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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/00989/B Applicant : Wren Homes (IOM) Limited Proposal : Erection of a detached dwelling and alteration to existing vehicular access Site Address : Land To West Of Old School House Main Road Sulby Isle Of Man
Principal Planner: Mr Chris Balmer Photo Taken : 24.09.2019 Site Visit : 24.09.2019 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 29.06.2020 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2. No works shall commence until full details of the proposed external windows and doors, have been submitted to and approved in writing by the Department. The works shall not be carried out unless in accordance with the approved details and retained thereafter.
Reason: In the interests of the character and appearance of the site and surrounding area.
C 3. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
C 4. Prior to any work commencing on site the visibility splays as shown on drawing 1512.5 are required to be provided and thereafter kept permanently clear of any obstruction exceeding 1.05m in height, within the applicants ownership, above adjoining carriageway level.
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Reason: In the interests of highway safety.
C 5. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, cedar cladding and details of the colour and texture of the render, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.
Reason: In the interests of the character and appearance of the site and surrounding area.
C 6. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area.
C 7. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no garages or other free standing buildings shall be erected within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area.
C 8. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of any dwelling house forward of any wall of that dwelling house which fronts onto a highway, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area
C 9. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no garden sheds or summerhouses shall be erected or placed within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area
C 10. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no greenhouses or polytunnels shall be erected or placed within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area.
C 11. No development shall commence until details of the "re-aligned boundary wall" giving details on the finish, construction and height of wall have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details and retained thereafter.
Reason: In the interests of the character and appearance of the site and surrounding area.
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C 12. No development shall commence until details of the lowered front boundary wall have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details and retained thereafter.
Reason: In the interests of the character and appearance of the site and surrounding area.
C 13. No development shall commence until details which included the inclusion of yellow brick surrounds to the front elevation windows and at eves level detail to front gable end fronting projecting have all been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details and retained thereafter.
Reason: In the interests of the character and appearance of the dwelling and surrounding area.
This application has been recommended for approval for the following reason. It is considered the proposed dwelling would be acceptable and would not have any significant adverse impacts upon public or private amenities and therefore considered to comply with Strategic Policy 1, Strategic Policy 2, Spatial Policy 4, Strategic Policy 4 and General Policy 2 of the Isle of Man Strategic Plan and the Sulby Local Plan.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawings reference numbers 1512.1, 1512.2 received on 5th September 2019 and 1512.5 received on 2nd June 2020.
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Interested Person Status - Additional Persons
It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Reayrt-Ny-Curragh, 9 Kella Close, Sulby as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy; are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy; as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
Officer’s Report
THIS APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE GIVEN AN OBJECTION FROM THE LOCAL AUTHORITY BUT RECOMMENDED FOR AN APPROVAL
1.0 SITE 1.1 The application site represents land to the west of the Sulby Old School, now a single dwelling, which appears to be currently used as part of the garden of the Old Sulby School. The site is located to the southern side of the Main Road and east of Sulby School.
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1.2 The site is accessed via a vehicular entrance and driveway which runs between the properties of the Sulby Old School and St Stephens Church & Hall. Both properties are Registered Buildings (Nrs 170 & 171). The driveway runs to the rear of the properties where an area of existing hardstanding can be found. These are currently used for parking spaces, although they appear to originally been used as the playground for the Sulby Old School. A single storey outbuilding (toilet block) and a modern detached double garage with attached lean to store can also be found. The existing entrance, driveway, areas of hardstanding, outbuilding and double garage are all within the ownership of the applicant, who also lives at the dwelling Sulby Old School.
1.3 The application site once accommodated the Old School House, which has been demolished a number of years ago. It is understood the house was for the former school master. However, from a photograph and historical mapping of the site; it can be ascertained that the dwelling was a two storey Manx Vernacular property with three upper windows over a central doorway which was flanked by single windows either side. The dwelling did include a central projecting two storey gable end feature which included the central door way and the central first floor window. The front was finished in Manx stone with reddish brick detailing. The two storey gable end facing the Old Sulby School appears to be finished in render, although it is unknown whether this was original. No finishing details to the other gable end facing towards the new Sulby School or the rear elevation are known.
1.4 In terms of the size and shape of the footprint of the former Old School House, taking reference from the historical mapping, the property had a 'L-shape' footprint it and it appears the property had an overall width of approximately 11.5 metres, and an approximate maximum depth of 14 metres (main dwelling house 6.5m) which included the rear extensions/outlets to the main dwelling house.
1.5 Currently the remains of the old pedestrian and narrow vehicle accesses onto the Main Road serving the site, are still in place. The remaining walling and railings which front onto the Main Road, match that of walling and railings of the Sulby Old School.
2.0 PROPOSAL 2.1 The application seeks approval for the erection of a detached dwelling and alteration to existing vehicular access.
2.2 The proposed dwelling would appear as a single storey property with accommodation within its roof space, with a single storey rear outrigger. The dwelling would have a "L- shaped" footprint located centrally to either side boundary and its front elevation set level with the adjacent building the Old Sulby School. A double garage is also shown on the indicative plan and this is located along the eastern boundary of the site, set behind the proposed dwelling and detached from the main dwelling house. Access to the property would be from the existing narrower entrance onto the Main Road, albeit would be widened to improve access. This access would only serve this new property. A new boundary wall is proposed to create clear curtilages between the application site and the existing property Sulby Old School.
2.3 The new welling would be finished traditionally laid Manx stone to the front elevation, while gable elevation finished with a dark coloured smooth render, while the rear single storey outrigger would have a more contemporary approval with larger aspects of windows and finished in a mixture of dark coloured render and vertical cedar boarding. The roofs would be finished in natural dark blue/grey slate to match the adjacent properties.
3.0 PLANNING POLICIES 3.1 In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Sulby Local Plan. The site is not within a Conservation Area. The Sulby Old School and St Stephens Church & Hall are both registered buildings.
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3.2 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application:-
3.3 Strategic Policy 1 states: "Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."
3.4 Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."
3.5 Spatial Policy 4 states: "In the remaining villages development should maintain the existing settlement character and should be of an appropriate scale to meet local needs for housing and limited employment opportunities.
These villages are: o Bride o Glen Maye o Sulby o Dalby o Ballaugh o Ballafesson o Glen Mona o Colby o Baldrine o Ballabeg o Crosby o Newtown o Glen Vine o Strang
Area Plans will define the development boundaries of such settlements so as to maintain their existing character."
3.6 Strategic Policy 4 states: "Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead to unacceptable environmental pollution or disturbance."
3.7 General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality;
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(h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."
4.0 PLANNING HISTORY 4.1 The following previous planning applications are considered relevant in the assessment and determination of this application site:
4.2 Approval in principle for erection of a dwelling addressing siting and means of access - 15/00795/A - APPROVED at appeal.
4.3 Approval in principle for conversion of old school house into dwelling, and erection of dwelling on adjoining plot - 94/00787/A - APPROVED at appeal.
4.4 Approval in principle for erection of dwelling, site adjacent to former school masters house - 93/01126/A - REFUSED
The following planning applications relates to the adjacent property Old Sulby School:
4.5 Erection of a detached dwelling - Land To East Of Old School House - 19/00087/B - APPROVED
4.6 Reserved Matters application for the erection of a detached dwelling (relating to PA 15/00794/A) - 18/00532/REM - REFUSED
4.7 Registered Building Application (RB 171) for demolition of existing garage and outbuildings, erection of new garage and garden walls (in connection with application 17/00072/GB) - 17/00073/CON & 17/00072/GB - APPROVED
4.8 Approval in principle for change of use from school to private dwelling - 00/01173/GA - APPROVED
5.0 REPRESENTATIONS 5.1 Lezayre Parish Commissioners have objected to the application which can be summarised as (10.10.2019); Consider that this land is no longer zoned for development and is part of the land used and enjoyed by the resident of the Old School House; any dwelling should match the original two storey School Master's House and have a similar roof height as former School, proposal is too modern with velux windows in the roof; proposal is more than a meter shorter than the original school and appears to look like the proposed dwelling behind the Church currently at Appeal (has since been approved) rather than blend with the registered buildings. The applicants have states that the vehicular access to the site is "existing" but this is not an existing access and historically, all applications for this were to be accessed from a joint access; we appreciate the applicants can apply to this access to be reinstated/created, but are of the opinion that the submitted plans do not show sufficient detail for highway approval; and traffic has increased over the last 18 years and careful consideration must be made to granting access onto the TT course.
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5.2 Highway Services initially objected to the application (11.10.2019) due to concerns of visibility splays which were demonstrated. However, following additional plans being submitted Highway Serves no longer object stating (23.06.2020):
"The revisions overcome the highway objection raised on 11 October 2019. Drawing 1512.5 clarifies the access arrangements to show: i. A 3.5m width at the property boundary on removing part of the boundary wall and repositioning the gateway pillar. ii. Gateway pillars reduced to a height of 1.05m to gain lines of sight on exit. iii. Visibility splays on exit of 2.4 x 65m to the left and 2.4 x 55m to the right. iv. Space for turning to allow entry and exit in a forward gear.
The proposed access is understood to be positioned on the site of a previous vehicular entrance, but requires widening to meet current requirements. The proposed visibility splays are less than the current requirements for a 40mph speed limit on primary route of 2.4 x90m, but are in accord with the requirements within a settlement for speeds of below 40mph. On balance, this is satisfactory with risk likely to be lower given the school where a 20mph applies at school entry and exit times.
Additionally, the visibility splays are maximised and are in keeping with those of neighbouring properties. The proposed width is compliant with shared pedestrian and vehicle use and allows for adequate pedestrian to vehicle sight lines. Access would require to be surfaced in a consolidated and bound material. Any gates should open inwards or slide. The works in the highway would require a separate approval under a s109(A) Highway Agreement.
Parking is compliant with space to accommodate at least two parking spaces to meet standards as well as a garage of sufficient dimensions to park a car and cater for the storage of bicycles and other items. The garage should be retained for its stated purpose. An electric vehicle charging point should be provided.
As drawn now, the proposal raises no significant road safety or highway efficiency issues. Accordingly, Highway Services raises no opposition subject to conditions for: a) Access, visibility splays to accord with Drawing: 1512.5 hereby approved. b) Parking and turning to accord with Drawing: 1512.2 hereby approved. c) Gates to open inwards or slide. d) Garage retentions. e) Electric vehicle charging point to be provided.
Additionally for an advisory for the necessity of a S109(A) Highway Agreement under the Highways Act 1986 for to the highway works associated with the access. Recommendation: DNOC"
5.3 The owner/occupier of Reayrt-Ny-Curragh, 9 Kella Close, Sulby (10.10.2019) have objected to the application which can be summarised as; the entire site is of intrinsic value and importance to the village social and historical heritage; as such I consider any additional dwellings or alterations should be entirely in keeping with the existing buildings which are "listed"; the proposed dwelling has there proportions and design features of a modern dormer bungalow with skylights, only concessions being given are stonework on some elevations; a key feature of all the surrounding buildings is a yellow brick window surrounds; and the proposed garage appears in an unusual design having two modern garage doors front and rear and the vehicular access does not appear to have approval.
6.0 ASSESSMENT 6.1 The following Material Planning Issues should be considered: 1. Principle of Residential Development; 2. Potential impact upon the visual amenities of the adjacent Registered Buildings;
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4. Potential impact upon the character and appearance of the street scene; and 3. Highway Issues/Parking provision.
PRINCIPLE OF RESIDENTIAL DEVELOPMENT 6.2 As indicated within the 'Planning Policy' section of this report, the site is designated for residential development; therefore it is considered that the principle of residential development is acceptable. However, this is not an automatic reason to allow the development. Further material planning matters as indicated previously need to be considered, to determine if the principle of a single dwelling on the site is appropriate. It is noted the Commissioners do not believe the land is designated. It is not explained why they believe this, however the extant Sulby Local Plan clearly indicates the land is designated for residential. Furthermore, application 15/00795/A was approved in principle for a single dwelling on this site. It is also consider the proposal complies with Strategic Policy 1 which states that development should make the best use of resources by the use of previously developed land and unused and under-used land and buildings. There have been no policy changes since this time, so it is not considered there are any reasons not to accept the land is designation for residential development.
POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE ADJACENT REGISTERED BUILDINGS 6.3 It should be noted that when The Department gave "Notice of Proposal to Registered a Building" in 1998, it included the description of "St Stephens Church and former School House, together with its curtilage, and shown outlined in red on the attached plan". However the attached plan and the subsequent Registered Building approval (24th April 1998) did not include the curtilage of the site, only the buildings. Therefore, the Registered Building documents only include the buildings themselves and do not include the land around or any parts of the application sites. However, whilst a Registered Building Consent is not required now, or potentially in the future for the proposed developments, it is still important to considered the potential impact upon the Registered Buildings and the character and quality of the setting around them as indicated within paragraphs 6.8 to 6.10 of this report.
6.5 It is key that any dwelling should be in keeping with the character, appearance and finish of the Sulby Old School which is a Registered Building. Strategic Policy 4 seeks that any development should protect or enhance the fabric and setting of Registered Buildings. When the original approval in principle application (15/00795/A) was approved (different applicant) it was envisaged at that stage that the new dwelling would be very similar to the former school masters house. This former dwellings detail are outlined in paragraphs 1.3 and 1.4 of this report. Essentially, it was a traditional two storey Manx farmhouse styled property with Manx stone to front elevation, and render to sides. Yellow brick work surrounded the windows to front elevation. The proposed dwelling has a very similar footprint to the original school masters dwelling. The currently proposal differs, appearing as a single storey building, with similar proportions and former to the adjacent former schoolhouse. Whether this is the correct approach is a subjective opinion. Arguablely replacing the original two storey dwelling on a "like for like" basis could perhaps be less "risky" given that was what was there previously. However, it can be argued that the proposed dwelling has less visual impact and would appear more subordinate to the Old School House, given it isn't as tall (0.8m lower) and appears as a single storey property rather than a two storey dwelling. The width of the dwelling of 10m (Old School House has a width of 21m) and a distance of the new dwelling being 6.8m from the western gable end elevation of the Old School House; again would ensure the dwelling is more subordinate with the former School House (as the neighbouring Church) being the main prominent features in the street scene and this grouping of properties.
6.6 Accordingly, while this would not replicated the original dwelling which was on this site; it is considers this proposal is arguably a betterment in terms of ensuring the existing Registered Buildings character and quality are still the prominent features, while the new dwelling of simpler form and appearance would be of secondary interest. Its used of
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traditional laid Manx stone (including plinth), render to gable elevations (as were original school masters house) natural slate roof and sliding sash windows are all appropriate materials. The roof windows are heritage styled rooflights which are small in size and include vertical glazing bar. This is a common type of rooflights found within traditional residential properties (inc those in Conservation Areas and to Registered Buildings) and are not unacceptable features. Overall, it is considered the proposal would protect the fabric and setting of the neighbouring Registered Buildings.
6.7 Comments have been made that the yellow brink surrounds (windows, door and within front gable ended roof detail) have not been included, which are features on neighbouring properties and were originally included on the former masters house. If it was considered such a feature should be included then a condition could be attached which requires to be submitted which includes should detail.
6.8 Overall, it is considered a dwelling on this site could be designed to take account of the existing registered buildings in the immediate locality; without adversely affecting the character and appearance of these existing buildings.
POTENTIAL IMPACT UPON THE CHARACTER AND APPEARANCE OF THE STREET SCENE 6.9 Comments relating to the impact upon the Registered Building apply also to the visual impact within the street scene. The proposal would be most apparent when immediately passing the site and also when travelling along the Main Road to the west of the site and travelling towards to the site (Sulby School direction) albeit mature trees along the roadside (fronting Sulby School) would reduce its appearance. However, it is not considered the proposal would have an adverse visual impact upon the character and appearance of the street scene.
HIGHWAY ISSUES/PARKING PROVISION 6.10 In terms of parking provision the new dwelling has at least two off road parking spaces and turning facilities within the site to ensure vehicles can enter the site onto the Main Road on a forward gear.
6.11 It should be noted that this application proposes the inclusion of alterations to the existing narrow vehicular access. Following initial comments from Highway Services the applicants provided additional plans to demonstrate the visibility splays of 2.4m x 65m in a western direction (towards Sulby School) and 2.4m x 56m in a easterly direction (towards Sulby Bridge). For information it was acceptable that for the new dwelling to the east of the Form School House (behind St Stephens Church) splays of 2.4m x 54m in both directions. It should be noted that the splays do partially pass over land not owned by the applicants, as the western splay runs over land (Gov land) which fronts the Sulby School. However, the land in questions is also part of the visibility splay for the main school exit onto Main Road. Accordingly, this land does not have any landscaping etc and is kept clear to ensure the visibility for the school is retained. Accordingly, there is a level of mutual visibility splay. Arguably, approval of this proposal would benefit the visibility spays of the school as the applicants will be required to maintain their own splays and keeping the front of their property clear of landscaping etc, which in turn helps person/s when exiting the main access of the school.
6.12 Highway Services have considered the proposal and have raised no objection to the proposal. Therefore given no objection being received it is considered the proposed altered access to serve this new dwelling would be acceptable.
7.0 CONCLUSION 7.1 Overall, it is considered the proposed dwelling would be acceptable and would not have any significant adverse impacts upon public or private amenities and therefore considered to comply with Strategic Policy 1, Strategic Policy 2, Spatial Policy 4, Strategic Policy 4 and
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General Policy 2 of the Isle of Man Strategic Plan and the Sulby Local Plan and therefore recommended for an approval.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status. __
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : ...Permitted... Committee Meeting Date:...13.07.2020
Signed :...S CORLETT... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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