Officer Report
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No.: 25/90054/MCH Applicant: Onchan District Commissioners Proposal: Minor Change to 21/00134/B - amendments to wall finishes and alteration to gutter line Site Address: Elm Tree House Main Road Onchan Isle Of Man IM3 1AN Planning Assistant: Charlotte Gatt Recommended Decision: Refused Date of Recommendation: 04.02.2025 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons R 1. The following changes are REFUSED: o The changes from cladding to smooth white render and raising of the eaves level. The proposed works are considered more than minor and would warrant a full application due to the consultation needed for the various proposed aspects and the effect they would have on the original application's conditions.
___________________________________________________________________ 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) At least one of the following applies:
- - this is the only minor changes application that has been made in respect of any particular grant of planning approval;
- - any previous minor changes application has been either refused or withdrawn;
- - the minor changes application seeks approval only for the installation of low carbon technology; or
- - all previous minor changes applications have related solely to the installation of a low carbon technology.
- - PASS - relates to 21/00134/B for Replacement of existing windows and doors, cladding to front and side elevations, rendering works to rear and side elevations.
- 2. Low Carbon Technology and Permitted Development
- 21(3) The application relate to the approval of low carbon technology and would it be Permitted Development if the building which it is to serve were substantially complete (if this test is passed, ignore section 3).
- N/A
- 3. Limitations on when a Minor Change Application may be made
- 21(2)(a) The Minor Change Application relates to the grant of planning approval in respect of a building
- - PASS - relates to alterations to a commercial building.
- 21(2)(b) The application specifies what minor changes are being sought
- - PASS - changes being applied for are "removal of the proposed render finish and maintain the existing brick finish, whilst replacing the proposed timber cladding with a render finish within the same approved area."
- 21(2)(b) The application specifies why the applicant considers the minor changes to be of a minor nature
- Fail - Reason it is to be considered minor isn't actually specified. The works that are proposed are, but not the reasons why this would have been 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 where this would increase the total floor plan by more than 5% or result in any part of the development being located closer to the curtilage of an adjacent dwelling.
- - PASS - No increase beyond threshold
- 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
- FAIL - The changes proposed would be contrary to condition 2 of PA 21/00134/B which requires samples of the timber cladding that is proposed in the original application, to be provided and approved by the Department prior to the commencement of the development.
- 21(2)(d)The Minor Change Application has not been made where the parent approval is less than 21 days old, subject to an undetermined appeal or has expired
- PASS - original application approved 07.04.2021
APPLICATION CONTENT
- 22(3)(a) Application Form
- 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 IF relevant, drawings of the proposed minor changes with buildings and structures amended to indicate the changes
- o Flood risk assessment 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 - No increase in size or scale of development.
- 23(1)(b) The Minor Change does not significantly change the nature of the development in question
- - FAIL - A large part of the original approval focusses on the cladding and how it would be sympathetic to the property and the street scene. The change from the original facing brick to the white full render finish would need a full new assessment. The eaves level is also proposed to be raised, exposing a larger section on the windows on the South-East facing elevation.
- 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
- 23(1)(d) The Minor Change does not result in new or increased adverse impacts on adjoining or neighbouring properties or highway safety or having a significant or disproportionate impact on the environment (irrespective of whether such impacts might be outweighed by other considerations) PASS - There are no new or increased adverse impacts on neighbouring properties or highways safety.
- 23(1)(e) The Minor Change is not more than minor and is not of a magnitude to warrant a new application
- FAIL - This amendment would not be considered a minor change.
- 23(1)(f)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 - Not acceptable as a minor change. NOTICE OF DECISION
- 24(2)(a) Set out whether all or some of the changes are accepted
- - The proposed changes are not 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, and/or rights to appeal.
Decision Made : Refused Date : 04.02.2025 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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