DEC Officer Report

Application No.: 20/00151/MCH Applicant: Anorgarth Limited Proposal: Minor changes application for PA 16/00681/B involving extension of front porch roof and additional windows Site Address: Vacant Plot With Garage Gellings Avenue Port St. Mary Isle Of Man Planning Officer: Miss Lucy Kinrade Recommended Decision: Review Split Decision Date of Recommendation: 20.07.2020 _________________________________________________________________ Notes for Approval Approval is hereby given for the following changes as shown on the submitted drawings: - - installation of stone cladding on front elevation - - installation of two new south west gable elevation windows - - creation of living space in attic - - reconfiguration of bathroom to create additional en-suite - - installation of patio door - - installation of grey coloured window frames - - installation of roof lights to both sides of roof slope. Notes for Refusal The following changes are refused: - - extension to front elevation canopy - - the installation of a new window on the north east gable elevation ### Plans/Drawings/Information; This Minor Change Application relates to drawing numbers 03, 01 Rev 3, 01 Rev 6 and 02 Rev 4, 3 site photographs, copy of decision notice and a supporting statement from Anorgarth Ltd all date stamped and received 22/06/2020.

_____________________________________________________________________________ Officer’s Report

|Requirement|Source|Analysis|Pass| |---|---|---|---| |Basis of Application|Basis of Application|Basis of Application|Basis of Application| |Only one minor changes application may be made in respect of any|21(1)|There have been no other minor changes applications in relation to|Yes|

|particular grant of planning approval.| |16/00681/B| | |---|---|---|---| |Must relate to a grant of planning approval in respect of a building|21/2)(a)|Relates to 16/00681/B|Yes| |Must specify what minor changes are being sought and why the applicant considers them to be of a minor nature|21(2)(b)|The proposal relates to the following: 1. extension of front elevation canopy over full width of dwelling; 2. installation of stone cladding on front elevation; 3. installation of ground floor window on the south west gable facing Cronk Road; 4. installation of second floor obscured window on the south west gable facing Cronk Road; 5. installation of internal stairs and the creation of an attic bedroom; 6. installation of three velux roof lights (two at rear and one at front) 7. installation of a window in the third floor of the north east gable elevation; 8. installation of outwards opening patio doors at ground floor rear elevation; 9. installation of grey windows rather than white windows as specified in parent approval; 10. internal alteration splitting bathroom at second floor to provide bathroom and ensuite. The applicant has stated in the supporting information why they consider each to be of a minor nature|Yes| |Cannot increase the number of dwellings or buildings for which planning approval has been granted|21(2)(c)(i)|No change - the proposal remains for a single dwelling|Yes| |Cannot increase the net external footprint of a building for which planning approval has been granted|21(2)(c)(ii)|No Change - new site plan received 22.06.2020 and no change between original approved drawings or minor change drawings|Yes| |Cannot 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)(iii)|No Change - new site plan received 22.06.2020|Yes|

|Cannot make material changes to the vehicular access arrangements for which planning approval has been granted|21(2)(c)(iv)|No Change - new site plan received 22.06.2020|Yes| |---|---|---|---| |Cannot alter the conditions (if any) which have been imposed|21(2)(c)(v)|No conditions to be affected|Yes| |Cannot be made where the parent approval is less than 21 days old, subject to an undetermined appeal or has expired|21(2)(d)|16/00681/B was approved on 29th November 2016.|Yes| |Requirement|Source|Analysis|Pass| |Application Content|Application Content|Application Content|Application Content| |Application Form|22(3)(a)|Provided|Yes| |Information in Schedule 1: • Site location plan (including flood risk assessment) • The planning approval that is the subject of the application • The changes to that approval which are being applied for • An explanation as to why those changes are being applied for; • (if relevant) the site plan, and the plans, elevations and sections of the proposed buildings and structures amended to indicate the changes. |22(3)(a&c)|Updated Site and location plan provided 22.06.2020 Not in flood risk area Has reference parent approval 16/00681/B Has set out proposed changes and explanations in supporting statement Has provided drawings from parent approval Has provided full elevations and floor plans drawings for proposed minor changes including photographs of surroundings.|Yes| |Document specified on form but not in Schedule 1|22(3)(b)|N/A|Yes| |Fee|22(3)(4)|Dealt with at application validation|Yes| |Such further info as Department may request prior to determination|22(6)|Revised drawings received 22.06.2020|Yes| |Requirement|Source|Analysis|Pass| |Determination|Determination|Determination|Determination| |Must not significantly increase the size or scale of the development in question|23(1)(a)|The minor changes sought are set out in the application and 21(2)(b) of this report, they are not considered to significantly increase the size or scale of the development.|Yes| |Must not significantly change the nature of the development in question|23(1)(b)|16/00618/B was approved for the demolition of a garage and the erection of a new dwelling with integral garage. The current proposal remains for the same scheme and it is not considered that the nature of the development is being changed.|Yes| |Requirement|Source|Analysis|Pass| |Must not result in an approval|23(1)(c)|16/00681/B was considered against|No|

|which, at the time of approval, complied with a Development Plan, National Policy Directive or a Planning Policy Statement, ceasing to do so| |General Policy 2 only. It has been noted as part of the minor change application that the site also sits within the Port St Mary Proposed Conservation Area. Alterations to external finishes can impact on the visual acceptability of a proposal and the introduction of new windows could affect the amenity impacts on neighbours. In this case the approved property is clearly a recent addition to a varied streetscene with a mix of property age and styles. There are existing dwellings in the area comprising a mix of external render and stone cladding and a varied approach to the style and size of front canopies over doorways. The introduction of stone cladding would not be so out of keeping in this area given the existing use of stone and its introduction would not result in any adverse visual harm,. However the installation of a full width canopy would be the first of its kind in terms of its size and style in the street and would require being assessed separately on the visual impact, it’s also not fully clear if the overhang of the canopy would impact access or use of the garage or external car parking space. The dwelling has three windows already approved on the south west gable elevation facing Cronk Road, the proposal is to introduce two further windows here, one at ground floor and another at second floor. The window at ground floor would be at a level lower than the road and would face towards the inside face of the boundary wall and would not adversely affect neighbouring amenity. The smaller window proposed at second floor is to facilitate an internal reconfiguration of the living space. The window is to be obscured and clustered amongst three existing windows, two of which are larger than the proposed window. It is not expected that the proposed window will result in any new privacy or overlooking impacts beyond the existing window arrangement as to significantly| | |---|---|---|---|

| | |harm the amenity of the neighbours on the adjacent side of Cronk Road, also minded that a public highway also runs between the site and dwellings where a degree of views can be achieved. Development must first be carried out in accordance with those plans approved before further changes or alterations can be made, including the additional use of attic space as living accommodation, and only upon completion of a new dwelling and its first living in does the PDO 2012 become actionable. Until such a time all works must be considered as part of the planning process. The PDO allows for a number of works to be undertaken without the need for prior planning approval including installation of roof lights and patio doors (subject to conditions). The velux windows proposed on either side of the roof slope are to facilitate the additional living space being created in the roof. Their installation is not expected to result in any significant harm to adjacent neighbouring living conditions given that views from roof lights are generally outwards and upwards rather than outwards and downwards. The installation of patio doors is not considered to result in any adverse visual or amenity harm beyond the existing fenestration across the rear elevation. Bearing in mind the fallback positions in this case would be Class 25 and Class 28 of the Permitted Development Order subject to conditions and that conversion of the attic space and internal layout changes to the bathroom would not constitute development upon completion of the original approval. The finish of fenestration in grey coloured framing is alsonot considered to adversely impact the overall visual appearance of the property within the residential streetscene. The new window proposed on the north east gable elevation would further facilitate the creation of living space in the attic. Its installation here would introduce a new window on a currently blank| | |---|---|---|---|

| | |elevation that faces towards another property. The installation of any window on this elevation would require full assessment as part of a separate planning application as its impact is on the amenity of the neighbours is unknown.| | |---|---|---|---| |Must 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)|23(1)(d)|The installation of the north east gable window and the extension of the front elevation canopy would introduce two new features and it is unknown whether their installation will have any new or adverse impacts on neighbouring or visual amenity.|No| |Must not be more than minor and to be of a magnitude to warrant a new application|23(1)(e)|The front elevation cladding, the installation of two windows on the Cronk Road south west facing gable facing, the installation of patio doors and the installation of velux windows are considered to be acceptable, however the extension to the front elevation canopy and the installation of a new window on the north east gable are both considered to be more than minor warranting a new separate application.|No| |Must not otherwise fundamentally change the basis on which the grant was originally made.|23(1)(e)|While the proposal is still for a single dwelling, two elements of the proposed minor change application are considered to go beyond the basis on which the grant was originally made and are not considered to be minor.|No| |If it does not do any of the above, it must then be considered – is the application considered acceptable in all other respects?|23(2)|The proposal is considered acceptable in all other respects.|Yes| |Notice of Decision|Notice of Decision|Notice of Decision|Notice of Decision| |Set out whether all, some or no changes are accepted (And which is which)|24(2)(a)|Works considered to be acceptable are: • installation of stone cladding, • installation of two new south west gable elevation windows • installation of patio doors • creation of attic living space • reconfiguration of the internal bathroom • installation of velux windows • installation of grey coloured window frames |Works considered to be acceptable are: • installation of stone cladding, • installation of two new south west gable elevation windows • installation of patio doors • creation of attic living space • reconfiguration of the internal bathroom • installation of velux windows • installation of grey coloured window frames | |For any elements refused, the reasons for that.|24(2)(b)|Works considered to be unacceptable: • extension to the front elevation canopy • installation of a new window on the north east gable elevation The above works are considered to be more than minor warranting a new separate application.|Works considered to be unacceptable: • extension to the front elevation canopy • installation of a new window on the north east gable elevation The above works are considered to be more than minor warranting a new separate application.|

1.0 Supplementary Report - 1.1 It is recognised that comments have been received in respect of the application, these can be viewed online in full but are summarised as follows and highlight concern for:

• Increased size of property beyond 16/00681/B
• Positioning of property different to 16/00681/B
• Increased height of property
• Additional windows in gables
• Increased internal bedroom space

1.2 Concern is raised for the cumulative negative impact as a result of the above changes on the neighbouring properties and increased overlooking on Victoria Road properties. The increased heights of the recent developments at the top of Gellings Avenue also cumulatively create an overbearing impact on the surrounding properties. - 1.3 The submitted site plan also includes the top section of the lane which is not in their ownership and the whole of the lane is shared access for Victoria road residents only. It also appears that a gate has been added giving access into the rear lane. While ownership of the lane is a civil matter this should not be claimed as private amenity space to justify an increase to the size of the dwelling. - 1.4 The application references parent approval 16/00681/B. The minor changes sought by the applicant as referenced in the application form and supporting information have been analysed and judged against the parent approval with no changes being sought or made to the width, length, height or positioning within the site compared with the drawings of the parent approval. - 1.5 The internal garage space is protected by Condition 4 of 16/00681/B. - 1.6 The window changes proposed and increased internal living space have been considered as part of the minor change application and have been assessed accordingly in the table above. - 1.7 The proposal has been considered and assessed based on the documents submitted for it and judged against the parent approval only. Should there be any concerns that works on site have not been undertaken in accordance with any approved plans these matters should be raised with planning enforcement by submitting a request to investigate and following the formal process. - 1.8 While the comments received as part of a Minor Change Application have been considered, there is no consideration or assessment of party status as this is a Minor Change application.

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 : Review Split Decision Date : 21.07.20 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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DEC Officer Report

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