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20/00906/B Page 1 of 11
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 20/00906/B Applicant : Zipaddress Ltd Proposal Removal of condition four of PA 19/01449/C, Change of use to include use classes 2, 3, 4, 5 (excluding light industrial), and 6, concerning the users of the site, number of activities which can take place and the number of days the site can be used. Site Address Mountain View Innovation Centre Jurby Road Ramsey Isle Of Man IM7 2DZ
Case Officer :
Mr Chris Balmer Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 22.10.2020
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. For the avoidance of doubt approval is hereby given only for the following additional uses (as set out in the Town and Country Planning (Permitted Development) Order 2012 - or equivalent classes of any order which replaces it):
Main Film Studio Building - Research & Development excluding light industrial (Use Class 5);
Building referred as "Babbages" (Ground Floor) - Food and Drink (Use Class 3) - canteen open to members of the public, financial and professional services (Use Class 2) and offices (Use Class 4);
"Babbages" (First Floor) - Financial and professional services (Use Class 2) and offices (Use Class 4); and
Existing two storey office block with attached small sound stage/workshop - Financial and professional services (Use Class 2), Offices (Use Class 4), Research & Development excluding light industrial (Use Class 5), and Storage or distribution (Use Class 6).
Reason: The application has been judged and considered acceptable on the basis of the above proposed uses only.
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C 3. No visitors/customers shall remain in the existing Film Workshop Building, the Film Studio building and the "Babbages" building outside the following hours 0730hrs till 0000hrs. These times do not apply if the existing buildings are being used for the purposes of the making and/or production of films.
Reason: In the interests of the residential amenity of the area.
This application has been recommended for approval for the following reason. It is considered the application is finely balanced; however, for the reasons indicated the proposal would not have any significant impacts upon public or private amenities to warrant a refusal and therefore comply with the relevant planning policies referred to within the IOMSP.
Plans/Drawings/Information;
The development hereby permitted shall not be carried out except in full accordance with the submitted documents and the following plans 1, 2, 3, 4, 5, 6, 7 & 8 all received on 10th August 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):
The Owners/Occupier of Baldromma Farm Bungalow 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 REFERRED TO THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.0 THE SITE 1.1 The site is an area of just over 11 acres situated between the A13 Jurby Road and the Sulby River. Access to the site is from the Jurby Road via a lane 260m long, from the A13 to the west of a property called Baldromma and curving round to the east close to another property, Baldromma Farm Bungalow which has been part of the film studio application site in previous applications but in this case is shown as having been sold in one of the accompanying drawings.
1.2 The site accommodates four buildings, all large scale structures, the office/film workshop which is at the northern end of the site which is 31m by 21m and is two storey, the ground floor is mainly open with small offices around the outer part: the first floor is all open plan offices. This provides a total of 1300 sq m of floor area. To the south of this is a building which is attached to the main film studio which is further south. This building is 24m by 28m (672 sq m) and single storey but contains a variety of inner buildings and rooms, a sub-station and changing room/canteen unit. The main film studio has a footprint of 25m by 43m (1075 sq m). There are areas of hardstanding around the buildings which are used for parking. There is also a small detached building alongside the bungalow which provides a further 59 sq m of floor area.
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1.3 Under a previous application (14/01257/B) this allowed the original film studio buildings to be used for additional uses(retaining ability to make films) such as; Civic and Community Halls, Exhibition Halls, Conferences and Training Centres. The application also allowed other buildings in the site to be uses for commercial offices, which included the use of the existing canteen to be used to serve employees at the site. Since the PA 14/01257/B, there was an additional application to change the use of a sound recording studio to a children's day nursery (18/00206/C).
1.4 The buildings, mainly the principal film studio building, are visible from the southern side of the Sulby River, distant views being from the Lezayre Road and from the northern end of the Garey Road which links Churchtown with the Jurby Road. However, the current applicants have undertaken a significant planting scheme (tree planting also) in the last few years; along the main access to the site, along the roadside boundary (Jurby Road) and additional planting throughout the site. In time this planting will likely reduce the appearance of the buildings, especially form the Jurby Road.
1.5 Since the approval of PA 14/01257/B, a further application (19/00122/B) was approved for the improvement of the access onto the Jurby Road, by way of increasing visibility splays. Additionally, the speed limit along this section of the Jurby Road has been reduced from being derestricted to 40mph. Furthermore PA 19/01449/C was approved for the Change of use to include use classes 2, 3, 4, 5 and 6 (Class 2 Financial and professional services; Class 3 Food and drink; Class 4 Offices; Class 5 Research and development, (excluding light industry); and Class 6 Storage or distribution) for the buildings within the site. This approval also extended the opening hours from 7.30am till midnight.
2.0 PLANNING POLICY 2.1 The site lies within an area of "white land" on the Town and Country Planning (Development Plan) Order 1982 that is, not designated for development.
2.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains a number of policies which are considered materially relevant to the assessment of this dwelling:
2.3 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."
2.4 General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry;
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(g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."
2.5 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
2.6 Environment Policy 22 states: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution."
2.7 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
2.8 Business Policy 1 states: "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan."
3.0 THE PROPOSAL 3.1 The application seeks approval for removal of condition four of PA 19/01449/C, Change of use to include use classes 2, 3, 4, 5 (excluding light industrial), and 6, concerning the users of the site, number of activities which can take place and the number of days the site can be used.
3.2 Currently this condition reads: "The approval hereby given only allows for the existing Film Studio Workshop, Sound Stage Building and the "Babbages" building being occupied/operated for the users as Civic and Community Halls, Exhibition Halls, Conferences and Training Centres for more than 8 days per month with a maximum duration of 5 consecutive days in a month for one event. Furthermore, only one activity may take place within these buildings at any one time, unless the activities are associated with each other. These periods of use do not apply if the existing buildings are being used for the purposes of the making and/or production of films.
These restriction does not apply for the Use Class 3 (i.e. cafe) of the Town and Country (Permitted Development Order) 2012 (or the equivalent class in any order which replaces it) within the "Babbages" building which will operate as a café open to members of the public. The uses of this section of the building would not account as an "event". However, if it is used for the purposes of Civic and Community Halls, Exhibition Halls, Conferences and Training Centres then the first paragraph of Condition 4 above would apply.
Reason: In the interests of the residential amenity of the area"
3.3 The applicants in support of their application comment that the; "...restriction no longer seem to appear necessary or reasonable in the context application 19/01449/C was granted, as it only serves to restrict community use, which was the main motivation for amending their planning notice." They comment that due to the significant decline in the film industrial (total of 5 films in 14 years) they must consider how to make the site viable and be able to generate
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income to maintain it. They indicate that most of their bookings are for the community use for between 1 to 2 hours e.g. Ramsey Netball Club, Ramsey Dog Club, Manx Model Flyers Club so they suggest that it is not inconceivable that they may wish to use the building on the same night. This would mean they could potentially reach the monthly limit in the space of a few days meaning the building and site would remain empty and unused for the remainder of the month. The applicants suggest that revenue generated from these types of community and private hire bookings is low in comparison and so in order to make it viable, we need to encourage a high volume of this type of booking.
3.4 In support of their application the applicants comment that the condition also restricts only one use at a time and that the site being within 25 acres and housing several venue spaces, the capacity of the car parking and the available infrastructure they struggle to understand why this restriction would still be required, especially when the Studio building has a capacity to 1300 people for any single event, why for example, 180 people in our Babbage's venue and 50 people in the Studio as 2 separate they do not see why this would cause a concern.
3.5 The applicants overarching intention is to see the venues utilised and benefit the local community as a venue resource in the North of the Island. They comment they are set back for the highway and having limited residential properties at our 25 acre boundaries, it is the ideal space for community groups, private houses and church groups to meet in attractive and safe surroundings whilst causing no impact on town centre parking or resources.
3.6 The following buildings use are currently controlled by Condition 4. Approval of this currently application would therefore affect the following buildings and their uses would become unrestricted in terms of usage:
3.7 Main Film Studio Building Current Uses - Research & Development, Sound Stage, Community, exhibition conference, events, meeting area and training centre. With the exception of the sound stage (filming), the remaining uses are condition to be at certain hours of the day and limits the days throughout the year such uses can occur (please see history section of this report to see conditions listed).
3.8 Building referred as "Babbages" which is to the north and attached to the main film studio building. Current Uses - At ground floor level - food and drink (café open to public), financial and professional services, offices, community, exhibition, conference, events, meeting area and training centre. Further small individual offices (current leased to small individual business) and the café/kitchen area (former canteen) which currently only serves employees on-site. At first floor level there are financial and professional services and offices, two rooms, one used as the original hair, make up and laundry and the second used as a conference, meeting area and training room.
3.9 Small sound stage/workshop. Current Uses - The small sound stage/workshop building which is an open plan single floored building which can be used as a sound stage/workshop, but also as an exhibition, events, meeting, training room, financial and professional services, office, Research & Development, and Storage or distribution.
4.0 PLANNING HISTORY 4.1 There are a number of previous planning applications associated with this site; however, only the following are considered relevant in the determination of this application:
4.2 Change of use to include use classes 2, 3, 4, 5 (excluding light industrial), and 6 - 19/01449/C - APPROVED including Condition 4 which is not proposed to be removed.
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4.32 Alterations to existing sod bank to improve vehicular access visibility - 19/00122/B - APPROVED
4.4 Change of use of a sound recording studio to a childrens day nursery - 18/00206/C - APPROVED
4.5 Additional use of Film and Animation Studio and ancillary facilities as commercial offices for Technology Companies, and as Civic and Community Halls, Exhibition Halls, Conferences and Training Centres and upgrade of existing private road. - 14/01257/B - APPROVED subject to the following 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. Within two months of the date of this decision a soft landscaping scheme is required to be submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works shall include planting to the south and west of the existing main film studio building. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the occupation of the buildings. Any trees or plants which within a period of five years from the occupation of the buildings die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Reason: To ensure the provision of an appropriate landscape setting to the development.
C 3. Within three months of the date of this decision the existing road, car park and hardstanding areas are required to be finished with either a Bitumen Macadam or Asphalt surface or similar as shown in the drawing within Appendix 6 and retained thereafter.
Reason: To improve the residential amenities of nearby properties and improve the visual amenities of the landscape.
C 4. The approval hereby given allows the existing Film Studio Workshop and Sound Stage Building (including the canteen building) currently used for the making and production of films to also be used for the following additional uses only:
Civic and Community Halls, Exhibition Halls, Conferences and Training Centres
Reason: In the interests of the residential amenity of the area.
C 5. No visitors/customers shall remain in the existing Film Workshop Building or the Film Studio building (including the canteen building) outside the following hours 0900hrs till 2230hrs. These times do not apply if the existing buildings are being used for the purposes of the making and/or production of films.
Reason: In the interests of the residential amenity of the area.
C 6. The approval hereby given only allows for the existing Film Studio Workshop and Sound Stage Building (including the canteen building) being occupied/operated for the additional uses listed in condition 4 for more than 8 days per month with a maximum duration of 5 consecutive days in a month for one event. Furthermore, only one activity may take place within these buildings at any one time, unless the activities are associated with each other. These periods of
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use do not apply if the existing buildings are being used for the purposes of the making and/or production of films.
Reason: In the interests of the residential amenity of the area."
4.6 PA 11/01061/C - Change of use of existing film studios to warehousing/light industrial - Refused 20th September 2011,
4.7 PA 02/02070/B - Amendments to previously approved film studio complex including car parking provisions, access drive, landscaping details and the siting of workshop and offices Status - Approved at Appeal 29th July 2004
4.8 PA 00/02206/B - Erection of film studio, workshops, toilet block and MEA substation - APPROVED
4.9 PA 99/01402/B - Erection of portal frame building to replace existing unit to be used for film purposes, Baldromma, Jurby Road, Lezayre - APPROVED
4.10 PA 97/01102/C - Change of use of two barns for film animation studio and associated workshops, Baldromma Farm, Jurby Road, Lezayre - APPROVED
4.11 PA 97/02051/B - Erection of sound recording studio at Baldromma Farm, Jurby Road, Lezayre - APPROVED
4.12 PA 97/02053/A - Approval in principle for erection of building for film studio, Baldromma Farm, Jurby Road, Lezayre - APPROVED
4.13 PA 98/01151/B - Construction of portal frame building for use as film studio and upgrading of existing buildings for ancillary use, Baldromma Farm, Jurby Road, Lezayre - REFUSED
4.14 PA 98/01606/B - Construction of portal frame building for use as film studio and upgrading of existing buildings for ancillary use, Baldromma Farm, Jurby Road, Lezayre - APPROVED
5.0 REPRESENTATIONS 5.1 Lezayre Parish Commissioners have no objection (11.09.2020). recommended an approval (30.01.2020). 5.2 Highway Services do not object (28.08.2020).
5.3 The Owners/Occupier of Baldromma Farm Bungalow and land adjacent to Mountain View Innovation Centre have objected to the application which can be summarised as (02.09.2020): Concern of yet another planning application for more extensions; ordinal approval was only permitted as a Film Studio as the Film Industry was booming at the time and the Island took advantage; since acquiring the site in 2014 the applicants have constantly had change of use of the said area to accommodate their own businesses, while stating they are committed to any Film production wishing to use their site and would give precedence over any other events, in reality how would that work (a wedding or sizeable event could potentially book the large film studio at least 12 months ahead, would they just cancel the event if a film company wanted to hire the site?); and there has been no change to the residential amenities in the vicinity therefore the restrictive conditions as outlined in 14/01257/B should remain valid; and they comment that they are a major contributor to the North but as they have relocated to a site outside Ramsey and their staff are totally catered for within the complex they have no real need to come back into Ramsey, not particularly conducive to the economy of the town.
6.0 ASSESSMENT
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6.1 It is considered there are a number of key issues which need to be considered when determining the application, these include; potential impacts of neighbouring amenities; and potential highway safety issues.
Potential impact upon neighbouring amenities 6.2 The applicants comment appear to suggest they do not believe the conditions added where reasonable or necessary give the size and uses of building. They do not appear to realise the reasoning for addition the condition was to protect the residential amenities of neighbouring properties. The applicants also should understand the planning permission runs with the land and not with their personal business. Accordingly, in the future different owners may have a different approach. It is possible a condition could be attached which restricts the uses of the building to the applicants company only.
6.3 As they have mention the Main Film Studio can hold up to 1,300 people which if this was used for holding events (approved uses Research & Development, Sound Stage, Community, exhibition conference, events, meeting area and training centre) on a regular basis could have significant impact upon neighbouring amenities.
6.4 The closest neighbour is at Baldromma Farm Bungalow which is northwest of the main film building 14.5m approximately. It is noted that when the Film Studio was granted permission originally it would appear this property was conditioned to be used for purposes that are ancillary to the use of the site as a film studio complex, presumably given its proximity. However, in the past it appears it was sold off, potentially at the buyers own risk of what could occur at the application site. It is noted the boundaries of this property comprises of timber fence line and render walling. It appears they share an access with the overall site. Again a reason for refusal of application 11/01061/C (Change of use of existing film studios to warehousing/light industrial) was due to concerns of introducing a substantial new industrial use to the site, which is immediately adjacent to Baldromma Farm Bungalow, given the increased level of traffic, the likelihood of heavier and larger vehicles and an increased level of activity. However, the current uses on the site would not likely introduce heavier and larger vehicles i.e. HGV's which were a previous concern.
6.5 Additional residential properties potentially affect would be those located to the northeast of the main entrance of the site Baldromma Beg, Fairfield & Newlyn along the Jurby Road. These would unlikely be affected by the uses taking place in the buildings (given distance away and buildings are insulated), but would be affected by traffic coming and going from the site.
6.6 For all neighbouring amenities, clearly, if all the buildings and their respective uses where used to capacity and on every day, there would likely be significant concern. Arguably, the greatest impact is the use of the main film building as an events venue (i.e. a wedding/corporate events of up to 1,300 people) which could go late into the night and then persons leaving. The previous application still restricts the hours (7.30am till midnight) and this current application does no propose to change this. Again, the likelihood of 1,300 at the venue is arguably unlikely on a regular occurrence. This could occur at the moment under the current approval. Furthermore, it is noted the actually lack of objection from neighbouring residents. While the owners of the closest property have objected, these objects do not mention the impacts the current uses have on their property. Only that; "There has been no change to the residential amenities in the vicinity...therefore the restrictive conditions should remain valid."
6.7 Overall, the application is very finely balanced. It is considered the applicants have the best of intentions and it is considered the majority of the uses that currently use the building on site, would unlikely cause a concern if the current application is approved. There is the potential for greater impact given the ease of the restrictions; however, it is judged that while some events may cause greater impacts, namely given the number of people, it is unlikely that
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the building would ever reach its capacity on a regular basis to cause a significant impact upon neighbouring amenities.
6.8 Should Members have concerns they can either refused the application or perhaps consider a condition which still retains some restrictions of use on the buildings, perhaps the use of the Main Film Building (given its size).
Potential highway safety issues 6.9 Since the original approval, the access to the site onto the main road have been improved to give a greater level of visibility. Further the speed levels have been reduced from derestricted to 40 or 50mph.
6.10 Highway Services have considered the proposed application and have raise no objection.
6.11 Parking provision is provided via existing hardstanding (recently been improved with the laying of tarmac) throughout the site, generally around the buildings. There is space around the site, if additional parking was needed.
6.12 Overall, it is considered the proposals would be acceptable to highway safety to all road users.
7.0 RECOMMENDATION 7.1 Overall, it is considered the application is finely balanced; however, for the reasons indicated the proposal would not have any significant impacts upon public or private amenities to warrant a refusal and therefore comply with the relevant planning policies referred to within the IOMSP. It is recommended for an approval.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
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 above 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:...02.11.2020
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Signed :...C BALMER... 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
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
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PLANNING COMMITTEE DECISION 02.11.2020
Application No. : 20/00906/B Applicant :
Zipaddress Ltd Proposal :
Removal of condition four of PA 19/01449/C, Change of use to include use classes 2, 3, 4, 5 (excluding light industrial), and 6, concerning the users of the site, number of activities which can take place and the number of days the site can be used.
Site Address : Mountain View Innovation Centre Jurby Road Ramsey Isle Of Man IM7 2DZ
Principal Planner : Mr Chris Balmer
Presenting Officer As above
Addendum to the Officer’s Report
The Planning Committee approved the application, which included the amendment of Condition 2 (Use Class numbers) to read as:
C 2. For the avoidance of doubt approval is hereby given only for the following additional uses (as set out in the Town and Country Planning (Use Classes) Order 2019 - or equivalent classes of any order which replaces it):
Main Film Studio Building - Research & Development excluding light industrial (Use Class 2.2);
Building referred as "Babbages" (Ground Floor) - Food and Drink (Use Class 1.3) - canteen open to members of the public, financial and professional services (Use Class 1.2) and offices (Use Class 2.1);
"Babbages" (First Floor) - Financial and professional services (Use Class 1.2) and offices (Use Class 2.1); and
Existing two storey office block with attached small sound stage/workshop - Financial and professional services (Use Class 1.2), Offices (Use Class 2.1), Research & Development excluding light industrial (Use Class 2.2), and Storage or distribution (Use Class 2.4).
Reason: The application has been judged and considered acceptable on the basis of the above proposed uses only.
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