206937

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PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 24/90930/MCH Applicant : PCC Limited Proposal : Minor Change to PA 22/01460/B for the installation of two gable windows and four roof lights (retrospective) Site Address : Plot North East Of Cass A Lergy Douglas Road Kirk Michael Isle Of Man IM6 1AT

Planning Assistant: Daniel Spencer Photo Taken : Site Visit : Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Refused Date of Recommendation: 21.08.2024 __

Reasons for Refusal

R : Reasons for Refusal O : Notes attached to reasons

R 1. All changes are rejected. It is considered that the increase of the footprint of the development by 12% is considered more than minor and would move the building closer to the adjacent property. Most proposed changes shown on the plan are not mentioned in the reasons for the minor changes and no reason explaining why they are considered minor is included. Proposed changes would be considered more than minor and would benefit from a new application.

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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

1. Previous Applications

21(1) At least one of the following applies:

• this is the only minor changes application that has been made in respect of any particular grant of planning approval;

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• any previous minor changes application has been either refused or withdrawn;

• the minor changes application seeks approval only for the installation of low carbon technology; or

• all previous minor changes applications have related solely to the installation of a low carbon technology.

PASS - relates to 22/01460/B

2. Low Carbon Technology and Permitted Development

21(3) The application relate to the approval of low carbon technology and would it be Permitted Development if the building which it is to serve were substantially complete (if this test is passed, ignore section 3).

N/A

3. Limitations on when a Minor Change Application may be made

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

PASS - relates to erection of a building

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

FAIL - The plan proposes an additional roof light on top of the 4 mentioned, a 12% increase in the dwellings floor space, panels on the south elevation garage roof, a possible air source heat pump on the east side of the property, changes/ removal to the layout of approved windows on doors on the east and south elevation which are not mentioned

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

FAIL - while a reason is proposed in the application to states that there in material change to the overall size however the floor space is increased by 12%.

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 where this would increase the total floor plan by more than 5% or result in any part of the development being located closer to the curtilage of an adjacent dwelling.

FAIL - 12% increase to the footprint of the development which would move it closer to the curtilage of an adjacent dwelling.

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 changes

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

PASS - No changes

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 10.08.2023

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 IF relevant, 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

FAIL - increases the dwellings footprint by 12%.

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 or highway safety or 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

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- FAIL - Plan includes additional detail that isn't noted in the application or cover letter which would be considered more than minor and would benefit from a new application.

23(1)(f)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 - Changes considered than minor and increase in the dwellings footprint is more than 5%.

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

No changes are accepted.

24(2)(b) Set out whether any elements are refused, the reasons for that.

All changes are rejected. __

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: 22.08.2024

Determining officer Signed : C BALMER

Chris Balmer

Principal Planner

Customer note

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