DEC Officer Report
Application No.: 21/00444/MCH Applicant: Mr & Mrs Paul and Katherine Bergin Proposal: Minor change application to PA 19/01441/B involving alterations to windows positions and size Site Address: Ballacain Cottage Lhagg Road Dalby Isle Of Man IM5 3BU Principal Planner: Miss S E Corlett Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 19.05.2021 _________________________________________________________________
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
N 1. This decision relates to all of the changes proposed in the application. Plans/Drawings/Information; This decision relates to the changes to the approved windows as shown in drawings 215/001, 215/020 and 215/024a all received on 28th April, 2021. _______________________________________________________________
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 19/01441/B
- 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 replacement dwelling
- 21(2)(b) The application specifies what minor changes are being sought
- - PASS - increase in size of two windows and alteration of two other windows
- 21(2)(b) The application specifies why the applicant considers the minor changes to be of a minor nature
- PASS - the applicant has confirmed by e-mail dated 18.05.21 that they consider that the changes are minor in nature as the alterations to the size and positions of the windows in the East and West elevations are small in relation to the size of the elevations in which they will sit, and they will be viewed from some considerable distance from a public vantage point. They are not considered to materially change the appearance of those elevations, and will provide greater symmetry than the original proposal
- 21(2)(c)(i) The Minor Change Application does not increase the number of dwellings or buildings for which planning approval has been granted
- 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
- 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
- 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 12th Dec 2020 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:
- 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/is not necessary in this case (there is a small portion of the site which is at low risk from surface water flooding but the MCH does not affect this)
- 22(3)(b) Provision of other documents specified on form but not in Schedule 1
- - 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
- - PASS - does not increase size or scale of the building approved on appeal
- 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: whilst the windows are to be changed. The changes involve the eastern and western elevations (those facing the sea and the highway) and the installation of a larger window in the upper floor of the pitched roofed section of the eastern elevation and the centralisation of the approved ground floor window below it along with the elongation of the approved window in the centre of the pitched roofed element of the western elevation and centralisation of the ground floor window below it.
- 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)
- PASS - there will be no new or increased impacts compared with the parent approval the windows concerned do not face any neighbouring properties which are, in any case, some distance away.
- 23(1)(e) The Minor Change is not more than minor and is not of a magnitude to warrant a new application
- - PASS - considered minor
- 23(1)(e)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?
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 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 : Permitted Date : 24.05.2021 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
Customer note
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