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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/00320/B Applicant : Ms Christina Skelly & Miss Marie Renard Proposal : Erection of detached dwelling with associated vehicular access, driveway, landscaping and drainage Site Address : Land adjacent to Longmead Ballakillowey Road Colby Isle of Man
Planning Officer: Miss Lucy Kinrade Photo Taken : 17.08.2018 Site Visit : 17.08.2018 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 30.05.2019 __
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 development shall be commenced until a landscaping scheme has been submitted to and approved in writing by the Department. Such a scheme shall include details of all new walls, fences, Manx banks, trees, hedgerows and any other planting and boundary treatments and shall also include a planting specification [numbers, density, size, species and positions of all new trees and shrubs] and a programme of implementation.
The works shall be carried out within the first planting season following the occupation of the development and in accordance with the programme agreed in writing with the Department and retained thereafter. 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 with the same species within the next planting season unless otherwise approved in writing by the Department and retained thereafter.
Reason: To ensure the provision of an appropriate landscape setting to the development in the interest of visual amenity and ecology.
C 3. The development hereby approved shall not be occupied or operated until the access, parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than for access and the parking and turning of
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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. The visibility splay(s) identified on P-11 shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1m in height above adjoining carriageway level.
Reason: In the interests of highway safety.
N 1. The applicant is reminded to discuss matters relating to the necessary S109 agreement directly with the Department of Infrastructure.
N 2. The applicant is reminded that if they should discover any special species at the site during the works that they to contact the relevant body at Department of Environment, Food and Agriculture immediately to discuss.
Plans/Drawings/Information:
This approval relates to drawing numbers P-10, P-11 and P-12 and planning statement all date stamped and received 20/03/2019.
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Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are 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 of Strathcona, Ballakillowey, Colby - as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).
It is recommended that Manx National Heritage 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):
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, they are not located 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, 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
1.0 THE SITE 1.1 The application site forms the curtilage of a parcel of land which is approx. 0.25acres. It is located on the eastern side of the main Ballakillowey Road, Colby just north of the main Ballakillowey Estate. The land slopes upwards to the north.
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1.2 To the north of the site is Strathcona an existing two storey dwelling beyond which is open fields. To the south of the site is Longmead an existing single storey dwelling with accommodation in the roof and Lynwood Dene a two storey Manx cottage.
1.3 Along the eastern boundary the site joins with the residential boundary of 3 Hill Park known as 'Horizons' an existing two storey dwelling forming part of the Ballakillowey Estate. To the west and on the adjacent side of the Ballakillowey Road are two traditional Manx cottages to the south of which is traditional dwelling Fuchsia Cottage.
1.4 Historically the application site formed part of the rear garden of Longmead, an existing vehicular access was approved on the southern side of the site under PA 12/00663/B and a subsequent application was approved at appeal under PA 13/00409/B for the erection of a detached one and half storey dwelling, this application has now expired.
2.0 THE PROPOSAL 2.1 The current application seeks approval for the erection of a detached two storey dwelling forming an upside-down 'T' shape on the site. The main body of the dwelling is to have its longest 16m unbroken elevation face south towards Longmead, the 9m wide gables are to face west towards the main road and east towards Horizons and at the rear the two storey leg will project 10m backwards with a 7m wide gable facing northwards towards Strathcona.
2.2 The proposed dwelling comprises a pitched roof design with the main body of the dwelling being 7.5m to ridge and the rear projection 7m to ridge, the eaves level throughout is to be around 5m. The application also includes alterations to the levels of the site with the proposed dwelling sitting at a datum level of 62.7m, the lawned gardens surrounding will sloping with the existing topography.
2.3 Access into the site sits nearest the southern boundary with Longmead and sweeps north between the proposed dwelling and the main road. The extent of the roadside boundary is to be finished with a Manx sod bank and hedging and a number of planted trees, directly adjacent to the access the driveway entrance is to be formed within a 1.2m high wall and gateway pillars behind which will sit a bin store. The boundary treatment and stone walling is detailed to be outside of the proposed 2.4m x 43m visibility splay, although no elevation details for the entrance have been provided.
2.4 The proposed dwelling is to have a principal roadside elevation comprising the gable of the main house featuring a large picture window at ground and first floor, and the side elevation of the rear projection containing two single garage doors at ground floor and two dormer picture windows above. The front entrance door of the dwelling is to be situated in the return between gable and rear projection.
2.5 Proposed on the south elevation facing Longmead are three large picture windows at ground floor, two of which comprising bi-fold doors opening on to a terrace area, above which are three large dormer windows one of which is a Juliet balcony nearest the road.
2.6 The east facing elevation nearest Horizons comprises only a small window and single door at ground floor, the return between the gable and projection is to contain a single door and three small windows serving a study, utility and en-suite. The end gable nearest Strathcona contains no apertures.
2.7 Each gable is to be finished with integrated chimney stacks, the roadside and Strathcona facing stacks are to be utilised for multi-fuel stoves while the east facing Horizons stack is detailed as being a false stack. The dwelling is to be finished in painted render throughout and an artificial slate roof. Lead is to clad each of the dormers and picture windows
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forming a deep border, lead cladding will also border and define the bi-folding doors opening on to the south facing terrace. Across the roof scape are a number of rooflights, most of which are situated on the eastern side, fixed to the south elevation are 8 proposed solar panels.
2.8 The current application follows from a previously withdraw application for a new dwelling which received a number of objecting comments from the local Commissioners and the neighbours and was not considered by the Department to be acceptable or supportable in terms of its height, mass, material finishing and hard-landscaping coverage of the site cumulatively having an impact on the semi-rural context of the site and the massing and inclusion of large areas of glazing having an unacceptable overbearing and privacy overlooking impact on the amenities of the neighbours.
3.0 PLANNING HISTORY 3.1 The application site has been the subject of four previous planning applications, one of which was withdrawn:
o 18/00484/B - Erection of detached dwelling - WITHDRAWN o 13/00409/B - Erection of a detached dwelling - APPROVED AT APPEAL o 12/00663/B - Creation of a vehicular access - APPROVED o 02/00862/A - Approval in principle for the erection of a dwelling - REFUSED
3.2 As covered in 2.8 of this report PA 18/00484/B was withdrawn and the most recent approval for the site was PA 13/00409/B which was granted approval for a detached dormer bungalow and integral garage built at right angles to the road and central to the plot. The dormer bungalow was approved with ground floor footprint of 200sq m (including garage) and a first floor area of 100sq m (not including storage area above garage) thus approx. 300sq m in total. The dwelling was approved with an eaves level of 2.8m and a central ridge height of 7.3m. A total of seven dormer windows were proposed across the roof slope, on the front elevation the dwelling had a two storey fully glazed projecting gable with a slated pitched roof to match the main house.
3.3 In terms of impact on amenity the Inspector for the application indicated that outlook from neighbouring properties would be changed but that the low 7.5m height of the dwelling would not be unduly overbearing. The distances between Strathcona (42m) and Longmead (20m) coupled with a number of dormer windows serving non-habitable rooms or being obscured would not result in material harm to their living conditions or result in a material loss of their privacy. As there were no windows proposed on the gable facing Horizons their privacy would be unaffected.
3.4 In terms of character and appearance the Inspector indicated that there was a mix of housing styles in the area including split level bungalows, dormer bungalows and older 2 storey houses and cottages and that the proposal with its low eaves, dormer windows and chimney would respect the surroundings and general character of the area and that the orientation would match that of its immediate neighbours Longmead and the Cottages across the road.
3.5 In terms of highway safety it was concluded that an existing access already exists and that the traffic generated from a single dwelling would not have a material impact on highway safety.
3.6 The application was approved at appeal subject to conditions relating to access and visibility splays, boundary treatments and installation of obscure glazing.
4.0 PLANNING STATUS AND POLICY 4.1 The site lies within an area designated on the Area Plan for the South 2013 Map 7 as 'Residential'. The site is not located within a flood risk zone as per the MUA flood risk maps. The site falls within the D15 landscape character area on the Area Plan for the South 2013:
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"Port Erin and Port St Mary (D15): The overall strategy is to maintain and enhance the character, quality and distinctiveness of the local built vernacular and integrity of the nucleated settlements of Port Erin, Port St. Mary and Ballagawne, the scattered traditional farm dwellings and to maintain the field pattern and semi-upland character of the upper slopes.
Key Views: Extensive panoramic views from higher ground on hill slopes along coast to the Calf of Man, inland over the Scarlett Peninsula and up the Southern Uplands and Meayll Hill."
4.2 Given that the land use designation is residential there is a general principle in favour of residential development here. In the assessment of such an application it would be relevant to consider the general standards of development as set out in General Policy 2 and Environment Policy 42 which relates to development within existing settlements of the Isle of Man Strategic Plan 2016:
4.3 General Policy 2 states (in part):
"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:
b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the space 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; g) does not affect adversely the amenity of local residents or the character of the locality; 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 adverse effect on road safety or traffic flows on the local highways; l) is not on contaminated land or subject to unreasonable risk of erosion or flooding."
4.4 Environment Policy 42:
"New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Rushen Parish Commissioners - No Objection (dated 18/04/2019)
5.2 Department of Infrastructure (DOI) Highways Division - Do Not Oppose Subject to Condition (dated 24/04/2019) o The proposed access gate would be installed 6m back from the carriageway edge allowing a car to park off the public highway when waiting for the gate to open. 2.4m x 43m highway visibility splays would be provided within land owned by the applicant and on the public highway. A condition ensuring the visibility splays are kept clear of obstruction above 1m in necessary. The driveway and parking would be sufficient to comply with the parking standards and enable on site turning to allow cars to enter and exit in forward gear. Another condition ensuring that the access and parking is provided prior to occupation is necessary in
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the interest of highway safety. The applicant is reminded that a S109A Highway Agreement would also be needed this will also help to ensure no illegal discharge of surface water from the site onto the adjacent adopted highway.
5.3 DEFA Ecosystems Policy Officer (23/04/2019) - o The new bank and hedge along the road should be created using Manx native species and all other planting on site is should be Manx native species only. o The application makes reference to the cutting back of the existing hedgerow to the south to allow for increased visibility, cutting should be limited to that which is required to make the entrance safe and no cutting should take place within the breeding bird season (March - August) or without undertaking checks although it is an offence under the Wildlife Act 1990 to kill, take or destroy birds, their nests, eggs and chicks. Bird boxes in suitable locations around the outside of the house will make up for the small loss of hedge habitat. o There should also be an awareness for the potential risk to common lizards, which is a Schedule 5 species, through the damage and disturbance of hedge and banks. It is an offence under the Wildlife Act 1990 to intentional or recklessly kill, injure or take species listed on Schedule 5 or to damage their places of shelter. If lizards are encountered whilst undertaking work on the banks then work should stop immediately and a member of the Ecosystem Policy team should be contacted in order to put in place protection or mitigation measures. o The hedgebank along the northern edge of the site should be retained, the documentation provided to planning did not make it clear whether this was to be retained or not.
5.4 A representative of Manx National Heritage also commented on the application - (10/04/2019) o The proposals will results in the loss of a section of hedge bank which are valuable habitats to species such as the common lizard and the common frog (both of which are protected species) and particularly in agricultural locations such as this. There are records of both species in the area and it is therefore recommended that a Preliminary Ecological Appraisal be undertaken to highlight any constraints and ensure that appropriate mitigation is provided
5.5 The owners of Strathcona - Objection (dated 24/04/2019) o the obtrusive large dwelling would be 2m from their pond and is to have a 7.5m ridge towering well above the ridges of the nearest two properties, the proposed property would block light to their garden, their views and massively impose on their quality of life and wellbeing as they spend lots of time outdoors. The previous approval was a bungalow which would be in keeping with the other bungalows in the estate. If the proposed huge property was to be built it would reduce the value of their property. They reiterate the dangers of narrow Ballakillowey highway and the implications of a further 4 vehicles existing on to the road.
5.6 The agent for the application has provided three emails (each dated 03/05/2019), each responding to comments made on the application and a number of issues raised by objectors. These can be viewed online in full but are summarised as follows: o The existing site was always used as part of the original garden of Longmead and regularly maintained and mowed, it's unlikely that lizards are present however if found the applicant will consult with DEFA accordingly; o All planting at the site is to be with native species as specified on the drawings and the re-instatement of the hedge row and trees will likely offset any habitat loss elsewhere on the site and bird boxes can be installed; o The existing boundary with Strathcona is not to be disturb although the applicants would be willing to fence this; o The distance between the northern gable and Strathcona is 24m which is not 'directly behind', the measurements shown in their photographs are not accurate and in fact the ridge is the same as previously approved dormer bungalow;
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o There is no highway evidence to suggest the main road is dangerous and the proposal has been designed to meet with highway standards; o The applicants are happy with those conditions put forward by highways.
6.0 ASSESSMENT 6.1 The fundamental issues in this case of this application are:
o the principle of development; o whether there are any impacts on the character and appearance of the locality; o whether there are any impacts on the amenities of the neighbours; o whether there would be any impacts on highway safety, and o whether there would be impact on ecology.
PRINCIPLE 6.2 This particular site lies within an area designated as residential on the Area Plan for the South 2013 and as such there is a general principle in favour for residential development. Furthermore the site has been subject to a previous application for the development of a single dwelling which was approved at appeal. There have been no changes made to strategic or development plan polices since this approval and thus it would be reasonable in this instance to state there is a precedent set here for a single dwelling as approved at appeal under PA 13/00409/B.
CHARACTER AND APPEARANCE OF THE LOCALITY 6.3 Often is the case that views on design fall to personal opinion. While some may agree a modern design approach offers a unique and welcomed change to the existing area, others may object at the harm such a contrast brings to the general character and appearance of the countryside location and to the many traditional properties found in the area. In the case of this application and in establishing a professional judgement on the development, it is crucial that we conduct a contextual analysis against the immediate locality and building styles.
6.4 The properties in the locality are of a mixed age, form, and style, and as such there is no need to adopt any strict prescriptive guidelines for design, however there is a need for any new development to respect and maintain the general identity and character of the area with regards to D15 landscape appraisal, Environment Policy 42 and General Policy 2(b), (c) and (g).
6.5 The proposed dwelling comprises elements of both traditional and non-traditional form, the former being a result of the general building arrangement, pitched roof design, gables with integrated stacks and the typical painted render and slate roof finish. The latter non-traditional element resulting from the introduction of larger areas of glazing and the integration of contemporary lead finishes surrounding these windows. Although the pitch of the roof throughout is generally shallower than the typical Manx dwelling, the mix of small and large windows and the general solid to void ratios is considered to present an acceptable balance between the vernacular and contemporary approach to design and which has a general tilt more so towards the appearance of those traditional properties along Ballakillowey Road and considered to be reflective of the semi-rural location and countryside context of the site.
6.6 The topography of the site is as such that the land slopes upwards towards the north, this stepped arrangement is evident in the similar stepped arrangement of the dwellings as you travel along the main road and within the residential estate. Drawing Number P-11 includes a site section drawing 1:200 which includes site levels for the proposed dwelling as well as Longmead and Strathcona. The finished floor level of the proposed dwelling is 62.7m, this is 2.7m higher than Longmead and 2.6m lower than Strathcona, the distance between each being between 24m and 26m (to the nearest elevation), The proposed dwelling is around 5m taller than single storey Longmead, around 400mm taller than closest dwelling Horizons and around 2.2m lower than Strathcona. These measurements demonstrate the general stepping of the
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land and the similar stepping of the properties as you travel north along the main road and with the current proposal being not so far removed from the ridge height and eaves levels of nearest property Horizons.
6.7 The overall design of the dwelling combined with the finished site levels, ridge heights and overall massing present an acceptable development sited along this stretch of the road which is considered to be in keeping with the character and appearance of the streetscene and wider semi-rural landscape. The soft landscaping along the edge of the highway also contributing to the overall appearance of the development from the public perspective and merging with the wider countryside landscape and in this respect the proposal is considered to meet with the tests of parts (b), (c) and (g) of General Policy 2, Environment Policy 42 of the IOM Strategic Plan and D15 of the Area Plan for the South.
IMPACT ON NEIGHBOURS 6.8 The proposed dwelling is sited between 24m and 26m from Longmead and Strathcona and in excess of the general 20m rule of thumb for separation distances between properties. The previously withdrawn scheme comprised extensive areas of glazing across both ground and first floor and including full two storey features, although being over the 20m rule of thumb this extensive glazing was considered to have an unacceptable level of perceived overlooking on the neighbours. The current proposal has sought to significantly reduce the large expanses of glazing throughout the proposal; this reduction to the glazing not only presents a more appropriate solid to void ratio, but an acceptable impact on the immediate neighbours. There is limited or no glazing facing north towards Strathcona and Horizons and the reduce glazing across the south elevation coupled with the 26m distances cumulatively limits the privacy impacts on Longmead.
6.9 The height, footprint and siting of the proposed dwelling has already been considered to have an acceptable visual impact on the streetscene, in terms of impact on the neighbours the overall massing has been reduced compared with the previously withdrawn scheme and the lowering of site levels also works towards eradicating the previous concerns of overbearing and over dominating impacts on the neighbours. The owners of Strathcona have raised a number of concerns with regards to the 7.5m height of the proposal obstructing views, reducing light into their property and lowering the value of their house. It must be noted that rights to a view and property values are not a material planning consideration, although the loss of light to the detriment of residential amenity is. Given the 24m distance between the dwellings it is not considered that the proposal will result in any loss of light which would be considered to detriment the residential amenity of Strathcona.
6.10 For the above reason it is considered that the proposal has an acceptable impact on residential amenity and to comply with part (g) of General Policy2.
IMPACT ON HIGHWAY SAFETY 6.11 The proposal has been submitted with a drawing detailing the visibility splays being in accordance with those standards required by DOI Highway Services. The off road parking for the development is also in excess of the requirements for new dwellings and thus in accordance with the Strategic Plan. Highway Services have reviewed the application and have considered that the proposal is acceptable subject to two conditions relating to the access, driveway and parking being completed prior to the occupation of the dwelling and the visibility splays being maintained free from obstruction forevermore. Although concerns of highway safety have been made by neighbouring property Strathcona it is not considered that the likely increase in traffic associated to a single dwelling in this instance would result in such a significant adverse impact to warrant a concern or refusal on highway safety grounds in this case. In this respect the proposal is considered to comply with parts (h) and (i) of General Policy 2.
IMPACT ON ECOLOGY
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6.12 DEFA Ecology along with Manx National Heritage, have made a number of comments on the application relating to the need for the existing hedge bank along the northern boundary being retained, the need for planting native species at the site, ensuring any cutting of hedging be undertaken outside of the breeding bird season (March -August) and the loss of hedging mitigated through the installation of bird boxes and the potential for lizards being at the site and the need for immediate contact with DEFA should any be encountered on the site. Drawing number P-11 indicates that the northern bank is outside of the red line for the site and therefore not considered as part of the current scheme although a sod bank is indicated as being retained on the site section. As covered in the DEFA ecology comments the protection of lizards, birds and any other species is covered under the Wildlife Act 1990 and therefore would be covered under legislation outside of planning, but in any such case it would be in the applicants best interest to ensure no harm is caused as this could be an offence liable for prosecution. There is however limited information on the drawings with regards to the hedging and tree species to be planted throughout the site and no information as to the construction of the bank itself, in this respect and in line with those comments raised by DEFA Ecology the need for a landscaping plan as part of a conditions to clarify these points would be considered necessary. There is also a lack of information as to the heights of the proposed gate pillars and the extent of the timber fencing along the southern boundary, while its understood that a degree of such walling and fencing works could be carried out under the PDO for the avoidance of doubt this detail could be included within the landscaping plan.
7.0 CONCLUSION 7.1 The Isle of Man Strategic Plan states "the design of new development can make a positive contribution to the character and appearance of the Island. Recent development has often been criticised for its similarity to developments across the Island and elsewhere - "anywhere" architecture. At the same time some criticise current practice to retain traditional or vernacular designs. As is often the case the truth lies somewhere between the two extremes."
7.2 The site is designated for residential development but sits on the cusp of the countryside forming a fairly unique semi-rural context to the site. The current proposal is fairly contemporary in its approach to design but maintains a sense of place through its inclusion of traditional elements and form and the integration of soft landscaping particularly along the roadside edge. The application is considered to be in-keeping with the streetscene and the wider character of the rural area and to have an acceptable impact on the amenities of the neighbours and for the reasons set out in this report is recommended for approval subject to three suitably worded conditions for the access and visibility splay as put forward by Highway Services and the need for a landscaping plan to clarify the boundary treatments, roadside bank and planting species for the site.
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 Planning Committee 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.
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8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date: 30.05.2019
Determining officer
Signed : S CORLETT Sarah Corlett
Principal Planner
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