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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/91042/B Applicant : Douglas City Council Proposal : Construction of 1no industrial unit to form a covered operational waste transfer station, including fencing alterations. Site Address : Operational Service Centre Isle Of Man Business Park Douglas Isle Of Man IM2 2QY
Planning Officer: Paul Visigah Photo Taken : 13.11.2024 Site Visit : 13.11.2024 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 27.11.2024 __
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. The building hereby approved shall be used only as an operational waste transfer station, and be carried out strictly in accordance with the approved Layout shown on Drawing No. E&R.23.069.1003 Rev A, and operated/retained as such thereafter.
Reason: To ensure proper control of the development and to reflect the information provided in the application, as the Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.
C 3. The building and fencing hereby approved shall be finished externally as shown on Drawing No. E&R.23.069.1004 Rev A, and retained as such thereafter.
Reason: In the interests of the character and appearance of the site and surrounding area
C 4. No development may be commenced nor any equipment, machinery or materials be brought onto the site for the purposes of the development until a tree protection plan which provides details of a Construction Exclusion Zone ('CEZ'), and suitable protective fencing for the adjacent trees has been submitted to and approved in writing by the Department.
Within the CEZ nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit.
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The implemented CEZ may only be removed when the construction work has been fully completed on the site.
Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality.
This application has been recommended for approval for the following reason. On balance, it is considered that although the proposal would not comply fully with the zoning of the site which is for industrial use, the overall proposed use is in keeping with the layout and general character of the site, and approved use of the site. It is also considered that the proposal by reason of the location, the availability of parking spaces and acceptable amenity impact on the neighbouring properties is considered to be acceptable. The development is, therefore, considered to align with the requirements of Strategic Policies 1, 5, and 10, General Policy 2, and Transport Policies 4 and 7 of the Strategic Plan.
Plans/Drawings/Information; This decision relates to the documents and plans received 25 October 2024, and the additional Photographs and Plan received 18 November 2024.
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Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
DoI - Highways Services - No objection DoI Highways Drainage - No objection Braddan Commissioners - No objection __
Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE PROPOSAL MAY BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL
1.0 THE SITE 1.1 The site is an area of land situated at the north-east end of the end of the Douglas Borough Operational Service Centre, Isle Of Man Business Park, Douglas, which is located along the eastern end of Barley Field Road. The site backs onto the playing fields associated with Ballacottier Primary School which sits directly north-west. To the south-west is a row of individual industrial units and to the west is the Greenhhill Communications Centre - Manx Telecom's facility.
1.2 The broader site area accommodates a range of operations run by Douglas Corporation, including administration, disaster recovery computer facilities, training facilities for health and safety, maintenance and storage including vehicle storage of road sweepers and refuse wagons. The facility was permitted under PA 04/1341/B.
1.3 Currently, the site houses a partly enclosed facility which forms the base for the operations of the recycling bulking facility on site, which was approved under PA 12/01025/B. Most of the compacted recycling stacks are currently stored in the open until they are moved. The machinery on site is also exposed to the elements. That application was the subject of an EIA.
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2.0 THE PROPOSAL 2.1 Planning approval is sought for Construction of 1no industrial unit to form a covered operational waste transfer station, including fencing alterations.
2.2 The proposed building will have a footprint measuring 16m x 12m. This pitch roofed building which would sit parallel to the boundary with the Ballacottier Primary School will be 7.2m tall (6m to the eaves). The external roof and elevations of this steel framed building will be finished in non-insulated plastisol of varying thickness. Eight (8) rooflights will be installed over the roof of the building, four on either roof plane. A roller shutter door will be installed on the southern elevation with access to the general access area, while a large opening (without a door) about 4m wide and 5.5m tall will be created on the west elevation leading into the proposed material deposit yard. The building will be finished in grey colour.
2.3 An area measuring about 182sqm, situated on the western side of the building would be fenced in 2.4m high dark green paladin fencing to create a Material Depot Yard for the facility. This restricted area of the site will have 2.4m high site gates to match the fencing around this enclosure.
2.4 The other sections of the site area will be partitioned to create and external bale storage area to the south of the building measuring approximately 37.4sqm, and another external bale storage area to the southeast of the building which will have an area measuring approximately 73.1sqm. There is no indication that the external bale storage areas will be fenced.
2.5 No changes is proposed to the vehicular access and roadway to this facility. There is a one-way traffic system within the site where traffic enters the site and passes round to the east of the building, round the back and past the western side of the building before exiting onto the estate road past the jet washing area, and this will remain unchanged. There are provisions within the site for dealing with dust, fires, noise, litter and drainage issues, and these would not be changed.
2.6 There would also be no change in the operations of the facility which will remain as approved in 2012; for the receipt, processing and storage of materials (glass, plastics, cans, paper and textiles) from both the kerbside and bring-bank collection points throughout the Borough's area. The sorting on site will include can sorting, baling, loading and moving the baled goods within the site for onward shipment (including forklifting and conveyor belt moving).
2.7 There will be a change in site level as indicated on the drawings which culminates in a cut of approx. 5m3 to be hauled off site for disposal at a licensed tip. No trees are to be removed from the development, although the site sits about 2m from the edge of the tree area.
2.8 The applicants have provided a Cover Letter which details the following: 1. The current Waste Transfer Station (WTS) is located outside and to the rear of Douglas City Council's Ballacottier Operational Service Centre. It is partially covered by an old shelter which is in a fragile state. 2. The WTS processes all the cans, plastic bottles and tins collected by the Council's Recycling Kerbside service, and also by local businesses which drop these materials off. 3. The WTS consists of various separators, conveyors and baling equipment - the result of which are baled plastic, tin and aluminium, ready to be shipped off site and sold. 4. The WTS equipment currently used is typical of the type of equipment used within the waste industry. 5. The WTS equipment is partially covered by the old shelter; within the WTS, vehicles tip their collected recyclate, ready for it to be processed. The current conditions are not ideal for
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the operatives, with them working outside in all weathers. The machinery is also exposed to the elements, which again is not ideal and reduces its longevity. 6. The desired outcome is to make the best of the area available for the processing of recyclate with the ability to repurpose if future decisions necessitate the need for removing or relocating the WTS equipment off site. 7. This project would both improve the current WTS and also allow future repurposing of the new structure, if required.
3.0 PLANNING POLICY 3.1 Site Specific 3.1.1 The site is within an area designated as Industrial/Business Park in the Area Plan for the East. The site is not within a Conservation Area, Registered Tree Area, and there are no registered trees on site. The site is also not prone to flood risks, although the access and rear of the main operational building of site is considered to be prone to high surface water flood risks.
3.2 Area: TAPE (2020) 3.2.1 The following parts of the Area Plan for the East are considered relevant: 1. Employment Recommendation 1: A cross-government study could be carried out to identify opportunities to improve the management of existing Industrial Estates to minimise vacancy rates and to also identify opportunities to facilitate investment in new sites (including through the development of a Technology Park(s).
Employment Recommendation 2: In the implementation of Employment Recommendation 1, consideration should be given to the identification of areas where: a) uses should be restricted to light industrial uses; or b) areas where 'bad neighbour' uses might be appropriate and consider the merits of safeguarded such areas for these uses.
3.3. National: STRATEGIC PLAN (2016) 3.3.1 Relevant Strategic Plan Policies: 1. General Policy 2 - General Development Considerations. 2. Strategic Policy 1 - Efficient use of land and resources. 3. Strategic Policy 2 - Priority for new development to identified towns and villages. 4. Strategic Policy 5 - Design and visual impact. 5. Transport Policy 7 - Parking considerations/standards for development. 6. Business Policy 1 - The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan. 7. Business Policy 4: Proposals for Special Industrial Buildings must be accompanied by an Environmental Impact Assessment. 8. Environment Policy 22 - deals with vibration, odour, noise and light pollution in relation to nearby properties. 9. Environment Policy 4 - protects biodiversity (including protected species and designated sites). 10. Transport Policy 1 - Requires new development to be close to existing public transport facilities and routes, including pedestrian, cycle and rail routes. 11. Transport Policy 4 - New and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan. 12. Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are; Infrastructure Policy 5, Community Policy 11, Community Policy 7 and Community Policy 10. 13. Paragraph 7.18.2:
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"For some types of development, EIA's will be required in every case, whilst other development will only require an EIA if the particular project is judged likely to give rise to significant environmental effects. Where development does not fall within these categories, (1) Environmental Impact Assessment is defined in Appendix 1 51 but still has a significant effect on the environment, the Department will require suitable supporting environmental information. The main criteria for judging significance are as follows: a. major developments which are of more than local importance; b. developments which are proposed in particularly environmentally sensitive or vulnerable locations; c. developments with unusually complex and potentially hazardous environmental effects." 14. Waste Policy 1: "Waste management installations, including landfill sites, civic amenity sites and facilities for the bulking up, separation, recycling, or recovery or materials from waste will be permitted provided that: (a) there is an acknowledged need for the proposal in accordance with the approved Waste Management Strategy; (b) there is no unacceptable adverse impact on local residents in terms of visual amenity, dust, noise, or vibration or as a result of the traffic generated thereby; (c) there would be no unacceptable adverse effect on: i. landscapes, geology/geomorphology and features of special interest or attraction; ii. Ancient Monuments or their settings; iii. Registered Buildings or their settings, or features of architectural importance; iv. the character and appearance of Conservation Areas; v. sites of archaeological interest; vi. sites containing species or habitats of international, national or local importance; vii. land drainage and water resources; viii. areas of woodland or the Island's timber resources; or ix. designated National Heritage Areas. (d) the proposal is acceptable in terms of access arrangements and highway safety; (e) in the case of landfill sites working shall be in accordance with a phased scheme of restoration and landscaping; (f) the proposal does not sterilize other significant mineral deposits; and that (g) the proposal will not have an unacceptable adverse impact on airport safety by, for example, increasing the risk of bird strike.
Landfill will only be permitted where it can be demonstrated that there is no alternative method for managing that waste. An application involving the installations or facilities referred to in this Policy"
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 WASTE POLICY AND STRATEGY 2012 - 2022: 4.1.1 It was adopted in 2012 and intended to be applicable until 2022. This refers to a general strategy where waste is ultimately reduced to zero through a series of reduction, reusing, recycling and ultimately disposal. The Vision towards zero waste will involve the provision of the necessary waste infrastructure, continuing to be guided by the appropriate principles, applying proportionate legislation and increasing the efficiency and effectiveness of our waste resources, taking into consideration the financial constraints facing the Island. This goes on to explain that the success and delivery of this approach will be measured by two high level performance targets - to recycle 70% of the Island's waste across sectors and secondly the commit to reduce waste to landfill to 5%. This is to be achieved by 2022 (page 4).
4.1.2 Policy 4 - Waste Infrastructure: states that we will ensure that the Island has access to an adequate network of waste storage, processing, treatment and disposal facilities developed in accordance with the principles of self-sufficiency, proximity and cost, whilst complying with the appropriate legislation.
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4.1.3 Appendix 1 (Waste Management 2010/11): The Strategy also identifies that 50% of the Island's waste is related to construction and demolition; 23% comes from household generated waste which is taken to recycling banks, kerbside recycling, street litter and 22% comes from the Island's commercial and industrial activities. The final stage in the management process is composting, recycling or landfill.
4.2 THE ISLE OF MAN'S BIODIVERSITY STRATEGY (2015 - 2025) 4.2.1 The Department's Biodiversity Strategy is capable of being a material consideration. It seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary.
5.0 PLANNING HISTORY 5.1 The following previous planning application are considered relevant to the current application: 1. PA 04/01341/B for Erection of Borough of Douglas Operational Support Centre (See supporting statement for further details) - Approved. This application was subject to four approval conditions.
a. Condition 2 defines the operations allowable on site: "This approval relates to the erection of an operational support centre (garaging, workshop and ancillary canteen, training area, store and administration) with associated car parking, access, fencing and landscaping all as shown in drawings reference 2190/05A, 00, 01 and 03 all received on 1st July, 2004 and 02A and 04A both received on 4th January, 2005."
b. The following comments were made in the assessment of the relationship with the neighbouring school: "Permission is sought here for the relocation of Douglas Corporation's opeational support centre which involves administration, disaster recovery computer facilities, training facilities for health and safety, maintenance and storage including vehicle storage of road sweepers and refuse wagons. The site incorporates a building approximately 50m by 63m with peripheral landscaping and parking for 108 vehicles including larger scale vehicles at the south eastern side of the site. Access into the site from the estate road takes the form of two access points leading to the car park and the other, to the west is an exit only leading from the vehicle depot access to which is from the rear. No indication is given to the treatment of the boundary between the site and the school playing fields although there is to be a secure compound towards the back of the site alongside the boundary.
Despite concerns raised by Mr. Jessopp I see no reason why this operation should be a bad neighbour to the school provided that the boundary screening is introduced and the site is sufficiently secure as any operation on this site should be. Presently there is a planted boundary between the two with temporary fence panels erected for security until the site is developed."
PA 12/01025/B for Creation of a recycling bulking up area - Approved. Condition 2 of the approval relates to the operations of the facility. It states: "This permission relates to the creation of a recycling facility as shown and described in the plans reference BE & S.12.007.1001. B, BE &S.12.007.1002 B, and the supporting information all received on 18th July, 2012 and the Environmental Statement received on 15th August, 2012."
6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
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6.1 DOI Highways Division find the proposal to have no significant negative impact upon highway safety, network functionality and/or parking as the site access and layout are acceptable for the proposals (8 Nov 2024).
6.2 DOI Highways Drainage have stated that allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. (19 Nov 2024).
6.3 Braddan Parish Commissioners have no objection to the application (27 November 2024).
6.4 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The main issues to consider with the current application are: 1. Principle of Development (STP1, GP2, BP1, TAPE, Policy 4 OF Waste Policy & Strategy 2012 - 2022); 2. Need for EIA (EP24, BP 4 and Section 7.18); 3. Visual Impact (GP2, STP 5); 4. Impacts on Neighbouring Amenity (Noise, Smell, Light) (GP2, EP22); and 5. Highway Impact (GP2. TP 1, TP7 & TP 8); and 6. Potential Tree Impacts (GP2 & EP3).
7.2 PRINCIPLE OF DEVELOPMENT 7.2.1 As the site is designated for Industrial Use, there isn't an automatic presumption in favour of the proposed development which is the reception of a building to support a waste facility. It is also vital to note that the Area Plan for the East has designated a dedicated waste site adjacent to the Energy from Waste facility which is an existing site for a specialist use, which would be suitable for housing the proposed development which has waste processing elements. As such, the development is broadly not in accordance with the designated use of the site on the Area Plan.
7.2.2 Notwithstanding the conflicts with the designation of the site within the Area Plan for the East, the industrial estate has been in place for a significant time and planning permission was granted for the use of the site as a recycling waste transfer facility under PA 12/01025/B, which is an extant use of the site. It is also noted that the new building would not be introducing new uses to the site, but would serve to improve the operations of the site with added environmental benefits. Therefore, it is considered that the proposed development would not be in conflict with the current operations of the site.
7.2.3 Likewise, the proposed development would align with the goals of Business Policy 1 which seeks the continuous growth of employment opportunities throughout the Island, given that the building would maintain the operation of the facility on site, with its staff also retained to ensure its continuous operation. As well, the building will improve the working conditions for the staff operating the facility in line with Strategic Objective 3.4 (a) of the Strategic Plan. The situation of the site within a major employment area on the Island, where there would be easy access to labour (Paragraph 9.2.2 of the Strategic Plan), with the location also benefiting from an integrated transport network that links the site to Douglas and other parts of the island, would further ensure the use is in accordance with SP10.
7.2.4 Further to the above, the facility has been operating in the open, with the current scheme serving to ensure that the use of the site is optimised, as the purpose built facility would be more suited to the layout and overall setting, such that there would be improvements in the environment of the facility, and this would ensure the scheme aligns with Strategic Policy 1(b) of the Strategic Plan, which seeks to ensure the efficient use of sites, taking into account the needs for landscaping and amenity standards.
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7.2.5 For these reasons, it is considered the principle of the development would be acceptable.
7.3 NEED FOR EIA 7.3.1 In ascertaining the need for the EIA, it is noted that the proposed development would not fall for a development requiring the submission of an EIA, as required by Business Policy 4 which states that "Proposals for Special Industrial Buildings must be accompanied by an Environmental Impact Assessment." However, the building is not for a new use which would be introducing the special industrial operation to the site, as the initial application which introduced the use under PA 12/01025/B (which was accompanied by an Environmental Statement).
7.3.2 Granting the building would support installations for the disposal of waste (See Appendix 5 [j]), as has already been noted, this operation is already on site, and no added facilities are proposed to be brought on site, with the key aim to protect the extant structures on site. Therefore, it is not considered that the new building would require an EIA. Besides, the scale of the new building which only measures 168sqm, is not such that would be considered to generate significant environmental concerns. As such, it is not considered that further environmental information would be required at this stage.
7.4 VISUAL IMPACT 7.4.1 With regard to the visual impacts of the development on the site and surrounding area, it is considered that the proposed development would result in significant improvements in the appearance of the site and area, given that it would tidy up the area by creating a purpose built facility which would contain the operations indoors. This would ensure that the character of the site as a facility within an industrial area is retained; a condition that is better than the current state with exposed stacks of processed and unprocessed recyclable materials.
7.4.2 Likewise, the trees on the site boundary which serve to conceal the site and define the character of the site area would be retained, and this deemed to be an acceptable form of development when considered in the light of General policy 2 (b & c).
7.4.3 Overall, the proposal is considered to make a positive contribution to the wider environment when viewed from the surrounding area which is largely industrial. Thus, the proposal is considered to be in keeping with the broader industrial area, and would not result in adverse visual impacts on the character of the site and surrounding area.
7.5 IMPACTS ON NEIGHBOURING AMENITY 7.5.1 In assessing the potential impacts on neighbouring amenity as a result of the proposed development, the main concern here lies in the potential for smells and other air pollution concerns, as well as water pollution as a result of surface water flows from the exposed facility. As the new facility is intended to prevent the continuous processing of the recyclables in the open, it is judged that the proposal would result in diminished impacts on neighbours, particularly for the playing fields within the Ballacottier Primary School, which sits directly adjacent the facility. It is worth noting that some of the recyclables are not washed before they are sent to the facility, thus the open air processing of these hold the potential for increased composition and its associated smell, a condition that would not be easily evident for an enclosed processing facility.
7.5.2 Similarly, the impacts associated with the use of the facility in terms of vehicular movements will remain unchanged as there would be no change to the mode of operation of the facility. Therefore, any implications for noise and smell would be considerably lower than that associated with a new facility with a new scale and type of operation on site.
7.5.3 It is also not considered that there would be any impacts on neighbouring amenity related to light pollution as the proposal does not propose to install new outdoor lighting or
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alter the lighting arrangement for the current site. Moreover, there are lighting requirements for industrial sites to enable their safe operation, and these would also be applicable for the site which is part of a broader operational site.
7.5.4 It is noted that the operations of the site could create other concerns related to dust, odour and noise. However, the operations of the site is subject to other regulatory controls such as the Waste Disposal Licence and Environmental Health legislation which will be subject to conditions requiring appropriate protection of health and the environment. Therefore. It is considered that no specific planning conditions are required to control these.
7.6 HIGHWAY IMPACT 7.6.1 In assessing the highway impacts of the current scheme, it is considered that there would be no alterations to the site entrance which is considered suitable to support the proposed use, and it is not proposed to increase the intensity and mode of operations for the site. This will ensure that vehicular access and exit from the site is acceptable.
7.6.2 In terms of off road parking, the broader site has a parking allocation of 95 cars, which would be sufficient for the operations of the facility, given that no change is proposed to the site layout or operations of the facility, and this aligns with Transport Policy 7. As well, the site is within close proximity a public transport corridor for the estate, which would ensure that public transport options are available to staff and visitors to the site, conditions which align with the requirements of Transport Policy 1 of the Strategic Plan.
7.6.3 In addition, Highway Services have reviewed the proposal and raise no objection to the application. Therefore, it is considered that the proposal would align with TP1, 4 and 7, and GP 2 (h&I) of the Strategic Plan, which relate to highway safety and parking requirements.
7.7 POTENTIAL IMPACT ON TREES 7.7.1 In assessing potential impacts of the development on the adjacent trees, it is considered that the proposal would not bring built development closer to the adjacent trees. This is hinged on the fact that the proposed north-eastern wall of the building will be no closer to the trees that the hard standing area defined by the existing fencing boundary by these trees. This would mean that the building will not protrude into the Root Protection Areas (RPA's) of these trees. There is, however, potential for some works around the trees to enable the construction of the new building. As such, a condition would be imposed to ensure that a plan which details tree protection measures for the adjacent trees is provided, and forms the basis for activities around the trees on the site boundary.
8.0 CONCLUSION 8.1 Overall, whilst it is noted that the planning application would not comply with the relevant Strategic Plan Policies, as it would not comply with the zoning of the area for industrial use, the proposal would be in keeping with the approved use of the site as a waste transfer facility, and would have no significant adverse impact on the visual amenities of the site or surrounding area, or harm the use and enjoyment of neighbouring properties or the highway network. The proposal would also improve the environmental setting, whilst improving the operations of the facility. The application is, therefore, recommended for approval.
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);
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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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made : Permitted
Committee Meeting Date:...09.12.2024
Signed : P VISIGAH
Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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