Officer Report
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No.: 24/91222/MCH Applicant: Living Hope Community Church Limited Proposal: Minor Changes to 23/01200/B including changes to the roof and external walls, omission of proposed gate opening through boundary wall onto St Barnabas Hill, and redesign of rear external area. Site Address: Removal House 39 Finch Road Douglas Isle Of Man IM1 2PT Planning Officer: Peiran Shen Recommended Decision: Split Decision Date of Recommendation: 05.11.2024 _________________________________________________________________
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
- N 1. Works proposed under PA 23/01200/B relating to Conversion of building from retail (class 1.1) to a community facility (class 4.3) at Removal House, 39 Finch Road, Douglas.
This decision provides for the APPROVAL of changes relating to: Blocking off a proposed opening on the north boundary wall
- N 2. This decision provides for the REFUSAL of changes relating to the installation of:
- - Replace the existing pitched roof element with flat roofing panels.
- - Creation of a new flat roof element behind the office.
- - Replace the existing north elevation sheet wall with cladding panels.
- - Re-rendering the south boundary wall from lime mortar to lime render.
These proposed changes would result in non-compliance with Condition 5 of the parental approval PA 23/01200/B and are significant enough that they require to be assessed under a new application so cannot be approved as a Minor Change.
Plans/Drawings/Information;
This decision relates to the documents, cover letter, and drawing no. EX-01 Rev A, P-01 Rev E, P-01 Rev F, P-02 Rev D, P-02 Rev E, which have been received on 25th October 2024. ___________________________________________________________________
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) 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;
- - any previous minor changes application has been either refused or withdrawn;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 23/01200/B and this is the first minor change application related to 23/01200/B
- Low Carbon Technology and Permitted Development
- 21(3) The application relates 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
- 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 change of use of a building
- 21(2)(b) The application specifies what minor changes are being sought
- - PASS
- - Replace the existing pitched roof element with flat roofing panels.
- - Creation of a new flat roof element behind the office.
- - Replace the existing north elevation sheet wall with panels.
- - Blocking off a proposed opening on the north boundary wall
- - Rerender the south boundary wall from lime mortar to lime render
- 21(2)(b) The application specifies why the applicant considers the minor changes to be of a minor nature
- Pass - included in the current application.
- 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 - N/A
- 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.
- - PASS - no increase beyond the threshold
- 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 red line boundary
- 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
- - Fail - Condition 5 requires "The materials and finishes used in the renovation must match those specified in the approved plans." The new roof and wall finish changes.
- 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 9th July 2024. 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 and flood risk assessment not needed
- 22(3)(b) Provision of other documents specified on the form but not in Schedule 1
- - PASS - No other documents provided
- - PASS - Dealt with at submission
- 22(6) Such further info as the Department may request prior to determination (has anything further been requested and provided?
- 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 - The 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
- Fail - While not on the front elevation, the accumulative changes to the roof and wall finishes are significant enough to require a full application.
- 23(1)(f)The Minor Change does not otherwise fundamentally change the basis on which the grant was originally made.
- - PASS - the basis of the original approval remains unchanged
- 23(2) If it does not do any of the above, must then be considered. - is the application considered acceptable?
- PASS - acceptable NOTICE OF DECISION
- 24(2)(a) Set out whether all or some of the changes are accepted
- Blocking off a proposed opening on the north boundary wall
- 24(2)(b) Set out whether any elements are refused, and the reasons for that.
- - Replace the existing pitched roof element with flat roofing panels.
- - Creation of a new flat roof element behind the office
- - Replace the existing north elevation sheet wall with cladding panels.
- - Re-render the south boundary wall from lime mortar to lime render
- - the accumulative changes to the roof and wall finishes changes Condition 5 of the approval and are accumulatively significant to need to be assessed under a new 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 and/or rights to appeal.
Decision Made : Split Decision Date: 07.11.2024 Determining officer
Signed : C BALMER Chris Balmer Principal Planner
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