28 August 2024 · Delegated - Principal Planner (Chris Balmer)
Cass A Lhergy, Douglas Road, Kirk Michael, Isle Of Man, IM6 1at
The application sought minor change approval to an existing grant of planning permission (PA 22/01460/B, approved 10.08.2023) for erecting a dwelling, specifically requesting two gable windows and four roof lights retrospectively.
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The application was refused because it failed statutory tests for minor changes under the Town and Country Planning (Development Procedure) Order 2019, Articles 21-24.
Town and Country Planning (Development Procedure) Order 2019 Article 21(2)(b)
Requires the application to specify changes sought and why applicant considers them minor. Failed as plans included unmentioned extra roof light, 12% floor space increase, solar panels, heat pump, and window/door changes; reason given claimed no material size change but ignored 12% increase.
Town and Country Planning (Development Procedure) Order 2019 Article 21(2)(c)(ii) - footprint limits
Prohibits increase >5% in net external footprint or bringing development closer to adjacent dwelling curtilage. Failed due to 12% footprint increase moving building closer to adjacent property.
Must not significantly increase the size or scale of the development
Minor change must not significantly increase size/scale. Failed as footprint increased by 12%.
Town and Country Planning (Development Procedure) Order 2019 Article 23(1)(e)
Change must not be more than minor or of magnitude needing new application. Failed due to unnoted plan details making changes more than minor.
