DEC Officer Report
Application No.: 21/00201/MCH Applicant: Mr & Mrs Caroline & David Kay Proposal: Minor Changes application to PA 18/00182/B involving changes to windows, cladding and decking Site Address: White Cottage Pinfold Hill Laxey Isle Of Man IM4 7HN Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Split Decision Date of Recommendation: 16.04.2021 _________________________________________________________________
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions NOTE. The following works are considered to be acceptable under the Minor Change Application:
- - omission of two windows from north elevation
- - reduction of head and cill heights to window on north elevation
- - addition of timber clad access panel to north elevation
- - omission of upper ground floor south elevation window
- - relocation and size changes to lower ground floor south elevation window
- - omission of rear garden level deck/patio
NOTE. The removal of the front boundary wall resulting in a material change to a vehicular access contravening Part 3 21 (2)(c)(iv) of the Town and Country Planning (Development Procedure) Order 2019. The relocation of an external staircase serving upper ground floor (UGF) and lower ground floor (LGF) to the northern side of the dwelling results in a change to a car parking area referenced in Condition 4 of the parent approval and contravenes Part 3 21 (2)(c)(v) of the Town and Country Planning (Development Procedure) Order 2019. These elements are therefore refused.
Plans/Drawings/Information;
The application relates to a covering letter and drawing numbers P-10-03, P10-05, P-10-10 and P-10-11, P-12-02 Previously Approved Elevations and P-12-02 Proposed Minor Amendments all received 15/03/2021 and drawing number P-10-01 and 2x site photographs received by email dated 06/04/2021.
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Interested Person Status
Additional Persons _____________________________________________________________________________ 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. o PASS - relates to 18/00182/B
- 21(2)(a) The Minor Change Application relates to the grant of planning approval in respect of a building
- o PASS - relates to erection of a single dwelling
- 21(2)(b) The application specifies what minor changes are being sought
- - relocation of external staircase serving upper ground floor (UGF) and lower ground floor (LGF) to northern side
- - omission of two windows from north elevation
- - reduction of head and cill heights to window on north elevation
- - addition of timber clad access panel to north elevation
- - relocation of south elevation window and its cill level reduced
- - omission of a south elevation window
- - omission of rear garden level deck/patio
- 21(2)(b) The application specifies why the applicant considers the minor changes to be of a minor nature
- PASS - set out in covering letter
- 21(2)(c)(i) The Minor Change Application does not increase the number of dwellings or buildings for which planning approval has been granted o 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
- 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 red line
- 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 o FAIL - width of access is changed as a result of removal of front boundary wall
- 21(2)(c)(v) The Minor Change Application does not alter the conditions (if any) which have been imposed
- FAIL - parking area conditioned under C4 of 18/00182/B is being changed as a result of relocated stair case under MCH app. The officer report for PA 18/00182/B refers to car parking at paragraph 6.3 and reiterates the needs for any new dwelling to provide sufficient car parking off the road, DOI Highways indicated no highways interest in the original 18/00182/B proposal and the application was approved with the following condition to ensure this access and parking area were both provided prior to occupation:
"The development hereby approved shall not be occupied until the means of vehicular access and parking area as identified on drawing number P-10-05 have been constructed/completed in accordance with the approved plans, and shall thereafter be retained for access/parking purposes only.
Reason: In the interests of highway safety and off street parking provision."
- 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.
- o PASS - original application approved 18th June 2018 APPLICATION CONTENT
- 22(3)(a) Application Form
- 22(3)(a&c) The information in Schedule 1 of the Town and Country Planning (Development Procedure) Order 2019 has been provided:
- - The planning approval that is the subject of the application
- - Explanation of changes being applied for and reasons why
- - Red line boundary plan
- - Site plan, plans, elevations and sections of the proposed minor changes with buildings and structures amended to indicate the changes.
- - Flood risk assessment is not necessary in this case
22(3)(b) Provision of other documents specified on form but not in Schedule 1
- o PASS - No other documents provided
- 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 o PASS - does not increase size or scale and proposal remains for single dwellinghouse
- 23(1)(b) The Minor Change does not significantly change the nature of the development in question o PASS - nature of original development is not changed and remains for single dwellinghouse
- 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
- o FAIL - the external staircase relocation results in changes to an access and parking area and these changes would go beyond what can be assessed as part of a minor change application.
- 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)
- o FAIL - the relocation of the upper level external stair results in changes to the access and the parking area that go beyond what can be assessed as part of a minor change application .
- o PASS - all other works in respect of the omission of windows, omission of patio area, installation of a service door and changes to existing window sizes are not considered to result in any new or increased adverse impacts on the neighbours or surrounding environment.
- 23(1)(e) The Minor Change is not more than minor and is not of a magnitude to warrant a new application
- o FAIL - the removal of the front boundary wall and the works relating to the relocated stair are not considered minor due to those reasons as set out in 21(2)(c)(iv) and 21(2)(c)(v) above in respect of making changes to an access and in respect of condition 4 of the original approval.
- o PASS - removal of patio and the external alterations in respect of windows and clad door are deemed minor
- 23(1)(e)The Minor Change does not otherwise fundamentally change the basis on which the grant was originally made.
- FAIL- some of the proposals go beyond what can be considered as a minor change. Removal of the front boundary wall and the works relating to the relocated stair are not considered minor due to those reasons as set out in 21(2)(c)(iv) and 21(2)(c)(v) above in respect of making changes to an access and in respect of condition 4 of the original approval.
- 23(2) If it does not do any of the above, must then be considered - is the application bundle considered acceptable in all other respects? o PASS - acceptable (other than those set out above as failing for other reasons).
I can confirm that this decision has been made by the Head of Development Management 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 : Split Decision Date : 16.04.2021 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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