208596 — 24/01109/MCH | Planning Portal IoM

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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 24/01109/MCH Applicant : Mr & Mrs Kenneth McGovern Proposal : Minor Changes Application to PA 23/00793/B to replace rear first floor windows with patio style doors with frosted opaque glass and associated Juliet style balustrade Site Address : Land Adjacent To Elmwood Somerset Road Douglas Isle Of Man

Planning Officer: Hamish Laird

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 04.11.2024 __

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

Note This approval relates to the submitted documents and drawing all received on 25.09.2023.

Plans/Drawings/Information;

This approval only relates to the following (all shown and described in the information received on 25.09.2024):

o Item 1- Removal of the 2 No. x 3-casement (each window approx. 1.8m wide x 1.5m high) rear first floor windows and their replacement with patio style doors. The 2 No. sets of patio doors would be fully glazed approx. 2.2m high x 1.8m wide, and would have external obscure-glazed safety panels approx. 1.1m high x 1.8 wide so that each set of doors would provide a Juliet Balcony and would open inwards into each of the bedrooms they would serve. __

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.

It is noted from the outset that the occupant of the neighbouring dwelling located to the rear of the property at 10 Cronkbourne Avenue, Douglas commented by letter on 21/10/24. Concerns raised are as follows:

"I wish to comment on the above planning application.

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Firstly, our property is directly affected by changes to the original application 23/00793/B and we were surprised not to receive a notice from the Planning Office. Perhaps this is not procedure in 'minor changes applications', but as this property sits in an elevated position over ours, I would have hoped for consideration and transparency in handling this application.

Fortuitously, we were made aware of proposed changes to the plans for the above property. In view of the fact that the proposed changes have been made in consultation with the Planning Enforcement Officer there seems to be little point in our objecting, despite the fact that we would have preferred it if the applicant had built the house as per the approved design and without further subsequent amendment.

We would however like assurances that the proposed Juliette style balconies will indeed have the proposed opaque glass, and that this will be enforced."

These comments are noted are noted, and considered in section 23(1)sa of this report below.

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 23/00793/B

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

PASS - relates to "replace rear first floor windows with patio style doors with frosted opaque glass and associated Juliet style balustrade."

Minor Changes Application to PA 23/00793/B to replace rear first floor windows with patio style doors with frosted opaque glass and associated Juliet style balustrade 21(2)(b) The application specifies what minor changes are being sought

PASS - the changes are:

o Item 1- The amendment removes the 2 No. x 3-casement (each window approx. 1.8m wide x 1.5m high) rear first floor windows and replaces them with patio style doors. The 2 No. sets of doors would be approx. 2.2m high x 1.8m wide, and would have external obscure- glazed safety panels approx. 1.1m high x 1.8 wide so that each set of doors would provide a Juliet Balcony and would open inwards into each of the bedrooms they would serve.

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

PASS - set out in application form

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.

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

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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 - no change

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 04.10.2023

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 (if necessary) Flood risk assessment - N/A. o The planning approval that is the subject of the application o Explanation of changes being applied for and reasons why o (if necessary) site plan, plans, elevations and sections of the proposed minor changes with buildings and structures amended to indicate the changes.

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 - 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 - Nothing requested

DETERMINATION 23(1)(a) The Minor Change does not significantly increase the size or scale of the development in question. o Item 1- The amendment removes the 2 No. x 3-casement (each window approx. 1.8m wide x 1.5m high) rear first floor windows and replaces them with patio style doors. The 2 No. sets of doors would be approx. 2.2m high x 1.8m wide, and would have external obscure- glazed safety panels approx. 1.1m high x 1.8 wide so that each set of doors would provide a Juliet Balcony and would open inwards into each of the bedrooms they would serve.

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Comment - The comments received from the occupant of the neighbouring dwelling located to the rear of the property at 10 Cronkbourne Avenue are noted.

It is considered that the deletion of the 2 No. x 3-casement (each window approx. 1.8m wide x 1.5m high) rear first floor windows and their replacement with inward opening patio style doors with obscure external obscure-glazed safety panels approx. 1.1m high in the first floor rear elevation, forming a juliet balcony serving the new dwelling would not result in any increased overlooking or loss of privacy to any adjoining residential properties, including No. 10 Cronkbourne Avenue. The obscure glazing would reflect the internal height of the internal cill height of the previously approved windows and should not result in a material increase in incidences of observation/overlooking over and above that experienced in respect of the previously approved windows. Whilst the concerns raised are noted, it is considered that there would be no substantial increase in any demonstrable harm (overlooking/loss of privacy) and consequently there would be no unacceptably adverse impact upon public or private amenities. APPROVE

23(2) If it does not do any of the above, must then be considered. - is the application considered acceptable?

PASS - APPROVE

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

All changes are accepted

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

N/A

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 and/or rights to appeal.

Decision Made : Permitted

Date: 05.11.2024

Determining officer Signed : J SINGLETON

Jason Singleton

Principal Planner

Customer note

This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online services/customers and archive records.