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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00991/A Applicant : Mr & Ms Scott & Bayleigh Kneale & Mitchell Proposal : Agreement in principle for the erection of a farm workers dwelling. Site Address : Field 124429 Ballalhen Farm, The Lhen Andreas IM1 3EH
Planning Officer: Mr Paul Visigah Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 26.01.2023 __
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, internal layout, drainage, means of access, 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. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.
Reason: To avoid the accumulation of unimplemented planning approvals.
C 4. The application for the reserved matters must include the following highway information:
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i. Site access surfaced for first 5m from carriageway edge with surface water drained into the site. ii. Plot Access. iii. Pedestrian and vehicle arrangements within the plot, including bicycle and car parking, garaging etc. iv. Car parking to adopted standard and bicycle parking to MfMR criteria. v. Waste bin storage. vi. Surface water drainage.
Reason: the submitted information does not demonstrate how these matters will satisfactorily be addressed.
C 5. The occupation of the dwelling hereby approved shall be limited to a person engaged or last engaged solely in agriculture on the Isle of Man, and any resident dependants or a widow or widower of such a person.
Reason: The site is in an area where new dwellings are not normally approved except where an agricultural need has been established and accepted by the Department.
C 6. Once constructed, if the dwelling is no longer required or occupied by persons engaged in agriculture, in accordance with condition 5 above for a period exceeding 12 months, it must be demolished and the ground returned to part of the surrounding fields.
Reason: an exception to the general presumption against development is being made on the basis of agricultural need and should that need no longer be present, there is no justification for the dwelling and it should be removed.
C 7. Notwithstanding the requirements of Condition 2 approval of the details of the new residential curtilage be shall also 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.
This application has been recommended for approval for the following reason. The development is considered to accord with General Policy 3 (f), Housing Policies 7, 8 and 9, and Environment Policies 1 of the Strategic Plan, as it would not harm the wider environment in terms of its siting relative to the existing farm group, would have acceptable impacts on highway safety and as there is sufficient justification of need for the new dwelling.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawings received on 16.08.2022. __
Interested Person Status - Additional Persons
None __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE SITE IS NOT DESIGNATED FOR DEVELOPMENT AND THE APPLICATION IS RECOMMENDED FOR APPROVAL
1.0 THE SITE
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1.1 The application site comprises Field 124429, which forms part of the curtilage of the Ballalhen Farm, The Lhen, Andreas, which is located on the northern side of the A10 Road. Within the curtilage of the existing farm site lies a detached farm house and five other agricultural buildings. There is a water pond just northwest of the existing building group on site.
1.2 The broader farm site is situated about 86m south of the West Coast MNR (Marine nature reserve), with the proposed site positioned about 210m south of this MNR. To the southwest of the site is a property is Ballacallum Red Gates which is 405m away, while Ballathona Farm is positioned about 232m southeast of the application site.
1.3 The site, as well as the farm is served by a long farm track measuring about 626m from the Coast Road (A 10). This track is lined by sod banks on both sides. There are distant views to the site from the single lane Road which connects the A10 to the Blue Point Car park by the Coast.
2.0 THE PROPOSAL 2.1 The application seeks approval for Agreement in principle for the erection of a farm workers dwelling. The new dwelling would utilise the existing access to the farm yard from the A10, and would be situated within part of field 124429, and within an area defined by redline boundary measuring (within the farm) measuring about 3,737.8sqm (0.92acres or 0.37Hectares). The site is situated directly east of the existing building group within the farm and south of the pond within the broader farm site.
2.2 The applicants have indicated on the application form that only the principle should be assessed. All other matters are reserved.
2.3 The application is supported by an agricultural planning statement which outlines the following: o The new farm workers dwelling would serve the applicants whose parents currently run the farm.
o The existing farm extends to approximately 144.65acres, although the land available to the farm amounts to 350 acres with 90 acres used for cereal, 3 acres for maincrop and 257 as grassland.
o The farming business involves approximately 246 breeding ewes, which are currently lambed through March and April. Usually, 60 or so ewe lambs are retained for replacements with the balance sold locally to Isle of Man Meats.
o The farm is Red tractor Farm Assured. The farm also provides wintering (labour and feed) for 50 suckler cows. These cows are on the farm for approximately 4 months, where they are fed, managed, and looked after prior to them returning to their owner for calving.
o The farm also grows approximately 15 acres of cereals to provide feed and straw for their own on farm use. There is also approximately 22acres of fodder crops grown and approximately 20 acres of grass reseeding taking place annually.
o The farm business currently generates a labour requirement of 1.37 standard labour units.
o Under the DEFA Agricultural Development Scheme and Red Tractor Farm Assurance, which the business applies to and conforms to, there is a requirement that animal health and welfare is not compromised. Residing on site is an essential part to observing stock and also ensuring their management, handling, wellbeing and the security around livestock, medicines, fuels, machinery is a priority.
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o Currently the primary labour force on the farm is the applicant's father who is 58 years Old, with the applicants currently work off farm, but assisting during their spare time. The proposed labour units which the applicant's wish to achieve on the farm are 3.05 standard labour units.
o The standard labour unit requirements indicates that the farm is a substantial farm that would benefit from the additional farm workers dwelling to cater for the additional farm labour on the farm.
o The family are looking at the issue of succession on the farm and the current operator (father) is looking to reduce the physical efforts into the farm, with the applicants taking on more of the day to day efforts.
o One of the applicants would become more involved in the day-to-day operations of the farm, whilst the spouse would continue to be employed off farm, taking on some of the farm administration in her spare time whilst also assisting through busy periods.
o Currently the business could not financially sustain the addition of the applicant without a substantial change to the business output and income. The current operator of the farm sees the proposed dwelling as a key part of succession for the farming business.
o Residing within the existing family home at Ballalhen farm is not practical in the long- term for the applicants as the current operator (father) has resided in the farmhouse at Ballalhen Farm all of their married lives and they have no desire to move off the farm.
o The existing farm house is of traditional character and any extension or significant alteration would result in the character and history being lost or destroyed. This farmhouse at Ballalhen farm does not have an agricultural tie.
o A range of stone outbuildings currently exist at Ballalhen farm. However, these are currently utilised for, and integral to the business, for the housing of livestock and storage of agricultural goods (grain, machinery and equipment).
o The current operator of the farm is looking to reduce his physical efforts, and it is difficult to see that this business could sustain the current level of farming activity for any significant period of time without the input of more (youthful) labour. The business would likely decline until the point where a dwelling was available which could be at least 10-15 years' time. At which point the applicant may have chosen to become engaged in other activities.
o The application for planning in principle for a new agricultural dwelling and access is seen as key for the development of this agricultural business. The business needs to grow in order to facilitate the next generation and the building of a dwelling for Mr Scott Kneale and Miss Bayleigh Mitchell at Ballalhen Farm will be a cost-effective housing solution, allowing the older generation to retire and remain in the family home whilst future proof this family farming business allowing the business to develop to meet both the Islands farming needs and also the family's needs. Encouraging the next generation into family farming businesses is key to ensure that the Islands family farming businesses develop and can deliver a stronger role in the Islands Economy and Environment.
3.0 PLANNING POLICY 3.1 The application site is within an area of white land/open countryside, not zoned for any kind of development under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area, but is within an Area of High Landscape or Coastal Value and Scenic Significance. The site is also not within a flood risk zone as indicated on the Isle of Man Indicative Flood Maps - River & Tidal flood risk, and there are no registered trees on site nor is
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the site within a registered tree area. As such, the following Strategic Plan policies are considered to be relevant in the assessment of the proposal:
3.2 General Policy 3 sets out a presumption against development in the countryside but includes instances where provision of new housing may be acceptable, including "(f) building and engineering operations which are essential for the conduct of agriculture or forestry." Further advice on agricultural development is provided as follows:
3.3.1 Paragraph 7.3.13 "In terms of new agricultural dwellings, permission will not be granted unless real agricultural need is demonstrated and will in every case be assessed in terms of need, sensitive siting, design, and size, and be subject to an agricultural occupancy condition."
3.3.2 Paragraph 7.13.4 "It is recognised that there have been considerable changes in the economy in the last twenty years. The number of people in full time agricultural employment has reduced for a number of reasons including increased mechanisation, reductions in the number of farms; and increases in the size of farm holdings. In many cases smaller farms have been amalgamated into larger units to increase economic viability. This has often been accompanied by the sale of former farmhouses and cottages to those who do not earn their employment in agriculture. At the same time there has been an increase in part time involvement in farming either where the income from agriculture is supplemented by other employment or where the person's main employment is not in agriculture but they farm on a part time basis. In considering the applications for new houses in the countryside the Department will give careful consideration to agriculture justification based on full time employment in agriculture. See also Section 8.9 in Chapter 8 - Housing."
3.4 Environment Policy 15: "Where the Department is satisfied that there is agricultural or horticultural need for a new building (including a dwelling), sufficient to outweigh the general policy against development in the countryside, and that the impact of this development including buildings, accesses, servicing etc. is acceptable, such development must be sited as close as is practically possible to existing building groups and be appropriate in terms of scale, materials, colour, siting and form to ensure that all new developments are sympathetic to the landscape and built environment of which they will form a part.
Only in exceptional circumstances will buildings be permitted in exposed or isolated areas or close to public highways and in all such cases will be subject to appropriate landscaping. The nature and materials of construction must also be appropriate to the purposes for which it is intended.
Where new agricultural buildings are proposed next to or close to existing residential properties, care must be taken to ensure that there is no unacceptable adverse impact through any activity, although it must be borne in mind that many farming activities require buildings which are best sited, in landscape terms, close to existing building groups in the rural landscape."
3.5 Section 8.9: New Agricultural Dwellings "8.9.1 As is indicated in Chapter 7 (at Section 7.14), permission will not be granted for new agricultural dwellings in the countryside unless there is real agricultural need demonstrated sufficient to off-set the general planning objections to new dwellings in the countryside.
8.9.2 Agricultural need should be established having regard to: (a) what living accommodation has been built on, or in association with the farm holding in the past, and how it is now occupied; and
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(b) who will occupy the proposed dwelling, and what role they will play in the operation of the farm; in some circumstances, there will be a legitimate need for a dwelling for a retiring farmer who proposes to vacate the farmhouse but to continue to assist on the farm."
3.6 Housing Policy 7: "New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated."
3.6.1 The supplementary paragraph (8.9.3) states: "In judging whether the need is sufficient to over-ride other policies, particular regard will be had to:-
(a) the previous or proposed severance of land and buildings; (b) the agricultural justification for sub-division of a farm; (c) the long-term viability of new or unproven agricultural enterprises such as smallholdings, market gardens, or horticulture; (d) the extent to which the applicant's employment in agriculture is only part-time; and (e) in the case of a retiring farmer, whether the proposal would result in vacation of an existing farm dwelling for agricultural use, and whether the applicant would continue to assist in the operation of the farm."
3.7 Housing Policy 8: "Where permission is granted for an agricultural dwelling, a condition will be attached restricting the occupation to a person engaged or last engaged solely in agriculture; or a widow or widower of such a person, or any resident dependants."
3.7.1 Paragraph 8.9.4: "Such a condition will not usually be removed on subsequent applications unless it is shown that the long-term need for dwellings for agricultural workers, both on the particular farm and in the locality, no longer warrants reserving the dwelling for that purpose."
3.7.2 Paragraph 8.9.5: "If it is not possible for the farm worker to live in the nearest village, the siting of the proposed dwelling should be selected having regard to the various landscape policies in Chapter 7. In particular, the dwelling should self-evidently form part of the farm group."
3.8 Housing Policy 9: "Where permission is granted for an agricultural dwelling, the dwelling must be sited such that; (a) it is within or immediately adjoining the main group of farm buildings or a group of farm buildings associated with that farm, (b) it is well set back from any public highway, and (c) it is approached via the existing farm access."
3.8.1 Paragraph 8.9.6: "The design of the building should also have regard to the various landscape policies, such as to preserve the character of the local landscape."
3.9 Housing Policy 10: "Where permission is granted for an agricultural dwelling, the dwelling should normally be designed in accordance with policies 1- 7 of present Planning Circular 3/91 which will be revised and issued as a Planning Policy Statement."
3.10 It is also important to consider Environment Policies 1 and 2. 3.10.1 Environment Policy 1 states: "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."
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3.10.2 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."
3.11 Other policies within the Strategic Plan which are considered relevant to the proposal are;
3.11.1 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.
3.12.2 Environment Policy 4 protects biodiversity (including protected species and designated sites).
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 IOM Biodiversity Strategy 2015 to 2025
4.1.1 The strategic aims (In part): o Managing biodiversity changes to minimise loss of species and habitats. o Maintaining, restoring and enhancing native biodiversity, where necessary.
4.1.2 Habitat loss actions "21. DEFA will continue to promote a policy of 'no net loss' for semi-natural Manx habitats and species and ensure that unavoidable loss is replaced or effectively compensated for."
5.0 PLANNING HISTORY 5.1 The application site has not been the subject of any previous planning applications, although the broader site area has been the subject of a number of application for buildings to support the operations on the farm.
5.2 The applications for the broader site area include: o PA 89/00275/B for Construction of agricultural barn - Approved. o PA 95/00740/B for Erection of agricultural stock shed - Approved. o PA 00/00520/B for Erection of agricultural building - Approved.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.1 The Department of Infrastructure (DOI) Highways Division made the following comments in the letter dated 2 September 2022: "The proposal does not raise significant road safety or network functionality issues. Accordingly, Highways Development Control raises no opposition subject to condition for submission of further details as plans and documents for approval in writing prior to commencement, such as at the reserve matters stage for: o Site access surfaced for first 5m from carriageway edge with surface water drained into the site. o Plot Access.
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o Pedestrian and vehicle arrangements within the plot, including bicycle and car parking, garaging etc. o Car parking to adopted standard and bicycle parking to MfMR criteria. o Waste bin storage. o Surface water drainage. Recommendation: Do not oppose subject to condition."
6.2 Andreas Parish Commissioners have stated that they have no objection to the application in a letter dated 7 September 2022.
6.3 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 With regard to the current application, the key considerations are: a. The Principle of the Development - Agricultural Justification (GP 3, HP 15, Section 8.9 & HP 7); b. The Siting and Visual Impact of the development proposed (EP 1, EP2 & HP 15); c. Environmental Concerns (EP 1 and EP 4); d. Highway safety matters (TP 4).
7.2 The Principle of the Development - Agricultural Justification 7.2.1 There is a general presumption against new development and housing in the countryside, as per the IOMSP policies outlined in section 3. This strict approach prevents the gradual loss of open countryside on the Island. One exception is where there is an established agricultural need for a farm workers dwelling, which is the basis on which this application is therefore assessed.
7.2.2 In assessing if there is sufficient need to enable the creation of the new dwelling in the countryside, it is considered that General Policy 3 paragraph (a) allows for an essential housing for agricultural workers who have to live close to their place of work. The applicant has provided details within the agricultural planning statement to confirm that they currently support their father who currently farms the land which currently operates on about 144.65acres, although there is land available to support the expansion of the farm operations on land amounting to about 350 acres, should available family labour be provided through the applicants relocating to the farm site.
7.2.3 It should be noted that the applicant's father will continue to farm the land but is now of an age where he would want to step back from the running of the farm and support the applicants with their farming career. The intention is that the parents will continue to reside on the farm and retract from the day to day farming duties but will continue to support the applicants on the farm; allowing the older generation to retire and remain in the family home whilst future proofing this family farming business by encouraging the next generation to fully take over the family farming businesses.
7.2.4 It is also vital to consider that the farm is an established one and as such, the future expansion and management of the farm relies upon having appropriate staff on hand within the farm. Whilst the farm is situated some 10 to 15minutes drive from Andreas where there are a number of existing properties, some of which are currently available to buy, given that the Strategic Plan makes it clear that the first consideration should be for the farmer to live in the nearest town or village (See Paragraph 8.9.5 of Strategic Plan), the applicants have researched into seeking affordable accommodation around the farm but their search has been futile, given the prevailing costs of properties in Andreas under the current market conditions. Besides, the current costs are well beyond the affordable housing property costs which would be more suited a young farm workers budget. As such, the applicant has concluded that the finance that would be required to purchase these properties would be better directed to the farm itself and the saving between purchasing an existing house compared with building their own
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property at an affordable cost within their existing farm holding. Moreover, residing on the farm site would provide more efficient care of the animals and better management of the farm operations, whilst allowing the farm develop without the need to invest in significant outgoings which would better serve the expansion of the farm business.
7.2.5 Given the issues that have been discussed above, it is considered that the principle of creating a separate unit of accommodation on the existing active farm would be acceptable given the scale of the existing farm business, and the level of farm labour required to sustain and expand the farm business. It would, however, be vital to state here that Housing Policy 8 ensures any new agricultural dwelling is restricted through a condition that stipulates that the occupant must be a person engaged or last engaged solely in agriculture. As such, whilst the principle of erecting a farm workers dwelling on the site would be acceptable given the supporting information provided, the occupancy on any dwelling that results would be subject to the applicant engaging solely in agriculture to ensure there is no breach of any agricultural occupancy condition imposed (as required by Housing Policy 8).
7.2.6 Therefore, it would be appropriate for any approval to apply an agricultural workers condition restricting the occupation to persons engaged or lastly engaged solely in agriculture to ensure compliance with HP 8.
7.3 Siting and Visual Impact 7.3.1 In terms of the siting of new dwellings in the countryside, particularly where there is an established farm with numerous farm buildings, the initial preference is for the reuse of the existing outbuildings with some conversion and adaption of the building in accordance with Housing Policy 12 & 13. In this case, as this is not possible due to the buildings being fully utilised to support the existing farm operations, it has been proposed that the new building is sited as is practically possible to the existing building group, with the only separator being the farm track which cuts through the site.
7.3.2 Housing Policy 9 echoes the requirements of Environment Policy 15 by requiring that an agricultural dwelling be sited within or immediately adjoining the main group of farm buildings, is set well back from the highway, and is approached via the same access. In the case of the proposed scheme, it is considered that although the specific location of the new dwelling has not been defined within the current proposal, the proposed location within an existing field on the farm and adjacent to the existing farm building group in this rural landscape would be acceptable. Moreover, the new dwelling would be set back from the main highway serving the site, and utilize the existing farm access. Thus, it is considered the proposed location of the application site would be compliant with Ep15.
7.3.3 In terms of the visual impact of the proposal (measured within the lens of HP 10 and EP 15), it is considered that this is an approval in principle and there are no details of the proposed design or building appearance to be assessed. As such, matters related to design and appearance (reflected through planning circular 3/91), and associated visual impacts would be the matter for the reserved matters application.
7.4 Environmental Concerns 7.4.1 With regard to environmental concerns, it is considered that the proposed site is currently within an area with old spoil heaps, scrap vehicles and machinery. As such, creating a new dwelling at this part of the site would facilitate its clearance and subsequent management which would be in the interest of the ecology of the site. It is also considered that parts of the site is a continuation of grazing land, and therefore its use would not see the loss of any ecological features.
7.4.2 In terms of the wider impact on the nearby pond to the north which could serve some ecological relevance, it is considered that the pond is without the proposed site boundary
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where it is not expected that there would be any form of interference to the ecology of the pond. Besides, any such concerns in this case would be outweighed on planning balance by the agricultural need demonstrated. All the same, the broader ecological impacts would be better assessed when the details of the proposed dwelling are provided as part of a reserved matters application, where it would be possible to ascertain clear distances between the proposed dwelling and potential ecological features around the site.
7.5 Highway Safety 7.5.1 As already indicated, access to the dwelling would be achieved from the existing farm access which is accessed from the Coast Road. The applicant has provided visibility splays drawings which shows that 2m x 95m visibility can be achieved to the east of the farm access, while 2.4 x 145m visibility can be achieved to the west, and these are within acceptable highway standards. It is also considered that the additional use of the existing access for additional residential access and associated vehicles would not unacceptably intensify the use of the access, resulting in highway safety concerns.
7.5.2 Furthermore, DOI Highways have raised no objection to the scheme save for the request for some conditions to be imposed, which indicates compliance to Highway requirements.
7.6 Other Matters 7.6.1 It has been noted that the red line boundary for the application site envelopes a large area in excess of 3,800sqm (0.95acres or 0.39Hecatres) which is considerably large and almost at par with the size of the existing farm yard. Therefore, although the current application only seeks assessment of matters related to just the principle of erecting a farm worker's dwelling within the area, with all matters reserved, it would be vital to include a condition requiring that the delineation of the defined residential curtilage associated with the new dwelling forms part of any future reserved matters application for the site. This would ensure that it is not assumed in the future that approval has been granted for the use of the entire site area marked within the red line boundary as the new residential curtilage.
8.0 CONCLUSION 8.1 Overall, it is considered that the proposed dwelling is justified and will not have an unacceptable visual impact, and is acceptable in highway safety terms. The application is considered to accord with the relevant Strategic Plan policies and is supported.
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 in Article 6(4) who should be given Interested Person Status.
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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body 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: 13.02.2023
Signed : Paul 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
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