DEC Officer Report
Application No.: 22/01356/MCH Applicant: Mr Graham Anstey Proposal: Minor change application to PA 22/00795/B to include a flue and roof mounted solar panels to approved double storey rear extension Site Address: 85 Cronk Grianagh Estate Douglas Isle Of Man IM4 4RR Enforcement/Planning Assistant: Ms Charlotte Gatt Expected Decision Level: Officer Delegation Recommended Decision: Split Decision Date of Recommendation: 07.11.2022
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
- N . This decision relates to all of the minor changes proposed to 22/00795/B relating to the erection of a rear and side extension on 85 Cronk Grianagh Estate, Douglas, IM4 4RR.
This approval only relates to the following (all shown and described in the information received on 31.10.2022):
- o the installation of solar PV panels to the roof For the avoidance of doubt no approval is hereby given for:
- o installation of the metal flue for woodburning stove Plans/Drawings/Information;
Reasons for Refusal R : Reasons for Refusal
- O : Notes attached to reasons
R .
The application fails to explain why the applicant considers the minor changes to be of a minor nature contrary to 22(2)b of the Order 2019. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ 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 22/00795/B
- 21(2)(a) The Minor Change Application relates to the grant of planning approval in respect of a building
- - PASS - relates to involving alterations to approved two story rear extension and side extension.
- 21(2)(b) The application specifies what minor changes are being sought
- - PASS - the changes are:
- o Item 1- the installation of roof mounted solar pv panels to the 'right elevation'. (Southern Elevation)
- o Item 2 - the installation of a 'metal flue for wood burning stove'
- 21(2)(b) The application specifies why the applicant considers the minor changes to be of a minor nature
- FAIL - Applicants have not stated why they consider these changes to be of a minor nature.
- 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 21.09.2022 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.
- o Item 1- No concerns with the installation of the roof mounted solar pv panels. These proposed works could be undertaken under the Town and Country Planning (Permitted Development Order) under CLASS 29: Class 29 Solar Panels (Roof mounted) The installation, alteration, or replacement of solar photovoltaic or solar thermal equipment on the roof of a dwellinghouse or the roof of a building situated within a curtilage of a dwellinghouse. Conditions: No solar photovoltaic or solar thermal equipment may —
- (a) extend more than 200mm beyond the plane of the roof slope; or
- (b) be higher than the highest part of the roof excluding any chimney.
- o Item 2 - The flue could be considered to change the size/scale of the development although not significantly.
- 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
- 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)
- - Partial Pass - The proposed roof mounted solar panels have no new or increased impacts compared with the parent approval. The flue has an increased impact on the neighbouring properties and needs to be assess on its own full application.
- 23(1)(e) The Minor Change is not more than minor and is not of a magnitude to warrant a new application
- - Partial PASS - The proposed roof mounted solar panels are considered minor. The proposed installation of the flue is not 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?
- - PASS - Partially acceptable NOTICE OF DECISION
- 24(2)(a) Set out whether all or some of the changes are accepted
- The proposed roof mounted pv solar panels are accepted
- 24(2)(b) Set out whether any elements are refused, the reasons for that.
- - The proposed installation of the flue, it's possible impact on neighbouring properties are not considered minor and need to be assessed by a full planning application.
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 : Split Decision Date: 16.11.2022 Determining officer
Signed : C BALMER Chris Balmer Principal Planner
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