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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00292/B Applicant : Ms Joanna Crookall Proposal : Conversion of former chapel to residential and tourist accommodation including formation of car parking space Site Address : Kerrowkeil Chapel Kerrowkeil Road Grenaby Ballasalla Isle Of Man IM9 3BB
Principal Planning Officer: Belinda Fettis Photo Taken : Site Visit : Expected Decision Level :
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 12.07.2024 __
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. As per the Ecologists comment on the 20th of June, Prior to commencement a thorough check of the roof space shall be completed.
Reason: To ensure the development accords with Environment Policy 4 of the Isle of Man Strategic Local Plan
C 3. The development approved shall be carried out in accordance with the Construction Drawing and Additional Planning Statement submitted to the Planning Department on the 10th of July 2024.
Reason: For clarity and in the interest of highway safety and to protect residential amenity in accordance General Policy 2 of the Isle of Man Strategic Plan 2016.
C 4. The roof shall be finished in natural reclaimed slate to match those of the existing building in respect of colour and texture.
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Reason: In the interests of the character and appearance of the site and surrounding area in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.
C 5. The one rooflight hereby approved shall be of conservation standard in so much as it is flush with the slate roof.
Reason: To protect the character of the building in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.
C 6. All external facing shall be finished in a lime wash finish to match the existing building in respect of colour and texture in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.
Reason: In the interests of the character and appearance of the site and surrounding area in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.
C 7. Prior to implementation of the off-road parking, details of how surface water shall be managed within the site shall be submitted to the Planning Department for prior written approval.
Reason: To ensure surface water is managed appropriately and does not cause flooding elsewhere and to avoid contravention of Section 58 of the Highway Act 1986 by allowing surface water to run onto the public highway, in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.
C 8. Prior to implementation of the off-road parking, a sample of the materials to be used for the off-road parking area shall be provided on site and an application submitted to the Planning Department for prior written approval.
Reason: To ensure the material finish is in keeping with the historic building in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.
C 9. Prior to the converted Chapel first being brought into use the car parking area shall be completed.
Reason: In the interests of highway safety and to protect residential amenity in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.
C 10. Prior to the attachment or insertion of any external lighting to the building, outside seating or parking areas a sensitive low level lighting plan, following best practise as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023) shall be submitted to Planning and approved in writing. All works must be undertaken in full accordance with the approved plan.
Reason: To ensure that the development has an acceptable impact on the environment in respect of Bats which are a protected species in accordance with Environment Policy 4 and General Policy 2 of the Isle of Man Strategic Plan 2016.
C 11. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or reenacting that Order with or without modification), no development shall be undertaken under the following classes of Schedule 1 of the Order at any time:
Class 13 - Greenhouses and polytunnels Class 14 - Extension of dwellinghouse Class 15 - Garden sheds and summer-houses
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Class 17 - Private garages and car ports Class 21 - Construction of decking Class 28 - Roof lights Class 42 - Solar Panels
Reason: To ensure that future development of the site respects the character of the existing building and surrounding landscape in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016..
N 1. Isle of Man Wildlife Act 1990
Irrespective of the details contained within the planning application submission or the planning officers report the applicant should be aware of, and make any person undertaking work on their behalf aware of, their duty as stated in the Act to have regard to the environment as detailed in s36 of the Isle of Man Wildlife Act 1990 and those protected species listed in Schedule 5 and Schedule 7 of the Act.
It is an offence subject to penalties to, intentionally or recklessly kill, injure or take a protected species, intentionally or recklessly damage or destroy, or obstruct access to, any structure or place which protected species use for shelter or protection, intentionally or recklessly disturb any protected species while it is occupying a structure or place which it uses for that purpose.
N 2. FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.
You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.
To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.
This application has been recommended for approval for the following reason. None of the works result in the loss of the character of the former Chapel therefore the building could still be considered for entry onto the Registered Buildings List.
Overall the proposal would not cause harm to the character of the building or the locality, nor would the proposal harm residential amenity.
The proposal is considered to accord with Strategic Policy 1 and 8, Housing Policy 11, Environment Policy 4 and 16, General Policies 1, 2, and 3, and Business Policy 11, 12 and 14 of the Isle of Man Strategic Plan 2016 and the relevant sections of the Design Guide.
Plans/Drawings/Information;
This decision relates to the following detail, plans and drawings received on the date shown;
o Location Plan no.01 (07.03.2024) o Site Plan no.02 (07.03.2024) o Proposed Floor and Elevations Plan no.04 Revision A (10.07.2024) __
Interested Person Status - Additional Persons
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None __
Officer’s Report
THE APPLICATION SITE
1.1. The application site relates to a building located in open countryside, of simple construction, single below a pitch slate roof. The building is known as Kerrowkeil Chapel and has been a place of worship for over one hundred years.
1.2. Kerrowkeil Chapel is located on the east side of Kerrowkeil Road (B41). The land upon which the Chapel stands slopes up from the B41 then plateaus. There are field hedges alongside the road and fields. A track from the B41 runs alongside the eastern boundary and is used to access the adjacent agricultural fields; the field and the chapel are within the same ownership.
1.3. Opposite the Chapel there are two detached dwellings with private access and grounds; Manella and East Ballarobin. The next nearest dwellinghouse is around 493ft to the north east.
THE PROPOSAL
2.1. Planning approval is sought to convert the former chapel to residential and tourist accommodation including alterations to the building and formation of an off-road car parking space. The converted chapel would be used within existing facilities provided by Grenaby Estates. The specific details are as follows.
2.2. Internally the ground floor would be converted to kitchen and living space with a staircase constructed to access a newly constructed mezzanine floor to create the bedroom. The existing kitchen and toilet in the extension would become a bathroom. As part of the renovation and to better reflect the internal alterations the following works are proposed.
o Renovation of the roof requiring removal of the existing roof slates, and replacement with reclaimed slate where possible. o Installation of new rainwater goods in grey plastic. o Remove existing window in the eastern elevation and create a pedestrian entrance door. o Remove existing door in the southern elevation and block up to create a square window. o Existing external lime washed walls to be treated with new lime wash over. o Replacement of the existing windows in the northern elevation. o Creation of new parking areas in front of the building and pedestrian steps up to the entrance.
PLANNING HISTORY
3.1. 02/02591/B - Alterations and extension to chapel - Permitted.
PLANNING POLICY
4.1. Assessment of this proposal is made against the following Policies from the Isle of Man Strategic Plan 2016.
4.2. Strategic Policy 1: Development should make the best use of resources by optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and reusing scarce indigenous building materials;
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o ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards; and o being located so as to utilise existing and planned infrastructure, facilities and services.
4.3. Strategic Policy 8: 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 manmade attractions. This policy reflects the general restriction on new development outside defined development zones. Tourist proposals in the countryside will normally be required to meet the above criteria.
4.4. Environment Policy 4: Development will not be permitted which would adversely affect criteria (a) to (c) and within those criteria (a) and (b) are relevant; (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; (b) (ii) (iii) and (iv) are not relevant.
4.5. Environment Policy 16: 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; (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. (g) Proposals to convert rural buildings to residential accommodation will be considered along with the advice given at Section 8.10 of this document.
4.6. Section 8.10 relates to Housing Policy 11; The paragraph states that throughout the countryside, there are examples of buildings which are no longer suitable or needed for their originally intended use, but which are of sufficient quality or interest to warrant retention and re-use. Reuse as a dwelling can contribution to housing stock, ensure retention of built heritage, and improve the appearance of what might otherwise become derelict fabric. In approving such reuse the following criteria should be met.
(a) redundancy for the original use can be established; (b) the building is substantially intact and structurally capable of renovation; (c) the building is of architectural, historic, or social interest; (d) the building is large enough to form a satisfactory dwelling, either as it stands or with modest, subordinate extension which does not affect adversely the character or interest of the building; (e) residential use would not be incompatible with adjoining established uses or, where appropriate, land-use zonings on the area plan; and (f) the building is or can be provided with satisfactory services without unreasonable public expenditure.
Such conversion must:
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(a) where practicable and desirable, re-establish the original appearance of the building; and
(b) use the same materials as those in the existing building.
Permission will not be given for the rebuilding of ruins or the erection of replacement buildings of similar, or even identical, form.
4.7. General Policy 1: The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations.
4.8. General Policy 2: 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 meets criteria (a) to (n); of those criteria, those most relevant to this proposal are considered to be as follows, (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (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 unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan (n) is designed having due regard to best practice in reducing energy consumption.
4.9. General Policy 3: Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of criteria (a) to (h); of those criteria, those most relevant to this proposal are considered to be as follows, (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.
4.10. Business Policy 11: 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.
4.11. Business Policy 12: Permission will generally be given for the conversion of redundant buildings in the countryside to tourist use providing that the development complies with the policies set out in paragraph 8.10. - Housing Policy 11.
4.12. Business Policy 14: Tourism development may be permitted in rural areas provided that it complies with the policies in the Plan. Farmhouse accommodation or quality self-catering units in barn conversions and making use of rural activities will be encouraged but must comply with General Policy 3 and Business Policies 11 and 12. Other forms of quality accommodation
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in rural areas will be considered, including the provision of hostels and similar accommodation suitable for walkers but must comply with General Policy 3 and Business Policies 11 and 12.
4.13. Chapter 10 (Community) Paragraph 10.5.1: Community facilities are those services or facilities that provide for the needs of the Island population. As such, they should be appropriate to the needs of the Island's population and be located as to be easily accessible. Community facilities include community centres, medical facilities, places of worship, schools, nurseries, library services and premises which provide an element of care for those sectors of the community that are in need of this.
4.14. Community Policy 3: Development (including the change of use of existing premises) which results in the loss of a local community facility (other than shops and public houses) will only be permitted if it can be demonstrated that it is no longer practical or desirable to use the facility for its existing use or another use likely to benefit the local community.
OTHER MATERIAL CONSIDERATIONS
5.1. The site is not within a Flood Risk Zone nor is it within a Conservation Area, nor is it a Registered Building. However the Chapel is included in Appendix 5 of Area Plan for the South 2013 as a building not yet researched by the Department in relation to potential special architectural or historic interest. Therefore although carrying less weight than if the building was a Registered Building, Environment Policy 32 is a material consideration in determining this proposal.
5.2. Environment Policy 32: Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted;
5.3. The best use for a Registered Building is usually the use for which the building was designed. However, it is recognised that it is often necessary to look for a new use to secure the economic future of the building. It is important therefore that any new use is appropriate and that physical alterations are sensitive to its character.
5.4. Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.
5.5. Environment Policy 33: The change of use of Registered Buildings will only be permitted if the proposed use is appropriate and any alterations associated with the change are not detrimental to its character as a building of special architectural or historic interest.
5.6. Legislation: Isle of Man Wildlife Act 1990; Town and Country Planning (Use Classes) Order 2019.
REPRESENTATIONS
6.1. Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.2. Malew Parish Commissioners - No objection. (04.04.2024)
6.3. Registered Buildings - No objections; Request condition removing permitted development in order to protect the historic character of the building from inappropriate domestic paraphernalia. (06.04.2024)
6.4. Highways Services - No significant impact; Request condition for parking completion prior to first use. (18.03.2024)
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6.5. Ecologist - (03.04.2024) Prior to determination a Preliminary Bat Survey should be submitted. (12.06.2024) Having undertaken an internal inspection of the roof space a Preliminary Bat Survey is now not required prior to determination because there was no evidence of Bats. However Bats could still access the roof space therefore the applicant must ensure a thorough check is completed prior to commencement. The applicant should consider adding a Bat box high on the south elevation.
6.6. Manx Utilities - although consulted on the 12th of March 2024, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
ASSESSMENT
7.1. Principle
7.1.1. Use Class: Town and Country Planning (Use Classes) Order 2019: The Chapel, a place of worship, is identified under Part 4 (Other Uses) of the Schedule within the Act, Class 4.3 (a) Use for the purpose of, the assembly of persons for a social or community event, or for religious worship.
7.1.2. Part 3 (Tourist and Residential Uses) Class 3.3 relates to dwellinghouses and Class 3.6 relates to the use of a flat or dwellinghouse as a self-contained self-catering tourist unit.
7.2. This application seeks approval for a change of use of the building from a use within a place of worship to a use within dwellinghouse and tourist accommodation. To facilitate the change of use approval is sought for alterations to the building which would better facilitate the change of use.
7.2.1. Therefore the principle considerations are whether the Chapel is redundant and whether its loss as a community facility is acceptable; whether creation of a dwelling in this location is acceptable and whether it is capable of conversion. The conclusion reached regarding these points will determine whether the principle is acceptable or not.
7.3. The site is in open countryside on a B road between Ballasalla and Dalby. As is explored further in this assessment, overall the proposal is considered to meet the criteria of Strategic Policy 1 because it makes use of previously developed land and building. In addition it is part of a group of three existing buildings, two of which are dwellinghouses.
7.3.1. In considering the principle of residential use outside of designated areas for residential development, existing or proposed, Housing Policies within Chapter 7 (C7) (The Environment) and Chapter 8 (C8) (Housing) are key.
7.3.2. In respect of Environment Policy 16 (C7) and Housing Policy 11 (C8), overall the proposal was considered to adequately meet the criteria (a) to (f). However, mindful of the proposed Registered Building status great care and attention has been paid to establishing that the proposal meets criteria 16(a) and 11(a) and (b) which collectively require the applicant to demonstrate that the Chapel is no longer in use and is capable of the proposed conversion; These details were not adequately evidenced within the Planning Statement. However on the 10th of July the agent submitted a Memorandum of Sale and the planning department is satisfied that this is sufficient to meet the aforementioned policies.
7.4. Design And Character
7.4.1. To facilitate conversion of the building from a Chapel to a dwellinghouse the existing low ceiling will be removed and a mezzanine floor created together with a new staircase to
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provide mezzanine access. The existing extension, which is subdivided into a kitchen and toilet, will be opened up and converted to a bathroom. This results in the need to block up the extensions south facing door and replace it with a window. An existing tall six pane window in the east elevation of the Chapel would be removed and replaced with a new entrance door; providing two points of entrance and exit within the dwellinghouse. The roof will be removed and replaced with the existing slates and reclaimed slates where necessary.
7.4.2. Outside excavations between the road and the building will take place to landscape seating areas and an off-road parking space. Steps will be constructed from the parking space to the landscaped seating area. Taking ground level as the road, the highest point of the banking facilitating the parking space is shown to measure 1070mm above ground level and the outdoor seating 825mm above ground level.
7.4.3. The proposed off-road parking facility is welcomed however it will create an area of hard standing which will result in surface water dispercil. At present rainwater would be absorbed by the natural surface of the land. The application does not included details of how surface water will be managed however these details are proposed dealt with by condition.
7.4.4. Used for tourist accommodation or as a residence would result in an increased level of waste beyond that which would likely have occurred whilst in use as a Chapel. Therefore the applicant was asked to consider where waste and recycling would be stored and the detail on the amended plan 04 A is considered acceptable.
7.4.5. The materials proposed in the conversion are in keeping with the existing building and considered appropriate.
7.4.6. Loss of the window in the Chapel is disappointing because it is within the original building however it is not widely or easily visible in public views and an opening is retained.
7.4.7. The door to be replaced with a window was a modern addition as part of the extension and its loss does not harm the character of the Chapel.
7.4.8. If the building was used as a dwellinghouse, it is considered that the new outdoor landscaped areas will provide satisfactory amenity. The Chapel is already connected to services and with the reroofing and new windows the building should benefit from reduced energy consumption.
7.4.9. The change of use to domestic will inevitably result in the desire to introduce domestic paraphernalia within the site. Given the character of the building and its heritage value, and in such an open setting, to protect the character of the building and the character of the locality it is proposed that permitted development rights are removed.
7.5. Material Consideration
7.5.1. The building is included in Appendix 5 of Area Plan for the South 2013 as a building not yet researched by the Department in relation to potential special architectural or historic interest. The importance of the south elevation of the building which faces the road is noted as playing an important part in the role of the building and the material finishes of white washed stone walls and natural slate roof.
7.5.2. The proposal does not have to meet the criteria of Environment Policy 32 because the building is not yet a Registered Building, however having been proposed as a Registered Building accordance with Policy 32 is a material consideration
7.5.3. The building clearly has a level of historic and communal significance but as it is not yet a Registered Building the internal alterations would not require consent. The Registered
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Building Officer has reviewed the submission and recorded a positive response based on the proposals limited changes and retention of the open plan ground floor area and the pulpit. 7.5.4. Due to the type of development and materials, it is considered that the proposal would not result in the building being removed from consideration of becoming a Registered Building, and that this sympathetic conversion would ensure the maintenance and longevity of the buildings existence. Therefore if Environment Policy 32, 33 and 34 was applied the proposal would accord with that Policy.
7.6. Neighbouring Amenity
7.6.1. In this instance the neighbours are the dwellinghouses opposite, Manella and East Ballarobin and the owner / user of the adjacent fields which is a consideration even when the two are in the ownership of the applicant at the time of this application.
7.6.2. Historically the Chapel has not been in use every day and that use has diminished to being not in use. This application proposes conversion and change of use of the building to use as a dwellinghouse or tourist accommodation.
7.6.3. To facilitate the change a south facing door in the extension will become a window to the room that shall become the bathroom. An existing tall six pane window in the east elevation is proposed removed and replaced with a door.
7.6.4. There are no window to window relationships between the Chapel and Manella. There is potential for a window to window relationship between the new window in the south elevation and a north elevation window in East Ballarobin. However due to the topography and orientation, and separation of the road, it is considered that this would not cause harm to the residential amenity of either property.
7.6.5. Whether the property is used as a permanent dwellinghouse or for tourist accommodation the activity in and around the building will increase above that which has recently existed. The creation of a parking space and outside seating areas will increase the likelihood of outdoor activity.
7.6.6. By virtue of the orientation, separation distance (approximately 23m), scale of the conversion, (one bedroom), improvements to noise cancellation through new roof and new windows and dedicated parking space, it is considered that the proposal would not harm residential amenity of any nearby resident.
7.7. CONCLUSION
7.7.1. For the above reasons post completion of the proposed development the building could still be considered for entry onto the Registered Buildings list because the alterations would not cause harm to the character of the building.
7.7.2. The proposed development would not harm the character of the locality nor would the proposal harm residential amenity.
7.7.3. Therefore the proposal is considered to accord with the Strategic Policy 1 and 8, Housing Policy 11, Environment Policy 4 and 16, General Policies 1, 2, and 3, and Business Policy 11, 12 and 14 of the Isle of Man Strategic Plan 2016 and the relevant sections of the Design Guide.
7.8. The proposal is recommended for approval.
INTERESTED PERSON STATUS
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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 can confirm that this decision has been made by the Acting Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
Decision Made : Permitted Date : 18.07.2024
Determining officer Signed : A MORGAN Abigail Morgan
Acting Head of Development Management
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