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22/00464/B Page 1 of 11
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 22/00464/B Applicant : Mrs Agnieszka & Mr Lukasz Kuberka Proposal Erection of a building to provide a Veterinary Practice Site Address Kennaa Farm Stables Kennaa Equestrian Centre Kennaa Road St Johns Isle Of Man IM4 3LW
Case Officer :
Mr Paul Visigah Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 02.09.2022
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 building hereby approved shall be removed and the ground restored to its former condition in the event that it is no longer used or required for the approved purpose.
Reason: The building has been exceptionally approved solely to meet the stipulated need and its subsequent retention would result in an unwarranted intrusion in the countryside.
C 3. The building may only be used for veterinary business on the site and as described in the application documents.
Reason: The countryside is protected from development and an exception is being made on the basis of the equestrian and veterinary need only. As such, the building may only be used for the purposes for which it is approved.
C 4. The new building, and only that part of the site defined within the red line boundary, may be used for the approved Veterinary business. No approval is hereby granted for the use of other buildings or sites within the broader site area (defined by the blue boundary) for the approved use.
Reason: the countryside is protected from development and an exception is being made on the basis of the equestrian and veterinary need.
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C 5. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans (Drawing No. 21/26/01 and 21/26/05). Such areas shall not be used for any purpose other than for access, parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Reason: To ensure that sufficient provision is made for safe access, off-street parking and turning of vehicles in the interests of highway safety.
C 6. Notwithstanding the submitted details, details of site layout to create two mobility impaired parking provisions (spaces) within the site shall be submitted to and approved in writing by the Department. The parking areas shall be provided to accord with the approved plan and permanently retained as such.
Reason: In the interests of highway safety.
This application has been recommended for approval for the following reason. Overall, the proposal is considered acceptable in terms of both equestrian/veterinary need and visual impact and broadly accords with GP3, EP1 and EP's 19, 20, 21 and 14 of the Strategic Plan.
Plans/Drawings/Information;
This approval relates to the following documents and drawings:
o Plan List, o General Notes, o Medicor Veterinary Practice Statement, and o Drawing Nos. 21/26/01, 21/26/02, 21/26/03, 21/26/04, Received 11 April 2022,
o Correspondence from applicant received 6 July 2022, and
o Cover Email, o Road Safety Appraisal Report prepared by HMTC Highways Mann Transport Consultants dated June 2022, o Road Safety Appraisal (21/26/05), and o Road Safety Review - Designers Response Form Received 3 August 2022. __
Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties 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):
Cranstal, 31 Copse Hill Douglas, 41 Clybane Rise, Douglas, 22A Ormly Avenue, Ramsey, Rocksholme, Rocky Road, Bradda East, Port Erin, Apartment 5, Slieau Ree Apartments, Snugborough Avenue, Union Mills, The Lodge, Oak Hill, Port Soderick, Bon Accord, Rhencullen, Kirk Michael, Green Gates, Main Road, Castletown,
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As they are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy. __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE DEVELOPMENT IS CONTRARY TO THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL
1.0 THE SITE 1.1 The application site is the footprint of an existing equestrian building, hardstanding area, and connecting access which is within the estate of Kennaa Stables which sits within the Kennaa Equestrian Centre, Kennaa Road, St Johns. The site which is the subject of this application sits to the southeast of the main group of building on the broader site area.
1.2 The existing building within the site building within the site has a footprint (external) measuring 441sqm, and has part of its elevation linked to the large equestrian building within the broader site area. The large equestrian building screens this building from public views when approaching the site from Kennaa Road, with views only attainable when within the farm and in front of the access to this part of the centre. There is significant tree clusters on the land situated on the south-eastern boundary of the application site. The site has access to parking for about 22 vehicles.
2.0 THE PROPOSAL 2.1 Planning approval is sought for the Erection of a building to provide a Veterinary Practice. The proposal would involve demolishing the existing equestrian building on site with footprint measuring 441sqm, and its replacement with a new veterinary practice building measuring 515sqm external footprint (74sqm larger than the existing).
2.2 The new building would be 28.2m long, 18.2m wide, and 4.6m high (3.3m to the eaves). The building will have its external walls make of dark green metal profiled panels on the upper sections, while the lower part of the building would be finished in smooth rendered finish (painted). The roof would have dark green metal profiled panels over, with a section of translucent panels over the equine clinic. The roller garage doors would be made of insulated composite aluminium - black finish, while the doors and windows would be black UPVC units.
2.3 The new building will provide for 4 consultation rooms, and equine clinic, CT scanner & X-ray room, orthopaedic surgical theatre, surgical instrument sterilisation room, endoscopy & routine surgical theatre, physiotherapy & laser treatment room, euthanasia room, contagious disease room, isolation room, preparation/recovery room, pharmacy, dog ward, reception area, utility room, offices, and WC's, all served by a linking corridor.
2.4 Additional Information provided as application details states the following: o Proposed veterinary practice at its maximum will have 10 full time and 2 part time employees requiring 11 parking spaces. 4 examination rooms with a 30-minute appointment slot, allowing for a possible 50% over run, 6 spaces will be required. In total number of car parking spaces for the veterinary practice is 17. o Vehicular access will not be changed and has visibility splays of 97m & 44m, 2.4m back from the road edge. The entrance is well established, used daily on a regular basis. o On average vehicles visiting the centre from 7am to 8pm are in the region of 105 vehicles. (Liveries, employees, arena rentals & vets). o The development will have 21 spaces and 1 disability space (22 in total).
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Out of hours emergencies only.
2.5 The applicants have provided a Planning Statement which states the following: o The Business, Medicor Veterinary Practice Ltd has been established for 4 years, starting with a workforce of three, and have gained trust among its clients within a brief period. o Due to this success, the business has outgrown its current premises in terms of accommodating staff, as well as existing and potential clients. o Currently there is no equestrian clinic & rehabilitation centre on the island. The applicants are looking to create a world standard medical centre for small and large animals on the island that will allow service to animals locally without the necessity to travel to the United Kingdom. o To create such a facility, space and human resources are required, and the new premises will allow the practice to fit in more diagnostic equipment for existing & potential patients. o Presently Medicor Vets is based in the countryside, and as such they would like to remain in the rural surroundings as the rural location allows access to a safe environment to exercise the animals in a controlled, safe, and adapted area. o Until now the focus was only on small animals, the new location and the existing livery which stables fifty plus horses will give the practice the opportunity to provide a service for larger animals and especially equestrian needs. o Kennaa Equestrian Centre is an established and well renowned horse business on the Island. Creating the premises at Kennaa would boost both businesses as clients of both often seek the consistency of the services and if possible, they would keep all their animals in one safe place. o Their goal is to obtain a CT scanner and MRI facilities that will allow the practice to introduce an advanced diagnostic centre, enabling them to introduce spinal and joint replacement surgeries on the island. o They intend to create 4 consult rooms and 3 surgical wards for small animals and a bespoke equestrian clinic to accommodate space for 2 vets and a stable for stationary treatment for horse patients. o The rural location would be ideal as space is needed to allow the rehabilitation and exercise for horses.
3.0 PLANNING POLICY 3.1 The site lies within an area designated on the Town and Country Planning (Development Plan) Order 1982 as within or very close to an area of Woodland and within a wider area of High Landscape Value and Scenic Significance. The site is not prone to flood risks, there are no registered trees on site, although large sections of the site are classed to be within a registered tree area. This is, however, no reflective of the current site conditions as the sections of the site marked to be within the registered tree area comprises hardstanding areas.
3.2 Given the location of the site in an area not zoned for development, there is a presumption against development as set out in Environment Policies 1 and 2, and General Policy 3. However, there are policies and texts which support equestrian-related developments, as follows:
3.3 "7.15 Equestrian Pursuits 7.15.1 Equestrian activities are becoming increasingly popular in rural areas and on the fringes of our towns and villages. These activities can generally take place only on open, rural land, and often represent a useful way of diversifying traditional farming. The use of land as grazing land falls within the definition of agriculture (section 45 of the 1999 Town and Country Planning
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Act), and does not therefore involve development, but the keeping of horses and the operation of equestrian activities generally do involve development and may have an adverse impact on the appearance and character of the countryside. Sensitive siting and high standards of design, construction, and maintenance are necessary to ensure that there are no such adverse impacts. Whilst horses should be well housed, it will seldom be appropriate to use cavity-wall construction for stables, since such buildings may too easily be adapted for residential uses, so thwarting other policies of this Plan. Where new buildings are necessary, they should be sited close to existing building groups, and designed not only to blend with their surroundings but also to suit their specific purpose."
3.4 Environment Policy 19 states: "Development of equestrian activities and buildings will only be accepted in the countryside where there will be as a result of such development no loss in local amenity, no loss of high quality agricultural land (Classes 1 and 2) and where the local highway network can satisfactorily accommodate any increase in traffic (see Environment Policy 14 for interpretation of Class 1 and 2)."
3.5 Environment Policy 20 states: "There will be a presumption against large scale equestrian developments, which includes new buildings and external arenas, in areas of an Area of High Landscape or Coastal Value and Scenic Significance unless there are exceptional circumstances to override such a policy."
3.6 Environment Policy 21 states: "Buildings for the stabling, shelter or care of horses or other animals will not be permitted in the countryside if they would be detrimental to the character and appearance of the countryside in terms of siting, design, size or finish. Any new buildings must be designed in form and materials to reflect their specific purpose; in particular cavity-wall construction should not be used."
3.7 Following policies within the Strategic Plan are also considered relevant: 3.7.1 Transport Policy 4: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
3.7.2 Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.
3.7.2.1 Appendix 7 Standards: Medical / health services - 3 spaces per consulting room plus staff parking.
3.7.3 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.
3.7.4 Environment Policy 4 protects biodiversity (including protected species and designated sites).
3.7.5 Environment Policy 14: Development which would result in the permanent loss of important and versatile agricultural land (Classes 1-2) will not be permitted except where there is an overriding need for the development, and land of a lower quality is not available and other
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policies in this plan are complied with. This policy will be applied to (a) land annotated as Classes 1/2 on the Agricultural Land Use Capability Map; and (b) Class 2 soils falling within areas annotated as Class 2/3 and Class 3/2 on the Agricultural Land Use Capability Map.
3.7.6 It would also be vital to consider the following policies within the Strategic Plan; General Policy 2, Infrastructure Policy 5, Community Policy 11, Community Policy 7 and Community Policy 10.
4.0 PLANNING HISTORY 4.1 The application site has not been the subject of any previous planning application that is considered to be specifically relevant to the assessment and determination of the current scheme. It is, however, considered that the site is part of a larger equestrian development which has an established presence within the broader site area.
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 The Department of Infrastructure (DOI) Highways Division have stated that the proposal raises no significant road safety or highway network efficiency issues. Accordingly, Highway Services Development Control raises no objection to the proposal subject to all access arrangements including visibility splays to accord to Drawing No. 21/26/01 and 21/26/05 and to increase the mobility impaired parking provision to two spaces.
5.2 German Parish Commissioners have not made any comments regarding the application although they were consulted on 20.04.2022/ 08.08.2022.
5.3 The Owners/occupiers of the following properties support the application: o Cranstal, 31 Copse Hill Douglas (26.04.22/27.04.22); o 41 Clybane Rise, Douglas (26.04.22); o 22A Ormly Avenue, Ramsey (26.04.22); o Rocksholme, Rocky Road, Bradda East, Port Erin (26.04.22); o Apartment 5, Slieau Ree Apartments, Snugborough Avenue, Union Mills (28.06.22); o The Lodge, Oak Hill, Port Soderick (28.06.22); o Bon Accord, Rhencullen, Kirk Michael (01.05.22);
5.3.1 These support the application on the following grounds: o A facility that replaces 'off Island' treatment with local expertise is a massive step forward for both owners and the animals - large and small. o Inability of the island current facilities to provide quality care for spinal injuries. o There is no CT scan/MRI facility currently on the island. o Having the facility on island would reduce treatment times for animals. o The transportation of sick animals to the UK is not only a logistical challenge at times, but also unsafe. o The scheme would keep revenue on the island
5.4 The Owners/occupiers of Green Gates, Main Road, Castletown, object to the application on the following grounds (10 June 2022): o Notice has not been displayed, o The proposed parking is inadequate as it does not meet the Strategic Plan standards, o Kennaa road is also narrow and often difficult to navigate, o Poor visibility and access, o The proposed plans would not meet veterinary hospital standards (not a Planning matter).
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5.5 In response to objections to the scheme, the applicant's agent has provided a response dated 13 June 2022 which states the following topics: o Planning notice has been issued by the planning department and displayed appropriately. o Based on the comments placed on the planning portal referring to the Strategic Plan parking standard, we are required to provide 3 spaces for each consulting room (which includes the consultant's space) and staff parking. o 11 (staff members) minus 4 (consultants) = 7 staff parking spaces required. o 4 (consultant rooms) x 3 parking spaces per room = 12 consultant parking spaces required. o 22 parking spaces have been proposed. o A dedicated space for equine clinic vehicles will be provided. o A road safety appraisal has been carried out and we are in consultation with the Highways Department. o We can assure the planning department that all areas of the proposed veterinary practice will meet current veterinary standards.
6.0 ASSESSMENT 6.1 There are two fundamental issues to consider in the assessment of the current application are: i. The acceptability of the Principle of the proposed development, ii. Visual impact on the wider countryside, iii. whether there would be adverse impacts on highway safety, iv. impact on neighbouring amenity, and v. Loss of high quality agricultural soils.
6.2 PRINCIPLE OF THE DEVELOPMENT (GP 3, EP 20, AND PARAGRAPH 7.15.1) 6.2.1 The Strategic Plan seeks to direct new development towards existing settlements in order to protect the amenities of the Island's countryside. There is, however, a number of exceptional forms of development that can take place in areas that are not zoned for development either because their location is essential or because they result in little or no harm. Equestrian development, by virtue of its requirement for land, is generally located within rural areas. However the main consideration from a planning perspective is whether the development would have an unacceptable impact upon the character and amenities of the countryside.
6.2.2 Whilst it is noted that the scheme would not cater wholly to equestrian needs given that the veterinary practice would cater for other animals such as dogs and cats, it would offer the much needed care for horses on the island given the scarcity of such practice on the island and the growing ownership of horses on the island as evidenced in the number of applications for the stabling of horses.
6.2.3 The reasons provided by the applicant are that there is currently no equestrian clinic and rehabilitation centre on the island, and that they are looking to create a world standard medical centre for small and large animals on the island that will allow service to animals locally without the necessity to travel to the United Kingdom, are also worth considering. Besides, the fact that the facility would be situated within a large equestrian facility which holds a significant number of horses, and where there a number of events which attracts horses and their owners to the site would serve to make the scheme sustainable, as it would be located where horses frequently visit. This would serve to ensure that they can continue to provide the needed support to horses, as well as other animals brought to the site for care.
6.2.4 From the information submitted and comments received from members of the public, it is evident that the business has a large client's base with a growing operation, and the information submitted would appear to clearly identify a need for the service within the equine sector and for livestock kept on farms within the island. Granting the operations within the
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building is not particularly equestrian as it is not a conventional equestrian need, its operations will support equestrian operations and facilitate veterinary care for other small and large animals alike, and as such it is considered that the proposal accords with the provisions set out in GP 3(h), and EP20. It is also vital to note that this scheme would clearly benefit the large livestock production currently on the island and which are also located within the surrounding countryside given its situation and proximity to farm operations by virtue of its location.
6.2.5 Accordingly, it is considered the principle of the proposed development is acceptable and therefore complies with General Policy 3, Environment Policy 20 and Paragraph 7.15.1 of the Strategic Plan.
6.3 VISUAL IMPACT ON THE WIDER COUNTRYSIDE (EP 21 AND EP2) 6.3.1 In terms of visual impacts on the site and surrounding countryside, it is considered that the proposed building would be sited at a part of the site where the dominant views are towards the large equestrian arena, and where the existing tree on the southern boundary and within the registered tree area would provide constant screening from distant views from the south and eastern boundaries. Thus, the proposed building would be seamlessly integrated into the existing building group and built form on the broader site area without undue impact on the surrounding landscape.
6.3.2 In terms of the siting, scale, colour, form and materials of the proposed building, it is considered that the building which is similar in appearance to the existing buildings on site, seeing the external walls would be made of dark green metal profiled panels on the upper sections, while the lower section would be finished in smooth painted rendered finish. The green colour of the roof and cladding would also provide a level of camouflage from the open nature of the countryside. It is also considered that the building would not be visible from public vantage points along the surrounding highway due to the nature of the site boundary and tree enclosures set up around the building. Accordingly, the proposal in terms of design, finish and siting would comply with the requirements of EP 21.
6.3.3 The scheme would also not result in the loss of biota on site or any of the trees around the site as the building would be sited on an area of the site currently made up of hardstanding and not suitable for hosting biota. This would be compliant with the requirements of Environment Policy 2 (a) which seeks to ensure that development would not harm the character and quality of the landscape.
6.4 IMPACT ON HIGHWAY SAFETY (TP4 and 7) 6.4.1 In terms of highway safety impacts, it is considered that the site lies within a group of buildings for a mix of uses which includes tourist accommodation, gymnasium, residential, equestrian and agricultural and along an adopted highway which has perhaps a surprising amount of buildings, much of which is associated with Kennaa Farm or Kennaa Stables, and which have serves development here without creating undue highway safety and functionality concerns. Granting the scheme would result in some increase in traffic towards the site, it is not considered that this increase would be significantly higher than the traffic previously associated with the replaced building on the site which provided additional equestrian facilities within the broader site area, or unduly increase the traffic volumes to an extent that would detrimentally impact the properties in the locality.
6.4.2 It is also considered that there is sufficient parking alongside which will accommodate the vehicles which would be generated by the use as proposed as there would be 12 spaces available to serve the consulting rooms, with the additional 10 spaces providing for 2 mobility impaired parking spaces and 8 additional free parking to serve other users of the site. Likewise, the advice offered by DOI Highways who are the professionals tasked with providing professional advice on highway safety concerns confirm that there would be no concerns with parking and highway safety. As such, it is not considered that there would be any concerns with regard to parking and highway safety resulting from the proposed development.
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6.5 IMPACT ON NEIGHBOURS (GP2) 6.5.1 In terms of impacts on neighbouring amenity, it is considered that the nearest neighbour to the application site is 'Kennaa House' which is situated about 93.3m east of the proposed development, with the existing trees and mature landscaping on the site boundaries serving to further screen the development from these neighbours. It is also considered that the activities within the Kennaa equestrian facility, Kenna Farm, and Former Stables Kennaa Estate are such that would not be materially altered by the new development which is more aligned to the equestrian use of the broader site area. As such, it is not considered that any impact on the neighbours would be sufficient to warrant refusal of the scheme.
6.6 LOSS OF HIGH QUALITY AGRICULTURAL LAND (EP's 14 and 19) 6.6.1 EP19 allows for equestrian development provided that they do not result in the loss of high quality agricultural land. EP14 also states that development which would result in the permanent loss of important and versatile agricultural land (Classes 1-2) will not be permitted except where there is an overriding need for the development. High quality agricultural land is defined as being Class 1/2, Class 2/3 and Class 3/2 as annotated on the Agricultural Land Use Capability Map. The proposal site is shown as being Class 3 and as such falls outside the defined land protected by EP's 14 and 19. Evidence from the submitted pans and photographs indicate that the land is currently occupies a building with the surrounding land used as hardstanding for parking and other uses on the site. As such, the development would not remove the land from agricultural use.
7.0 CONCLUSION 7.1 In summary, the proposal is considered acceptable in terms of equestrian need, benefit to livestock, and visual impact, and broadly accords with the aforementioned policies of the Strategic Plan. The application is therefore recommended for approval.
8.0 INTERESTED PERSON STATUS 8.1 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.
8.2 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 __
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: 26.09.2022
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Signed : P VISIGAH Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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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PLANNING COMMITTEE DECISION 26.09.2022
Application No 22/00464/B Applicant Mrs Agnieszka & Mr Lukasz Kuberka Proposal Erection of a building to provide a Veterinary Practice Site Address Kennaa Farm Stables Kennaa Equestrian Centre Kennaa Road St Johns Isle Of Man IM4 3LW Planning Officer Mr Paul Visigah Presenting Officer As above Addendum to the Officer Report
The Planning Committee considered the application at its meeting on 26 September 2022 and agreed with the recommendation to approve the application subject to amendments to Condition 5.
The amended Condition 5 shall read:
C 5. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans (Drawing No. 21/26/01 and 21/26/05). Such areas shall not be used for any purpose other than for access, parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Give way markings are to be added to the entrance of the proposal site in order to manage traffic movements. The parking spaces shall also be marked out within the parking area on site.
Additional signage is to be provided to direct visitors and smaller vehicles to the dedicated parking area within the site.
Reason: To ensure that sufficient provision is made for safe access, off-street parking and turning of vehicles in the interests of highway safety.
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