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17/00123/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/00123/B Applicant : Mr Andrew Clague Proposal : Demolition of two existing stone barns and erection of a multi- purpose building for entertainment and leisure activities Site Address : Ballakaighen Farm Whitebridge Road Onchan Isle of Man IM4 6AD
Case Officer : Miss Abigail Morgan Photo Taken : 18.05.2017 Site Visit : 18.05.2017 Expected Decision Level : Planning Committee
Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE OWING TO THE PLANNING HISTORY OF THE SITE.
1.0 THE APPLICATION SITE
1.1 The application site is a parcel of land that includes an access track and a pair of stone barns associated with Ballakaighen Farm, Whitebridge Road, and which sits within the rural part of Onchan. The two barns measure roughly 110sqm and 105sqm. The farm is now primarily in leisure use, and is commonly referred to as 'Laserblast' although there are a number of other activities that take place here. The land edged blue in association with Ballakaighen Farm is significantly larger and includes various other buildings and uses, one of which is a seasonal marquee (2015) and campsite (2016).
1.2 The sixth building, which is also the most recent to be constructed is a temporary marquee which is the southernmost building within the complex. To the immediate north of the farm complex is Field 531402 which is a relatively flat parcel of land and has planning permission to be used as a campsite. The currently application mainly relates to a parcel of land which is to the immediate east of the existing laser/fun barn buildings and the marquee building. The site is initially flat in nature, albeit approximately half the site is sloping and runs downwards towards the MER railway line and King Edward Road.
1.3 The applicant also owns the residential property Ballakaighen House which is directly to the north of the application site.
1.4 Directly opposite the entrance to the site is the residential property known as "Sunnyside".
2.0 PROPOSAL
2.1 Full planning approval is sought for demolition of two stone buildings and their replacement with another building for 'multipurpose entertainment and leisure' use as well as an overflow car park to provide 20 parking spaces. The plans show that it would be a trampoline park with ancillary/associated uses including an equipment store, an entrance lobby and a spectator area and café at a mezzanine level.
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2.2 The new building's footprint would measure 22.7m by 30m (677sqm), with eaves 5m above ground level and the apex of the roof 7.3m above ground level. The proposed mezzanine (café) area would measure apx 135sqm (22.5m x6m), including the preparation area.
2.3 It would be finished in a mixture of materials: smooth render at the lower part of the building, with insulated metal cladding panels timber boarding above in white. The roof would be finished in dark grey insulated profiled metal roof panels, with 24 rooflights in each roof plane.
2.4 The proposed overflow car park, of 20 spaces (same as 2015 approval), as well as the access road to it would be finished in a 'reinforced grass system (Grassguard 180 or similar)'. This would enable grass to grow through what is essentially permeable paving. Some trees are also shown for planting in and around the parking area. The car park would be immediately north of the proposed building with the access road further north again.
2.5 This application is a variation of previous application 15/00812/B. The applicant post issuing of that decision has reviewed commercial leisure activities and feels that a trampoline park would be a more viable option and as such needs a larger building to accommodate this use. Notwithstanding that the proposal building is for leisure and entertainment activities and could be used for any activity within that use.
2.6 The previous application demonstrated that the existing barns are structurally unsafe, with one being recommended for emergency demolition and the other being deemed beyond economic repair due to a defect in the foundations that, to repair, would require substantial demolition of the barn. At the time of the site visit the barns were in situ.
2.7 The submitted Statement also addresses the proposed changes to the materials since the previous application, the loss of the cladding so just having metal cladding will match better with the existing buildings on site and eliminate costly maintenance issues. With regards to the change in material colour the applicant has been advised by the manufacturer that the dark green colour is prone to fading and that grey would be less affected by the weather.
2.8 The main differences to the previously approved scheme under 15/00812/B are as follows; o 24% increase in footprint (over the 2015 approval) from 550sq to 677sqm, as it is 5.9m longer (excluding mezzanine) o Changes to the materials of walls and windows
3.0 PLANNING HISTORY
3.1 The application site has been the subject of a number of previous planning applications. In view of the nature of the history, it is considered that a brief summary of each application is worth noting, as while some are individually specifically material to the assessment of the current application, the planning history as a whole is also material since it indicates the move away from the use of the site from agricultural to leisure uses. The applications listed are those submitted on the wider site, and are listed in date order.
o 16/01367/C - Change of use of field to campsite. APPROVED at planning committee subject to various conditions relating to pitch numbers and landscaping. o 16/01129/C - creation of a campsite with associated parking, fencing, welfare facilities and signage to operate during the TT Festival fortnight and Festival of Motorcycling fortnight only, on a permanent basis rather than a temporary approval (as approved under applications 14/00242/C & 15/00036/C). APPROVED at Planning Committee subject to various conditions relating to timings and landscaping.
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o 15/00812/B - Demolition of two existing stone barns, erection of a multi-purpose building for entertainment and leisure activates and creation of an overflow car park. ". APPROVED at Planning Committee subject to various conditions relating to bats, hours of use and landscaping. o 15/00036/C - "Erection of a temporary camping area with associated parking, fencing and welfare facilities to operate during the TT Festival fortnight (May/June 2015 and 2016) and Festival of Motorcycling fortnight (August/September 2015 and 2016) only". APPROVED at Planning Committee subject to various conditions relating to the use of the car park, provision of fencing, removal of temporary signage and the number of tents permissible. o 14/00242/C - "Erection of a temporary camping area with associated parking, fencing and welfare facilities to operate during the TT Festival fortnight (May/June 2014 and 2015) and Festival of Motorcycling fortnight (August/September 2014 and 2015)". APPROVED at Planning Committee. o 14/00223/C - "Variation of conditions 4 and 5 of PA 10/00838/B concerning the hours and frequency of use of seasonal marquee". APPROVED at Planning Committee. o 11/00459/C - "Additional use of agricultural land for recreational activities, extension to car park and formation of zorbing tracks". APPROVED at Planning Committee subject to conditions relating to hours of use and preventing lighting. o 10/00838/B - "The seasonal erection of a marquee and portable toilet block to accommodate corporate functions and events (1st May to 30th September)". APPROVED following an appeal against the Department's issued refusal. This application was refused by the Planning Department and recommended for refusal by the Planning Inspector, but was subsequently approved by the Deputy Minister. He concluded that "having regard to the fact that it, the marquee, would be in place for only part of the year, that it would have the appearance of a temporary structure, and that it would form part of a compact group of buildings set some distance from the roads...the effect on the countryside would not be so adverse as to warrant a refusal". The Deputy Minister acknowledged that the Planning Inspector concluded the exiting traffic late at night would have an adverse impact on the living conditions of the occupants of 'Sunnyside' opposite the entrance to the site, but concluded it was acceptable. o 10/01728/D - "Erection of entrance signage". APPROVED under delegated authority. o 08/00456/D - "Installation of illuminated signage". REFUSED under delegated authority: "By reason of its design and positioning the proposed signage would cause undesirable escape of light and adversely affect visibility for vehicles emerging from Ballakaighan Farm onto Whitebridge Road. As such the proposal does not accord with criteria (d) and (e) of General Policy 8 of the Isle of Man Strategic Plan 2007." No appeal was lodged. o 08/00454/B - "Extension of existing car park". APPROVED under delegated authority. This extended car park is located to the south of the central collection of buildings, unrelated to the proposal site. o 08/01403/C - "Change of use of two fields from agricultural to recreational and location of a portacabin". REFUSED under delegated authority for two reasons:
Reason 1 "The proposed change of use of the two fields to recreational is contrary to the land use designation of the land under the Onchan Local Plan Order 2000. Such change of use represents an unwarranted use within the countryside, contrary to the provisions of Environment Policy 1 of the Isle of Man Strategic Plan 2007. Whilst information regarding the intended use of the two fields is limited within the planning application it is concluded that the indicated uses, and in particular go- karting, have the potential to cause detrimental harm to the amenity of the surrounding area and the residential amenity of Sunnyside and Ballakaighen House."
Reason 2 "The siting of the portacabin represents the erection of a new built development in the countryside. Such development is contrary to the presumption against development in the countryside and the provisions of General Policy 3 and Environment Policy 1 of the Isle of Man Strategic Plan 2007."
o 08/01134/R - "Change of use of two fields from agricultural to recreational and location of a portacabin". REFUSED under delegated authority, for one reason: "By reason that the proposed development represents the erection of a new built development in the countryside, as opposed to
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the previous re-use of existing redundant buildings, the proposal is contrary to the presumption against development in the countryside. As such the proposed development is contrary to the provisions of General Policy 3 and Environment Policy 1 of the Isle of Man Strategic Plan 2007." o 09/01320/R - "Creation of a toilet block". DECLINED TO BE CONSIDERED by Planning Committee. o 05/00326/B - "Conversion of barns to an activity centre with car parking, drive widening and entrance alterations". APPROVED at Planning Committee subject to conditions relating to hours of use and the finishing material for the car park. This car park was, again, located nearer to the then-existing collection of buildings than the current proposal. o 06/00866/B - "Alterations to existing sludge pit and erection of a building to incorporate leisure activities". REFUSED under delegated authority, for two reasons:
Reason 1 "By reason that the proposed development represents the erection of a new building in the countryside, as opposed to the previous re-use of existing redundant buildings, the proposal is contrary to the presumption against development in the countryside. The planning application contains insufficient information and justification to warrant the setting aside of this well established presumption."
Reason 2 "Notwithstanding the first reason for refusal, and the issue of principle of development, the planning application is insufficiently detailed to allow a proper assessment of the impacts of the proposal. Specifically, the planning application fails to adequately define the proposed use and contains insufficient information to assess the impact of the proposed development on highway safety and the effect on the residential amenity of properties within the surrounding area."
o 03/00729/C - "Change of use of agricultural land and barn for paintball games and indoor laser games". APPROVED at Planning Committee.
The applications prior to those set out above relate to agricultural uses or buildings.
4.0 PLANNING POLICY
4.1 The application site is located within a wider area of land that is designated as 'open space' under the Onchan Local Plan Order 2000. There are no policies within Planning Circular 1/2000, which constitutes the written statement to be read in conjunction with the Local Plan, that are considered material to the assessment of the planning application.
4.2 The Strategic Plan contains several policies that are considered specifically material to the assessment of the planning application.
4.3 Strategic Policy 2 states in full: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3" [see General Policy 3, below].
4.4 Strategic Policy 5 states in part: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island."
4.5 Strategic Policy 8 might not be directly applicable, but it remains important for consideration: "Tourist development proposals will generally be permitted where they make use of existing built fabric of interest and quality, where they do not affect adversely environmental, agricultural, or highway interests and where they enable enjoyment of our natural and man-made attractions."
4.6 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:
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(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 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; (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."
4.7 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."
4.8 Environment Policy 4 states in full: "Development will not be permitted which would adversely affect:
"(a) species and habitats of international importance: (i) protected species of international importance or their habitats; or (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites.
"(b) species and habitats of national importance: (i) protected species of national importance or their habitats; (ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or (iii) Marine Nature Reserves; or (iv) National Trust Land.
"(c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats.
"Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward."
4.9 Environment Policy 16 states in part: "The use of existing rural buildings for new purposes such as tourist, or small-scale industrial/commercial use may be permitted where:
(a) it is demonstrated that the building is no longer required for its original purpose and where the building is substantially intact and structurally capable of renovation;
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(b) the reuse of the building will result in the preservation of fabric which is of historic, architectural, or social interest or is otherwise of visual attraction; (c) it is demonstrated that the building could accommodate the new use without requiring extension or adverse change to appearance or character; (d) there would not be unacceptable implications in terms of traffic generation; (e) conversion does not lead to dispersal of activity on such a scale as to prejudice the vitality and viability of existing town and village services; and (f) the use of existing buildings involves significant levels of redevelopment to accommodate the new use, the benefits secured by the proposal in terms of impact on the environment and the rural economy shall outweigh the continued impact of retaining the existing buildings on site".
4.10 Environment Policy 22: "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."
4.11 Business Policy 11 states: "Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designations which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within the rural areas there may be situations where existing rural buildings could be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted."
5.0 REPRESENTATIONS
5.1 DOI Highway Services commented as follows, 03.03.2017:
The proposal is to demolish 2 existing stone barns and replace them with a multi-purpose shed to provide leisure activities to complement the existing leisure activities available on site. The proposal is similar to that approved under PA 15/00812/B although it is larger by 193sqm.
The site has a good access to the highway and adequate car parking to accommodate the multiple uses of the site.
Highway Services do not oppose the application.
5.2 Onchan District Commissioners recommended that the application be approved. 22.02.2017.
5.3 The owner / occupier of "Highfield", which is located on Bibaloe Beg Road, which is located to the south of the application site across the fields, objected to the application in comments (2 letters) received 23 May 2017 . Their comments can be summarised as concern with:
o this modification is a 256% increase over the two barns to be demolished; o the previous approval in 2015 is contrary to the land use zoning; o planning creep with all the applications; o will intensify use of the site o car park will be inadequately screened o previous proposal was described as having features to help it fit into the agricultural surroundings o % increases set out by the agents is misleading and seeks to play down the size of the increase proposed, not 29% is actually 54% o do not dispute that Ballakaighen Farm has an established leisure use but that new buildings in the countryside are more strictly controlled with presumption against development outside of
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zoned areas and the proposal should be made to comply with the standards set by the planning department for the benefit of the environment around it.
6.0 ASSESSMENT
6.1 It is evident from the planning history on the site that Ballakaighen Farm is no longer in use for agriculture and, moreover, offers a number of leisure uses instead, some of which are all-year round and others of which are temporary, both in respect of structures (the marquee) and uses (the campsite). This should not be ignored in the assessment of the proposal. More important is the fact that the demolition of the barns and their replacement were approved in 15/00812B.
6.2 The assessment of the 2015 application determined that the existing barns were in a poor state of repair to varying degrees and the re-use of the existing barns might be judged impractical because they are structurally unsound and do not suit the intended activities the applicant intends to offer to the public. The Planning Committee considered that the design and siting of the proposed building was appropriate relative to the existing situation. It was agreed that the proposal, though not complying with the Local Plan zoning, was appropriate given the nature of the existing land use and that to constrain the site on this basis would be inappropriate.
6.3 As the principle of the demolition of the barns and their replacement with a larger building has been established with the 2015 approval, the main considerations in this instance relate to the potential visual impact of the changes proposed under this application.
6.4 With regards to the potential visual impact on the countryside the building is the same width and overall height as the 2015 building at 22.7m and 7m, respectively. In terms of overall dimensions of the building the main change is an increase in length from 24.3 to 30m. This increase in length is not considered to adversely affect the countryside given that the proposed building is viewed within the context of the existing buildings on site.
6.5 The previously approved scheme had on the elevations some fairly large areas of stone reclaimed from the loss of the stone buildings and timber cladding, with the roof being dark green insulated metal panels. This application seeks to change those materials to grey clad roof, white clad walls with a white rendered bottom section.
6.6 The reasons the applicant gives for those changes is that having been advised by the manufacturers the grey roof is less prone to weathering and so will maintain its appearance over longer period of time and they consider having profiled cladding for the walls will match more with the other buildings on the site.
6.7 The other buildings on the site are predominantly white so in that regard it would match the existing buildings on site, particularly when viewed from Whitebridge Road. The view from Kind Edward Road is somewhat different as there is a mature planting boundary along the railway line which softens the buildings presence in the landscape and this building would be screened by the other buildings on the site.
6.8 While it would make the building more prominent in the landscape it is not considered sufficient enough to warrant a refusal.
6.9 With regards to the comments received regarding the sizes and increases the original barns are 215sqm and the 2015 footprint is 550sqm with total floorspace of 675sqm including the mezzanine and the current scheme is 681sqm with total floorspace of 816sqm , including the mezzanine. This represents a 155% increase from the original barns to 2015 scheme and 216% from original barns to current scheme and from the 2015 scheme to the current scheme 24% increase. These figures are based on footprint and do not include the mezzanine.
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7.0 CONCLUSIONS AND RECOMMENDATION
7.1 The use of the site for leisure purposes has been established, but as a general exception to policy and the development that takes place remains strictly controlled. While there is a general presumption against new development in the countryside the 2015 application approved a scheme that was considered acceptable. Taken in the round the proposed changes, in the context of the previous approval, are not considered to be unacceptable and as such the application is recommended for approval, subject to the same conditions as the 2015 approval.
8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
o The applicant, or if there is one, the applicant's agent; o 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; o Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material; o The Highways Division of the Department of Infrastructure; and o The local authority in whose district the land the subject of the application is situated.
8.2 In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.
In this instance, it is considered that the following persons do not have sufficient interest and should not be awarded the status of an Interested Person:
o The owner / occupier of "Highfield", Bibaloe Beg Road, Onchan.
This is due to their distance from the application site and they do not meet any of the criteria set down in the Circular.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 02.06.2017
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 development shall commence until a bat survey has been submitted to and approved in writing by the Department. The bat survey shall identify impacts on bat species together with mitigation, where appropriate, including a timetable for its implementation. The development shall not be carried out unless in accordance with the approved details.
Reason: To provide adequate safeguards for the bats.
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C 3. Events on Sundays to Thursdays inclusive shall finish by 22:00. Events on Fridays or Saturdays shall finish by midnight.
Reason: To provide adequate safeguards for neighbouring residential amenity.
C 4. Events taking place within the land edged red and blue on Drawing P01 (date-stamped as having been received 12th May 2017), and finishing after 22:00, may occur no more frequently than twice in each calendar month.
Reason: To provide adequate safeguards for neighbouring residential amenity.
C 5. Prior to the commencement of works, a landscaping scheme shall be submitted to and agreed in writing by the Department.
Such a scheme shall have particular regard with respect to the northwestern side of the proposed car park.
Such a scheme shall include details of all walls, fences, trees, hedgerows and other planting which are to be retained; details of all new walls, fences and other boundary treatment and finished ground levels; a planting specification as appropriate; the location of grassed areas; details of the hard surface treatment of the open parts of the site, and a programme of implementation.
All hard and/or soft landscaping works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed in writing with the Department. Any trees or plants indicated on the approved scheme, which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department. All hard landscape works shall be permanently retained in accordance with the approved details.
Reason: To ensure the provision of an appropriate landscape setting to the development in view of its prominence from the Whitebridge Road.
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 : Refused
Committee Meeting Date: 12.06.2017
Signed : A Morgan Presenting Officer
Further to the decision of the Committee an additional reason was required (included as supplemental paragraph to the officer report).
YES/NO See below
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PLANNING COMMITTEE DECISION 12.06.2017
Application No. :
17/00123/B Applicant : Mr Andrew Clague Proposal : Demolition of two existing stone barns and erection of a multi- purpose building for entertainment and leisure activities Site Address : Ballakaighen Farm Whitebridge Road Onchan Isle of Man IM4 6AD
Presenting Officer : Miss Abigail Morgan
Addendum to the Officer’s Report
Planning Committee rejected the officer's recommendation and the application was refused based on the proposed materials and colour and resultant visual impact on the countryside, resultant poor quality environment and insufficient justification for the proposal. The reasons for refusal were discussed by and voted on by the Members.
Reason for Refusal
R 1. Due to the material and colour of the proposed building it would be unduly prominent and visually intrusive in the countryside contrary to the provisions of Strategic Policy 2 and Environment Policy 1, which seek to protect the Manx countryside for its own sake.
R 2. The evolution of the site has resulted in a poor quality environment for the existing leisure and entertainment uses and the proposal would exacerbate this resulting in increased poor public realm, legibility and character throughout the site contrary to the aims of Strategic Policy 5.
R 3. Insufficient justification has been made to support the increase in scale of the proposal for such a wide range of uses in an area not allocated for development contrary to the provisions of Strategic Policy 2 and General Policy 3.
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