DEC Officer Report
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No.: 23/01336/MCH Applicant: Mrs Jaya Martin Proposal: Minor Changes Application to PA23/00040/B - Proposed Rear Extension: Alteration of the proposed plan to reduce the proposed developed area. Site Address: 18 Erin Lane Port Erin Isle Of Man IM9 6FE Planning Officer: Mr Peiran Shen Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 03.01.2024 _________________________________________________________________ R : Reasons for Refusal O : Notes attached to reasons Reasons for Refusal R 1. The proposed changes lead to a different rear extension design compared to the existing approval and should be assessed under a new application.
_______________________________________________________________ Interested Person Status – Additional Persons
Not applicable _____________________________________________________________________________
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 23/00040/B
- 21(2)(a) The Minor Change Application relates to the grant of planning approval in respect of a building
- - PASS - Demolition of existing conservatory and construction of a bedroom annex extension at the rear of the property
- 21(2)(b) The application specifies what minor changes are being sought
- - PASS - Alteration of the proposed plan to reduce the proposed developed area and a new double door on the southwest elevation of the main dwelling
- 21(2)(b) The application specifies why the applicant considers the minor changes to be of a minor nature
- PASS - set out in the cover 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
- 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 20th March 2023
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 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 not necessary in this case
- 22(3)(b) Provision of other documents specified on form but not in Schedule 1
- - PASS - Existing and Plans and Elevations, Existing Block Plan,
- - PASS - Dealt with at submission
- 22(6) Such further info as Department may request prior to determination (has anything further been requested and provided?
DETERMINATION
- 23(1)(a) The Minor Change does not significantly increase the size or scale of the development in question
- - PASS - reduced in size and scale
- 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)
- Fail - While the maximum height of the proposal remains unchanged, the change in size and position requires new assessment of the overshadowing impact on neighbouring property
- 23(1)(e) The Minor Change is not more than minor and is not of a magnitude to warrant a new application
- - Fail - While both being rear extension, the appearance of the revised extension is completely different from the approved extension. Given the original approval was just for a rear extension, it's considered the changes has goes beyond what can be approved under a minor change application. The addition of a door on the main dwelling is also not a part of the original approval.
- 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?
NOTICE OF DECISION 24(2)(a) Set out whether all or some of the changes are accepted
- N/A
- 24(2)(b) Set out whether any elements are refused, the reasons for that.
- All changes are refused. The proposed changes lead to a different rear extension design compared to the existing approval. Therefore, the proposal is considered to need to be assessed under a new 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 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 : 05.01.2024 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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