DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 20/01119/MCH Applicant: Mr Gary & Mrs Susan Clueit Proposal: Minor Changes application to PA 18/00004/GB involving creation of sunken garden, walkway and escape stair, installation of traditional details to match surrounding buildings to front façade, installation of replacement glazed conservatory, window, fenestration and cladding alterations to rear elevations, installation of photovoltaic panels, rear third floor balcony and change of garage door design Site Address: 12 Derby Square Douglas Isle Of Man IM1 3LS Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Split Decision Date of Recommendation: 29.10.2020 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions N 1. This approval only relates to the following (all shown and described in the information received on 9th October 2020):

• - 1. Omit front basement accommodation (former front garden), create new sunken garden with oriel bay window above, and new external store, walkaway and escape stair;
• - 2. Omit non-traditional front mouldings and reintroduce traditional details to match surrounding buildings;
• - 6. Installation of low level Photovoltaic panels; and
• - 8. Garage door changed to a roller shutter. For the avoidance of doubt no approval is hereby given for:

• 3. Ground floor hall, WC and Cloaks, omit and replace with new glazed conservatory;
• 4. Rear Elevations - Introduce integrate high level clerestory windows to the New Craft Room and master bedroom, including contemporary 'floating' fascia detail; introduction of third floor high level metal standing steam cladding and contemporary ,metal facia detail;
• 5. Glazed fenestration amended, including change from uPVC to polyester power coated metal, installation of integrated louvres and integration with new high level clerestory windows; and

1. Third floor rear external balcony added.

Plans/Drawings/Information; This decision relates to drawings 1001, 1101 and 1201 all received on 9th October 2020. _______________________________________________________________

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 18/00004/GB

• 21(2)(a) The Minor Change Application relates to the grant of planning approval in respect of a building

• - PASS - relates to demolition of existing dwelling and replacement with new dwelling.

• 21(2)(b) The application specifies what minor changes are being sought

• - PASS -
• - 1. Omit front basement accommodation (former front garden), create new sunken garden with oriel bay window above , and new external store, walkaway and escape stair;
• - 2. Omit non-traditional front mouldings and reintroduce traditional details to match surrounding buildings;
• - 3. Ground floor hall, WC and Cloaks, omit and replace with new glazed conservatory;
• - 4. Rear Elevations - Introduce integrate high level clerestory windows to the New Craft Room and master bedroom, including contemporary 'floating' fascia detail; introduction of third floor high level metal standing steam cladding and contemporary ,metal facia detail;
• - 5. Glazed fenestration amended, including change from uPVC to polyester power coated metal, installation of integrated louvres and integration with new high level clerestory windows;
• - 6. Installation of low level Photovoltaic panels;
• - 7. Third floor rear external balcony added; and
• - 8. Garage door changed to a roller shutter.

• 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/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

• 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

• 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

• 21(2)(c)(v) The Minor Change Application does not alter the conditions (if any) which have been imposed

- PASS

• 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 12.04.2018 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 (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

• - PASS - provided

• 22(3)(b) Provision of other documents specified on form but not in Schedule 1

• - PASS - No other documents provided

• 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 - 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. Development is perhaps slightly smaller in width, given a new internal wall appears to be proposed.

• 23(1)(b) The Minor Change does not significantly change the nature of the development in question

• - FAIL (in part) - There are 8 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"; especially to the rear elevation which in terms of design is very different.

• 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) - The introduction of a third floor balcony causes potential concern of having an overbearing impact due to height and rear projection of obscure screen (to prevent overlooking). Pervious application did not have access to the third floor flat roof. Further, introduction of high-level/obscure glazed windows could also raise concern to having a perception of being overlooked. Further, changes are considered too great above what neighbours could have original considered when application was originally submitted.
• - Also the Ground floor hall, WC and Cloaks, omit and replace with new glazed conservatory; results in a new extension closer to the boundary with neighbouring property with large glazed window. The previous scheme a window of similar sized served a nonhabitable room (hall); however, the large window would not serve a primary habitable room (kitchen/diner) and therefore there is the potential of greater impacts. Again the change is too great over the previous scheme and not what the neighbour would have potentially considered.

• 23(1)(e) The Minor Change is not more than minor and is not of a magnitude to warrant a new application

• - FAIL (in part) - It is considered the 8 changes collectively to a single dwelling are too great to consider as Minor Amendments and a new application should be submitted.

• 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 in terms of being a single dwelling.

• 23(2) If it does not do any of the above, must then be considered. - is the application considered acceptable?

• FAIL (in part) - Unacceptable. NOTICE OF DECISION

• 24(2)(a) Set out whether all or some of the changes are accepted

• - The Following Changes are acceptable:

• - 1. Omit front basement accommodation (former front garden), create new sunken garden with oriel bay window above, and new external store, walkaway and escape stair;
• - 2. Omit non-traditional front mouldings and reintroduce traditional details to match surrounding buildings;
• - 6. Installation of low level Photovoltaic panels;
• - 8. Garage door changed to a roller shutter.

• 24(2)(b) Set out whether any elements are refused, the reasons for that.

• The Following Changes are NOT acceptable:

• 3. Ground floor hall, WC and Cloaks, omit and replace with new glazed conservatory;
• 4. Rear Elevations - Introduce integrate high level clerestory windows to the New Craft Room and master bedroom, including contemporary 'floating' fascia detail; introduction of third floor high level metal standing steam cladding and contemporary ,metal facia detail;
• 5. Glazed fenestration amended, including change from uPVC to polyester power coated metal, installation of integrated louvres and integration with new high level clerestory windows; and

1. Third floor rear external balcony added. _____________________________________________________________________

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.

Decision Made : Split Decision Date : 02.11.2020 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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