DEC Officer Report
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No.: 24/00183/MCH Applicant: Mr Keith Fitton Proposal: Minor Change Application to 22/00783/B - Additional eight in- roof solar panels on the front elevation of the property. Site Address: Tamarisk Main Road Kirk Michael Isle Of Man IM6 1AJ Planning Assistant: Mr Daniel Spencer Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 29.02.2024 _________________________________________________________________ R : Reasons for Refusal O : Notes attached to reasons Reasons for Refusal The following changes are REFUSED: - All elements refused - New solar panels on the front elevation would have an impact on the character of the conservation area and would need assessing under a full planning application as opposed to a minor change application.
_______________________________________________________________ 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
- 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 22/00783/B
- 21(2)(a) The Minor Change Application relates to the grant of planning approval in respect of a building
- - PASS - relates to erection of replacement dwelling with solar panels
- 21(2)(b) The application specifies what minor changes are being sought
- - PASS - additional 8 in-roof solar panels on the front elevation of the property.
- 21(2)(b) The application specifies why the applicant considers the minor changes to be of a minor nature
- 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
- 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
- 21(2)(c)(v) The Minor Change Application does not alter the conditions (if any) which have been imposed
- 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 16th Nov 2022 APPLICATION CONTENT
- 22(3)(a) Application Form
- 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
- 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?
- - 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.
- 23(1)(b) The Minor Change does not significantly change the nature of the development in question
- - PASS - nature of original development is not changed
- 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 - Proposed solar panels are on the front elevation within a conservation area and would need assessing through a full 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 - Proposed solar panels are on the front elevation within a conservation area and would need assessing through a full application.
NOTICE OF DECISION
- 24(2)(a) Set out whether all or some of the changes are accepted
- No changes are acceptable
- 24(2)(b) Set out whether any elements are refused, the reasons for that.
- - All elements refused - New solar panels on the front elevation would have an impact on the character of the conservation area and would need assessing under a full planning application as opposed to a minor change application.
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 : 07.03.2024 Determining officer
Signed : S BUTLER
Stephen Butler Head of Development Management
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