DEC Officer Report
Application No.: 22/01061/MCH Applicant: Mrs Kerry Vanselow Proposal: Minor Change application to PA 21/00197/B involving a replacement shopfront to the one approved Site Address: 29 Victoria Street Douglas Isle Of Man IM1 2LG Enforcement/Planning Assistant: Ms Charlotte Gatt Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 12.10.2022 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons R 1. The culmination of changes amounting to a scheme which is considered to be more than minor and of magnitude warranting a new application and assessed against planning policy and with public consultation.
_______________________________________________________________ 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 21/00197/B
- 21(2)(a) The Minor Change Application relates to the grant of planning approval in respect of a building
- - PASS - relates to the erection of a replacement of a shopfront.
- 21(2)(b) The application specifies what minor changes are being sought
- - PASS - re-siting of existing shopfront door to a centralised position
- 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/statement
- 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 16.07.2021. 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 (if necessary) Flood risk assessment
- 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. OR
- 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
- 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. The alterations to the re-position within a significant sized site and the repositioning of the entrance door has no impact to any private or public amenities.
- 23(1)(b) The Minor Change does not significantly change the nature of the development in question
- - FAIL - nature of original development is changed, the original application did not propose or include to make any changes to shopfront.
- 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
- - FAIL - Although in some terms it may be seen as to remain compliant, the property falls within a conservation area and the tests as to whether the newly designed shop front preserve or enhance the conservation area would need to be considered in their own merits Section 18 Test.
- 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.
- 23(1)(e) The Minor Change is not more than minor and is not of a magnitude to warrant a new application
- - Fail - the changes are not considered minor in terms of the changes proposed within the conservation area. The impact on the conservation area as a newly designed shopfront will need to be assessed as a separate application.
- 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?
- - Fail - unacceptable as minor changes application. NOTICE OF DECISION
- 24(2)(a) Set out whether all or some of the changes are accepted
- - The changes are not accepted as part of a minor change application.
- 24(2)(b) Set out whether any elements are refused, the reasons for that.
- - The minor changes application is to be refused. _____________________________________________________________________
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: 19.10.2022 Determining officer
Signed : C BALMER Chris Balmer 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.
