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21/01485/A Page 1 of 11
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 21/01485/A Applicant : Mr William Costain Proposal Approval in principle for the erection of a dwelling to replace the former Hotel Site Address The Ballacallin Dalby Isle Of Man IM5 3BT
Case Officer :
Mr Paul Visigah Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 19.04.2022
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.
Reason: To comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019
C 2. Approval of the details of siting, design, external appearance of the building[s], internal layout of buildings, drainage, and landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.
Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019.
C 3. Plans and particulars of the reserved matters referred to in condition 2 shall include details of; a. the surface treatment of any roadways and other parts of the site which will not be covered by buildings; b. all external materials to be used in the development; c. existing and proposed ground and floor levels; d. foul and surface water drainage; e. integrated measurers to support bio-diversity net gain; f. Measures taken to provide sustainable drainage systems.
Reason: in the interest of the character of the area
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C 4. Detailed drawings of the following shall be submitted to and approved in writing by the Planning Authority before the relevant part of work is begun. The details hereby approved shall be carried out in accordance with that approval:
a. Pedestrian and vehicular access to remain as existing and shown on the Drawing named Site Plan. b. Additional details in the form of scaled plans and / or written specifications to consist of: i. Internal pedestrian and vehicular arrangements within the site, including any garage ii. Car parking to adopted standards iii. Bicycle storage to accommodate one space per bedroom iv. Electric vehicle charging point.
Reason: In interests of highway and road user safety.
This application has been recommended for approval for the following reason. It is considered whilst the demolition of the original dwelling in 2021 was unfortunate from a planning policy standpoint (as the previous building was destroyed by a fire incident and subsequently demolished), it is considered that given the uncontrollable circumstances of the building's removal, and the fact that the previous building was an integral part of the settlement structure and contributed to the built form of this part of Dalby, with the site broadly fitting the description as a previously developed land or brownfield site, it is considered the proposal could be considered to broadly comply with GP3 and HP4 and therefore the principle of a single dwelling on this site is acceptable. The proposed access arrangements are again acceptable and comply with GP2 and TP7.
Plans/Drawings/Information;
This decision relates to following plans and documents received on 7 December 2021; o Planning Statement; o Ballcallin Accompanying Letter; o Email Correspondence; o Location Plan; o Site Plan;
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Interested Person Status - Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Manx Utilities Drainage
It is recommended that the owners/occupiers of the following property should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
The owners/occupiers of Shen Chroit, Ballacallin, Dalby, as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status. __
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Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE DEVELOPMENT AND COULD BE CONSIDERED TO BE CONTRARY TO THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL
1.0 THE SITE 1.0 The application site represents the curtilage of a dwelling known as Ballacallin, a large detached building that was set back approximately 47 metres from the A27 (that previously operated as Ballacallin Hotel), Dalby, Patrick. The building which was substantial in size, being arranged over three floors, was well proportioned, attractive, and occupied a prominent position within Dalby Village. This building was significantly damaged in a fire on 9th February, 2021 with the elements that survived the fire subsequently demolished, with approval under the Building Regulations as an Emergency Demolition of fire damaged dwelling (21/00002/BCD dated 24th February, 2021).
1.2 The site is accessed from the A27 coastal highway which runs from Peel to Port Erin along the western coast of the Island, having an 'in' and 'out' access arrangement. The site slopes gently westwards with the lands to the east significantly elevated. These neighbouring elevated lands serve as agricultural fields.
2.0 THE PROPOSAL 2.1 The application seeks approval in principle for the erection of a dwelling to replace the former Hotel. The applicant seeks that only the principle and 'means of access' are to be considered as part of this application. All other matters would be considered at any future Reserved Matters application stage.
2.2 The applicants have provided an Accompanying letter to draw attention to their particular circumstances and reasons for the removal of the previous dwelling which the current application seeks to reinstate on site. They state that; o The previous building was fire devastated and subsequently demolished for safety concerns. o They seek to replace the demolished property with a slightly smaller private residence on the site, further away from the cottage Shenn Croit which is situated to the south and remains within the footprint of the original structure. o They wish to retain the existing means of access to the site, with any gates opening inwards. o Sufficient space will be provided for privacy, with wind and flood protection tree lined boundaries to the south and east. o The now removed structure being an amalgam of construction methods over a period of two centuries could not be said to be a high quality build, despite significant structural works they undertook since acquiring the property in 1997. o They believe the replacement of the building with a new, slightly smaller construction built to contemporary building and thermal efficiency standards would be most appropriate for the site in both architectural and environmental terms. The letter also refers to other issues such as the secured by design approach, Future Homes Standard, and flood mitigation which would be integral to the design of any replacement dwelling on the site.
2.3 The application is also accompanied by a Planning Statement. This statement; 2.3.1 Addresses the site and proposal; planning policy elements of the scheme; the planning history of the site; the Justification for the erection of a dwelling on the site; as well as Flood risk, Impact on the living conditions of those in neighbouring property, and Design.
2.3.2 It concludes that;
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i. the site should be considered as eligible for redevelopment as the site was until recently occupied by a sizeable building whose demolition was brought about through no fault of the applicant who cleared the site in the interests of safety and amenity and as an emergency.
ii. the site is currently identified as lying within the settlement boundary and has existing buildings on all four sides - Shen Chroit Ballacallin, the scout hut, Ballacallin Cottage on the same side of the road and Ballacallin House opposite.
iii. the new house will utilise all of the services and access that served the previous dwelling on the site and there will be considerable opportunities for improving the thermal effectiveness of the building on the site and improving the biodiversity value of the site.
3.0 PLANNING POLICY 3.1 In terms of local plan policy, the site is within an area not zoned for a particular purpose under the Isle of Man Development Plan Order 1982, as well as being within an area of High Landscape Value or Costal Value and Scenic Significance. The site which is noted as 'Dalby Hotel' on the 1982 Development Plan Order is not within a designated Conservation Area. The site is not within a Registered Tree Area and there are no registered trees on site. The site is largely not prone to flood risks, although the western and southern boundaries are within medium to high flood risk zones.
3.2 Much of the curtilage of the former building as well as that of Shen Chroit Ballacallin, falls within the initial definition of the Dalby settlement boundary on the North and West Area Plan - Call for Sites Settlement Boundary Map.
3.3 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application:
3.3.1 Spatial Policy 4: In the remaining villages development should maintain the existing settlement character and should be of an appropriate scale to meet local needs for housing and limited employment opportunities. These villages are: o Dalby
3.3.2 Strategic Policy 1 states: "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."
3.3.3 Strategic Policy 2 states: "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."
3.3.4 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".
3.3.5 General Policy 3 state; "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (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;
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3.3.6 Definition of Previously Developed Land: Previously-developed land is that which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure.' The definition includes defence buildings, but excludes: o Land that is or has been occupied by agricultural or forestry buildings. o Land that has been developed for minerals extraction or waste disposal by landfill purposes where provision for restoration has been made through development control procedures. o Land in built-up areas such as parks, recreation grounds and allotments, which, although it may feature paths, pavilions and other buildings, has not been previously developed. o Land that was previously-developed but where the remains of the permanent structure or fixed surface structure have blended into the landscape in the process of time (to the extent that it can reasonably be considered as part of the natural surroundings). There is no presumption that land that is previously-developed is necessarily suitable for housing development nor that the whole of the curtilage should be developed.
3.3.7 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.
3.3.8 Environment Policy 2: The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: (a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential.
3.3.9 Housing Policy 4 states; "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."
3.3.10 Paragraph 7.34.1 "7.34.1 Every settlement in the Island has its own individual character and identity which needs to be conserved and enhanced. If such characteristics and qualities are not to be lost, any new development must be appropriate to the locale in terms of scale, siting, design, relationship with other buildings and land uses. Area Plans should identify important spaces within settlements, whether in the form of village greens, squares or areas which simply add to the attractiveness and interest of particular areas which have positive amenity value. It is important to the attractiveness and individuality of centres that over intensive development is avoided as well as the gradual merging of towns and villages in order to preserve a sense of identity and sense of place. In terms of existing settlements, in both rural and urban areas, new development will be expected to follow the following design principles. Development will need to:
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i. be of a high standard of design, taking into account form, scale, materials and siting of new buildings and structures; ii. be accompanied by a high standard of landscaping in terms of design and layout, where appropriate; iii. protect the character and amenity of the locality and provide adequate amenity standards itself; iv. respect local styles; and v. provide a safe and secure environment".
3.3.11 Transport Policy 4 states: "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."
3.3.12 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7."
3.3.13 Environment Policy 13: "Development, which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted".
4.0 OTHER MATERIAL PLANNING CONSIDERATIONS 4.1 Whilst not adopted planning policy, DEFA's Residential Design Guide (2021) is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions...". Sections 2.4 on Climate Change Resilience, 2.5 on Contributing to the Local Environment, 3.1 on Local Distinctiveness, and 3.6 on Efficient Use of Land, are considered relevant to the current scheme.
4.2 Personal Circumstance 4.2.1 Section 10(4) (d) of the Town and Country Planning Act 1999 which allows the Department to take into account "all other material considerations", also allows for the inclusion of personal circumstances, in dealing with planning applications. In this case, the personal circumstances of the applicant, particularly as it relates to the fire which destroyed the previous dwelling, is a factor that should be material to the assessment of the application.
5.0 PLANNING HISTORY 5.1 The site has been the subject of a number of previous planning applications which are considered to be materially relevant to the current application. These include;
5.1.1 PA 88/00212/A for Approval in principle to the erection of 5 holiday chalets, land belonging to the Ballacallin Hotel, Dalby, Patrick - approved.
5.1.2 PA 88/04502/B for Construction of 4 holiday chalets and associated car parking adjacent to Ballacallin Hotel, Dalby, Patrick - approved.
5.1.3 PA 96/00715/A for Approval in principle for erection of four holiday chalets with associated car parking, Ballacallin Hotel, Dalby, Patrick - approved.
5.1.4 PA 99/00077/B for Alterations to bay window roof and erection of front porch, Ballacallin Hotel, Dalby, Patrick - approved.
5.1.5 PA 99/01365/B for Extension to kitchen, installation of rooflight and erection of two flagpoles, Ballacallin House Hotel, Dalby, Patrick - approved.
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5.1.6 PA 00/01585/B for Installation of sliding sash windows to replace existing - approved.
5.1.7 PA 03/01844/B for Erection of three storey side extension to replace existing single storey extension, erection of replacement single storey rear extension and erection of bin and bottle enclosure - approved.
5.1.8 PA 08/01551/C for Change of use from hotel to private residence - approved.
5.2 The above applications enabled the Ballacallin Hotel in its previous form to be established on site, in addition to facilitating the conversion of the hotel to a private residence.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms in a letter dated 4 January 2022 that they 'do not oppose subject to conditions' for: a. Pedestrian and vehicular access to remain as existing and shown on the Drawing named Site Plan. b. Additional details in the form of scaled plans and / or written specifications at reserve matters stage or under a full planning application to consist of: i. Internal pedestrian and vehicular arrangements within the site, including any garage ii. Car parking to adopted standards iii. Bicycle storage to accommodate one space per bedroom iv. Electric vehicle charging point.
6.2 Representation from the Department of Infrastructure (DOI) Highways Drainage note that the applicant has confirmed that any surface water runoff from the site on to the public highway will be minimised and that they are satisfied that there would be a reduction in runoff from the proposed new development compared with the original Ballacallin site (09 March 2022).
6.3 Manx Utilities Drainage have stated that they are happy with the proposal in a letter dated 11 February 2022.
6.4 DEFA Inland Fisheries have stated that they have no objection to the development from a fisheries perspective, provided that there is no adverse effect or disturbance on the adjacent watercourse. They, however, advise that precautions will be needed to reduce the possibility of harmful materials such as concrete or washings entering the river (19 January 2022).
6.5 Patrick Parish Commissioners have stated that they have no objection to the application in a letter dated 27 January 2022.
6.6 The owners/occupiers of Shen Chroit Ballacallin, Dalby, have expressed concerns with the application in a letter dated 7 February 2022. Their comments relate to; o Shared access to a lane south of the application site and need to protect their right of access to this lane as it is the only means of access to their property.
7.0 ASSESSMENT 7.1 The main issues are to be assessed within this application are; i. The principle of a new dwelling on the site; and ii. Access/highway safety.
7.1.1 All matters relating to details of siting, design, external appearance of the building[s], internal layout, drainage (foul and surface water), and landscaping of the site would be
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considered at a Reserved Matter Application, hence they would not be assessed within the current scheme.
7.2 Principle of a new dwelling on the site 7.2.1 In assessing the acceptability of the principle of a new dwelling on the site, the starting point is the land designation. It is clear from the 1982 Development plan that the application site is within a rural and protected part of the countryside where any development is strictly controlled. As outlined by GP3 and HP4, new dwellings on land which is not designated for development is not acceptable, unless the new building would serve to replace an existing dwelling, involves conversion of an existing rural building or if essential need for an agricultural dwelling is justified.
7.2.2 Strictly speaking, the dwelling that was on this site has been demolished and it could be considered the proposal is contrary to the Development Plan. However, perhaps a more reasonable view is that a dwelling 'The Ballacallin' until recently (9th February, 2021) existed on this site and therefore, while it is no longer in place, the site for a number of decades has accommodated a hotel which was later converted to a dwelling and still has its existing access and residential curtilage in place. It should also be considered that the previous dwelling was only demolished as a result of fire damage, with approval granted under the Building Regulations as an Emergency Demolition of fire damaged dwelling (21/00002/BCD dated 24th February, 2021). Moreover, if the dwelling had been demolished a number of decades ago and under normal circumstances, then this view may carry less weight. Based on the foregoing, in this case it is considered that the principle of a new dwelling on this site is acceptable.
7.3 Access/highway safety 7.3.1 The application site already features an existing access which served the previous dwelling on site and would remain as existing as no changes are proposed. Although no parking areas shown on any indicative plans the site also large enough to accommodate the proposed six parking spaces which is over and beyond the requirements stipulated in appendix 7 of the Strategic Plan, minding the site previously housed a large property and 30 parking spaces. Moreover, Highway Services have considered the merits of the proposal, access to and from the site from the highway, as well as parking and highway safety and considered the scheme acceptable. As the transport professionals their comments are heavily relied upon and as they do not object, the proposal would be aligned with the principles of Transport Policy 4 and 7.
7.4 OTHER MATTERS 7.4.1 Potential visual impact of the development upon the countryside and the Area of High Landscape Value 7.4.1.1 In assessing the visual impact of the scheme, it is noted that the application is only an AIP and no reserved matters (except means of access) are for consideration now. More so, no indicative plans are submitted either. Therefore, it is not possible to judge the impact of the development on the site, surrounding landscape or countryside setting within the current scheme. It is, however, considered that the site is large enough to accommodate an appropriately sized replacement dwelling, which would take into cognisance the landscaping/countryside setting.
7.4.2 Potential impacts upon neighbouring amenities 7.4.2.1 As outlined previously, as there are no details plans provided of the new dwelling, it is not possible to consider the impact upon neighbouring amenities at this stage. Any future reserved matters application would consider this.
7.4.3 Flood Risk/Drainage 7.4.3.1 With regard to flood risk impact to the proposed development or from the development of the site, it is considered that only a small section of the site is prone to some level of flooding, with the information provided by the applicants also reinforcing the flood information
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about the site as the applicants have indicated that they have not had any experience of flooding in their 25 year ownership of the site. As well, the applicants have indicated that they would seek to use the vegetation of the site (increasing the height of the existing hedging on the susceptible parts of the site) to assist with flood mitigation.
7.4.3.2 In terms of any drainage impacts that could result, it is considered that in dealing with matters related to drainages for new developments, advice is sought from Manx Utilities Drainage and DOI Highways drainage. In this case, the advice provided indicates that both consultees area satisfied with the proposed development and do not foresee any challenges in terms of drainage issues. As such, it is not considered that the development would result in unacceptable risk from flooding, either on or off-site.
7.4.3.3 On balance, whilst the issue of flood and drainage would be fully assessed within any reserved matters application when the built form proposed for the site, as well as all non- permeable surfaces, roofs and driveways would be fully ascertained, it is no considered at the moment that the development would generate flood risks and drainage challenges sufficient to warrant refusal of the scheme.
8.0 CONCLUSION 8.1 Overall, whilst the demolition of the original dwelling in 2021 was unfortunate from a planning policy standpoint (since replacement dwellings should replace existing buildings on site), it is considered that given the relative short period between the demolition and the application being made and as the dwelling was the subject of previous repair works, with the applicant indicating that the previous dwelling being an amalgam of construction methods over a period of two centuries could not be said to be a high quality build, despite significant structural works undertaken to preserve it, it could be argued that the proposal could be considered to comply with GP3 and HP4 and therefore the principle of a single dwelling on this site is acceptable. The proposed access arrangement are again acceptable and comply with GP2 and TP 7.
9.0 INTERESTED PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
(a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
9.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status
9.3 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 Interested Person Status __
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I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : ...Permitted... Committee Meeting Date:...25.04.2022
Signed : P VISIGAH Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required.
Signatory to delete as appropriate YES/NO See below
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/ customers and archive records.
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21/01485/A Page 11 of 11 PLANNING COMMITTEE DECISION 25.04.2022 Application No. : 21/01485/A Applicant : Mr William Costain Proposal : Approval in principle for the erection of a dwelling to replace the former Hotel Site Address : The Ballacallin Dalby Isle Of Man IM5 3BT Planning Officer : Mr Paul Visigah Presenting Officer As above Addendum to the Officer’s Report The Planning Committee considered the application at its meeting on 25th April 2022, and agreed with the recommendation to approve the application subject to the amendment of the Interested Person Status to grant the owners/occupiers of 'Shen Chroit', Ballacallin, Dalby, interested person status, and the inclusion of an additional condition to ensure that subsequent applications for Reserved Matters do not impact on the access to Shen Chroit, Ballacallin, Dalby. The Amended IPS would read: It is recommended that the owners/occupiers of the following property should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2): Shen Chroit, Ballacallin, Dalby, as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status. The additional condition, C5 would read: C5: Access to Neighbouring Property The reserved Matters application shall demonstrate that it will not alter the existing access to Shen Chroit, Ballacallin, Dalby, including in relation to visibility. Reason: In the interests of highway safety, and to ensure that the development of the site does not impact on vehicular access to the adjoining property at Shen Chroit, Ballacallin, Dalby.
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