and 23(1)(f) _______________________________________________________________

Interested Person Status

Additional Persons None _____________________________________________________________________________ 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 22/00607/B and no other MCH applications have been submitted in respect of this application.

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

• - PASS - relates to Refurbishment of derelict house and barns plus construction of linking extension to form a new dwelling; construction of detached garage / store and creation of new vehicle access using adjacent field - approved 10th August 2022.

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

• - PASS - the application form and Planning Statement specifies the changes that the application proposes:

• a. Amended entrance to the dwelling: construction of small dormer roof to phase 1 barn over existing upper floor opening to accommodate new front door;
• b. Omission of external porch link between new link extension and barn + replacement with infill wall + front door between the small barn + main barn;
• c. Addition of stone faced steps with metal balustrade up to new front door of barn;
• d. Addition of log burner flue to barn + extension of 'snug' flue from approx. 650mm to approx. 1100mm above the roof finishes

• 21(2)(b) The application specifies why the applicant considers the minor changes to be of a minor nature

• PASS - reasons provided in Planning Statement provided by applicant.

• 21(2)(c)(i) The Minor Change Application does not increase the number of dwellings or buildings for which planning approval has been granted

• FAIL - The amended to the entrance to the dwelling and construction of small dormer roof to phase 1 barn over existing upper floor opening to accommodate new front door, as well as the omission of external porch link between new link extension and barn, and replacement with infill wall plus front door between the small barn and main barn, creates two independent buildings which could exist as independent dwellings. These, together with the addition of stone faced steps with metal balustrade up to new front door of barn are considered to increase the number of buildings beyond that which was approved for a single dwelling unit on site.

• 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

• 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

• PASS - no change

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

• PASS - Fail The scheme as proposed fails Condition 10 of the approval under PA 22/00607/B as it would introduce new material in the form of a new lead flat roof dormer which was not included in the original application as part of the external finishes on the external elevation. Condition 10 states thus: All external facing materials shall remain as shown on the plans and specified within the list of external finishes on the Planning Statement and submitted Drawings, 13. 14 and 15, received 13 May 2022. No new types of materials shall be added to the external elevations of the development, hereby approved.

Reason: In the interests of the character and appearance of the site and surrounding area.

• 21(2)(d)The Minor Change Application is not to be made where the parent approval is less than 21 days old, subject to an undetermined appeal or has expired

• - PASS - original application approved 10th August 2022. 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

• 22(3)(b) Provision of other documents specified on form but not in Schedule 1

• - PASS - No other documents provided

• 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 - 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 materially increase size or scale of development approved.

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

• e. Item 1 - Amended entrance to the dwelling: construction of small dormer roof to phase 1 barn over existing upper floor opening to accommodate new front door; Comment: this significantly changes the nature of development previously approved as it would create two independent buildings/dwellings on site - FAIL.
• f. Item 2 - Omission of external porch link between new link extension and barn + replacement with infill wall + front door between the small barn + main barn; Comment: this significantly changes the nature of development previously approved as it would create two independent buildings/dwellings on site - FAIL.
• g. Item 3 - Addition of stone faced steps with metal balustrade up to new front door of barn; Comment: this significantly changes the nature of development previously approved as it would create two independent buildings/dwellings on site - FAIL.
• h. Item 4 - Addition of log burner flue to barn + extension of 'snug' flue from approx. 650mm to approx. 1100mm above the roof finishes; Comment: raises no concerns and will have no impact upon public or private amenities - PASS.

• 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

• - PASS - remains compliant

• 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 -

• a. The amended to the entrance to the dwelling and construction of small dormer roof to phase 1 barn over existing upper floor opening to accommodate new front door, as well as the omission of external porch link between new link extension and barn, and replacement with infill wall plus front door between the small barn and main barn, creates two independent buildings which could exist as independent dwellings and as such is considered to be more than minor and of a magnitude to warrant a new application.
• b. the addition of the new lead flat roof dormer which was not included in the original application as part of the external finishes on the external elevation would fail to comply with Condition 10 of the parent approval which required that "No new types of materials shall be added to the external elevations of the development, hereby approved." This element is not considered minor.
• c. The addition of stone faced steps with metal balustrade up to new front door of barn is considered to be more than minor as it can only be achieved through the (a) and (b) which are proposed as part of the scheme.

• - PASS - The following elements of the proposal are deemed minor: a. Addition of log burner flue to barn + extension of 'snug' flue from approx. 650mm to approx. 1100mm above the roof finishes

• 23(1)(f)The Minor Change does not otherwise fundamentally change the basis on which the grant was originally made.

• - FAIL - Some of the proposals go beyond what can be considered as a minor change.

• o The basis of original approval is changed through the introduction of new lead flat roof dormer which introduces new material on the external elevation of the building that is at variance with Condition 10 of parent approval.
• o The amended to the entrance to the dwelling and construction of small dormer roof to phase 1 barn over existing upper floor opening to accommodate new front door; the omission
• of external porch link between new link extension and barn, and replacement with infill wall plus front door between the small barn and main barn; as well as the addition of stone faced steps with metal balustrade up to new front door of barn, creates two independent buildings which could exist as independent dwellings and as such are considered to fundamentally change the basis on which grant was originally made.

• 23(2) If it does not do any of the above, must then be considered. - is the application bundle considered acceptable in all other respects? o FAIL - unacceptable (other than that set out above as passing for other reasons). NOTICE OF DECISION

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

• - Some of the changes are accepted. They include:

• i. Addition of log burner flue to barn + extension of 'snug' flue from approx. 650mm to approx. 1100mm above the roof finishes

• 24(2)(b) Set out whether any elements are refused, the reasons for that. As per report 21(2)(c)(i); 21(2)(c)(v); 23(1)(b) ; 23(1)(e); and 23(1)(f)

• i. Amended entrance to the dwelling: construction of small dormer roof to phase 1 barn over existing upper floor opening to accommodate new front door;
• ii. Omission of external porch link between new link extension and barn + replacement with infill wall + front door between the small barn + main barn;
• iii. Addition of stone faced steps with metal balustrade up to new front door of barn;

Items (i), (ii) and (iii) would create two independent buildings which could exist as independent dwellings and as such is considered to be more than minor and of a magnitude to warrant a new application.

Item (i) which would create a new lead flat roof dormer on the principal elevation (northwest elevation) would be at variance with Condition 10 of the parent approval, as it would introduce new material in the form of a new lead flat roof dormer which was not included as part of the external finishes on the external elevation. This is not considered minor and need to be assessed by a full planning application.

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 : Split Decision Date: 24.08.2023 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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