**Document:** DEC Officer Report **Application:** 22/01120/MCH — Minor change application to approved PA 22/00052/B, to remove a window to the south elevation, installation of bi-fold doors to western elevation and installation of a twin flue to the side extension. **Decision:** Refused **Decision Date:** 2022-10-21 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/25806-lezayre-5-rheast-mooar-close-minor-change-application/documents/1033891 --- # DEC Officer Report ## PLANNING OFFICER REPORT AND RECOMMENDATION **Application No.:** 22/01120/MCH **Applicant:** Mrs Caroline Callahan **Proposal:** Minor change application to approved PA 22/00052/B, to remove a window to the south elevation, installation of bi-fold doors to western elevation and installation of a twin flue to the side extension **Site Address:** 5 Rheast Mooar Close Ramsey Isle Of Man IM8 3LT Principal Planner: Mr Chris Balmer **Expected Decision Level:** Officer Delegation **Recommended Decision:** Refused **Date of Recommendation:** 21.10.2022 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons As per assessment in the report ## 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 22/00052/B and no other MCH applications have been received for this application. - 21(2)(a) The Minor Change Application relates to the grant of planning approval in respect of a building - - PASS - relates to the alterations, erection of extension and creation of a gable window - - FAIL - Installation of bi-folding doors to rear elevation and Blocking up of existing bedroom window to side elevation not part of original approval. - 21(2)(b) The application specifies what minor changes are being sought - - PASS - the application form specifies that the application proposes: Sections - A) Removal of attic gable end window - B) Installation of bi-folding doors to rear elevation; - C) Blocking up of existing bedroom window to side elevation; - D) Installation of a flue for wood burning stove; - E) Alteration to approved garden windows to larger windows and an additional window; - F) Reduction in roof lanterns from 3 to 2; and - G) Increases in height of parapet wall by 0.36m. - 21(2)(b) The application specifies why the applicant considers the minor changes to be of a minor nature PASS - after requesting additional information the agent on behalf of the applicant have provided the following in part; " I can confirm that after review with the client on furniture layouts and development of the building control submission it has been considered beneficial to the scheme to make the alterations as shown. It has also become apparent that the current master bedroom window directly overlooks the neighbour, and the applicant wishes to preserve privacy by moving the window in that room to the west elevation. I trust that this is self-explanatory and allows you to validate the application. Please note this information is on the application drawing in any case." - 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 in floor area - 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 change to access - 21(2)(c)(v) The Minor Change Application does not alter the conditions (if any) which have been imposed - PASS - no change: the only condition attached was the standard 4 year commencement. - 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 on 29.03.2022. ## 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 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 - additional information provided by e-mails on 23/06/22 - 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 - requested and provided DETERMINATION - 23(1)(a) The Minor Change does not significantly increase the size or scale of the development in question - - PASS - the change is minor in it's appearance and impact upon the overall streetscene - 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) - - FAIL (in part) - - Section E - The introduction of two larger windows and an additional window to the garden room extension increase the likelihood of potential overlooking or perceived overlooking; especially in relation to the additional window. - - Section D - Introduction of a wood burning flue near to the neighbouring property. The Department has approved and refused flues of this type close to neighbouring properties and therefore a full assessment is required (planning application). A flue was not included in the original application so this goes beyond the approval. - - For both these matters it is considered a full planning approval would be required to ensure the neighbours especially are aware of such changes. - - PASS - - Sections A, B, C, F & G raise no concerns. - 23(1)(e) The Minor Change is not more than minor and is not of a magnitude to warrant a new application - - FAIL - There are 7 changes proposed to a single dwelling, while the majority of these are a betterment, it is difficult to argue there is no "significantly change the nature of the development". Further while some aspects i.e. the raising of the height of the extension does not raise concern, the introduction of additional windows do. If this Minor Amendment Application was approved it would result in some element s of the extension being approved and other not, resulting in a hybrid of the two applications, albeit no single plan showing just the approved aspects. - - FAIL - Installation of bi-folding doors to rear elevation and Blocking up of existing bedroom window to side elevation do not form of original approval and cannot be added. - 23(1)(e)The Minor Change does not otherwise fundamentally change the basis on which the grant was originally made. - FAIL - see 23(1)(e) - 23(2) If it does not do any of the above, must then be considered. - is the application considered acceptable? ## - - FAIL NOTICE OF DECISION - 24(2)(a) Set out whether all or some of the changes are accepted - - None _____________________________________________________________________ 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: 21.10.2022 Determining officer Signed : A MORGAN Abigail Morgan Principal Planner Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records. --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/25806-lezayre-5-rheast-mooar-close-minor-change-application/documents/1033891*