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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 24/91212/B Applicant : Mr Justin Young Proposal Conversion of existing outbuilding to ancillary family accommodation Site Address Ballacarnane Mooar Farm Peel Road Kirk Michael Isle Of Man IM6 1HN
Case Officer :
Vanessa Porter Photo Taken :
19.12.2024 Site Visit :
19.12.2024 Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 03.02.2025
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 habitable accommodation within the proposed garage/store hereby permitted shall remain ancillary to the host dwelling "Ballacarnane Mooar Farm" and shall not be used as a self- contained independent residential unit.
Reason: In the interests of sustainable development and to safeguard the countryside for its own sake.
C 3. The use of the garage/store here by approved shall only be used in accordance with the internal layout shown on drawing No. J/8347/1 (A) received on 5th November 2024.
Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the curtilage.
C 4. Notwithstanding the details provided within this application, no permission is given to the use of the existing garage/ store as tourist accommodation or as separate residential accommodation not ancillary to the main dwelling.
Reason: The application has been assessed on the basis of ancillary accommodation only
C 5. 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
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modification), no development shall be undertaken under Class 38 in relation to the installation of new windows and alterations to the North Western elevation only other than those approved under this application, as shown on drg no J/8347/1(A).
Reason: In the interests of neighbouring amenity.
This application has been recommended for approval for the following reason. The proposed alterations to the existing garage are deemed to be acceptable with conditions regarding the ancillary use, as the proposal is deemed to be of an appropriate form, mass and design, which would not be a detriment to the character of the wider locality and as such complies with Spatial Policy 5, General Policy 2 & 3 and Environment Policy 1 & 2 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 5th November 2024; o Drawing No. J/8347/2 (A) o Drawing No. J/8347/1 (A)
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Right to Appeal
It is recommended that the following organisations/ properties should NOT be given the Right to Appeal: DOI Highway Services - No objection Lowena House - No objection (subject to condition)
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Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
THE APPLICATION SITE 1.1 The application site is within the curtilage of Ballacarnane Mooar Farm, which is a detached property with outbuildings situated to the South East of Peel Road. The specific part of the site in relation to this assessment is a garage situated to the Western side of the residential curtilage.
1.2 The site is accessed via a private shared road with Lowena House, which is situated to the West of the site and at a lower elevation to Ballacarnane Mooar Farm. There is enough parking within the front of the site for several cars.
1.3 Due to the elevation gain of the site in relation to the main Peel Road, views are fleeting and minimal of the property, with any views being of Lowena House.
THE PROPOSAL 2.1 The current application seeks approval for the change of use and alteration of the existing garage/store into ancillary living accommodation. The proposed alterations are to the existing store and include the installation of replacement uPVC windows, replacement composite doors,
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replacement roof with insulated roof sheeting and the installation of two velux rooflights to the Western side of the roof.
2.2 Internal alterations to the store will create a porch, open plan living/kitchen area, two bedrooms and a separate bathroom. The existing garage is to stay as a garage.
PLANNING HISTORY 3.1 There are several previous applications upon the site as a whole, of which the main dwelling was extended under PA06/00717/B and the neighbouring property was built under PA16/00637/B.
PLANNING POLICY 4.1 The site lies within an area zoned as "Not for Development" and an "Area of High Landscape or Coastal Value and Scenic Significance," on the 1982 Development Plan, North Map. The property is not within a Conservation Area or a Flood Risk Zone.
4.2 STRATEGIC PLAN Strategic Policy 1 - development should be located to make best use of previously developed land, redundant and underused buildings and utilising existing infrastructure; Strategic Policy 2 - focuses new development in existing settlements unless complies with GP3; Strategic Policy 3 - to respect the character of our towns and villages Strategic Policy 5 - development must be well designed; Strategic Policy 10 - development should promote integrated journeys, minimise car use and facilitate other modes of travel; Spatial Policy 1 - priority to Douglas for development Spatial Policy 2 - identifying Service Centres for development Spatial Policy 3 - identifying service villages Spatial Policy 4 - remain villages Spatial Policy 5 - building in defined settlements or GP3 Spatial Policy 5 - new development will be in defined settlements only or in the countryside only in accordance with GP3; General Policy 2 - detailed 'development control' considerations; General Policy 3 - acceptable development in areas not zoned for development; Environment Policy 1 - the countryside must be protected for its own sake; Environment Policy 42 - new development should be designed to take into account the character and identity of the area; Community Policy 7 - designed to prevent criminal and antisocial behaviour; Community Policies 10 & 11 - implement best practice so as to reduce the outbreak and spread of fire; Housing Policy 4 - new housing will be located primarily within the existing towns and villages Housing Policy 11 - conversion of existing rural buildings list Transport Policy 1 - best located close to existing transport links Transport Policy 4 - safe and appropriate provisions for journeys; Transport Policy 7 - parking standards Infrastructure Policy 5 - methods for water conservation
4.2.1 Given the nature of the residential property and the land designation paragraph 8.12.1 and General Policy 2 from the Isle of Man Strategic Plan 2016 are most relevant to its assessment which set out the general standards towards acceptable development.
4.3 DEFINITION OF CURTILAGE 4.3.1 Definition of curtilage is found within Appendix 1 of the Isle of Man Strategic Plan 2016 and states, "The area of land attached to and around a building, used with the building and within which the building is set (e.g. the garden and driveways of a house, the storage yard of a factory). Land used with a building but severed from it by, say, a highway or service land is not part of the curtilage of that building.
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4.4 OTHER MATERIAL MATTERS 4.4.1 Planning Circular 3/91 - Guide to the residential development in the countryside.
4.4.2 Residential Design Guide (2021) - This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
4.5 HISTORIC UK CASE LAW 4.5.1 Dancey & Co v SoS & Lewes DC 1980: In Dancey & Co v SoS & Lewes DC 1980 the basic premise that curtilage definition is essentially a matter of fact and degree was established. In Methuen-Campbell v Walters 1979 a paddock attached to a garden was not considered to be within a curtilage as it was separated by a fence and not therefore intimately associated. The Methuen-Campbell case was quoted in James v SoS & Another 09/10/1990 where a tennis court had been erected some l00 metres distant from a house beyond an area of undergrowth and rough grass and a partial and indistinct line of trees and shrubs. It was held that an inspector had been correct in deciding that curtilages did not have precise limits and that each situation must be considered according to the facts of each particular case.
4.5.2 Gravesham B.C v SSE (1984) P. & C. R. 142: In an enforcement appeal the Secretary of State determined that a building was a dwellinghouse and that decision was upheld in the High Court. Mr Justice McCullough stated that the issue is one of fact. A distinctive characteristic of a dwellinghouse was its ability to afford to those who use it the facilities required for day-to-day private domestic existence. He noted that the use to which a building is put may be relevant but is not conclusive. For example, a wooden shed consisting of an office, w.c. and washbasin could hardly be turned into a dwellinghouse because someone put furniture in it and lived there.
4.5.3 In Attorney-General ex.rel Sutcliffe, Rouse & Hughes v Calderdale BC 1983 the Court of Appeal accepted that three factors had to be taken in determining what constituted a curtilage a) the physical layout of the building and structure, b) ownership past and present, and c) use and function past and present.
4.5.4 In the Court of Appeal in Sumption v London Borough of Greenwich 08/04/2008. The court summarised from the authorities the three tests to be used to address the question of curtilage. First, a single ownership is neither necessary nor sufficient to make land a single curtilage. Two, co-occupation of the house and land is not sufficient. Third it is not necessary for the land to be useful, advantageous or necessary to the dwellinghouse for it to be regarded as part of the curtilage. The court also emphasised that it also essential a matter of fact and degree.
4.5.5 In Barnett v SoS & Another 23/03/2009 the Court of Appeal had to consider whether one or other of two planning permissions had defined a curtilage and, if so, its extent, as the submitted site plans were inconsistent with each other. Planning permission had been granted in 1995 for the erection of an estate manager's dwelling on agricultural land and in 1998 planning permission was granted for a single-storey extension and alterations to that dwelling. Subsequently, an area outside the site granted planning permission in 1995 but within a red line site plan accompanying the 1998 application was brought into garden use and leisure facilities constructed there. Refusal of retrospective planning permission and subsequent enforcement notices were appealed. The appeal court upheld the high court finding of a distinction between the situation where permission was granted for a new dwelling house, whose curtilage would normally be identified by the site as defined on the site plan, and the situation where permission was sought to alter or extend an existing dwelling which had an existing curtilage. Permission to construct a new dwelling on non-residential land in effect contained a built-in application for change of use to residential purposes and defined the extent
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of the land so covered. The court concluded that since there had been no application for a change of use as part of the 1998 application, the curtilage could not be extended merely by submitting or subsequently relying on a site plan covering a wider area.
REPRESENTATIONS 5.1 The following representations can be found in full online, below is a short summary;
5.2 Highway Services have considered the proposal and state, "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the site access and layout are acceptable for the relatively small ancillary proposals, providing the proposals are conditioned as ancillary to the existing use of the site (for site access and internal access road layout safety purposes). (08.11.24)
5.3 Michael Commissioners were consulted on the 6th November 2024, no comments have been received at time of writing this report. (15.01.24)
5.4 The owner/occupier of Lowena House has written in to add comments to the application, with comments being raised about privacy, existing infrastructure and sewers, existing access to the site, boundary protection and future building modifications. (26.11.24 & 28.11.24)
PREAMBLE 6.1 It should be noted that there is a discrepancy within the application proposal, application form and the drawings, all of which state something different for the change of use. Having discussed the application with the booking on officer, they stated that the spoke with the applicant over the phone and that is why the application proposal does not match the application form. This was further corresponded with, whilst the officer was on site during a site visit where the applicant stated that the outbuilding was to be used by his parents/his other half's parents and ancillary to the main dwelling. At no point was the proposal discussed as being used fully as a new residential dwelling or as a tourist unit.
6.2 With the above in mind, conditions have been attached to the application to correspond with the proposed ancillary use of the application site.
ASSESSMENT 7.1 The main issues to consider in the assessment of this planning application are as follows:
7.2 PRINCIPLE / COMPLIANCE WITH HOUSING POLICY 11 7.2.1 The starting point for any application is the land designation, which for the application site is the 1982 Development Plan which make it clear that the site is situated within a rural and protected part of the countryside where any development is strictly controlled, with the site not being allocated specifically for any development.
7.2.2 The site sits outside of the closest "settlement boundary" which is Kirk Michael to the North East of the site and Peel which is situated to West of the site, which is a requirement of Spatial Policy 5 in that new development should be located within defined settlements, and if not development will only be permitted in the countryside in accordance with General Policy 3.
7.2.3 With the above in mind, General Policy 3 is the most relevant policy when assessing this application, given that the site sits within the open countryside, and outside any defined settlement boundary. In the first instance whilst the site has a structure on it, the proposal isn't for the rebuilding of the structure nor is it counted as a significant amount of building, the
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proposal isn't for the replacement of an existing rural dwelling as such the proposal fails parts c) and d) of General Policy 3.
7.2.4 The proposal is not location dependent nor in the relation to the working of minerals or the provision of necessary services, the proposal isn't essential for the conduct of agriculture or forestry nor is there an overriding national need or the site is required for the interpretation of the countryside, its wildlife or heritage, as such the proposal fails parts e), f) g) and h) of General Policy 3.
7.2.5 This then leaves part b) of General Policy 3, which states, "(b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest; (Housing Policy 11). When looking at Housing Policy 11, the policy itself is directly related to the conversion of redundant buildings into dwellings, which is defined as a building occupied for residential purposes, as such the proposal to convert the existing garage/store into ancillary accommodation would fit within this.
7.2.6 Housing Policy 11 has seven parts of which part a) states that the structure must be redundant from its original use. It should be noted that there has been no information supplied with the application to state that it is redundant from its original use. Whilst this is the case, the existing use of the site is a store and small garage, during the officers site visit it was seen that the store was used but the items which were stored within the site could easily be stored elsewhere on the overall plot of land, especially when knowing there are other outbuildings upon the site.
7.2.7 Turning to part b) of Housing Policy 11 and whether the garage/ store is substantially intact and capable of renovation. No evidence has been provided to state that the structure is substantially intact and capable of renovation with the application, whilst this is the case, the garage/ store could be seen not to be historic and during the officers site visit there were no underlying issues with the structure and no visible structural issues. It is noted that the proposal includes a new roof and windows/ doors to the site, which are generally more to do with upgrading the overall garage/ store than due to the structural integrity of the garage/ store.
7.2.8 When looking at whether the proposal complies with part c) of Housing Policy 11, the structure is a new build masonry built structure, it is not a building of architectural, historic or social interest as such the garage/ store would not comply with part c) of Housing Policy 11.
7.2.9 Turning towards part d) of Housing Policy 11, which requires that the structure should be large enough to form a satisfactory dwelling. The proposal shows the existing garage being kept, with the store part of the site being converted into an open plan kitchen/ living room, with two separate bedrooms and a separate WC. As such from the plans provided the proposal would comply with part d) of Housing Policy 11.
7.2.10 Part e) of Housing Policy 11 states that the proposal should not be considered incompatible with the adjoining established use of the neighbouring properties, which are residential. The proposed residential use of the garage/ store and its impact on neighbouring properties is assessed further down within this report, with regards to complying with Housing Policy 11, there is no reason to assume that the proposed residential use would not be incompatible with the adjoining uses, although the additional comings and goings associated within its use would be more impacting that its existing use as a garage/store.
7.2.11 With regards to part f) of Housing Policy 11 and whether the proposal supplies satisfactory services without reasonable public expense. The application form provided as part of the application states that services would be shared with the main dwelling.
7.3 CURTILAGE DEFINITION AND ACCEPTABILITY OF ANCILLARY USE OF THE BUILDING
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7.3.1 In most cases, the definition of a curtilage does not cause much controversy. This is because although ownership is not on its own a determining factor, the boundary of a private garden or the extent of the land surrounding business premises is normally defined on the ground by some physical features and by function as a matter of fact and degree.
7.3.2 It's unclear from the past history of the site on whether the existing garage/ store would have been within the residential curtilage of the site, the reasoning for this is that there is no planning permission for the garage/store, whilst it is seen on the first aerials provided to the government (2001) and as such immune from the issue of an enforcement notice. As the definition of curtilage states within section 4.3 of this report, the residential curtilage can extend to the site due to its existing use as a garage/store.
7.3.3 This then brings forward the proposed ancillary use of the building, when looking at ancillary accommodation, it must be subordinate to the main dwelling with its function being supplementary to the use of the existing dwelling. Such additional accommodation should normally be attached to the existing property and internally accessible from it, which is can clearly be seen, is not part of this proposal.
7.3.4 In this regard, there is clear case law that has accepted that self-contained accommodation as being ancillary to the main dwelling, such cases include when the unit would be occupied by a dependant relative and who might pay the bills etc. However, in most cases the test of whether a development comprises as a separate planning unit rests upon its severability i.e. if the ancillary accommodation could practically and viably operate on its own were the primary use of the premises cease to be in the ownership of the same person.
7.3.5 With the above in mind, there are several tests which can be put forward to assess what the possibility of the severability of the site would be. The first test would be whether the proposal is subordinate to the main dwelling, it can clearly be seen that the proposal is with it being single storey and only part of the garage/ store, with the garage still staying as a garage. The next is whether there is a clear link to the main dwelling, this one is more harder to assess, the proposed ancillary accommodation is completely separate to the main dwelling, with the entrance into the site being situated away from the main dwelling within the parking for the proposal likely being situated next to the porch away from the main dwelling, and not in the existing garage, as such it would fail this test.
7.3.6 The next would be whether the ancillary accommodation would share a common access and be within the residential curtilage of the main dwelling. As discussed above whilst it is unsure on whether the proposal would be within the residential curtilage, it could be stated due to its existing use it would be. When looking at whether the proposal would share a common access, there is only one entry and exit from the site, which is situated down part of a private lane, that meets and is adjoined with the private entrance for Lowena House, situated to the north of the site.
7.3.7 When looking at whether the proposal would have a functional connection with the main dwelling, as stated it is acknowledged that the proposed ancillary accommodation would offer accommodation for elderly relatives of the applicant (as stated in part 6.1 of this report) and it is also acknowledged that the overall site would be within the same ownership of the main dwelling. Due to the proposed ancillary nature of the site, this would be conditioned as such.
7.3.8 The last part on whether assessing whether the site would be ancillary from the main dwelling would be whether the ancillary accommodation could be encompassed within the main dwelling at a later date, that there is no boundary demarcation or sub division and whether the site would have the necessary facilities if separated.
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7.3.9 As stated previously, the amenities for the site such as foul sewerage, electric etc. are all going to be shared with the main dwelling, as such from this point of view it would be very hard to separate the site from the main dwelling without substantial infrastructure to do so.
7.3.10 From the officers site visit it was clear that the site could potentially be separated from the main dwelling with regards to the subdivision of the front area of the site. There was several parking spaces and a couple of front gardens, of which one was situated to the front of the proposed ancillary accommodation and separated from the main dwelling by means of parking and part of a driveway. It's also noted that due to the one entry into the proposed ancillary accommodation, the self-contained nature of the proposal and where the parking is likely to be, the site could be used completely separate to the main dwelling.
7.4 DESIGN AND VISUAL IMPACT 7.4.1 The alteration to the main structure is minimal, with the main alteration being noticeable is the replacement roof. Whilst this is the case the proposed roof is not an unknown detail seen within the countryside and as such the proposal is deemed to be acceptable from a design and visual impact perspective, including upon the wider landscape, in compliance with General Policy 2 (b) & (c), and Environment Policies 1 and 2 of the Strategic Plan.
7.5 NEIGHBOURING AMENITY 7.5.1 The location of the garage/store is on the boundary line between Ballacarnane Mooar Farm and Lowena House, of which comments have been raised by. Having visited the site, the request to obscure the windows within the site would not achieve any reduction in overlooking, with the windows within the garage/store being very high up and not easily viewed out of. There is also a decked/step area directly adjacent to the garage which goes into the main kitchen of the main dwelling which provides substantial overlooking onto the same area in which the high set windows would.
7.5.2 With regards to the comments raised regarding the drainage existing on site, the application form provided by the applicant's states that there is no change to the existing gulley's and drains and that the existing will be used. The same with the foul sewerage which will go into the existing septic tank.
7.5.3 Noting that future Permitted Development orders could allow the alteration of windows within the North West elevation it is deemed appropriate to remove Permitted Development for windows on this elevation. Ultimately it is deemed that with the proposed condition regarding the windows within the North West elevation the proposed ancillary use of the garage/store would pose no material impact upon the amenities of the nearest property with regards to Planning.
CONCLUSION 8.1 Overall, the purpose of the planning system is to control the use and development of land in the public interest. That requires a consideration of what is most appropriate for the population of the island as a whole. The protection of the Manx countryside from development and the presumption that new housing should be directed to locations consistent with the principles of sustainable development are two of the most important themes running through the Strategic Plan, the purpose of which is to establish a consistent framework within which the public interest can be served by the planning system. When making a planning decision that has permanent consequences (such as the erection of a dwelling as is proposed here) it is also essential to bear in mind that the development sought will endure long after the circumstances of the current applicant have ceased to exist.
8.2 The site is not designated for development, is not within any settlement boundary and is not a building of historic, architectural or social interest warranting it an exception to development in the countryside country to Strategic Policy 2, Spatial Policy 5, Environment Policy 1, General Policy 3 (b), as it wouldn't meet the key test of Housing Policy 11, part (c).
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8.3 Whilst this is the case, it is noted that the proposal would meet all other aspects of Housing Policy 11, it's could be stated to be situated within the residential curtilage of the main dwelling and whilst it can clearly be seen that the site is self contained and can be separated from the main dwelling, due to the entry into the ancillary accommodation, the proposed parking and the possible front garden to the ancillary accommodation, the impact of this on the main dwelling would be substantial. Not only with regards to the infrastructure needed to do this, such as separate foul sewerage but also due to the residential curtilage of the site and how the front area of the site is clearly used and the fact that the garage would still be used as a garage.
8.4 Ultimately the proposed alterations to the existing garage/ store are deemed to be acceptable with conditions regarding the ancillary use, as the proposal is deemed to be of an appropriate form, mass and design, which would not be a detriment to the character of the wider locality and as such complies with Spatial Policy 5, General Policy 2 & 3 and Environment Policy 1 & 2 of the Isle of Man Strategic Plan 2016, with conditions to clearly state that the proposal is ancillary to the main dwelling and can only be used this way.
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. __
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it 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.
Decision Made : ...Permitted... Committee Meeting Date:...10.02.2025
Signed : Vanessa Porter 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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Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/ customers and archive records.
PLANNING COMMITTEE DECISION 10.02.2025
Application No. :
24/91212/B Applicant : Mr Justin Young Proposal : Conversion of existing outbuilding to ancillary family accommodation Site Address : Ballacarnane Mooar Farm Peel Road Kirk Michael Isle Of Man IM6 1HN
Planning Officer : Vanessa Porter Presenting Officer As above
Addendum to the Officer’s Report
Planning committee unanimously accepted the recommendation of the Case Officer with the addition of the below condition regarding the proposed roofing material;
C6 - Prior to commencement, details of the finishes and sample of the material to be used in the proposed roof, must be submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.
Reason: In the interests of the character and appearance of the site and surrounding area.
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