DEC Officer Report
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No.: 23/01351/MCH Applicant: Core Building And Renovation Ltd Proposal: Replace the existing shopfront with a new Aluminum glazed system Site Address: 8 Prospect Terrace Woodbourne Road Douglas Isle Of Man IM1 3AL Planning Officer: Mr Peiran Shen Recommended Decision: Refused Date of Recommendation: 05.01.2024 _________________________________________________________________ R : Reasons for Refusal O : Notes attached to reasons Reasons for Refusal R 1. The proposed change were not included as part of the approved development and therefore the proposal should be dealt with in 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- 23/00464/B
- 21(2)(a) The Minor Change Application relates to the grant of planning approval in respect of a building
- - Fail - The approved description says: "Subdivision of existing single flat to 2 no. flats including erection of rear access staircase and replacement rear extension. Installation of replacement windows and resiting of shopfront door". The proposal is to replace the entire shop front where the approval was only for the replacing and relocating of existing openings on the shopfront.
- 21(2)(b) The application specifies what minor changes are being sought
- - Fail - not applicable as failing 21(2)(a)
- 21(2)(b) The application specifies why the applicant considers the minor changes to be of a minor nature
- Fail - not applicable as failing 21(2)(a)
- 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 24th October 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 Plans and Elevations
- - 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 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 since the size of the shopfront as a whole does not change.
- 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 having a significant or disproportionate impact on the environment (irrespective of whether such impacts might be outweighed by other considerations)
- 23(1)(e) The Minor Change is not more than minor and is not of a magnitude to warrant a new application
- 23(1)(e)The Minor Change does not otherwise fundamentally change the basis on which the grant was originally made.
- 23(2) If it does not do any of the above, must then be considered. - is the application considered acceptable?
- - Not applicable 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. Changing the proportion of the existing shopfront should be assessed by a new application.
I can confirm that this decision has been made by the Acting 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 : 08.01.2024 Determining officer
Signed : A MORGAN Abigail Morgan Acting Head of Development Management
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