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24/91065/B Page 1 of 11
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/91065/B Applicant : Mr Peter Bruce Proposal : Erection of detached dwelling and garage including alterations to form additional vehicular access onto the highway Site Address : Grounds Of Strathallan House (Formerly Calvary House) Strathallan Road Onchan Isle Of Man IM2 4PN
Planning Officer: Lucy Kinrade Photo Taken :
Site Visit : 14.11.2024 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 12.02.2025 __
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. The development hereby approved shall not be occupied or operated until the access, parking and turning areas have been provided in full accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles for both dwellings in the interests of highway safety.
C 3. The 43m visibility splays identified on drawing number 3A shall be constructed in full accordance with the details approved and kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level.
Reason: In the interests of highway safety.
C 4. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no development shall be undertaken in accordance with the following parts of Schedule 1 of that Order: o Class 14 - Extension of dwellinghouse o Class 17 - Private garages and car ports
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Reason: To control future development on the site.
C 5. No approval is granted to any change of use of the land designated as Open Space on the Area Plan for the East 2020, also shown indicated hatched green on drawing number 20.
Reason: the application has been considered on the basis of the proposed dwelling sitting within the existing area designated for residential use on the Area Plan for the East 2020.
N 1. The Applicant is to be reminded of the culvert running through the site and this should be investigated thoroughly before building work commences.
This application has been recommended for approval for the following reason. The proposal will make best use of land within an existing town centre without resulting in any adverse impacts or unacceptable harm to the open space designation, to the amenities of neighbours and without significant adverse visual impact to the general residential context of the site and surroundings. The proposal is considered acceptable in terms of highway impacts subject to conditions requiring provision of access and driveway, parts of the Permitted Development Order revoked, ensuring no surface water onto the road and a note reminding the applicant of the culvert running through the site.
Plans/Drawings/Information;
This approval relates to the following drawings and information: o Drg 01A Plan as Proposed o Drg 02 Site Plan as Existing o Drg 03A Site Plan as Proposed o Drg 04 Existing Garage o Drg 05A Proposed Access Elevations o Drg 06A Indicative Site Section o Topographical Survey o Design Statement o Design Statement Appendix Photos 1 2 + 3 o Photos page 1, 2 and 3 o Covering letter dated 10/09/24 o EV Charger Data Sheet p.1 and p.2 o Heat Pump Data Sheet
o DRG 20 Indicative Site Plan o DRG 8B Location Plan o Covering letter dated 27/11/24
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: o Douglas Borough Council o DOI Flood Risk Management
o DOI Highway Services o DOI Highway Drainage
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It is recommended that the owners/occupiers of the following properties should NOT be given the Right to Appeal because: o 6 Strathallan Park o 7 Strathallan Park Both objections identify the land that is owned or occupied by the objectors that would be impacted on, but such land is not within 20 metres of the site (and no Environmental Impact assessment is required) (A10(2)(b)) __
Officer’s Report
1.0 THE SITE 1.1 The application site comprises the curtilage of Strathallan House and its detached garage sitting on the eastern side of the steep sloping Summerhill Road. The existing main house sits at the highest northern end of the site on the junction with Strathallen Road and has a split level two storey design with vehicle access achievable from both Strathallan Road and from Summerhill Road. The existing detached triple garage sits in the lower part of the site with large driveway area in front.
1.2 Beyond the garage and driveway area the land slopes steeply south down towards the bay and the rear of those properties fronting Douglas Promenade. This sloping shrub land is colonised by dense vegetation and a number of trees and is recognised as open space on the Area Plan for the East.
1.3 Approval was granted under 19/00592/B for the erection of a dwelling in place of the existing garage and creation of its own access off Summerhill.
2.0 THE PROPOSAL 2.1 The current application seeks to duplicate the dwelling and access approved under 19/00592/B with exception to its moving by 1m within the site, the size of the attached garage increased slightly, inclusion of an ASHP and a new 2m stone wall south side of new access set behind visibility splays and existing wall.
Proposed Dwelling 2.2 The proposal dwelling is to sit within the existing paved driveway area and is to form a rotated 'L' shape on the site and comprising a mix of single and two storey design with both flat and pitched roof elements.
2.3 The larger single storey flat roof runs along the southern edge facing over Douglas bay, with a smaller flat roof over the attached garage. Each single storey flat roof element is to be 3.5m high and finished in a GRP roof finish. The two storey section run parallel to the eastern boundary approx. 14m long and with a height 6.5m to eaves and finished with a shallow 20 degree pitched roof with a central ridge 8m high.
2.4 The south elevations facing towards Douglas bay comprise large patio doors and windows across the ground and first floor. There is a roof terrace proposed with glazed screening. Elevations facing into the site also include large windows across ground and first floor, a large double garage door nearest Strathallan House and a glazed entrance porch. The rear elevation facing Cliff Cottage comprises 8 windows most of which are serving internal hall way circulation space or WC's, the first floor windows are to be installed in obscure glazing.
Curtilage, Access and Driveway
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2.5 The proposal includes the widening of the existing road access from Summerhill to provide a second vehicular access into the site. The proposal is to duplicate the size and appearance of the existing gated access, 4m wide and finished in stone walling and pillars matching the existing. In achieving visibility of 43m x 2m in each direction some of the existing walling is to be re-aligned and reduced where necessary to 1.05m. An internal boundary wall is shown to split the two dwellings creating separate driveway areas
3.0 PLANNING HISTORY 3.1 The application site has been subject to a number of previous planning applications, the main dwelling was approved for alterations and extensions under 22/01462/B although not impacting this application.
3.2 Most relevant in the case of this application are: o PA 17/00769/A for the approval in principle (AiP) for the erection of a new dwelling within the grounds of Strathallan House - APPROVED o PA 19/00592/B Erection of a detached dwelling and garage within grounds of Strathallan House - APPROVED
3.3 19/00592/B was approved subject to conditions listed below and the reason for approval o Reason for approval - "The proposal will make best use of land within an existing town centre without resulting in any adverse impacts or unacceptable harm to the open space designation, to the amenities of neighbours and without significant adverse visual impact to the general residential context of the site and surroundings. The proposal is considered acceptable in terms of highway impacts subject to conditions requiring gradients and provision of access and driveway, and parts of the Permitted Development Order revoked." o C1. 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. o C2. Prior to the commencement of any works at the site details of the access gradients shall be submitted to and approved in writing by the Department and the dwelling hereby approved shall not be occupied until the access has been constructed in accordance with the approved details, and shall thereafter be retained for access purposes only. Reason: In the interests of highway safety. o C3. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety. o C4. The visibility splays identified on drawing number 3 date stamped 22/05/2019 shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level. Reason: In the interests of highway safety. o C5. Notwithstanding the provisions of the Town and Country Planning (Permitted o Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification), no development shall be undertaken in accordance with Class 14 or 17, of Schedule 1 of the Order at any time. Reason: To control future development on the site. o C6. There shall be no works undertaken to the culvert running through the site unless otherwise agreed in writing by the Department. Reason: To protect the amenities of watercourse and in the interest of Inland Fisheries.
4.0 PLANNING POLICY
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4.1 The site outlined red on the application drawings comprises land designated as Residential to the upper level, and Open Space to the scrub and tree area below. The site is recognised as being at some risk of surface water flooding. It's within the Urban landscape character area and adjacent to the Douglas Promenade conservation area.
4.2 Relevant policies of Strategic Plan. o Strategic Policy 1 - make best use of existing sites o Strategic Policy 5 - new development (including individual buildings) should be designed so as to make a positive contribution to the environment (and in some cases a Design Statement will be required) o General Policy 2 - general standards towards acceptable development including visual and amenity standards, and highway safety o Environment Policy 36 - views into and out of a conservation area o Environment Policy 42 - new development in settlements to take account of character and identity of that area in its design. Inappropriate backland development or removal of open space contributing to amenity will not be permitted. Open spaces to be preserved will be identified in area plans. o Recreation Policy 2 - development which would adversely affect, or result in the loss of open space will not be permitted unless alternative provision provided elsewhere, or where there would be an overall community gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area. o Community Policy 7 - designing out crime o Community Policy 11 - prevention of outbreak and spread of fire o Infrastructure Policy 5 - water conservation and management measures o Paragraph 4.3.11 of the Strategic Plan states, "Merely arguing that a new building cannot be seen in public views is not a justification for the relaxation of other policies relating to the location of new development".
4.4 Reference any relevant PPS or NPD 4.4.1 none
5.0 OTHER MATERIAL CONSIDERATIONS 5.1 Legislation o Section 68 of the Flood Risk Management Act (2013) indicates that any published Flood Risk Management Plan and the extent to which the proposed development creates an additional flood risk are material considerations.
5.2 Policy/Strategy/Guidance o Manual for Manx Roads - Section C7 private parking, driveways, garages and access o Residential Design Guide - Sections: o 2.3 Building Designs o 3.1 Local Distinctiveness o 4.7 Flat Roof Extensions o 4.11 Roof Terraces, Balconies, Decking and Patios o 5.0 Architectural Details - windows and doors; finishing and detailing o 6.0 Wider Site - boundary treatments; trees; front gardens and driveways o 7.0 Impact on Neighbouring Properties
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
Consultees 6.1 Douglas Borough Council - no objections (04/10/2024)
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6.2 DOI Highway Services - do not oppose subject to conditions (26/09/2024) - 24/91065/B
6.3 DOI Highway Drainage - comments (21/10/2024) surface water cannot go onto road and needs to be demonstrated to comply with section 58 of the Highway Act 1986 and 11.3.11 of Manual for Manx Roads.
6.4 DOI Flood Risk Management - Do Not Oppose (30/09/2024) - there is a culverted watercourse under the site which should be fully investigated by the application prior to works.
6.5 The following were consulted but not response received at the time of writing the report 19/11/2024: o Manx National Heritage o DEFA Registered Buildings Officer o Manx Utilities
Neighbouring Properties 6.6 6 Strathallan Park - objection (22/10/2024) o Concerned about the infrastructure i.e. utilities, sewers, drainage being able to cope with the addition of a new substantial property being built in an area that has already been built to full capacity. o Question the refusal of 97/1456 where a pitched roof design formed part of reason for a refusal impacting architectural integrity of the original building, and impact views from Strathallan Road. o They feel the proposal will greatly impact the visual aspect not only from the Promenade, Strathallan Road but now Strathallan Park even more so than the planning application that was refused o This property will affect our view and the light due to the size of the property to be built. o They raise concerns about subsidence and water management issues question where the water from old Calvary Glen has gone. o They also include some history of Calvary Glen and indicate that they were not informed about the planning application being submitted.
6.7 7 Strathallan Park - Objection (22/10/2024 and 20/12/2024) o The new build is overbearing and will impact the landscape. o Previous planning applications have been refused based on the affect that it would be in primary line of sight from and on Douglas promenade. See application No: 97/1456. o The loss of our sea view will cause a loss of light into our house. o overlook will be of the new build and the alterations of the existing property which will affect overlook. o concerns regarding the groundwork of the new build and potential for subsidence. o Concerns for previous watercourse from the old glen o Concerns about unsuitable infrastructure i.e. drains, sewage and utilities o The applicant owns neighbouring properties Coachman's Cottage and Tremissary House o too big and too high and will destroy their outlook and privacy o will impact the outlook from the promenade o they indicate that a reason for the application is so the applicant can sell it at a higher price - property prices or sale of the property is not a material planning consideration
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6.8 The agent provided a response to comments on the application in a letter dated 05/11/2024. In this they addressed some of the points raised by the neighbour including the proposed piled design approach to construction, that the 97/1456 application was not relevant as it was for an adjacent dwelling 'Tremissary House' and the distance and elevated position of both objecting properties resulting in no adverse impacts and they would not qualify for IPS.
7.0 ASSESSMENT 7.1 The site forms part of the historic site of the former Calgary Glen. PA 17/00769/A was approved in principle for the erection of a dwelling within the grounds of the main house. The report for the application concluded that the proposed siting of the dwelling within the existing driveway area would not unacceptably impact on the open space designation of the lower shrub land, and would not jeopardised the land use designation or undermine the Local Plan or draft Area Plan for the East. Subsequent application 19/00592/B for a new dwelling on site and within the existing driveway area was also concluded to be acceptable making best use of previously developed land within an existing town centre and without adversely impacting or encroaching on the designated open space below.
7.2 The proposal now duplicates in the most part the dwelling and access scheme previously approved under 19/00592/B. This application must therefore consider whether there have been any changes to policy since that previous approval to warrant a different decision now being reached with consideration to those changes in its moving 1m, the inclusion of ASHP, a new 2m screen wall and increase to the garage. The tests shall fall to the principle for development, detailed design and impact on area, impact on amenity of neighbours and highway safety impact and consideration shall also be given to comments now received.
7.3 Principle 7.3.1 Policies seek to direct new development to existing settlements and centres like this and to make best use of previously development land. Like the previous approval, works for the new dwelling are to replace an existing garage and are to remain sited within the established paved hardstanding area which is zoned for residential use where there is a presumption in favour of such residential development as outlined in General Policy 2. The works do not encroach onto the open space area below and on this basis the proposal is not likely to result in any unacceptable loss or harm to the designated open space which will continue to provide a positive visual break in this area and retaining the separation between the promenade and the site of the proposed dwelling. The principle of a new dwelling on this site remains acceptable. The test of success for residential development then falls to its visual, amenity and highway safety impact.
7.4 Design and Visual Impact 7.4.1 The previous officer report for 19/00592/B highlighted at paragraph 6.3 the importance of good quality design and the need to respect the character of the area. At 6.4 they highlighted the proposed dwelling displaying an inconsistent design within itself mixing single and two storey design with flat and pitched roof finishes and with an array of fenestration size and styles, the site context didn't necessarily demand a traditional approach to design and modern design should not be discouraged but that the presented scheme was neither one nor the other and the combined mix of features and choice or materials having an uncomfortable contrast when viewed on its own, but when viewed in relationship to each viewpoint and streetscene perspective would likely be absorb into and read alongside its immediate neighbours 'Strathallan House', 'Cliff Cottage' and 'Tremissary House' all which share similar features including flat roofs, shallow roof pitches and similar fenestration styles.
7.4.2 So while the proposal is still of an uninspiring design, it does take influence from adjacent dwellings of similar design and would not look out of place when read amongst them and not considered to be so significantly harmful as to bring any substantial adverse visual impacts to the general area on this basis and minded of the urban landscape character as a whole where development is to be directed. The open space below the dwelling is expected to
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help safeguard suitable separation between the promenades so as to not harm views into or out of the Conservation Area in this case.
7.4.3 The overall proposal including the 1m reposition and increase to the garage is not considered to be so significantly adverse as to warrant a refusal on visual grounds in line with General Policy 2 (b, c, g) and topography and siting above the Conservation Area separated by the open space is expected to safeguard the conservation area in line with Environment Policy 36.
7.5 Neighbouring Amenity Impact 7.5.1 The previous officer outlined that the two storey element of the proposal would be taller than the existing garage and so likely to be more noticeable from public and neighbouring views compared to the existing garage, the two properties likely to be most affected being Strathallan House and Coachmans Cottage but that given the site level for the new dwelling being much lower than both of those properties that it was not expected to adversely impact on their general outlook which would remain fairly open. Overlooking was recognised here occurring naturally on such sloping topography. The new dwelling being overlooked from those properties above it, and it having potential views over properties below it, although the open space and distances helping to limit impacts to an acceptable degree.
7.5.2 Owners of two dwellings within Strathallan Park raised concerns on the previous 19/00595/B application and remain concerned now. They highlight issues for impact on their views and outlook, the potential for subsidence, infrastructure capacity to support a new dwelling, water issues for the old glen and previous refusals for a two storey structure.
Outlook, Views and General Living Conditions 7.5.3 In terms of outlook, Strathallan House and Coachmans Cottage are two dwellings that already sit higher than the existing garage and closer to the objector's properties and already form part of the outlook and views from properties in Strathallan Park. There is no right to a sea view and minded of the siting of the proposed new dwelling lower than Strathallan park and the distance between them which is intervened by other development that the proposal is not considered to result in any adverse impact on overall outlook or to result in any overbearing impact on amenity from properties in Strathallan Park.
Water from Old Glen 7.5.4 The applicants supporting statement highlights potential subsurface water routes passing through the site and how these will possibly be addressed during construction via re- routing with new pipe work. Comments from DOI Flood Risk also highlight this in their history comments as something for the applicant to consider during construction investigations before building work starts.
Infrastructure Capacity 7.5.5 The application form indicates that foul sewage will be connected to the main sewer system running down Summerhill Road and that surface water will be directed to the outlet at the bottom of the bank behind the horse tram station. The application demonstrates how these matters can be addressed and the detail likely forming part of separate building control applications.
Subsidence 7.5.6 In terms of the potential for subsidence, the existing site already accommodates some level of development, and minded the applicant is the owner of Strathallan House and neighbouring dwellings it's unlikely that they would want to endanger the stability of the land at risk to their property, also factoring in that some construction matters will be dealt with at building control stages and the supporting statement showing consideration to constraints highlighting the need for a piled design to bedrock below.
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Two Storey 7.5.7 PA 97/01456/B referenced in the objector's comments relates to Tremissary House which sits further east than the application site and assessed against policy relevant at that time. Each application is to be assessed on its own merits and against current policy and which is the case here.
Amenity Impact on Neighbours - Conclusion 7.5.8 In light of the above the proposal is not considered to adversely impact on general living conditions or amenity of any neighbouring properties including those properties at Strathallan Park which are located higher up and further away than those immediate properties Strathallan House and Coachmans Cottage. The proposal is considered acceptable in line with GP2 and principles of section 7 of the RDG.
7.6 Amenity Impact in Its Own Right 7.6.1 Not only in assessing impact on adjacent amenity, consideration shall also be given to the amenity of the dwelling itself. Comparative calculations for dwelling and plot size ratios are provided in the applicants supporting statement. As it stands the proposed dwelling occupies a considerable area of the hardstanding area with the front entrance area owing itself for use as a driveway and manoeuvring area. Looking to the immediate surroundings the footprint, curtilage and amenity space of the proposal is fairly comparable to other properties in the area and would not be considered to result in an over development of the site. To the western side of the dwelling there is a small side patio area and to the south a small area running directly along the house before the land slopes steeply southwards. While the 'useable' amenity space is perhaps limited it would not be unreasonable and would still allow space for external bin storage and to hang a washing line.
7.7 Highway Safety 7.7.1 The access arrangements remain unchanged from that agreed under 19/00952/B and are still considered acceptable and sufficient. The layout of the plot coupled with the internal boundary wall may likely limit the practicable manoeuvrability within the two sites, but there still remains sufficient off road parking for two cars for each dwelling off the road meeting with Appendix 7 of the IOM Strategic Plan. DOI previously asked for access gradient details in the 2019 application but this is no longer sought. Proposed site plan spot levels show the gradient sloping into the site from the road as it does currently to the existing garage. DOI drainage team raise concerns in surface water entering the highway although spot levels indicate surface water would naturally flow into the site, nevertheless a condition making clear that no surface water from the site shall enter the highway would be necessary for the avoidance of doubt for that part of the driveway nearest the road edge.
7.8 ASHP 7.8.1 The ASHP is indicated to have a sound power level of 58dB. Using the MCS calculator and the closed assessment windows on Coachmans Cottage and Strathallan House between 7- 10m away with some intermitting barriers and full and partial views available that the unit is expected to be within 41dB and 42dB at those assessment windows and considered to meet within the tolerances of the Permitted Development Order and thus considered acceptable in this case.
7.9 New Roadside 2m Screen Wall 7.9.1 The wall is to sit outside of the visibility splays, it is indicated on plans to be a pointed stone screen wall. Its position is not expected to result in any adverse visual impacts minded this roadside is already characterised by stone walling and would not harm overall streetscene or general amenity and would provide some screening to the applicants own terrace area.
8.0 CONCLUSION 8.1 The proposal will make best use of previously developed land within an existing town centre. The new dwelling sits within the extents of the existing established residential curtilage
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and is not considered to result in any harm or loss to the designated open space which will remain undisturbed and will continue to positively contribute to the natural break in development along this part of the Douglas Promenade coastline.
8.2 The proposed new dwelling will be more recognisable compared to the existing garage and even though of mediocre design, the proposal is expected over time to merge into its surroundings and be read amongst and alongside those other similar styled dwellings nearby. On this basis, the proposal is not considered to result in such a significant adverse visual impact or harm to the general streetscene or area as to warrant a refusal in this case.
8.3 The proposed dwelling will be provided with its own access adjacent to the existing access for Strathallan House, the works require the modification of the existing stone wall to ensure highway safety and visibility and the scheme has been considered acceptable by Highway Services subject to conditions.
8.4 The proposal is not expected to result in any amenity harm to the living conditions or outlook of the two objectors in Strathallan Park nor to immediate properties Strathallan House or Coachmans Cottage. Those changes beyond 19/00592/B in respect of 1m repositioning, increased to garage size, inclusion of ASHP and 2m screen wall are acceptable.
8.5 The application is recommended for approval subject to a number of suitably worded conditions for; provision of access, layout and turning spaces before occupation in accordance with plans; revocation of permitted development (garages and extensions), clarification of the open space being retained as such.
8.6 PA 19/00592/B was considered by planning committee and approved. This application is not considered to meet the requirements of the Planning Committee Standing Orders 2024_01 as it is an application similar in nature to a previously approved application to which there are no more than relatively minor differences as per 2(1) of the Orders.
9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
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I can confirm that this decision has been made by the 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, and/or rights to appeal.
Decision Made : Permitted Date : 19.02.2025
Determining Officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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