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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90046/B Applicant : Daryl Blake Construction Ltd Proposal : Erection of a detached bungalow Site Address : Former Pound Lane Depot Castletown Road Port St Mary IM9 5LT
Planning Officer: Russell Williams Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 25.03.2025 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The application site is located in the open countryside on land that is not zoned for any particular purpose. Residential development of the site would not accord with the adopted settlement hierarchy and would encourage unsustainable development. Accordingly it is contrary to Strategic Policy 1, 2, 3 and 10 together with Spatial Policy 5 of the Strategic Plan.
R 2. The principle of development for the erection of a dwelling is not acceptable due to the application site being located in a rural and protected part of the countryside where any development is strictly controlled with the land not being zoned for any particular purpose. The proposal would be contrary to the provisions of General Policy 3, Housing Policy 4 and Environment Policy 1, which seek to protect the countryside for its own sake and the development will adversely affect the countryside which will not be permitted unless there is an over-riding national need in land use planning terms. The application fails to demonstrate an overriding national need which outweighs the requirement to protect these areas and there are reasonable and acceptable alternative site available on which new housing can be delivered.
R 3. The design and scale of the proposed dwelling, together with its finished appearance would not be sympathetic to the rural character of the area and. The resulting prominence of new residential development within the landscape will cause demonstrable harm to the character and appearance of the rural street scene and landscape setting, on land that is not zoned for any purpose. The proposed development is therefore contrary to Strategic Policy 5 and General Policy 2 (b & c) of the Strategic Plan. __
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No objection
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Arbory and Rushen Parish Commissioners - Support. Does not set out material planning considerations __
Officer’s Report
1.0 THE SITE
1.1 The site is a parcel of land which lies on the southern side of the Castletown Road (A5) which runs between Four Roads, Port St. Mary and Bay ny Carrickey, Rushen. The site has a frontage to the road of 11m and the site widens towards the rear boundary.
1.2 The site has stone walls along its frontage with sections of the site elevation partly enclosed in the stone which continues towards the rear elevation where the walls are rendered. The site is laid to a stone hardstanding and devoid of structures or features within.
1.3 The nearest adjacent properties are two residential dwellings to the west - Douval and Brook Cottage (both small bungalow with pitched roof and bookended with chimney stacks) and on the other side of the road, slightly to the east, is the Southern Civic Amenity site.
1.4 To the west of the application site is a public right of way / footpath U203 labelled on the Govt mapping as 'Pound Lane' that connects from Castletown Road and runs south and connects onto Beach Road.
1.5 It is noted on the Government maps the site is adjacent to a small stream that runs underneath the highways which flows from north to south. The site is also identified on the DOI Flood risk maps as being a High risk flood zone (River) The highway to the front (north) is identified as also High Risk Flood zone (river and Tidal).
2.0 THE PROPOSAL
2.1 The application seeks Full planning permission for the erection of a single storey dwellinghouse on the site.
2.2 The dwelling would comprise a 3 bedroom property with three bathrooms and open plan living, kitchen and dining space.
2.3 The building design is that of a simple bungalow containing projections to the front, side and rear. The roof will be hipped, with additional hips to the projecting elements. The building will be finished externally in a combination of dark stone cladding panels, dark grey composite cladding and smooth render to the walls, anthracite Marley Birk roof tiles, anthracite uPVC fenestration and dark coloured rainwater goods. Solar panels will be installed to the front and rear roofs.
2.4 The dwelling will utilise the existing access with parking and turning space to the front. Private gardens will be located to the side and rear. As indicated on the amended Dr No. 1583.10 Rev1, visibility splays across the site frontage and highway edge will measure 2.4m x 47m.
3.0 PLANNING POLICY
LOCAL PLAN
3.1 The site lies within an area designated on the Area Plan for the South as not for a particular purpose (white land) on Map 7 - Port Erin / Port St. Mary. Map 2 identifies the site as an area of Incised Slopes. The site is not within a Conservation area, there are no registered
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trees identified on site but the site is identified as being within High Risk Flood Zone (River and Tidal) on the DoI's Flood map hub. Within the adopted Isle of Man Strategic Plan 2016, the following policies are considered to be relevant in the determination of this application:
3.2 Strategic Policy 1: "Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under- used land and buildings, and re-using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."
3.3 Strategic Policy 2: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."
3.4 Strategic Policy 4 states that proposals for development must: "(a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead to unacceptable environmental pollution or disturbance."
3.4 Strategic Policy 5 states that "new development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies."
3.5 Strategic Policy 10: "New development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement"
3.6 Strategic Policy 11: "The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 5,100 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2011 to 2026."
3.7 Spatial Policy 5: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3."
3.8 General Policy 2 of the Strategic Plan is considered applicable, which states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
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(c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."
3.9 General Policy 3: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."
3.10 Environment Policy 1: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over- riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
3.11 "Environment Policy 4: Development will not be permitted which would adversely affect: (a) species and habitats of international importance: (i) protected species of international importance or their habitats; or (ii)proposed or designated Ramsar and Emerald Sites or other internationally important sites. (b) species and habitats of national importance: (i) protected species of national importance or their habitats; (ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or
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(iii) Marine Nature Reserves; or (iv) National Trust Land. (c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats. Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward."
3.12 Environment Policy 10: "Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission."
3.13 Environment Policy 13: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted."
3.14 Housing Policy 4: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."
3.15 Transport Policy 1: "New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes."
3.18 Transport Policy 4: "The 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."
3.19 Transport Policy 7: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 Planning Circular 3/91 Guide to the Design of Residential Development in the Countryside is a material consideration.
5.0 PLANNING HISTORY
5.1 The application site benefits from the following planning history:
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20/00996/C - Levelling of site, erection of wall up to 1.5M and laying of hardcore hardstanding. Permitted.
21/00857/B - Erection of a dwelling. Refused.
23/00857/B - Installation of a storage container. Withdrawn.
6.0 REPRESENTATIONS
6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows:
6.2 Arbory and Rushen Parish Commissioners - Support the application - no detailed comments provided.
6.3 DoI Highways Services - Highway Services HDC have reviewed the updated plans for application 25/90046/B dated 20 Feb 2025 online and can comment that the Applicant has addressed the comments sent on the 29 Jan 2025. The access visibility splays are similar to that of the previous application on the site which HDC did not oppose. Accordingly, HDC do not oppose (DNOC) the application subject to access, access visibility splays, parking and vehicular turning approved on the proposed plans implemented before first occupation and retained thereafter (via condition). The first 6m of driveway from the adopted highway should also be conditioned to be bound and consolidated.
6.3 No representations have been received from members of the public.
7.0 ASSESSMENT
7.1 The main issues to be considered in the assessment of this application are as follows:
The principle of development; Impact of the proposed development upon the character and appearance of the landscape; and Highway Safety Flood Risk
PRINCIPLE OF DEVELOPMENT
7.2 The application site is located in the open countryside and is designated as being not zoned for development under the Area Plan for the South. As a consequence, there is a general presumption against granting planning permission for new development in the countryside, which Environment Policy 1 seeks to protect from development for its own sake. Only in exceptional circumstances will development be permitted in the countryside, which requires compliance with one or more criteria set out in General Policy 3, or compliance with another Strategic Plan policy that specifically supports the proposals.
7.3 In the Adopted Isle of Man Strategic Plan (2016), Strategic Policy 2 prioritises the location of new development within existing towns and villages, and advises that development in the countryside will only be permitted in exceptional circumstances as identified in Paragraph 6.3 'Development outside of areas zoned for development' of the Strategic Plan. Spatial Policy 5 goes on to confirm that "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3." While the site is located along a service road and there are properties sporadically located along its length, it cannot be said the site sits within either Port Erin or Port St. Mary's defined
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areas and is very much part of the open countryside as previously identified. The location is not considered to be sustainable for new housing.
7.4 General Policy 3 indicates (amongst other things) that: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10);" It is acknowledged that the site would fall to be considered as "previously developed land" on which General Policy 3 does allow for development, but only where the site "contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment." The site clearly does not contain a significant amount of building and so the proposal fails to comply with GP3 (c). The wider impact of the development upon the area is considered in detail later in this report.
7.5 Housing Policy H4 indicates the same as General Policy 3 advising (amongst other things) that: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstance, which include the creation of agricultural workers dwellings, the conversion of traditional buildings or replacement dwellings. The proposed development fails to meet any special circumstance set out within Housing Policy 4.
7.6 The proposed development does not comply with the adopted spatial strategy for delivering housing on the Island nor any pertinent housing policy. As such, only if special circumstances exist will the development be permitted by General Policy 3.
7.7 Having regard to General Policy 3, it is considered that none of the listed criteria are met by the proposed development. In regard to the sustainable delivery of housing, there is clear conflict with Strategic Policy 2, General Policy 3, Environment Policy 1 and Housing Policy 4, which carry significant weight in the determination process.
7.8 In addition to the above, the proposed development is located in an unsustainable location, remote from services, facilities and tourism attractions upon which future occupiers will generally be reliant upon. The development will therefore foster a need to travel by motor car given the lack of accessibility between the site and services via public transport, on foot or bicycle. The development therefore conflicts with sustainability objectives laid out Strategic Policies 2 and 10 (a) and (b).
7.9 In conclusion, the proposed development is located in the countryside where the Development Plan seeks to restrict new development proposals. There is no policy support within the Strategic Plan or Area Plan for the proposals, which will conflict with General Policy 3, Environment Policy 1, Housing Policy 4 and the aforementioned Strategic Policies. The proposed development is not, therefore, supported in principle.
IMPACT UPON THE CHARACTER AND APPEARANCE OF THE LANDSCAPE
7.10 The application site forms previously developed land but is relatively inconspicuous in the landscape, being an area of hardstanding that is enclosed by low level walling. Its main visual impact at present is only when passing by.
7.11 Environment Policy 1 provides protection for the countryside and states that "Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
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7.12 General policy 2 states that development will normally be permitted where it: (c) does not affect adversely the character of the surrounding landscape or townscape;
7.13 Paragraph 7.4.1 of the Strategic Plan states that "Development must be properly integrated into the landscape in terms of scale, materials, architectural style, engineering works and landscaping. Landscape features such as trees, hedgerows, sod banks or traditional stone walls which are important to landscape character should be retained. In cases where development is not capable of being sensitively and unobtrusively integrated into the landscape, permission will not be granted."
7.14 The application site occupied a roadside location and in terms of its siting, scale, massing, height and finishes, the proposed dwelling will be clearly visible from the highway as well as within the wider landscape setting. As noted by the application, there are residential properties sporadically located along the highway and more distantly in the area, however, the bungalows to the west are much smaller than the proposed design and they have simple architectural styles. The proposed dwelling, being much larger and with a non-traditional design approach, including a convoluted range of hips to the roof, fails to have a positive impact upon the character and appearance of the area.
7.15 When considering the design of new dwellings in the countryside, the rationale is that they should follow a more traditional vernacular as noted in planning circular 3/91, to ensure any visual impact is appropriate for the countryside. The proposed dwelling fails to achieve this and is not considered to represent a design approach that is in keeping with the rural setting of the application site.
7.16 It is essential that any new built form within the countryside makes a satisfactory and positive contribution to the character and appearance of the area. In this instance the development is not supported by any form of visual or design analysis and it is important that any decision considers the impact of a development upon the landscape.
7.17 In this regard it is considered that the proposed development would be contrary to the provisions of Environment Policy 1, which seeks to protect the countryside for its own sake and "Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."
7.18 There is no essential or overriding national need for the development to be located in this area and the development would give rise to demonstrable harm to the character and appearance of the area. The proposed development fails to comply with General Policy 2 (b) and (c), General Policy 3 and Environment Policies 1 and 2.
HIGHWAY SAFETY
7.19 The proposed development seeks to utilise the existing vehicular access off the highway with improvements to visibility splays, achieved by reducing the roadside walls and planting.
7.20 As noted by the DOI Highways response, the revised access and visibility splay drawing has satisfied their original concerns and the initial objection has therefore been addressed. Highway Services do not object to the proposal.
7.21 Regarding highway safety, consideration needs to be given to the use of the site as a former depot, which itself will have generated vehicle movements, most likely on a day to day basis, though there is no evidence to indicate the intensity of any historic use.
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7.22 The proposed site layout provides for a minimum of two parking spaces, turning within the site and an EV charging point. The general layout is considered to be acceptable and safe. The proposal therefore complies with General Policy 2 (i) and Transport Policies 4 and 7 and would not result in an unacceptable harmful impact upon highway safety.
FLOOD RISK
7.23 Previously, an issue with flood risk was identified although that was not a reason that the previous application was refused.
7.24 The application is now supported by a Flood Risk Assessment which notes that the primary flood risk within the area is fluvial, from the adjacent watercourse and that the primary driver for the flood risk is the culvert under the main road, and overland flows in the event of this surcharging or blockage.
7.25 The FRA assesses the likely flood level to be 100.0 AOD, which is below the highest part of the application site. It is recommended that the FFL of the dwelling therefore be set at 100.6 AOD to provide a 600mm threshold should flooding occur. Other recommendations within the report set out how the dwelling would be safe from flooding over its lifetime. The development will also reduce the amount of impermeable surface on the site, thereby reducing surface water flows.
7.26 Based upon the submitted information, which is more detailed than previously, it is considered that whilst part of the site falls within the flood zone, the risk to property and occupants would be mitigated through design. No objection is therefore raised and the development can be made safe such that it would comply with General Policies 10 and 21.
OTHER MATTERS
7.27 Regarding other material considerations, the proposed development could located away from the adjoining dwellinghouses such that any new built form and domestic use would not give rise to any material impact upon the amenity of the dwelling. Similarly, the site is not located within a Conservation Area or in proximity to Registered Buildings such that the development would impact upon the setting of protected areas.
7.28 The application is not supported by any ecological appraisal of the land and no assessment of the presence/absence of flora/fauna and protected species is available. Notwithstanding, the site is an area of hardstanding with limited ecological value and matters relating to lighting etc. could be controlled by condition. There is no perceived adverse impact upon ecology.
8.0 CONCLUSION
8.1 The principle of development for the erection of a dwelling fails to accord with relevant Development Plan policies because the site lies within a rural and protected part of the countryside where any development is strictly controlled, being land not zoned for any particular purpose. Although being previously developed land, the site is without any buildings and the development will not enhance its appearance in the landscape. The development therefore conflicts with General Policy 3, Environment Policy 1 and Housing Policy 4 of the Isle of Man Strategic Plan.
8.2 It is further considered that the design and scale of the proposed dwelling are not sympathetic to the rural character of the area. The erection of a dwelling on the site would unacceptably alter the character and appearance of this part of the landscape and it is considered that the proposed development would be visually harmful to the rural character and
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appearance of the site and surroundings, contrary to the provisions of General Policy 2 b) and c); and, Environment Policy 1 in the Adopted Isle of Man Strategic Plan (2016).
8.3 The development would also foster the need to travel by private motor vehicle and the site is not within a sustainable location for new housing. The development therefore fails to comply with Strategic Policies 2 and 10 (a) and (b) and Transport Policy 1.
8.4 Having regard to the above considerations it is recommended that planning permission is refused.
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.
9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.
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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 : Refused Date : 26.03.2025
Determining Officer Signed : S BUTLER
Stephen Butler
Head of Development Management
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