Loading document...
==== PAGE 1 ====
25/90506/B
Page 1 of 10
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 25/90506/B Applicant : Isle Of Man Enterprises Plc Proposal : Variation of condition 1 of 23/00774/B to extend the expiry date by two further years Site Address : Former Whitestone Garage Douglas Road Ballasalla Isle Of Man IM9 2LB
Planning Officer: Lucy Kinrade Photo Taken : 25.02.2021 Site Visit : 25.02.2021 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 16.07.2025 __
Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions
C 1. Application for approval of all of the reserved matters shall be made to the Department before the expiration of 16th July 2027. The development hereby approved shall be begun before the expiration 16th July 2029 or the expiration of two years from the date of approval of the last of the reserved matters, whichever is later.
Reason: to comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019.
C 2. Notwithstanding the submitted illustrative drawings, details of the internal layout, drainage, design, means of access, landscaping and external appearance (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Department before any development is commenced and thereafter the development shall only be carried out in accordance with the details as approved. These details must include but are not limited to:
a) the provision of access junction arrangements and visibility splays; b) parking spaces (car/bike/bicycle/disabled) in accordance with standards and turning areas for vehicles within the site including loading and unloading areas; c) swept path analysis; d) surface treatment of any parking areas and other parts of the site which will not be covered by buildings; e) all external materials to be used in the development; f) existing and proposed ground, floor and roof/ridge levels; g) details of all boundary treatments; h) hard and soft landscaping; i) tree survey, planting and tree protection measures; j) foul and surface water details including discharge and possible attenuation;
==== PAGE 2 ====
25/90506/B
Page 2 of 10
k) details of pedestrian crossings, pavements, bus stops; l) details of any public art; m) measures in reducing energy demand, n) Full Flood Risk Assessment details.
Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019, and this is an approval in principle and these matters require detailed consideration by the Department in accordance with Development Plan.
C 3. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the site shall not be used other than for;
Class 1.1 (a) the retail sale of goods other than hot food; and/or (d) for the sale of hot drinks, sandwiches or other cold food for consumption off the premises, and/or (h) for the displaying of goods for sale.
The site shall not be used for no other purpose in Class 1.1 of Article 5 of the Order at any time.
Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration.
C 4. No customers shall be served or remain in the building outside of the hours;
o 0800 to 2100 Monday to Saturday, and o 0900 to 1800 Sunday.
Reason: In the interests of neighbouring amenity.
C 5. There shall be no deliveries to the site outside of the following hours:
o 0800 to 2100 Monday to Saturday, and o 0900 to 1800 Sunday
Reason: In the interests of neighbouring amenity.
C 6. The retail sales area of the use hereby approved shall be no greater than 460sq m as outlined in orange on Proposed Site Plan drawing number 1845.01.P-02.
Reason: The Department has assessed the impact of the proposal on the basis of this retail sales area and any alternative size would require further consideration
N 1. The land owner/applicant/agent is reminded to speak with Department for Infrastructure regarding the separate Highway Agreements under S4 for adoption and S109(A) for works in the highway, Highways Act 1986.
This application has been recommended for approval for the following reason. The application duplicates a recently approved scheme 20/01446/A for a proposed development which was considered to contribute to those policy principles that underpin sustainable development and providing a community gain to Ballasalla in making use of an existing underused building served by existing infrastructure and situated within a growing settlement. There have been no changes to policy or circumstances since the original approval to warrant reaching a different conclusion or outcome to the application and so an extension of
==== PAGE 3 ====
25/90506/B
Page 3 of 10
time to allow a further 2 years is considered acceptable. Updated condition wording to reflect the timing changes have been included as well as duplicating those previous conditions to ensure alignment with 23/00774/B.
Plans/Drawings/Information;
This approval relates to the following all date published online 19 May 2025; o drawing number 1845.01.P-01 o drawing number 1845.01.P-02 o drawing number 1845.01.P-03 o Hargest Planning Statement dated March 2021 o Flood Risk Assessment AX0276 dated Dec 2023 __
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: o Forestry Amenity and Lands - as they are part of DEFA (as per 9.5 of the officer report) o Malew Parish Commissioners - No objection subject to conditions which have been applied
It is recommended that the owners/occupiers of the following properties should be given the Right to Appeal as they have submitted an objection that meets the specified criteria: o 22 Oatfield Rise, Ballasalla
__
Officer’s Report
AS PER SECTION 2(1) OF THE DEFA STANDING ORDERS (PLANNING COMMITTEE) NO.2023_02 THIS APPLICATION IS NOT REQUIRED TO BE CONSIDERED BY THE PLANNING COMMITTEE AS IT IS CONSIDERED SIMILAR IN NATURE TO PREVIOUSLY APPROVED APPLICATIONS PA 20/01446/A AND 23/00774/B TO WHICH THERE ARE NO MORE THAN RELATIVELY MINOR DIFFERENCES.
1.0 THE SITE 1.1 The site relates to the curtilage of a sui generis car garage and vehicle showroom located on the northern side of Douglas Road, Ballasalla and just east of the entrance in to the Clagh Vane residential estate. The site measures approximately 3817sq m (0.94acres).
2.0 PROPOSAL 2.1 The current application seeks an extension of time to 23/00774/B for a further two years. That 2023 application was also an approval for an extension of time to 20/01446/A. The application seeking approval in principle only for works at the site to create a new retail unit.
2.2 This application duplicates all the previously submitted details including a Flood Risk Assessment (FRA). Planning history of 20/01446/A and 23/00774/B is contained in more detail at 3.0 below.
2.3 The AIP is seeking only to establish the principle for the development, and all other matters in respect of design, external appearance, drainage, internal layout, means of access and landscaping are to be reserved subject to a future application for their detail (the reserved matters). The total retail sales area = 460sq m, with remaining areas being loading, storage, staff office and trolley areas.
==== PAGE 4 ====
25/90506/B
Page 4 of 10
2.4 A site visit was originally conducted as part of 20/01446/A on 25/02/2021. No further site visit was necessary in this case given the nature of this duplicate scheme and little/no changes at the site.
3.0 PLANNING HISTORY 3.1 The most relevant is PA 20/01446/A and 23/00774/B. The original approval in principle was approved 16th July 2021 and subject six conditions, and the latter extension of time 23/00774/B approved with the following conditions (including time of implementation change under condition 1):
C1. Application for approval of all of the reserved matters shall be made to the Department before the expiration of 16th July 2025. The development hereby approved shall be begun before the expiration 16th July 2027 or the expiration of two years from the date of approval of the last of the reserved matters, whichever is later. Reason: to comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019.
C2. Notwithstanding the submitted illustrative drawings, details of the internal layout, drainage, design, means of access, landscaping and external appearance (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Department before any development is commenced and thereafter the development shall only be carried out in accordance with the details as approved. These details must include but are not limited to: a) the provision of access junction arrangements and visibility splays; b) parking spaces (car/bike/bicycle/disabled) in accordance with standards and turning areas for vehicles within the site including loading and unloading areas; c) swept path analysis; d) surface treatment of any parking areas and other parts of the site which will not be covered by buildings; e) all external materials to be used in the development; f) existing and proposed ground, floor and roof/ridge levels; g) details of all boundary treatments; h) hard and soft landscaping; i) tree planting and tree protection measures; j) foul and surface water details including discharge and possible attenuation; k) details of pedestrian crossings, pavements, bus stops; l) details of any public art; m) measures in reducing energy demand n) Full Flood Risk Assessment details. Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019, and this is an approval in principle and these matters require detailed consideration by the Department in accordance with Development Plan.
C3. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the site shall not be used other than for; Class 1.1 (a) the retail sale of goods other than hot food; and/or (d) for the sale of hot drinks, sandwiches or other cold food for consumption off the premises, and/or (h) for the displaying of goods for sale. The site shall not be used for no other purpose in Class 1.1 of Article 5 of the Order at any time. Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration.
C4. No customers shall be served or remain in the building outside of the hours; o 0800 to 2100 Monday to Saturday, and o 0900 to 1800 Sunday. Reason: In the interests of neighbouring amenity.
==== PAGE 5 ====
25/90506/B
Page 5 of 10
C5. There shall be no deliveries to the site outside of the following hours: o 0800 to 2100 Monday to Saturday, and o 0900 to 1800 Sunday Reason: In the interests of neighbouring amenity.
C6. The retail sales area of the use hereby approved shall be no greater than 460sq m as outlined in orange on Proposed Site Plan drawing number 1845.01.P-02. Reason: The Department has assessed the impact of the proposal on the basis of this retail sales area and any alternative size would require further consideration
NOTE The land owner/applicant/agent is reminded to speak with Department for Infrastructure regarding the separate Highway Agreements under S4 for adoption and S109(A) for works in the highway, Highways Act 1986.
Reason for Approval: The application duplicates a recently approved scheme 20/01446/A for a proposed development which was considered to contribute to those policy principles that underpin sustainable development and providing a community gain to Ballasalla in making use of an existing underused building served by existing infrastructure and situated within a growing settlement. There were with no new flood risk concerns and conditions sought to best safeguard the amenity of the area and surrounding neighbours. There have been no changes to policy or circumstances since the original approval to warrant reaching a different conclusion or outcome to the application and so an extension of time to allow a further 2 years is considered acceptable. Updated condition wording to reflect the timing changes and need for detailed flood risk assessment have been included as well as duplicating those previous conditions to ensure alignment with 20/01446/A.
4.0 DEVELOPMENT PLAN AND PLANNING POLICY CONTEXT Land Designation 4.1 The site is designated on the Area Plan for the South as 'predominantly residential' and is not within a Conservation Area. The Landscape Character Appraisal recognises the site as 'urban'. On recent DOI flood risk maps the site is recognised as being at high flood risk for both river and tidal and surface water.
Wider Policy Context (Area Plan for the South and IOM Strategic Plan 2016) 4.2 The Development Plan recognises the Island's hierarchy of service provisions, the main centre is identified as Douglas being the seat of Government and headquarters for most of the Islands principal businesses and retails stores, outside of this are smaller 'service centres' such as Castletown and Port Erin in the South which seek to provide service provision for their respective hinterlands, and secondary 'service villages' such as Ballasalla and Port St Mary providing limited services. It also identifies that there are a number of smaller settlements that have little or no service provision and which rely on other centres for their services (such as Ballabeg, Ballafesson and Colby in the South).
4.3 Ballasalla sits within the parish of Malew which is one of the largest on the Island, it comprises small residential groups (such as St Marks), Ballasalla village and employment areas of Balthane, Freeport, Ronaldsway and the Airport. The APS 2013 indicates that Ballasalla has a resident population of around 1400. The older part of Ballasalla is clustered around the ford and Rushen Abbey, although over years there has been renewal and regeneration of surrounding areas including Clagh Vane, the Whitestone public house and the new Commissioner's office. Longer term plans for Ballasalla are clearly set out in the APS 2013 and these include plans for a new school, areas of new residential development, a new bypass and also recognising the growth potential around the airport gateways, Balthane and the Freeport.
4.4 The overall thrust of the Isle of Man Strategic Plan (Strategic Aim) is to encourage the development of sustainable communities. This approach strives to create places where people
==== PAGE 6 ====
25/90506/B
Page 6 of 10
want to live and work and which integrate well with existing communities, available infrastructure and landscape character. They should be served by public transport and other local services, offer a range and mix of housing types and tenures and reduce or mitigate the impact on the local environment as much as possible.
4.5 Section 6.13 of the APS2013 covers 'Retail' in the South. The Island Spatial Strategy promotes a 'Sustainable Vision' for the Island and sets out the role each of the settlements should play in meeting the needs of its residents. In terms of the South; Port Erin and Castletown (as 'Service Centres'), should provide a range of employment opportunities and will be the main focus for retailing and both offer some comparison and convenience shopping. Port St Mary and Ballasalla (as 'Service Villages') should meet more local needs and requirements in terms of retailing.
4.6 Current retail provision in Ballasalla (a Service Village) comprises a small number of small shops serving local needs and through traffic including a petrol filling station south of the village, a neighbourhood shop in Clagh Vane and a small convenience shop, a takeaway and a florist along the two roundabouts, the Whitestone Public House sits central to the village and all are within the designated 'mixed use' area on Proposal Map 3 of the APS2013. In these 'mixed use' areas there is a degree of flexibility for various facilities and services to encourage vitality and viability and section 6.23.1 of the APS2013 indicates a presumption against any new retail development outside of these designated 'Mixed Use' areas other than the provision of neighbourhood shops such as those at Ballabeg, Colby and Clagh Vane. Corresponding Strategic Plan policies (Strategic Policy 9 and Business Policy 9) also seek to protect and enhance existing retail areas and state that any new retail development will only be permitted in established town and village centres and that any new development should be at an appropriate scale that does not have an adverse effect on the adjacent retail areas. The IOM Retail Sector Strategy 2013 states that "Retailing is the central activity in the Isle of Man's town centres and a key component of the economy. The clear majority recommendation from the Retail Committee was for continuation of a town centre focussed approach. Future reviews of the Isle of Man Strategic Plan, Area Plans and other documentation should consider how to address this aspiration. Developing high quality town centre retail and leisure environments, making sure suitable sites and premises are available in them and that they are served by good transport and parking facilities will be the physical platform for a re-energised retail sector. While Douglas is the Island's main centre, Ramsey, Peel, Port Erin, Castletown, Onchan and other centres all play important and complementary roles which should be encouraged."
4.7 The applicants Retail Impact Assessment indicates Ballasalla and its hinterlands as having a population of 2,117 in 2016 with an anticipated growth to 2,963 in 2024. The current 2016 census provides population figures for Castletown = 3,216, Port Erin = 3,484, and Port St Mary = 1,916. Section 4.5 of the APS2013 sets out an 'Urban Capacity Assessment' which identifies Ballasalla as one of the four largest settlements where appropriate housing development would strengthen vitality and would be preferred to vacant or underused land and greenfield sites. The updated Residential Land Availability Study (RLAS) contains figures for new housing approved in the south between 2001-2020, Ballasalla is included within figures for Malew (392 dwellings) which are comparative to those of Castletown (426 dwellings) and Port Erin (355 dwellings). The size of sites designated for residential development for each of the settlements in the Area Plan for the South 2013 should be noted, Ballasalla is by far the biggest: o Castletown = 5.84 ha o Port Erin = 17 ha o Ballasalla = 32.4 ha
4.8 The notable land designation sizes at Ballasalla and Colby were recognised in the Inspectors Report for the APS2013 where it was concluded that "both villages would be able to accept such allocations without significant harm to the environment and it is quite likely that with an increase in population in the two large villages, services and facilities may also
==== PAGE 7 ====
25/90506/B
Page 7 of 10
improve", and "in the case of Ballasalla...by releasing both Crossag Farm (Site 2) and the Strategic Reserve land now, the provision of a By-Pass would be required and that could then provide an immense environmental improvement to the village. That may well encourage better services and facilities. Bearing in mind that Ballasalla is close to Ronaldsway Airport which is one of the identified "Gateways" into the Island for visitors, a new road that improves communications and the appearance of an area should be encouraged. Ballasalla is shown in the Strategic Plan as a Service Village able to accept additional housing and employment". Transport Proposal 1 (included below) states that provision shall be made for a By-pass to the east of Ballasalla and anything which prejudices its future development or construction will not be supported. A by-pass forms part of PA 19/00137/B at 'Reayrt Mie' and its development was conditioned as part of that approval.
Policy Context Summary 4.9 The current proposal is an application for Approval in Principle for new retail service on a site not designated for retail use, in considering the proposal regard shall be given to the context as outlined above (sections 4.1 - 4.8) along with a number of policies within the Strategic Plan to first determining the acceptability of the principle and whether it would be of an appropriate scale to the area or whether it would result in any harm to adjacent retail areas. Secondly consideration shall be given to number of policies in assessing amenity impacts of the development on neighbouring properties, highways, watercourses and flood risk given the sites location clustered amongst existing residential properties and on an arterial route into and out of the Village.
Relevant Planning Policies
4.10 AREA PLAN FOR THE SOUTH 2013 - POLICIES RELEVANT TO PRINCIPLE i. Transport Proposal 1: Ballasalla Bypass ii. Paragraph 7.4.9: Ballasalla by-pass and opportunities to improve the environmental quality of the centre of the Village by excluding unnecessary vehicles and undertaking physical improvements to footways and the carriageway. iii. Transport Proposal 2: traffic management and environmental improvement scheme for the Village centre
4.11 IOM STRATEGIC PLAN 2016 - POLICIES RELEVANT TO PRINCIPLE i. Strategic Aim: To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage
ii. Strategic Policy 1: Development should make the best use of resources iii. Strategic Policy 2: Development located within existing towns and villages iv. Strategic Policy 4: no unacceptable environmental pollution or disturbance. v. Strategic Policy 5: New development to make a positive contribution to the environment vi. Strategic Policy 9: "All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) sited within the town and village centres on land zoned vii. Strategic Policy 10: promote a more integrated transport network viii. Spatial Policy 3: Service Villages; Ballasalla ix. Spatial Policy 6: principal gateways to the Island will be protected and enhanced. x. Business Policy 9: new retail provision at a scale appropriate. Major retail development proposals to be supported by Retail Impact Assessment. xi. Business Policy 10: Retail development in established town and village centres xii. Paragraphs 9.4.4: major retail development will be classed as any new or increase in existing retail development of more than 500 sq. metres of floor space measured externally.
==== PAGE 8 ====
25/90506/B
Page 8 of 10
xiii. Community Policy 1: Where relevant and appropriate, provision of neighbourhood centres. xiv. Community Policy 2: New community facilities should be located to serve the local population and be accessible to non-car users, and should where possible re-use existing vacant or underused buildings. xv. Community Policy 3: loss of a local community facility
4.12 IOM STRATEGIC PLAN 2016 - POLICIES RELEVANT TO IMPACT OF DEVELOPMENT i. General Policy 2: general standards towards development ii. Environment Policy 7: harm to watercourses iii. Environment Policy 13: Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted. iv. Environment Policy 22: no unacceptable harm to environment and/or neighbouring properties. v. Environment Policy 23: consideration to potential adverse impact changes to existing neighbours. vi. Environment Policy 43: regeneration of run-down urban and rural areas, and re-use of sound built fabric, rather than demolition. vii. Transport Policy 1: located close to existing public transport facilities viii. Transport Policy 2: make provision for new bus, pedestrian and cycle routes, linking into existing systems. ix. Transport Policy 4: highways designed to be capable of accommodating associated journeys. x. Transport Policy 7: parking in accordance with standards. xi. Infrastructure Policy 4: no unacceptable impact on surface water and groundwater quality in the public water supply protection areas. xii. Infrastructure Policy 5: methods for water conservation xiii. Energy Policy 5: Energy Impact Assessment. xiv. Appendix 7: parking standards - Neighbourhood shops = Spaces for staff, customers, and service vehicles will be required.
4.13 Any relevant PPS or NPD o None
5.0 OTHER MATERIAL CONSIDERATIONS 5.1 Legislation o Section 68 of the Flood Risk Management Act (2013) indicates that any published Flood Risk Management Plan and the extent to which the proposed development creates an additional flood risk are material considerations.
5.2 Policy/Strategy/Guidance o Manual for Manx Roads - car parking and access o Active Travel Strategy - promotion of walking and cycling
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 Malew Parish Commissioners - No objection (11/06/2025) - any reserved matters application must address pedestrian access.
6.2 DEFA Forestry Amenity and Lands - No objection subject to condition (09/06/2025) - There are no registered trees impacted by the proposal and indeed the trees on the curtilage should pose no real constraints with careful protection. Landscape plan and tree survey to be conditioned.
==== PAGE 9 ====
25/90506/B
Page 9 of 10
The following were consulted but no comments received at the time of writing the report 16/07/2025: o Manx Utilities - electricity o Manx Utilities - drainage o DOI Highway Services o DOI Flood Management Division
6.3 The owners of 22 Oatfield Rise - raised concerns in respect of overlooking and privacy of their back garden and sought clarification of no windows overlooking the properties and that the fence may need to be higher than 1800mm.
7.0 ASSESSMENT 7.1 Approval in principle has already been granted under 20/01446/A for the same works and extended by two years under 23/00774/B. Both of these applications are a material consideration in the assessment of this application.
7.2 This application seeks a variation of Condition 1 of 22/00774/B for an extension of time for a further 2 years. In the assessment the application is to be considered afresh and with reference as to whether there have been any changes of circumstance (proposal or site), or any changes to planning policy since the previous approvals which would now justify a different decision being reached for this application. It is also necessary to respond to those comments raised 22 Oatfield Rise, and also cover the flood risk matters for avoidance of doubt and trees.
7.3 Have there been any Changes of Circumstance (proposal or site) or Planning Policy since 20/01446/A and 23/00774/B 7.3.1 The proposal remains exactly the same and there have been no changes in policy or circumstances at the site since the previous approvals, so it would be unreasonable to now refuse this application.
7.4 22 Oatfield Rise Comments 7.4.1 They raise question about the privacy impact on their back garden, and these are similar to their concerns raised in previous applications on the site. This is an AIP for overall principle and for the siting of a front extension only, all other matters are to be reserved. Although part of the existing building is indicated to be removed, the majority is to be retained and converted, and so not expected to be far removed from the current situation, however the exact detail and final heights will be subject to the subsequent REM application and will be assessed in more detail at that stage, including any boundary treatments.
7.5 Flood Risk 7.5.1 The previous application was provided with an updated FRA dated December 2023, and this has been resubmitted for this application. While DOIFRM have not commented this time around, previously as part of 23/00774/B they requested the FRA be conditioned and that the subsequent reserved matters application would still need a detailed FRA and possible attenuation of the surface water. Condition 2 of the original 2020 approval made reference to surface water details and so this can remain, furthermore 23/00774/B further included the need for a full detailed FRA and reference to attenuation as part of the surface water details and this too will be added in this case.
7.6 Trees 7.6.1 The tree officer has comments on the application seeking landscaping and tree information. This is a matter to be addressed in full as part of any REM application and so will be suitable covered by condition. There are no concerns in this respect at this stage.
8.0 CONCLUSION 8.1 This application has been considered in its own right with approval of 20/01446/A and 23/00774/B being significant material considerations. As there haven't been any changes in
==== PAGE 10 ====
25/90506/B Page 10 of 10
circumstance or policy since those approvals and this application duplicates that approved previously, then there is no reasonable reason to reach a different conclusion or outcome on the overall acceptability of the application.
8.2 The further two years as requested within the application will be actioned within Condition 1 which will be adjusted to require the REM to be submitted before the expiration of 16th July 2027, and all other conditions will be duplicated to align with 23/00774/B.
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. __
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: 16.07.2025
Determining Officer
Signed : C BALMER
Chris Balmer
Principal Planner
Customer note
This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/ customers and archive record.
Copyright in submitted documents remains with their authors. Request removal