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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90002/C Applicant : Living Hope Community Church Limited Proposal : Change of use from Class 2.1 (Office) to a Class 4.3 (Community Facilities) Site Address : Commerce House 1 Bowring Road Ramsey Isle Of Man IM8 2LQ
Planning Officer: Hamish Laird Photo Taken : Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 08.04.2025 __
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 approved use is community facilities within Class 4.3 of the Use Class Order 2019 (and any legislation that may precede or replace this order).
Reason: a) For the avoidance of doubt; and, b) the assessment of the application is for an assembly for religious worship, which has the most impact within the use class. Therefore, all other uses within the class are also considered acceptable.
C 3. Any alterations to the property should take into consideration the potential to flood. Electrics should be placed above flood levels and flood resilient materials should be used where possible. A flood evacuation plan should be displayed.
Reason: In the interests of user safety given the potential for flooding from rivers and/or the sea in the locality of the site.
This application has been recommended for approval for the following reason. The application is considered to comply with: Strategic Policies 1(a), 3(b), and 5; General Policy 2, Environment Policies 42, and 43, Community Policy 2 and Transport Policy 7 of the Strategic Plan and is recommended for approval subject to the conditions.
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Plans/Drawings/Information;
This approval relates to the following information and Drawing Nos.
EX01 - Site Location Plan and Proposed Site Plan; P01 - Proposed Floor Plans; PO2 - Proposed Elevations; Draft Rationale for Change of Use Application of Commerce House by Living Hope Church; Commerce House information detailing Staffing Levels, Proposed Hours / days of Operation; Overview of Parking Provision;
all date stamped received on 3rd February, 2025. __
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal:
Department of Infrastructure Highways Services - No objection. Ramsey Town Commissioners - No objection. DoI Flood Management Division - Did not oppose subject to condition(s) which have been attached to the Decision Notice as advised by FMD __
Officer’s Report
THE APPLICATION SITE 1.1 The application site comprises Commerce House, a 2-storey, detached office building occupying a corner position with one-way vehicular access from Derby Road on the Quay with the principle elevation of the building facing out onto the Bowring Road/Parliament Square/Derby Road roundabout junction opposite the Tesco supermarket. In recent years Commerce House has been home to a number of varied businesses including Ramsey Bakery; a kitchen showroom, and Ramsey Town Commissioners & Library until the completion of the new town hall in 2002 and since then has been occupied as office accommodation until 2024.
THE PROPOSAL
2.1 The current planning application seeks approval for a Change of use from Class 2.1 (Office) to a Class 4.3 (Community Facilities) to provide a facility for the Living Hope is a Church at Commerce House. Living Hope is a local church with its home on the Isle of Man. During 2024 Living Hope North has used 6 different venues in the North, including Church Halls, Schools and a conference Centre on the outskirts of Ramsey town.
2.2 The Design and Access Statement submitted with the appclai8tuion advises that there is "a desire to provide a more permanent venue (initially a 7 year lease) in the heart of the Ramsey to engage much more widely the community of the North through various potential projects which would be a wider benefit to the community. These could include ventures similar to our other congregations such as toddler groups, children's clubs, youth groups, spaces for individual counselling, community fridge initiative in partnership with the co-op, warm spaces, daytime drop in's as well as other events benefitting both the church and local community in the North. As we create a greater level of engagement with the people of town we will discover how best to serve the people of the town. We have many in our church without vehicle access so this site is a convenient centrally located venue enabling us to engage more effectively with our current church community and beyond to the people of the North. We firmly believe we will be able to create a venue which will be of significant benefit to the whole community in the north of the island impacting across the generations of the community from the youngest to
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the oldest. There are approximately 85 people connected with the church and an average attendance of between 50 & 60 which is a mixture of adults, youths and children."
2.3 The D&AS continues: "The Building Commerce House features two floors, the ground floor entrance provides access from the front into a wide hallway suitable for disabled access. Presently the main area of the ground floor is separated into two large rooms, it will be necessary to remove a separating stud wall to achieve an auditorium area for services. The Living Hope North Congregation intends to utilize the downstairs space for weekly services, prayer evenings, and various community events being of benefit to the wider community of the North.
Addressing any future comments in relation to the use of the building we would like to draw the planning office's attention to sections 7.38 to 7.45 of the decision report under application 23/01200/B as we believe this sets a precedent in this matter. The use of this building improves disability access for the congregation as the access to the site and the building will improve the equality of accessing community facilities.
A fully fitted kitchen sits towards the back of the ground floor with further access to storage rooms behind the kitchen housing the central heating boiler, there is also an operational side door for loading and unloading of vans if required. Separate toilet facilities are provided for ladies and gents with an additional, larger and well-equipped disabled access/use facility. Further storage on the ground floor provides access to the electricity meter, a small multi-use cupboard and a secure room which has previously been used as a server room for the previous occupants' computer system.
The upstairs comprises an open plan area and four smaller multi-use rooms, three of which have stud walls which will remain unchanged. The open plan area will be used as a space for Kids Church and various Youth activities and we envisage the smaller rooms possibly being used as a Church office, Counselling and storage. Further toilet facilities separated into male and female are situated upstairs. An enclosed staircase connects access from the front porch to the upstairs area. The building itself is large enough to offer additional spaces for those not able to reach the 1st floor for reasonable adaptions in the congregation to be made to prevent discrimination.
Car Parking We have identified ample parking in proximity, significantly accommodating our estimated 18 cars during Sunday services. Currently around 70% of our congregation lives within 1km of the venue making it accessible on foot, with additional bicycle storage available nearby as well bus stops within the immediate vicinity."
2.4 A Travel Plan Strategy is included within the D&AS. The submitted plans show 2 No. car parking spaces located on the site to the rear of the adjoining property, Shannon Court.
PLANNING HISTORY
3.1 In recent years Commerce House has been home to a number of varied businesses including Ramsey Bakery; a kitchen showroom, and Ramsey Town Commissioners & Library until the completion of the new town hall in 2002 and since then has been occupied as office accommodation until 2024. Planning applications of relevance to this proposal are:
02/00082/C - Additional use of building for the manufacture and assembly of furniture - Permitted - 11.07.2002. 00/02185/C - Additional use for building to be used for offices - Permitted - 20.04.2001. 94/00666/C - Change of use of first floor to retail, commercial & office accommodation, Commerce House, Bowring Road, Ramsey - Permitted - 16/09/1994.
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91/01554/B - Alterations and extensions to former Strix factory, Bowring Road, Ramsey - Permitted - 01/01/1994.
4.0 PLANNING POLICY
Draft Area Plan for the North and West (2022) Site Specific 4.1 The site is within an area designated as a Comprehensive Treatment Area at West Quay on Draft Proposals Map 5 Ramsey Town Centre in the Area Plan for the North and West. The written statement of the Area Plan states at paragraph "8.6.3 Comparably high building densities within the town limit the options for infill development to meet housing need, but the 2021 Census shows a high property vacancy rate of 16% and quayside buildings have become un-occupied in some areas. Bringing un-occupied sites and buildings back into re-use will benefit the local economy, enhance the townscape quality and increase the available number of residential dwellings." 4.2 At Paragraph "+8.13.4 Comprehensive Treatment Areas 8.13.5 Comprehensive Treatment Areas (CTA)33 are an important lever to encourage and enable redevelopment and positive change. CTAs are a way to identify land for comprehensive treatment by development, redevelopment or improvement, or partly by one and partly by another method. This Plan proposes one CTA in Ramsey (see Built Environment Proposal 2). 33 Section 4 (1) of the Town and Country Planning Act 1999 4.3 In the Draft Area Plan for the North and West, Policy Built Environment Proposal 1 (reads): "Urban Regeneration The Area Plan supports regeneration within our urban settlements generally but particularly supports regeneration in the following locations: 1. The Fire Station, Shoprite Supermarket and West Quay, Ramsey - for office, leisure, retail, hotel, residential, entertainment venues, food and drink uses and public open space or a combination thereof. Emergency services provision on the site opposite the existing Fire Station will also be supported;" 4.4 Paragraph 8.5 Reads: "8.15 Comprehensive Treatment Area - West Quay and Sulby River, Ramsey (area is shown on Maps 4 and 5) 8.15.1 Land within West Quay and overlooking the Sulby River is very visible on approach to the town centre over the Stone Bridge. Despite planning approval for a variety of uses having been granted, much of the site remains undeveloped and has done for some time. The site has a negative effect on this prominent area of Ramsey Harbour and impacts on the appearance of the town as a whole.
8.15.2 The area fronting onto the harbour should be sympathetically developed in a manner that respects the historic building line, scale and massing. Current land uses within the industrial site next to the Stone Bridge, incorporating the Ramsey Town Commissioners Depot, could be rationalised to include combined emergency services provision. There may be future opportunities to look at the design/position of the existing Shoprite supermarket site in a manner that restores the original sense of enclosure to the street scene, and introduces replacement residential properties on the site of the existing Fire Station Site.
8.15.3 West Quay, Ramsey is a strategic freight corridor and maintaining access for commercial vehicles, including HGV's, must be considered in any proposed development. A Development Brief has been prepared to set out development parameters for future development in this area, as detailed below.
8.15.4 The 1999 Act prescribes under S.4(2) that: "If an area is designated under this section by an area plan, the plan shall: (a) describe the treatment which is proposed by the Cabinet Office; and (b) specify the period, which shall not exceed 5 years beginning with the date on which the plan is adopted, within which that treatment is to begin."
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Strategic Policy 4.3 The Isle of Man Strategic Plan 2016 (IOMSP) holds the following policies that are considered materially relevant to the assessment of this current planning application: o Strategic Policy 1 (a) o Strategic Policy 3 (b), 5 o Strategic Policy 10 o General Policy 2 (b) (c) (g) (h) (i) (k) (l) (m) o Environment Policy 42, 43 o Paragraph 10.5.2 o Community Policy 2 o Transport Policy 7 o Appendix 7.6
4.4 The Isle of Man Strategic Plan has no assumption in favour of new development. In decision-making, this means that where a planning application conflicts with the Plan, usually approval should not be granted.
The following is a highlight of policies listed in 4.3. The subtitles will also be the general order of the assessment in section 7.
IOMSP - Community Facility 4.5 Paragraph 10.5.2 states: "It is not for the Strategic Plan to address or determine the needs for community facilities, but to address the land use issues arising from such proposals ... Proposals for such uses will therefore be assessed against general criteria based policies."
In decision making, Paragraph 10.5.2 means an application for a community facility does not need to justify its location choice based on need because an application itself is evidence of a need for new community facilities.
IOMSP - Urban Regeneration 4.6 Strategic Policy 1(a) and Environment Policy 43 consider optimising redundant and under-used buildings as "making the best use of resources".
4.7 Community Policy 2 encourages new community facilities to reuse vacant or underused buildings "where possible".
IOMSP - Design 4.8 Strategic Policy 3(b), 5 and Subsections (b), (c), (g) of General Policy 2, as well as Environment Policy 42, set out design requirements for development to respect the character of the site itself and its immediate and broader surroundings.
IOMSP - Transport and Parking 4.9 Strategic Policy 10, Subsections (h), (i) of General Policy 2 set out that proposals should satisfy the safety, efficiency, and accessibility requirements (including parking provision) of all highway users (particularly pedestrians) whether possible.
4.10 Community Policy 2 states that new community facilities should "be accessible to non- car users".
4.11 Transport Policy 7 sets out parking standards for development, details of which are in Appendix 7.6. It requires: o Offices
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There is no specific requirement for a place of worship. In the meantime, a place of worship is a place of assembly within the Use Class Order 2019.
4.12 Appendix 7.6 also sets out situations where parking standards can be relaxed. These include: "(d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality."
IOMSP - Amenities 4.13 Subsections (g) and (h) of General Policy 2 set out that amenities enjoyed by the site and the site around it should be protected or preserved.
5.0 OTHER MATERIAL CONSIDERATIONS
Legislation 5.1 Section 143 of the Equality Act 2017 places a duty on public bodies to promote equality, eliminate discrimination, advance equality of opportunity and foster good relations.
The above requirements apply to this application because the existing building has limited disability access. Section 7 of this report will give it appropriate consideration.
5.3 Schedule 1 Part 1 Article 9 Section 2 of the Human Rights Act 2001 states: "Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.".
5.4 Schedule 1 Part 1 Article 14 of the Human Rights Act 2001 states: "The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status."
Because public comments have raised concerns about the proposal's lack of inclusivity (details in Section 6) and given that the proposal involves a place of worship, section 7 of this report will briefly inspect the proposal against these two Articles in the Human Rights Act 2001.
Strategy and Guidance 5.5 Manual for Manx Roads provides best practices and technical details for ensuring highways are accessible, safe, inclusive, and serviceable. These details include minimum spatial requirements for manoeuvre and parking and bicycle parking standards.
5.6 Active Travel Strategy 2018-2021 states that an action plan will be set out to encourage people to choose walking and cycling to make their everyday journeys. This strategy was in response to the Programme of the Government, a document which sets out the operating principles of the government agreed upon by Tynwald.
Appeal Decision These appeal decisions are from the UK. These selections are not precedents within the Isle of Man planning system. However, they offer additional guidance when assessing applications because there are close similarities between the Island's and the UK's planning system.
5.7 Greenwich 20/9/2012 - In upholding an enforcement notice requiring an industrial building to stop being used as a place of worship, the Inspector states that the freedom of thought, conscience and religion is a qualified right rather than an absolute right in the European Convention of Human Rights (ECHR). A qualified right means interference with this right is justified and necessary when striking a balance between the rights of an individual and
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the wider public interest. The Inspector considers there are sufficient material planning considerations against the proposal.
5.8 Mendip 06/11/2000 - In approving one of two schemes involving the provision of low impact dwellings in the countryside to be used as part of a religious collective, the Secretary of State states that the desire of a community to live in a particular manner does not fall within the protection of Article 9. Still, the case was sufficiently unusual as not to create a precedent.
5.9 Blackburn and Darwen 31/08/2005 - In upholding a refusal on the removal of a condition to allow the use of a loudspeaker system to amplify the call to prayer of a mosque, the Inspector states that the ability to practice religion, albeit being a fundamental human right, still has to be balanced against the need to protect the rights and freedoms of others.
The Inspector states that such a proposal would set an undesirable precedent. With the increasing number of similar proposals, there is a potential to create a declamatory and proselytising environment in the vicinity of mosques to the exclusion and discomfort of those who might wish to follow a different religion or pursue a non-religious way of life. Such a situation would serve to erode the fundamental freedoms of others.
6.0 REPRESENTATIONS This section is a summary. The original texts of the consultations and comments received are available on the Planning Application Search on the government website.
6.1 Ramsey Town Commissioners have no objection to this proposal- (25.2.25)
6.2 DoI Highway Services (17.2.25) comments as follows:
"25/90002/C - 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 is in a sustainable location in Ramsey centre with available parking for the use."
6.3 DoI Flood Management Division 17.2.25 - DNOC - Do not oppose subject to condition(s), which are:
"Any alterations to the property should take into consideration the potential to flood. Electrics should be placed above flood levels and flood resilient materials should be used where possible. A flood evacuation plan should be displayed."
6.4 No third party representations had been received by the Report Drafting stage (8/4/25).
7.0 ASSESSMENT Principle of development 7.1 The site comprises an existing office building located on an established mixed use area at West Quay as outlined on Map 5 Ramsey Town Centre and as identified in the Written Statement in the Draft Area Plan for the North and West (202). The proposed use of the building as a "Class 4.3 other community facilities, in particular 4.3(a) use for the purpose of the assembly of persons for a social or community event, or for religious worship" use - a Church does not accord with the established use of the area, and the question is whether the proposed use would set a precedent for future cases where similar, non-conforming uses are proposed.
7.2 It is clear from the Case Officers site visit that the existing building is no longer used for office purposes.
7.3 The office building, therefore, requires a new use. The applicant advises that The Living Hope Church has a membership of 85 and that the Living Hope North Congregation
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intends to utilize the downstairs space for weekly services, prayer evenings, and various community events being of benefit to the wider community of the North. The Church has an average attendance of between 50 & 60 which is a mixture of adults, youths and children.
7.4 The Church would hold regular services on Sundays at 10:30 plus a social gathering after Church, and an evening Church Service. A Music Group would use the building on Tuesdays between 19:00 and 21:00. On Thursday a Youth Group would use the building during the same evening time period; and, there would be a Friday morning Prayer Meeting between 07:00 and 07:30. Other Community events would take place morning s and afternoons including a church coffee morning; Mums and Tots Group; Community Drop-in and 'Fridge Open', with a Community Board Games Night on Saturday evenings.
The times of the services clearly lie outside normal working hours of 08.00 -18.00 Mondays to Fridays; and 08.00 -13:00 of Saturdays, with few people, if any, likely to be working on Sundays. There is, therefore, unlikely to be traffic generation or parking issues in terms of vehicles entering and leaving the site at what are off-peak hours. It is considered that the principle of development is, in this case, acceptable.
The proposed use 7.5 The proposal to change the use of the office building involves no changes to its external appearance. The existing layout would be adapted to suit the Church members and the use of non-fixed chairs and furniture would render it adaptable to suit Church needs as and when required. A disabled toilet is provided at ground floor level within the building. However, the layout of the building does not readily lend itself to such a facility. The proposed use accords with adopted planning policy and the Draft Area Plan policies, it is considered that the low-key nature of the use and the hours of operation for the Church - outside normal working hours - render the proposed use acceptable.
Highway Safety, Parking and Traffic Generation 7.4 The use of the office building as a church would occur largely outside normal working hours. DoI Highways consider that the proposed operation is relatively small and that it is unlikely to have a significant negative impact upon highway safety, network functionality and/or parking as the site given that it is located in a sustainable location in Ramsey centre with available parking for the use, and links to the public transport network. This accords with the provisions of Policies Transport 4 and 7 in the IoMSP 2016.
Neighbours amenities 7.6 There are no neighbouring or nearby residential properties and the low key nature of the proposed use would not give rise to any undue noise and disturbance. This accords with the provisions of policies ENV22 and ENV23 in the Isle of Man Strategic Plan 2016.
Equality and Inclusivity 7.7 The office is provided with disabled access to the building and disabled WC facilities have already been provided. It is considered that this improves equality of accessing community facilities.
7.8 Most community facilities aim to help people with certain characters (such as believing in a religion), interests or needs (such as prayer). Just because a building may not satisfy the needs of every resident within a community does not mean it excludes or discriminates against people who are not interested in or need their services.
7.9 It is up to the community to propose facilities appropriate to their needs. In this application, although the church serves only one group within the community, it is still a reflection of a need within the community. The provision of such a service improves rather than decreases inclusivity.
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7.10 It can be argued that the presence of a new church would infringe on the beliefs of others because there are community members who disagree with certain beliefs within Christianity.
7.11 Firstly, belief and how people act on their beliefs (religious or otherwise) is beyond a proposal's land use and design impact and is usually not a material planning consideration.
7.12 Secondly, a religious building alone only represents the fact that people practice such religion within an area. Although certain religious practices can mount to development, these would be subject to planning regulations, including their impacts on equality and inclusivity of the community, such as the UK planning appeal case in 5.9. However, in this application, no element within the development (including design) would mount such concern.
7.13 Next, establishing places of worship is essential to religious freedom. Even though the need for such places is not part of religious freedom (such as the UK planning appeal case in 5.8), the UK planning appeal in 5.7 has pointed out that the reason for refusing such an application would need to be based on strong material considerations or the decision could still risk violating freedom of religious expression. In this case, there is no material reason to recommend such refusal, so the application should be recommended for approval.
7.14 Last, inclusivity is a material consideration, the same as the duty to protect freedom of religion and prevent discrimination, as protected by the Human Rights Act. Given that both are qualified rights and not absolute rights, a balance must be struck between them based on the broader public interest. This proposal shows the presence of religion and, by itself, does not impose the ideology on other people or create a sense of "declamatory and proselytising environment in the vicinity to the exclusion and discomfort of those who might wish to follow a different religion or to pursue a non-religious way of life." Therefore, the proposal expresses freedom of religion and does not promote discrimination by the use of the building itself. In fact, it proposes inclusivity by the additional proposed use of the building for other community based events and activities such that would take place during weekday mornings and afternoons including a church coffee morning; Mums and Tots Group; Community Drop-in and 'Fridge Open', with a Community Board Games Night on Saturday evenings. This is all considered to be acceptable in creating a diversified community facility.
Other Matters 7.15 In respect of other considerations it is noted that the FRMD has raised no objection subject to conditions, advising that: "Any alterations to the property should take into consideration the potential to flood. Electrics should be placed above flood levels and flood resilient materials should be used where possible. A flood evacuation plan should be displayed." It is considered that such requirements do not preclude the grant of planning approval and would; accord with the test for conditions.
8.0 CONCLUSION 8.1 The proposal would: o renovate an underused building to provide a place of worship and a community facility required by residents. o have adequate car parking provision; o provide disabled toilet facilities o would have no negative impact on the neighbours amenities, or the amenities of the adjacent area.
Therefore, the application is considered to comply with: Strategic Policies 1(a), 3(b), and 5; General Policy 2, Environment Policies 42, and 43, Community Policy 2 and Transport Policy 7 of the Strategic Plan and is recommended for approval subject to the conditions.
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9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.
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I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made : Permitted
Date: 16.04.2025
Determining Officer Signed : J SINGLETON
Jason Singleton
Principal Planner
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