►
Description
Armagh City, Banbridge and Craigavon Borough Council Planning and Regulatory Services Committee on Wednesday the 3rd of August 2022 at 3.00pm in the Council Chamber at Craigavon Civic and Conference Centre
B
And
authoring
members
and
online
viewers-
this
is
an
august
planning
and
regulatory
committee
making
on
the
first
agenda
on
the
items.
Apologies,
I
have
apologies
from
alderman
wilson,
oliver
nonsen
councillor,
megan,
linden
and
olga
mur.
The
director
is
running
from
the
floor,
no
okay,
just
to
make
members
of
where
we
have
cancer
to
obama
online
joining
us.
C
Thanks
cher
good
afternoon
members,
members
of
the
report
before
you'll
see,
gives
you
information
relating
to
live
case
loads
and
decisions
issued
and
so
on,
right
relating
to
the
period
of
july,
and
you
will
see
from
the
report
before
you
that
the
department
issued
146
decisions
during
the
month
of
july
and
we
received
a
total
of
113
applications
over
that
same
period.
C
That
leaves
us
now
with
a
live
case,
study
of
996,
which
means
that
we've
now
broken
through
that
threshold
of
1
000
cases,
so
we've
broken
through
that
barrier,
which
is
a
positive
news,
obviously,
and
we're
fully
committed
members,
as
you
know,
to
driving
that
number
further
downwards
and
to
try
and
get
back
to
where
we
were
pre-covered
levels.
C
So
progress
has
been
made
just
to
touch
briefly
on
collins
members,
you'll
note
that
two
applications
were
called
in
during
july,
bringing
the
total
year
to
date
to
10
and
happy
to
take
questions
or
queries.
Jerk
thanks.
B
D
Yeah,
thank
you,
chair
and
yeah.
I
agree
with
you
to
break
that
1000.
Sorry
and
hopefully
it
keeps
to
keeps
on
that
downward
trend.
Do
you
mean
staff
ways?
Are
all
positions
filled
or
where
are
we
because
I
know
there
was.
There
was
obviously
recruitment
going
on
so
in
relation
to
obviously
duty
planners
and
obviously
admin
staff
and
enforcers
thanks.
C
Thanks
chair
thanks
concert,
nicholson
and
yeah
you'll
appreciate
that
the
staffing
position
is
an
evolving
picture,
because
we
have
quite
a
lot
of
staff
movements
taking
place
at
any
one
time.
But
currently
it
is
six
vacant
posts.
Well,
it's
actually
five
vacant,
one
long
term,
sigma
substance
and
it
gives
us
a
vacancy
rate
of
around
12
13,
which
is
higher
than
a
lot
higher
than
what
it
should
be.
Normally.
C
I
think
there
is
an
alliance
that
any
place
of
work
would
operate
around,
perhaps
three
four
percent
and
but
we're
well
above
that-
and
we
have
been
well
above
that
for
some
time
and
the
breakdown
of
that
is.
We
have
three
planners
planning
posts
that
are
vacant
and
on
the
admin
side,
it's
three
as
well,
and
but
we're
working
very
closely
with
human
resources
to
try
and
fill
those
posts
and,
as
you
know,
precept
members.
C
B
C
Yeah,
thank
you
again
sure
members.
The
report
before
you
provides
an
analysis
of
the
statistical
bulletin
for
the
2021-22
business
year,
which
was
published
in
the
7th
of
july
by
the
department
for
infrastructure
and
the
bulletin
provides
an
overview
of
planning
activity
across
the
11
councils
and
the
department
itself
and
you'll
note
that
out
of
the
11
councils,
we
received
the
fourth
highest
number
of
applications
last
year
and
in
terms
of
decisions
issued,
we
were
also
the
fourth
highest.
C
Furthermore,
by
processing
86
of
our
enforcement
cases
within
39
weeks,
we
were
significantly
better
than
the
northern
ireland
average
of
70
and
against
this
target
for
enforcement
members.
The
council's
performance
was
unofficially
ranked
the
second
best
out
of
the
11
councils
with
regard
to
major
applications.
We
missed
the
target,
unfortunately,
by
approximately
one
week,
which
is
extremely
disappointing
and
is
mainly
attributable
to
the
new
call-in
process,
which
you'll
recall
members
which
introduced
last
year
following
a
court
ruling.
C
Had
it
not
been
for
that,
we
might
have
met
the
target,
so
it
was
extremely
disappointing
for
us.
Nevertheless,
with
an
average
processing
time
of
31.6
weeks,
we
performed
significantly
better
than
the
northern
ireland
average
of
49.8
weeks
and
so
against
the
majors
target,
which,
as
you
know,
relates
to
large-scale
investment
projects.
C
Our
performance
was
unofficially
ranked
as
third
best
out
of
the
11
council,
so
that's
second
and
third,
for
enforcement
and
majors
respectively.
With
regard
to
local
applications.
The
council
recorded
an
average
processing
time
of
just
over
24
weeks,
which
missed
the
statute
target
of
15
weeks,
which
is
extremely
disappointing
for
us
and
but
as
a
result,
mainly
of
the
ongoing
challenges
around
high
case
loads
and
staff
vacancies,
which
I
mentioned.
C
As
I
mentioned
earlier,
we
are
continuing
to
work
extremely
hard
to
address,
and
indeed
members
can
tell
you
that
we
have
already
seen
a
significant
improvement
in
our
performance
against
the
local
target
during
quarter.
One
of
this
business
here
and
we're
fairly
committed
to
building
that
improvement
as
we
move
forward
but
happy
to
take
any
questions
or
queries.
Sure.
B
Is
there
any
for
damian
on
that
everybody's
content,
then
that
was
an
item
for
information.
So
we're
having
to
note
that
okay
members
were
on
to
agenda
item
four
and
that's
report
from
the
head
of
pending
control
and
there's
two
decision
items.
First
up
we
have
got
the
three
street
naming
reports
so
I'll
hand
over
to
tom,
so
he
can
take
us
through
4.1.
B
E
Thank
you
chair
on
good
afternoon
members
item.
4.1
is
a
request
for
the
naming
of
a
housing
development
consisting
for
dwellings
of
the
bomb
bridge
road
in
warrington,
and
the
applicant's
preferred
name
is
weavers
close,
and
the
rationale
is
that
the
very
names
celebrate
weinstein
historical
connection
with
linen
industry.
E
Members
should
note
that,
regarding
the
second
option-
and
there
already
is
a
church
feeling
important
so
option,
two
would
not
be
appropriate.
So
the
recommendation
for
therefore
is
remembers
approval
of
weaver's
clothes
and
I'm
happy
to
take
any
questions.
Members
may
have.
B
B
E
Thank
you
chair.
This
is
a
request
for
the
naming
of
a
housing
development
consisting
of
14
dwellings
off
the
dynamo
and
details
are
contained
within
the
appendix
ii.
The
applicant's
preference
for
this
name
is
newline
cottages
and
the
applicant's
main
reason
for
the
preferred
name
as
I've
learned
in
this
letter
is
that
the
development
is
in
close
proximity
to
the
nearby
new
line
road
and
it's
coupled
with
the
cottage-like
design
of
the
properties.
E
Now
officers
have
assessed
and
deemed
the
third
option
could
be
considered
as
median
requirements
of
clause
3.2
of
the
client's
street
neon
policy,
as
the
new
line
road
is
close
by,
although
not
immediately
adjacent,
but
members
may
wish
to
consider
the
other
two
options.
Although
option
3
incorporates
the
name
at
which
the
policy
discourages
under
normal
circumstances,
so
just
to
recap,
the
applicant's
third
name
for
the
development
is
newline
cottages
and
I'm
happy
to
take
any
questions.
Members
may
have.
B
Thank
you
very
much
tom
alderman
twable,
you
have
your
light
on
was
that
from
previously
okay.
Thank
you.
No
worries,
counselor,
lovely
you're.
Looking
in.
H
Thank
you
chair.
I
suppose
maybe
my
preference
would
be
to
go
to
option
two
grand
avent
avenue
just
because
it
is
off
green
allen
lane
unless,
if
you're
naming
it
newline
colleges,
you
might
think
it's
off
new
young
road,
so
maybe
some
confusion
getting
there.
So
I
don't
know
what
other
members
think,
but
I
think
you
know
grand
aven
avenue,
given
that
it's
it's
off
glen
avenue
and
will
be
the
most
appropriate
option
in
maybe,
but
he
can
happy
to
listen
to
other
members
sure
rather
make
a
proposal
without.
A
B
Thank
you
very
much.
Councilman
we're
going
to
have
that
proposal
proposed
and
seconded
councilor
nicholson,
bringing
in.
D
Yeah
thanks
john
no,
I
was
gonna
second,
it
so
a
bit
like
crunch
love
it.
I
don't
really
like
the
name
elaine
to
be
honest
with
it
sort
of
confusions
and
as
I
say
it
was
close
to
den
alvin.
I
think
it's
a
suitable
name,
so
I
was
going
to
attack
and
that's
why
I'm
having
a
support?
Thank
you.
B
Thank
you
very
much
nicholson
and
I
think
from
the
marriage
sergeant
right,
there's
new
line
in
lawrence
town
as
well,
but
we'll
have
this
decision
proposed
and
seconded.
So
that's
at
one
four
point:
two
sorted:
okay.
Members
will
move
on
to
four
point
three,
and
this
is
a
street
naming
report
for
harcourt
monarch,
so
utah.
E
Thank
you
chair.
This
is
a
request
for
the
name
of
the
housing
development
consisting
of
three
dwellings
off
the
candy
gear.
Reuben
quarter
down
maps
are
in
appendix
iii.
The
appling's
preferred
name
for
development
is
a
hardcore
manner
and
the
applicant's
main
reason
is
that
the
preferred
name
is
is
close
to
harcourt
hill
members
will
note
that
the
applicant
has
stated
their
email
that
that
is
in
the
town
land
of
harcourt.
E
E
J
Thanks
chair
and
thanks
tom
and
who
knew
street
naming
would
be
super
dante
this
evening,
but
looking
at
the
maps
and
knowing
the
area,
the
development
actually
is
on
the
side
of
the
road
of
huntingdale
lodge
harcourt
hill
is
on
the
other
opposite
side
of
the
road
and
further
down
a
bit,
and
it
would
maybe
be
a
bit
out
of
place
just
on
the
town
of
europe.
J
If
you
were
to
call
it
harcourt
and
confusion
confusion,
my
preference
would
be
that
we
in
keeping
with
the
development
that
is
just
that
the
wraps
are
right
around
the
site
which
is
hunting
deal
and
everybody
knows
hunting
dealer
knows
exactly
where
it
is
in
terms
of
locally
imported
iron,
so
my
preference
is
it'll,
be
hunting
deal
avenue
so
we'll
make
that
a
proposal.
Thank
you.
D
Yeah
thanks
sure
I
think
country
cosby
is
going
to
learn
that
there's
a
lot
of
penance
things
and
and
planning,
but
look.
I
know
I'm
happy
to
second
it
I
I.
I
know
that
area
very,
very
well.
As
coach
cosby
has
said,
it
is
surrounded
by
hunting
deal
it's
that
side
of
the
road.
I
think
huntington
dale
avenue
is
a
very
fair
name
for
it.
So
I'm
happy
to
second
the
chair.
B
Thank
you
very
much
council
nicholson,
so
we
have
the
name
of
huntingdale
avenue,
as
proposed
by
councillor
cosby
on
saturday
by
councillor
nicholson.
So
I'll
have
a
membership.
Okay,
so
we'll
move
on
from
the
street
neiman
and
we're
on
to
agenda
item
4,
which
is
a
report
from
head
of
building
control.
So
this
is
still
with
no
sorry,
it's
4.4-
and
this
is
an
adam
for
information,
tom
and
you're,
going
to
take
us
through
the
application
workload.
E
Thank
you
chair.
This
is
just
to
keep
members
up
to
date
on
some
of
the
workloads
for
the
first
four
months
of
this
financial
year,
and
members
will
recall
last
month
that
the
I
reported
the
building
regulations
has
changed
from
the
30th
of
june
and
we
have
seen
a
huge
volume
of
work
submitted
in
june
in
advance
of
the
implementation
date
of
the
new
regulations
and
not
only
had
the
number
of
applications
significantly
increased,
but
also
the
size
of
the
application.
E
E
To
put
this
into
perspective,
and
normally
in
a
busy
year
for
12
months,
we
would
receive
applications
with
a
notional
construction
investment
value
in
the
region
of
between
240
to
250
million
the.
However,
for
the
first
four
months
alone
of
this
year,
we
have
received
applications
well
in
excess
of
289
million
pounds
worth
of
construction
work,
our
investment
into
our
council
area,
so
we've
already
received
well
more
than
we
normally
receive
in
the
entire
year.
E
Why
this
investment
is
is
very,
very
welcome.
It
is
inevitable
that
our
response
times
for
assessments
and
approvals
etc
will
unfortunately,
but
hopefully,
understandably
be
significantly
led.
While
we
work
through
these
applications
and
process
them,
but
members
can
be
sure
that
we
will
do
our
best
to
process
everyone
as
quickly
as
possible.
E
The
department
has
also
continued
to
deliver
the
council's
property
certificate
function
for
the
conventions
of
properties
and
in
the
first
four
months
we
have
received
over
1270
new
applications
and
issued
1329
certificates
relating
to
property
sales
in
the
in
the
council
area.
So
again,
it's
an
extremely
busy
area.
It's
going
to
be
popular
for
people
purchasing
properties,
so
sure
this
is.
For
members
information,
but
I'm
happy
to
take
any
of
any
questions
that
members
may
have.
Thank
you.
B
J
Thanks
sure,
and
thanks
tom,
and
for
that
too,
and
pass
on,
certainly
our
thanks
to
your
team
for
working
under
an
immense
workload.
There's
no
question
of
that,
and
I
know
any
time
we've
dealt
with
them.
J
They've
been
they've
been
more
than
helpful
unresponsive
in
terms
of
obviously
the
workload
increasing
to
such
an
extent,
but
we
already
knew
we
had
a
conversation
in
this
chamber
in
june
around
staffing
levels,
and
I
knew
there
was
ongoing
recruitment
and
that
in
that
area
as
well,
and
I'm
wondering
if
you
maybe
just
provide
a
bit
of
an
update
because
obviously
not
having
the
right
number
of
staff
in
the
deal
with
a
normal
workload,
certainly
is
challenging.
J
But
when
you
deal
with
an
abnormal
workload
which
which
you're
being
presented
with
now
from
june,
is
going
to
cause
you
more
problems.
So
I'm
keen
to
see
where
we
are
with
that.
E
Thank
you
chair.
Yes,
we
have
had
some
issues,
we
had
three
back
in
posts
and
we
have
at
one
point
in
time
with
two
long
term
sickness.
I'm
happy
to
report
that
we
now
are
down
to
one
long
term,
sickness
and,
and
hopefully
that
person
will
be
back
in
the
next.
In
the
coming
weeks,
the
three
posts
we
had.
We
filled
the
administration
post
only
recently
the
other
tactical
officer
post.
E
We
shortlisted
today
and
then
that
has
been
out
twice
before
so
we're
hopeful
that
we'll
get
something
this
time
the
building
tool
officer
post.
We
did
shortlist
and
we
did
a
make
an
offer
on
the
reserve,
but
unfortunately,
neither
were
taken
up.
So
we
are
actually
have
gone
through
the
recruiting
exercise
again
and
I'll
be
sure
to
listen
again
next
week
on
those
posts.
B
H
Thank
you
chair.
It's
a
bit
of
an
unusual
one,
something
saying
on
social
media
the
other
day
and
just
wanted
to
raise
saying
that
liverpool
city,
council
and
a
few
others
were
discussing
the
use
of
artificial
grass,
and
they
were
talking
about
changing
permanent
development
rights
and
so
on,
and
I
just
want
to
check
what
the
situation
is.
You
know
at
the
northern
ireland
level,
I'm
assuming
you
know
residents
can
they
put
down
artificial
grass
and
so
on
and
their
properties
without
without
needing
permission
of
any
organization.
H
Well,
it's
kind
of
our
other
thing,
but
I
wanted
to
clarify
that,
in
terms
of
developers
would
artificial
grasp
be
considered
as
open
space
in
terms
of
plan
applications?
You
know
when
certain
developments
of
a
larger
size
have
to
have
a
certain
percentage
of
open
space.
I'm
assuming
that
open
space
has
to
be
grasped
using
with
normal
grass
trees
and
so
on.
H
I
suppose,
and
while
I've
heard
anything
you
know
within
changes
of
legislation
in
terms
of
a
northern
ireland
basis,
which
I
assume
would
be
you
know,
an
assembly
role
in
a
council
matter
in
terms
of
the
assigning
what
is
and
what
is
not
permitted
development
rights.
So
just
a
couple
of
queries
there
sure
if
officers,
have
any
information
on
them.
Thank
you.
B
C
Yeah
thanks
sure
thanks
concert,
larvae,
yeah
look
comes
early,
so
I
can
give
you
an
accurate
response.
It
might
not
be
to
deal
with
it
outside
this
form.
If
you
want
to
send
me
through
the
details
of
your
queries
and
also
the
the
details
around
that
liverpool
city
council
kiss,
you
can
have
a
look
at
that,
and
but
what
it
would
say
is
that
there
are
permitted
development
rights
for
householders
you're
entitled
as
a
householder
to
carry
out
certain
works,
but
then
your
own
property
without
any
need
for
planning
permission.
C
The
laying
of
artificial
grass,
for
example.
We
would
fall
into
that
category
if
you're,
looking
at
the
laying
of
an
artificial
surface
in
other
contexts
that
may
require
planning
permission
depending
on
the
situation
and,
for
example,
if
it's
a
sports
pitch
somewhere
and
it
doesn't
have
permitted
development
rights,
it
would
constitute
development
requiring
planning
permission.
C
So
it
depends
on
the
circumstances
and
the
details
of
each
case,
but
certainly
if
it's
your
own
property,
a
householders
property
permission
would
not
be
required
and
but
it'd
be
interesting
to
see
the
details
around
that
liverpool
city
council
case.
I
think
what
you're
getting
at
is
that
they're
now
considering
extending
permit
permitted
development
rights
to
enable
the
rolling
out
of
artificial
grass
in
most
cases
to
basically
take
the
pressure
off.
The
planning
system
can
understand
why
that
would
be
the
case.
C
If
there
was
something
similar
to
be
ruled
out
in
northern
ireland,
it
would
require
a
change
of
the
legislation.
But
look
I'd
prefer
just
to
see
the
details.
Written
down,
have
a
look
at
it
and
give
you
what
I
would
consider
to
be
a
more
accurate
response,
but
hopefully
that's
helpful
to
you
anyway.
B
H
Go
ahead
thanks,
damian,
I'm
happy
to
send
those
details
on,
but
just
to
clarify
in
terms
of
say,
like
a
larger
application
did
come
in
and
it
had
its
open
space
allocation
of
an
artificial
nature
in
terms
of
neural
and
green.
Open
grass
would
officers
consider
that
as
open
space
or
would
they
prefer
to
see
the
likes
of
more
natural
environment
established
in
those
open
spaces.
B
Can
you
answer
that
david
yeah
I'll.
C
Try
and
provide
an
answer
to
that
thanks,
chair
yeah.
No,
I
I
don't
think
it
takes
away
from
the
the
open
space,
whether
it's
grass
or
or
artificial
grass
counts
or
lovely,
because
open
space
can
even
include
hard
surfaces,
gravel
services
or
tarmac,
for
example,
and
if
it's
open
space,
it's
open
space,
and
so,
if
your
query
is
around
whether
the
change
would
result
in
that,
that
would
result
in
that
already
becoming
not
being
defined
as
open
space.
It
wouldn't
impact
on
that
at
all.
L
B
B
Thank
you,
okay,
members,
we're
on
to
agenda
item
five,
and
this
is
applications
for
planning
permission
to
be
considered
by
the
committee.
So
I
need
to
read
this
statement
out.
First,
members
of
the
public
are
advised
that
the
planning
and
regulatory
service
committee
has
been
held
in
the
council
chamber
and
cricket
civic
center.
B
As
a
result,
members
of
the
public
are
only
able
to
view
the
meeting
on
youtube
and
anyone
wishing
to
address
the
committee
has
been
invited
in
the
first
instance
as
an
attendee
via
zoom
audio
recording
is
being
used
to
assist
in
preparing
the
formal
minutes.
Therefore,
anyone
participating
in
the
meeting
consents
to
being
recorded
and
being
live
stream
on
youtube.
B
And
nicola
craney
will
be
presenting
currently
lockhart
mp
is
to
make
representations
and
support
his
application,
and
carl
will
have
five
minutes.
Brad
martin
has
to
make
representations
in
support
of
the
application,
and
bran
will
have
three
minutes
and
also
in
attendance
is
harvey
magalier
who'll
be
here
for
speaking
rights.
Only
so
I'm
going
to
hand
over
to
nicola
craney
now
for
her
report,
neglect.
M
Thank
you
chair
and
this
application
is
for
dwelling
on
cloven
eden,
road
and
the
recommendation
is
to
refuse,
and
there
are
five
reasons
for
refusal
in
terms
of
the
principle
of
development.
The
proposal
does
not
comply
with
the
current
planning
policy,
the
spps
and
pps21,
and
is
relying
on
a
previous
permission
under
o
2003
1487
f,
granted
by
the
department
of
the
environment
on
the
24th
of
february
2006,
which
expired
on
the
24th
of
february
2011..
M
This
decision
contained
two
pre-commencement
conditions.
There
were
not.
These
were
not
discharged,
specifically
the
condition
on
archaeology
condition,
7,
which
is
considered
to
go
to
the
heart.
Of
this
permission,
conditions
on
archaeology
are
necessary
prior
to
commencement
of
works
to
safeguard
archaeological
sites
and
monuments.
M
The
condition
was
required,
as
the
site
lies
immediately
adjacent
to
an
early
christian
wrath
and
historic
monuments
have
advised.
There
are
indicators
of
high
archaeological
potential.
This
may
seem
a
technicality,
but
as
this
has
not
been
discharged,
the
permission
has
expired
and
cannot
be
used
as
a
fallback
position.
M
M
There
is
also
this
has
also
been
listed
as
a
further
reason
for
refusal.
There
are
no
objections
from
third
parties
in
terms
of
the
other
material
considerations.
The
proposal
fails
to
comply
with
cty
8
cty,
13
and
14,
which
are
integration,
rule
character
and
ribbon
development,
as
set
out
in
the
report
and
officers
recommend
that
the
application
be
refused
and
I'll
just
go
to
the
presentation.
M
M
And
these
are
views,
then,
from
the
site,
as
you
can
see,
it's
quite
an
elevated
site
and
there
are
views
right
over
the
countryside
next
slide,
please.
M
B
Thank
you
very
much
nicola.
I'm
now
going
to
bring
in
carla
lockhart
mp,
carla
you're,
very
welcome
to
planning
committee
today
to
make
a
representation
in
support
of
the
application.
You
will
have
five
minutes
and
that
five
minutes
will
commence
when
you
start
speaking,
and
once
this
goes
to
zero,
the
club
or
your
your
megaphone
will
be
needed
and
you'll
have
allowed
to
continue
to
get
five
minutes
on
exactly
so
I'll.
Just
bring
you
now
carla,
okay,.
N
I
just
want
to
make
some
points
on
this
application,
but
where
background
phil
planning
permission
was
granted
on
the
application
site
by
the
doe
planning
service
on
the
22nd
of
february
2006
that
consent
allowed
for
the
development
to
be
commenced
within
a
period
of
five
years.
That
is
up
to
the
22nd
of
february
2011.,
due
to
serious
ill
health.
The
developer,
mr
jim
hewitt,
was
unable
to
undertake
all
the
works
necessary
to
complete
the
dwelling.
N
However,
in
order
to
keep
the
consent
alive,
he
constructed
approximately
four
square
meters
of
the
foundations
of
the
dwelling
in
january
2011
11,
just
before
the
consent
was
due
to
expire.
This
is
confirmed
by
an
invoice
for
the
work
from
the
contractor
and
by
building
control
records.
No
further
work
was
carried
out
on
the
site.
Having
so
commenced
construction
of
the
dwelling,
the
applicant
can
legally
proceed
to
recommence
construction
and
finish
the
development
development.
Notwithstanding
the
planner's
description
of
the
proposal,
a
change
of
house
type
is
not
part
of
the
applicant's
proposal.
N
The
only
changes
proposed
are
one:
a
reduction
of
the
originally
approved
cartilage
of
the
dwelling,
which
in
itself
does
not
require
planning
permission
and
two,
a
repositioning
of
the
originally
approved
point
of
access
and
laneway
to
the
dwelling.
Both
changes
provide
significant
betterment
over
the
original
approval
in
terms
of
integration
of
these
features
into
the
site
and
the
surrounding
area.
N
The
applicant
did
not
set
out
to
avoid
compliance
with
that
condition,
but
simply
ran
out
of
time
to
provide
the
program
before
the
consent
expired,
and
only
a
minimum
of
work
was
carried
out.
The
breach
of
that
condition
has
not
rendered
the
small
amount
of
the
development
carried
out
illegal
and,
in
any
case,
enforcement
action
is
no
longer
possible.
Some
time
ago,
the
applicant
engaged
archaeological
services,
consultancy
firm,
which
has
already
been
in
contact
with
historic
environment
division,
to
agree
a
program
of
works
which
can
be
secured
by
a
planning
condition.
N
We
believe
historic
environment
division
has
raised
no
fundamental
objection
to
what
the
applica
applicant
has
proposed.
Mr
mcaleer
has
submitted
entrance
details
drawings
that
he
requested,
and
he
is
not
aware
of
any
further
requests
for
information.
The
fifth
reason
for
refusal
cannot
be
justified.
An
approval
would
be
the
correct
planning
decision.
It
would
also
enable
the
applicant
to
complete
a
development
that
he
had
to
hold
for
over
11
years,
and
it
would
enable
the
objective
of
the
planning
condition
to
now
be
secured
over
an
even
greater
part
of
the
site.
Thank
you.
B
I
Okay,
thank
you
chairman,
and
the
application
was
first
submitted
by
mr
mclear
mcaleer,
almost
solely
for
the
relocation
of
the
access
and
reduction
in
the
dwellings
cartilage,
as
was
originally
approved.
However,
at
that
time,
mr
mcalee
was
informed
that
it
was
not
possible
to
make
an
application
for
an
access.
I
Mr
mcelroy
was
also
informed
that
he
had
to
include
a
change
of
house
type
in
the
description,
in
spite
of
him,
pointing
out
that
the
house
to
be
built
was
exactly
the
same
as
that
which
was
previously
approved.
He
reluctantly
acceded
to
the
request,
as
he
was
told
that
the
application
would
be
returned
to
him
if
he
did
not.
I
The
planner's
claim
is
that
the
foundation
work
carried
out
in
january
2011
was
unlawful,
as
with
any
work
to
now
complete.
The
dwelling
that
position,
however,
has
absolutely
no
legal
support
the
principles
and
practice
to
be
followed
in
dealing
with
the
legality
of
work
carried
out
before
complying
with
the
planning
condition
requiring
something
else
to
be
done.
First,
are
not
found
in
planning
legislation
or
planning
policies,
but
are
set
out
in
planning
case
law,
which
has
been
evolving
on
this
subject
over
a
number
of
years.
I
B
K
B
D
Yeah
thanks
chairman,
and
thanks
to
the
to
those
that
presented
to
the
committee,
thus
far
chairman,
there
was
a
mention
of
kia
slaw
here
I
I
would
be
I'd
like
a
legal
opinion
before
we
just
begin
discussion
in
this
case,
because
obviously
we
have
a
legal
representative
here
so
I'd
like
sort
of
a
an
opinion
before
we
get
into
the
sort
of
the
nuts
and
bolts
of
this
just
to
see
where
the
kia's
law
stands
and
and
why
it
hasn't
been
a
maybe
or
maybe
has
been
considered
in
in
in
this
case,
thus
far.
B
B
J
Thank
you
chair
and
apologies,
and
I'm
not
speaking
an
objection
to
because
I
think
where
we
will
get
to
is
I'm
keen
to
hear
the
legal
background
on
that
I
think
prior
to
getting
there.
What
I
am
keen
to
know
is
given
that
this
information
was
presented
to
planners.
J
I
believe
august
21,
I
think,
was
the
date
that
you
had
referenced
if
it
was
giving
to
planners.
It
may
be
something
I
would
have
expected
to
have
considered
in
here
and,
and
I
don't
see
it
and
I'm
wondering
what
weight
was
given
to
it
even
before
we
get
to
the
legal
opinion
on
it.
J
You
know,
and
I'm
kind
of
interested
as
to
see
why
that's
not
existing
within
the
planners
report,
because
that
is
clearly
going
to
be
a
material
consideration
for
this
committee,
because
if
there
is
case
law-
and
something
has
been
pointed
out
by
somebody
speaking
in
support
of
an
application
that
has
been
provided
to
you-
we're
being
asked
to
make
a
decision
based
on
all
of
the
information,
I
don't
feel
that
we've
got
it
all
in
this
report.
J
B
Council
calls
me
I'm
going
to
have
cancer
cosby's
question
answered
before
go
into
legals
about
okay,
members
and
nicola.
Do
you
want
to
take
that
query
or.
M
Sorry,
we
did
have
information
submitted
to
us
and
that
had
been
considered
as
part
of
the
application
in
terms
of
our
when
we
were
processing
it.
But
in
terms
of
them
providing
a
report
to
committee.
We
dealt
with
the
issues
really
in
terms
of
the
principle
of
development
and
how
we
considered
it.
So
no,
we
didn't
go
into
it
because
we
didn't
consider
that,
and
there
was
a
fallback
position
in
regards
to
this
dwelling,
and
we
didn't
think
that
we
needed
to
go
into
the
details
of
of
case
law.
J
Thank
you
chairman,
I'm
sorry
for
being
blunt,
but
that
is
a
decision
for
this
committee
to
make
based
on
all
of
the
information
that
would
arise
from
any
application,
and
I
appreciate
the
planners
expertise
in
this
area
on
the
information
on
the
games
that
they
give
us.
J
But
I
I
have
several
questions
about
this
application
that
I'm
happy
to
get
into
after
we
come
back
out
of
the
sitting
and
what
I
certainly
would
would
want
to
see
a
clear
rationale,
or
here
a
clear
rationale
as
to
why
that
isn't
being
given
what
I
would
suggest
as
material
weird
in
this
it
has
been
set
aside.
It's
not
relevant
is
from
from
what
I've
heard.
J
So
I'm
a
wee
bit
cautious
around
some
of
that
so
and
given
that
it
has
been
articulated
in
a
different
way
by
the
supporters
of
this
application-
and
I
I'm
happy,
mr
chairman,
that
we
do
get
some
legal
opinion
on
this,
because
we
we
may,
we
might
be
in
for
some
time.
B
Okay,
thank
you
councillor
causeway,
so
before
we
go
into
the
legal
address
of
an
iterative
statement
and,
ladies
and
gentlemen,
at
this
point,
I'm
going
to
move
all
those
members
of
the
public
and
counselors
who
are
attending
the
planning
and
regularly
service
committee
vets
into
zoom
waiting
room.
Those
using
the
dialogue
service
will
be
placed
and
hold,
and
anyone
in
attendance
in
the
chamber
will
be
asked
to
leave
the
room
to
enable
the
committee
to
obtain
legal
advice
from
its
legal
advisor.
B
B
B
J
Thanks
chair
one
of
the
things
that
I'm
unclear
about,
and
that
was
insinuate.
Well,
it
was
explicitly
stated
that
the
applicant
was
told
that
this
had
to
be
a
new
development
rather
than
amendment
to
an
existing
one,
an
existing
permission-
and
I
am
just
wondering
if
the
planners
can
give
us
some
explanation
as
to
why
that
was
their
insistence
and.
J
I'm
just
wondering
in
terms
of
what
is
on
site
what
has
been
built
on
site,
and
I
want
maybe
a
bit
of
an
explanation,
and
I
don't
want
to
I
think
when
nickel
answered
part
of
my
question.
It
wasn't
a
legal
legally
privileged
in
what
she
said,
but
maybe
in
relation
to
what
has
already
been
built
on
site.
I
think
I'm
keen
to
get
her
view
on
what
is
already
on
site
and
in
terms
of
how
that
completes
or
doesn't
comply.
J
I'm
trying
to
wrap
my
head
around
the
the
fact
that
work
has
started
with
no
enforcement
that
has
lapsed,
and
now
we've
got
a
effectively
a
change
of
driveway
and
cartilage
application
in
front
of
us
with
a
number
of
refusals
I'm
trying
to
get
my
head
around
around
some
of
that.
I
find
it
a
wee
bit
difficult
as
to
why
we're
in
this
position.
J
So
forgive
me
if
I'm
asking
too
many
questions,
but
I
am
keen
just
in
relation
to
the
why
this
is
considered
new
development
and
then
just
what,
in
terms
of
an
opinion,
was
already
been
built
on
site
and,
if
possible.
J
I
want
to
ask
the
agent
and
you
referenced
kieslaw
in
your
submission,
and
I
am
wondering:
can
you
repeat
that
to
me
and
maybe
give
us
a
bit
more
detail
of
your
understanding
around
that
and
how
that
might
apply
to
this
application?
Thank
you.
B
M
Yes,
counselor
cosby
you've
raised
a
few
points
there,
so
I'll
try
and
go
through
them
all
in
terms
of
what's
built
on
site
police
officers
considered
that
that
what
was
built
on
site
was
in
breach
of
the
planning
permission
because
it
was,
it
was
built
without
adhering
to
the
pre-commencement
conditions.
M
However,
we
find
out
this
ten
years
after
or
more
than
ten
years
after
the
the
time
period,
so
those
works
are
nigh
immune
from
enforcement,
but
to
continue
on
and
build
a
site
that
that
wouldn't
be,
that
is
still
a
breach
of
the
original
permission
and
there
is
no
certificate
of
lawfulness
and
what
has
been
done
on
the
site
may
well
be
immune,
but
they
wouldn't
be
able
to
continue
to
build
to
build
it
out
and
in
terms
of
making
a
plan
an
application.
M
The
procedures
that
we
have
are
that
there's
no
there's
no
building
on
the
site
or
there's
no
there's
no
dwelling
on
the
site
to
to
provide
an
extension
or
change
of
the
access
to
an
existing
use.
So
you
have
to
make
a
file
application
for
that
use.
That's
the
procedures,
and
even
if
you
were
to
make
an
application
saying
you
wanted
to
put
a
sun
room
on
a
house
that
you
had
permission
for.
You
come
in
for
an
erection
of
a
dwelling
and
you
changed
the
type
of
house
that
you
originally
had
permission
for.
M
So
that
is
a
standard
procedure
for
our
applications.
And
so
we've
been
following
the
the
the
procedures
of
how
we
process
the
applications
and
they're
all
in
line
with
the
requirements
of
our
policy
and
legislation.
B
I
I
I
honestly
can't
understand
anything
that
nicola
clinton
has
said:
I've
been
in
planning
for
over
20
years
in
the
doa
and
17
years
in
the
planning
capacity.
Commission.
I've
never
heard
anything
like
this
put
forward
before
I
don't
know
what
procedures
there
are
for
requiring
an
applicant
to
submit
an
application
for
a
change
of
house
type
when
there
is
no
change
of
house
type
involved.
That's
just
ridiculous.
I
I
Therefore,
there's
no
point
in
anybody
making
a
clud
because
it
would
be
refused,
but
the
point
is
a
cloud
is
not
needed,
because
if
enforcement
action
was
possible,
the
defense
of
that
action
would
be
that
the
work
was
carried
out
in
a
british
for
more
than
five
years.
Therefore,
no
enforcement
action
can
be
taken.
Therefore,
based
on
case
law,
which
I
said
then
that
work
carried
out
must
be
not
should
be,
but
must
be
by
the
courts
same
as
legal
and
continuation
of
construction
of
development
must
also
be
seen
as
legal.
I
So
I
don't
know
why
the
planners
are
persisting
and
ignoring
what
the
case
law
quite
clearly
says.
Now
I
can
itemize
the
cases,
but
I
would
have
thought
the
planner
should
have
done
that
and
that
they
should
have
assessed
what
those
cases
said.
I
The
last
case
that
I
have
is
a
case
from
the
court
of
appeal
in
the
name
of
prokof
p-r-o-k-o-p-p,
and
it
can
quote
just
a
couple
of
lines
from
from
the
judgment.
It
says
where
enforcement
action
is
no
longer
possible
either,
because
the
time
limit
for
taking
enforcement
action
has
expired
or
because
it
would
be
irrational
and
therefore
unlawful,
to
take
enforcement
action.
The
planning
permission
is
to
be
viewed
as
having
been
lawfully
implemented,
despite
the
fact
that
the
operations
may
have
commenced
in
breach
of
a
conditioned
precedent.
That
is
a
negative
condition.
D
Yeah,
thank
you
chairman
and
I
suppose,
in
addition
to
what
I'm
going
to
say
out,
I'd
like
to
see
at
kiev's
law
if
possible,
because
I
think,
as
a
gentleman
has
said,.
K
D
Something
that
has
to
be
taken
into
consideration
in
in
the
context
of
this.
I
have
a
couple
of
questions.
Obviously,
we've
established
what
built
is
lawful
in
the
context
of
where
it
is,
and
I
suppose
my
question
would
be
for
the
planners
is
that
has
there
been
any
other
development,
this
area
commenced
without
complaining
conditions.
M
I
I
really
don't
know
I
don't
work
in
enforcement,
so
I
don't
know
what
cases
the
enforcement
team
would
be
pursuing
in
terms
of
enforcement.
You
know
for
development
that
has
taken
place
without
requiring
plan
permission.
We
deal
with
the
process
and
the
plan
applications
in
development
management.
So
it
may
well
be
a
better
case
for
russian
or
damien
to
respond
to
that
query.
C
Thanks
chair
and
thanks
for
the
questions,
yeah
look
not
every
case
is
absolutely
the
same,
but
there
have
been
other
cases
where
we've
had
to
take
up
legal
advice
on
conditions,
whether
or
not
those
conditions
had
been
discharged
complied
with,
and
whether
or
not
that
then
meant
that
a
development
had
been
commenced.
Now
the
details
of
the
cases
are
not
all
exactly
the
same,
so
it's
difficult
to,
and
I
wouldn't
want
to
discuss
the
details
of
those
cases
anyway
in
this
context.
C
But
members
of
what
what's
becoming
very
clear
here
is
is
that
your
officers
are
of
one
opinion
having
considered
case
law
that
was
referred
to
during
the
legal
advice
that
was
given
and
obviously-
and
there
are
cases
being
highlighted
here
by
by
mr
martin
as
well,
and
if
it
is
helpful
and
if
it's
going
to
help
bring
the
matter
to
some
sort
of
conclusion,
that's
satisfied
due
to
members.
C
We
would
be
content
as
officers
to
to
discuss
with
mr
martin
outside
of
this
forum
the
cases
that
he's
referring
to
take
account
of
them
and
then
present
an
addendum
report
at
a
future
meeting
selling
the
position
from
both
sides
setting
out
the
details
of
the
cases
that
both
sides
are
referring
to
and
bringing
them
to
a
head.
That
way
and
if
that's
going
to
help
to
move
matters
along,
and
I
would
suggest
that
a
as
a
potential
way
forward
and
but
look,
you
know,
you're
hearing
information
from
both
sides.
C
B
So
sorry,
david
I'd,
love
to
see
you
yeah.
Thank
you
for
that
damian
and
yeah.
I
I
think
that's
possibly
enough.
You
need
to
pursue
concert.
Nicholson
alluded
to
looking
to
see
this.
I
think
today,
if
we're
going
to
continue
to
debate
and
then
we're
going
to
defer
to
the
united
states
southerner
for
further
legal
advice,
it
might
be
prudent
to
do
that
now,
but
I
will
consider
the
opinion
of
the
other
members
I
want
to
bring
in
councillor
lavery.
H
Yeah,
I
think
I
think
that
there's
a
maybe
a
prudent
approach
to
her
so,
but
they
just
want
to
ask
a
quick
query,
because
I
know
maybe
the
new
celeb
is
that
if
it
comes
back
again,
maybe
everyone
doesn't
have
speaking
rights
again.
But
so
we
just
wanted
to
ask
a
query
to
mr
martin
just
to
be
sure
myself
that
we've
got
his
view
on
it.
Mr
martin
referred
to
that.
You
know,
because
the
foundations
are
part
of
the
foundations
are
now
on
site
and
the
originate,
whether
that's
legally
done
or
illegally
done.
H
As
a
mr
martin's
argument
that,
because
the
time
period
of
enforcement
act
is
now
gone,
that
he
can
then
let
the
applicant
can
then
continue
the
construction
of
the
rest
of
the
original
application
with
the
original
cartilage
and
with
the
original
entranceway,
without
any
enforcement
action
being
able
to
be
placed
against
him
or
would
that
new
building
sort
of
fully
complete
building
then
become
potentially
subject
to
enforcement
action.
H
Just
to
understand
whether
you
know
because
the
timeline's
gone
on
the
original
applications.
Mr
martin,
talking
about
building
out
the
full
original
application
of
the
applicant
to
do
that
without
any
legal
recourse,
albeit
with
the
original
cartilage
and
entranceway,
or
as
he's
saying
that
you
could
do
that
with
the
new
cartilagine
entranceway.
H
Just
to
be
sure
that
I've
got
his
line
of
argument.
Thanks.
B
Yeah,
mr
larry,
thank
you
for
that,
mr
martin.
You
can't
answer
I'll
bring
in
just
with
your
facebook
screen,
sir.
I
The
problem
is
this:
word:
legal
is
being
bounded
about
a
wee
bit
too
loosely
the
term
legal
or
the
or
the
concept
concept
of
what
is
legal
is
based
upon
the
importance
of
the
planning
condition
if
someone
breaches
a
condition
in
a
relatively
insignificant
way,
that's
nothing
more
than
a
breach
of
a
condition,
but
it
doesn't
necessarily
make
the
work
illegal.
I
All
the
applicant
did
was
breach
a
condition.
That's
all
he
did,
because
that
condition
doesn't
change
in
any
fundamental
way.
What
the
development
actually
is.
It's
still
a
house
still
the
same
size
still
in
the
same
position
still
has
the
same
orientation
still
finished
in
the
same
way,
it's
exactly
the
same
development
breaks
of
that
condition
in
no
way
fundamentally
changed
the
nature
of
that
development.
I
So
the
legality
aspect
has
to
do
with
the
importance
of
the
condition.
A
simple
breach
of
a
condition
doesn't
necessarily
make
work
illegal.
It's
the
importance
of
the
condition
which
is
fundamental
to
deciding
whether
or
not
the
work
is
legal
or
not,
and
that's
where
the
case
law
comes
in
and
that's
what
the
case
law
says.
I
D
Yeah
thanks
chairman-
and
I
I
I
know
with
all
the
members,
but
this
this
has
got
really
mind
blown
when
you
start
talking
about
legal
and
and
what's
illegal
and
I'm
not
that
there
in
relation
to
damian's
proposal.
I
I
I
can
see
that
the
benefit
in
that,
because
I
do
think
there
is
a
lot
of
holes
here
that
we
need
to
sort
of
address,
because
obviously
there
has
been
a
sort
of
for
me
reference
to
a
case
which,
which
you
know
dropped
sort
of
hungry.
D
D
So
I
suppose
I
don't
know
we're
obviously
still
in
questions,
but
I
do
think
that
there
is,
unless
the
that
element
of
it
is
is,
is
dealt
with
and
it's
going
to
be
very
difficult
for
us
to
sort
of,
you
know,
form
a
an
opinion
and
but
but
I
do
have
a
question
again,
it's
a
very
simple
question,
but
it
it's
for
the
the
the
planners
you
know.
D
Are
we
saying
that
it's
not
possible
to
make
an
application
for
an
amended
access
or
a
reduced
cartilage
in
its
in
its
single
entry?
You
know,
because
again,
I'm
a
bit
confused
about
the
currency.
Cosby
is
why
this
was,
and
I
know
I
understand
what
nicholas
says:
you're
building
a
summary
you're
putting
on
a
part
of
a
building
but
like
a
reduced
cartilage
and
obviously
the
amended
access
to
me
are
are
are
are
small
parts
of
the
overall
application
and
they
have
a
question
for
whoever
wants
to
answer
from
from
my
right
here.
D
Probably
and
the
architect
is,
what's
the
feedback
from
you,
they
said
they
appointed
or
not.
They
appointed
an
archaeologist
in
relation
to
the
site.
There's
been
a
report
done.
Are
they
concerned
that
there
has
been
some,
as
we
have
sort
of
talked
about
is
relation?
You
know
has
fundamentally
changed
this
site
by
by
doing
these
works.
So
I'd
like
to
hear
what
the
archaeological
people
have
to
say
as
well
just
before
we
move
on
towards
the
the
end
of
the
meeting.
So
thank
you.
B
Thank
you
concert
nicholson
and
look.
You
know
if
we
do
need
to
make
a
decision
to
defer
for
further
advice,
I'm
happy
to
take
that
at
any
stage
during
the
meeting,
because
it's
probably
better
to
have
that
discussion.
The
next
time,
with
all
the
information
hand,
rather
than
trying
to
revisit
it
now,
but
there's
two
questions
about
councilman
nicholson
on
the
bringing
nicholas
first
to
deal
with
the
ones
you
asked
of
the
planners
so
not
glad
to.
M
The
first
question,
you'd
ask,
is
regards
to
the
type
of
application.
You
can
only
make
an
application.
We
can
make
an
application
really
for
a
dwelling
only
if
it's
an
existing
use
under
under
the
the
fee
details
for
the
application,
but
there's
no
certificate
of
lawfulness
for
a
dwelling
commenced
on
this
site.
There's
no
dwelling
there.
So
we
would
ask
then,
that
that
would
be
there's
no
such
thing
as
a
change
of
house
type
application.
That's
not
a
form
of
development.
M
So
that's
our
normal
procedure
in
regards
to
archaeology.
We
did
consult
archaeology
and
they
did
comment
on
it
and
they
did
provide
conditions
we
did.
We
did
discuss
with
them
the
potential
of
whether
they
would
be
wanting
a
pre-commencement
condition
and
they
would
be
wanting
a
pre-commencement
condition
for
development.
M
B
I
I
think
this
is
one
thing
that
I
can
actually
agree
with
the
planners
on,
and
that
is
hed
have
no
objections
to
this
proposal
and
the
applicant
has
engaged
some
time
ago
a
firm
to
try
and
agree
a
program
of
works
with
hed.
I
I
think
it's
fair
to
say
that
that
those
efforts
have
been
stemmed
by
the
fact
that
this
application
was
going
forward
as
a
refusal,
but
there's
absolutely
no
doubt
that
that
program
can
be
drawn
up
and
can
be
provided
if
it
could
just
actually
chairman
just
say
in
regard
to
the
access
which
councillor
nicholson
referred
to.
I
If
you
look
at
the
community
development
regulations,
part
four
class
b
talks
about
permitted
development
and
it
refers
to
the
formation
laying
out
a
construction
or
alteration
of
a
means
of
access
to
a
road,
and
if
you
comply
with
the
criteria
there,
then
you
don't
require
planning
permission
for
your
access.
If
you
don't
comply
with
the
criteria,
then
you
have
to
make
a
planning
application
for
the
access.
I
Now.
That's
that's
not
a
matter
of
law
that
that's
a
matter
of
well,
it
is
a
matter
of
law,
but
it's
a
matter
also
a
simple
common
logic.
So
I
have
no
idea
why
the
planner's
persisting
and
saying
that
you
can't
make
an
application
for
an
access
when
an
access
is
development
in
some
cases
permitted
and
in
some
cases
not
and
where
it's
not,
you
need
to
make
a
planning
application
for
it.
It's
that
simple.
C
Thanks
chair
thanks,
mr
morton,
look,
I
don't
think
anyone
was
saying
you
can't
make
a
planning
application
for
an
access.
Mr
morton,
at
all
I
I
just.
I
C
C
There
is
an
issue
here
which
we're
happy
to
discuss
with
you
and
if
members
decide
to
defer
this,
to
allow
us
to
get
further
information
around
the
various
case
law.
That's
been
mentioned
today
to
have
a
discussion
as
well
about
the
description
of
the
development,
because
that
seems
to
be
coming
more
and
more
into
the
discussion
as
well.
So
we'll
have
a
discussion
with
you
about
that,
and
but
look
just
to
be
clear.
I
don't
think
we're
taking
any
position
around
stopping
anybody
from
making
a
planning
application
for
foreign
access.
C
It's
just
to
make
that
point
clear
and
and
like,
as
I
said,
happy
to
have
a
discussion
around
the
description
of
development
when
we're
considering
the
other
issues
as
well.
J
Hey
thank
you
and
I
suppose.
J
In
relation
to-
and
I
don't
want
to
get
into
a
case
of
what
about
that-
someone
about
that-
I
can't
help
my
mind
from
getting
to
that
point
because
we're
dealing
with
yes
we're
talking
about
a
new
application,
but
is
an
exact
replica
in
my
mind,
of
what
has
already
previously
been
agreed
on
the
site
so
had
we
have
known
that
there
was
a
breach
of
of
the
the
pre-commencement
condition,
the
likelihood
is,
we
would
have
taken
enforcement
action
or
not
to
say
selling
development
and
to
potentially
make
sure
they
complied
with.
C
Yeah
thanks
kaiser
cosby
and
look
if
we
had
been
aware
of
unauthorized
development
at
the
time
that
had
taken
place,
which
was
back
in
2011
well,
that
would
have
been
a
doa
decision
at
that
stage
for
them
to
consider
whether
or
not
it
was
experienced
to
take
enforcement
action
and
and
I've
already
sort
of
covered
the
the
sort
of
considerations
around
whether
or
not
you
decide
it
is
experienced
or
not
it's
a
discretionary
part,
and
but
clearly
enforcement
action
wasn't
taken
because
it
would
seem.
C
J
Thanks
sure
and
you've
been
very
gracious
so,
and
I
hear
what
you're
saying
damien.
So
the
fact
is
that
work
was
carried
out
on
the
site
that
now
exists
and
can't
be
covered
by
enforcement.
Therefore,
the
work
that
has
been
carried
out
today,
I
think
the
words
were
used,
was
what
they
have
built
is
lawful
and
it
you
know
we're
not
sure
if
the
whole
house
had
been
built
at
that
time,
whether
enforcement
action
would
have
been
taken
or
not.
J
Is
that
what
I
hear
you
saying,
because
we
would
have
maybe
done
a
public
interest
or
there
would
have
been
a
public
interest
test
to
see
whether
it
was
or
wasn't
in
the
public
interest,
because,
if
we're
not
sure
or
can't
be
sure
that
we
would
or
wouldn't
have
or
the
department
would
order,
wouldn't
have-
or
in
this
case,
if
we
had
a
case
like
this
now
that
was
potentially
subject
to
enforcement,
we're
not
sure
whether
it
would
or
wouldn't
have
been
in
the
public
interest
to
enforce
it.
J
I
can't
get
my
head
around
then
why
this
issue
goes
right
to
the
heart
and
the
fundamental
crux
of
a
planning
application
decision,
because
if
we
can't
be
sure
we
would
have
enforced
it,
how
can
we
rely
on
say
this
goes
right
to
the
very
heart
of
an
application,
whether
we
approve
or
whether
we
don't?
I
can't
get
my
head
around
that
and
that's
what
I'm
really
struggling
with.
So
forgive
me
as
I'm
asking
questions.
J
I'm
still
gathering
my
thoughts
on
this
so,
but
if
I
can
ask
a
question
again,
just
on
the
last
one
off
of
the
the
supporters
of
the
up
of
it
and
that
is
there
a
and
you
seem
to
be
fairly
across
case
law.
I
think
you
said
17
years
on
the
on
the
pac
and
I
definitely
buy
to
your
superior
knowledge
on
this.
But
how
would
you
or
do
you
or
are
you
aware
of
case
law
in
relation
to
enforcement?
J
That
would
prevent
the
development
based
on
public
interest
tests
in
a
similar
case
as
this,
so
there
was
a
pre-pre-commencement
condition
on
the
site
and
development
has
taken
place
and
it
has
been
enforced.
Would
there
have
been
a
a
case
that
you
would
be
aware
of
on
that,
I'm
not
sure,
I'm
sure
miss
martin.
You
can
take
that.
B
Thank
you
kind
of
sharp
cause
by
mr
martin
bringing
him
down
to
that
question.
Okay,.
I
All
I
can
say
german
is
that
in
the
17
years
I
was
I
was
with
the
pac.
I
had
never
an
enforcement
case
come
to
me
in
relation
to
this
particular
issue,
and
I
can't
recall
any
colleague
ever
referring
to
it
either.
Clearly,
the
the
the
powers
to
take
enforcement
action
are
there,
but
it
is
discretion
right.
The
problem
in
this
case
is
those
parts
no
longer
exist,
because
the
work
cried
out
was
it
was
what
11
years
ago.
So
it's
beyond
enforcement.
I
I
That's
what
the
case
law
says.
That's
that's
a
case
law
that
I
put
to
the
planners
a
year
ago
and
never
got
a
response
to
it,
which
is
a
bit.
It's
a
bit
irksome
to
sit
here
and
here
talk
about.
Let's
discuss
it
now,
whenever
nobody
would
discuss
it
with
me
for
a
year
since
after
I
sent
it
in,
and
this
applicant
put
his
application
in
in
2020.
I
All
right,
this
sort
of
this
sort
of
a
delay
which
primarily
arises
out
of
ignoring
kiers
law,
is
reprehensible,
in
my
view,
because
I
have
tried
to
get
a
response
to
it.
I
have
emails
trying
to
get
a
response
to
it
for
over
a
year,
never
got
a
response
and
all
of
a
sudden.
Now,
whenever
it
gets
awkward,
it's
over
that's
a
journey
and
have
a
discussion
on
it.
It's
a
bit
late
in
the
day
to
do
that.
O
Come
on
yes,
sure,
if
it
could
it's
just
to
clarify
with
members
and
yes,
there
was
information
submitted
last
year.
There
was
reference
to
case
law
and
we
did
fully
consider
the
information
that
was
submitted
and
we
had
a
meeting.
Obviously
with
mr
martin
and
carla
lockhart
as
well.
O
We
discussed
the
issues
we
took
our
own
legal
advice,
we
discussed
it
with
hed,
we
discussed
the
imposition
of
the
condition
with
the
agd,
and
then
we
did
go
back
obviously
to
mr
martin
setting
out
our
current
position,
advising
that
we
were
proposing
to
take
this
forward
with
the
recommendation
to
refuse.
So
it's
just
to
state
that
it's
not
that
information
was
not
considered,
it
was
considered.
We
did
have
maintenance
about
it.
We
had
internal
meetings
about
it.
We
discussed
with
you
gd.
B
J
Yeah,
thank
you,
mr
chairman.
I
I
meant
to
say
actually
to
start,
I
hear
what
damian
has
said
in
relation
to
the
let's
get
the
the
case
law
together
and
compile
it
all
and
bring
it
back.
J
J
Unnecessarily
delay
a
decision
on
this
one
way
or
the
other,
and
I
think
you
know
we'll
not
get
into
a
vote
on
it,
but
I
would
just
state
that
my
preference
is
to
make
the
decision
this
evening
on
this
and
because
it
has
been
now
in
the
system
first
coming
on
two
years
and
I
think
to
get
to
this
stage
and
have
more
case
law
and
presented
and
from
both
the
applicants
on
from
the
planners
I
mean
I
would
want
to
be
making
a
decision
based
on
all
the
information,
and
you
know
we
didn't
get
at
the
same
time.
J
I
feel
like
I've
got
a
fair
amount
more
now
in
the
course
of
the
debate
in
the
discussion,
and
for
that
so
I
began
to
make
a
decision
to
save
them.
I
get
the
sense
that
the
members
are
are
keen
to
get
a
document
together
on
more
detailed
discussions,
but
I
just
want
to
state
my
view
on
that.
B
Thank
you,
council,
cosby,
there's,
no
more
lights
on,
so
we're
going
to
move
into
the
discussion
stage
in
relation
to
the
members.
There
has
been
some
chat
about
it
and
a
good
discussion
tonight.
David
has
mentioned
that
he
thinks
that
it
could
be
the
best
course
of
action.
If
I
do
consider
these
case
laws
that
have
been
mentioned
tonight,
planning
have
already
responded
that
I
have
considered
this,
so
you
know
as
any
thoughts
on
on
a
way
forward
on
this
remembrance.
You
know
there
was
five
refusal
reasons
there.
B
D
Yeah,
look
chairman:
there's
none
of
us
to
want
to
make
a
decision
to
plan
a
committee,
but
I'm
I'm
sort
of
loathed
but
like
as
a
committee
member,
I
think
we've
had
a
really
good
hard
discussion
with
we've
teased
a
lot
of
this
and
really
does
hinge
on
this.
This
case
law
and,
as
I
say,
we
haven't,
had
any
view
of
it
in
any
shape
or
form.
Obviously,
the
planners
have
they.
They
have
formed
an
opinion,
but
I
do
think
when
you
talk
about
the
harder.
The
the
permission.
D
The
case
law
goes
to
the
heart
of
this
decision,
because
if,
if
if
the
case
law
is,
if
our
interpretation
is
as
per
mr
martin's,
it
really
does,
you
know
create
a
a
a
a
platform
for
for
a
lot
of
thinking,
the
members
so
chairman,
I
I
would
be
of
the
opinion
reluctantly.
You
know
obviously
we'd
love
to
make
a
decision
tonight,
but
I
think
that
we
made
a
decision
tonight
based
on
what
is
from
on
front
of
us.
Considering
the
conversation
we've
had.
I
do
think
it
would
be.
D
I
wouldn't
be
comfortable
with
the
chairman.
That's
all
thank
you.
B
B
Yeah,
thank
you
very
much
councillor
duffy
members,
there's
no
more
lights
on
so
we're
moving
in
the
decision
stage
and
I
think
the
feeling
is
that
you'd
be
somewhat.
We
have
in
front
of
us
that
maybe
some
members
can
make
a
decision.
I
would
probably
be
one
of
them
so
want
to
point
out.
There's
anybody
got
a
proposal.
I
don't
want
to
make
at
the
stage
in
releasing
this
application.
D
Yeah
look
chairman.
I
don't
think
we
should
prolong
this
any
longer.
I
think
that
you
know
we've
discussed
this
at
a
detail.
D
Obviously,
there's
been
a
lot
of
things
come
out
during
this
meeting
kieslaw
in
in
in
in
both
aspects
in
in
relation
to
this,
and
as
I
say
as
a
member
of
this
committee,
I'm
don't
feel
I'm
in
in
the
seat
of
all
the
information
like
yourself
sure
and
like
I
like
I
have
to
I
just
I
I
don't
like
not
making
decisions,
but
unfortunately
it's
part
of
our
job
as
a
committee
to
make
sure
that
we're
happy
that
we
have
all
the
information
in
front
of
us
to
make
a
decision
and
I'm
not
their
chair,
so
I'm
proposing
that
we
basically
defer
this
application
until
there
can
be
further
discussions
in
relation
to
what
we
discussed
tonight
in
relation
to
kia's
law
between
the
planners
and
obviously,
mr
martin,
because
I
do
think
that
really
does
go
to
the
heart
of
this.
D
The
consideration
of
this
this
decision
chairman,
so
I
make
that
a
proposal.
Thank
you.
B
Thank
you
very
much.
Council
nicholson
like
I'm,
going
to
second,
the
proposal,
thanks
medicine
to
say,
agree
with
you,
a
hundred
percent
on
it.
You
know
what
the
key
and
fairly
apparent
at
start,
a
discussion
that
we
would
be
looking
for
information
about
legal
advice.
Personally,
I
don't
like
deferring
decisions,
but
in
this
case
I
don't
think
there's
any
other
way
forward.
So
I'm
going
to
set
your
proposal
I'm
going
to
bring
in
counselor
causeway.
J
Thank
you,
mr
chairman,
in
relation
to
the
position
we
are,
and
I
appreciate
the
application
and
there
are
more.
J
There
are
five
reasons
listed
on
this
for
refusal,
but
I
think
the
crux
of
where
we're
at-
and
I
think
the
word
of
the
heart
of
this
issue
lies
in
whether
there
is
existing
permission
that
is
live
on
the
site
based
on
what
previously
started,
and
I
think
if
we
were
in
a
position
to
and
clear
some
members
aren't
aren't
there
in
in
that
space
to
decide
whether
that
previous
permission
is
still
alive
or
not.
J
You
know
that
is
the
basis
for
this,
because
that
would
change
the
material
considerations
that
we
would
have
for
the
application
entirely,
and
so
in
my
mind
my
preference
is
that
and
I
won't
push
it
to
a
vote,
but
I
do
see
that,
if
we're
in
a
position
where,
as
a
committee
or
as
a
as
a
planning
authority,
that
we
wouldn't
be
sure
we
would
enforce
the
the
breach
of
the
pre-commencement
condition
on
the
site,
I
find
that
very
difficult
to
believe
that.
J
Then
we
have
to
hinge
all
of
our
information
in
terms
of
that
breach
is
being
a
reason
for
refusal
and
for
not
agreeing
or
acknowledging
that
there's
a
pre-existing
development
and
live
application
and
with
work
already
commenced
on
the
site.
So
I
struggled
to
get
my
head
around
that.
So
what
I
is
wait
with
bearded
breath
to
get
the
rest
of
the
kia's
law
and
respectfully
request
that
that
will
be
expedited
as
quickly
as
we
possibly
could
in
the
hope
that
we
can
get
this
resolved
in
the
september
meeting.
B
Jeff,
thank
you
christopher
cosby,
for
that
and
I'm
sure
damian
and
the
team
will
ensure
that
that's
expedited
as
soon
as
possible
marriage.
You
heard
the
proposal
big
house
or
nicholson
seconded,
but
sorry
you
can
only
ask
a
question
if
you're
asked
we're
past
that,
mr
martin,
I'm
afraid,
I'm
sorry
I'm
tempering
again,
I
know
but
you're,
not
part
of
the
decision.
Mr
martin.
B
K
B
B
Okay,
members
we're
going
to
move
on
to
appendix
2
it's
application,
number
la-08,
2021,
0830,
slash,
oh
and
remembers.
An
addendum
report
has
been
circulated
earlier,
so
nikola
craney
will
be
presenting
the
report.
Mr
tom
wilson
will
be
making
representations
in
support
of
the
application
after
that
so
nicola,
I'm
going
to
bring
you
in
for
your
report.
M
This
application
is
for
an
infill
dwelling
on
the
moss
bank
road
and
the
recommendation
is
to
refuse,
and
there
are
four
reasons
for
refusal.
An
addendum
report
was
provided
for
this
application
following
the
receipt
of
late
additional
information
and
the
presentation
contains
images
supplied
by
the
the
planning
agent.
M
M
There's
no
plan
in
history
or
permission
for
domestic
cartilage
to
the
roadside
to
provide
a
frontage
and
deer
have
also
confirmed
that
this
field
was
claimed
under
basic
payment
scheme,
the
bps
in
2021
and
was
logged
in
2022.,
there's
no
consultation,
objections
and
no
objections
from
third
parties.
In
terms
of
other
material
consideration,
the
proposal
fails
to
comply
with
cty
cty,
13
and
14
integration,
rural
character
and
ribbon
development
is
set
out
in
the
planning
report.
Council
officers
recommend
that
the
application
be
refused
and
I'll
just
go
through
the
presentation.
M
And
this
is
an
aerial
view
of
the
site,
then
you
can
see
the
the
properties
around
it
identified
next
slide,
please.
This
is
a
photograph
and
a
view
of
the
site
from
the
road
next
slide.
Please
this
is
the
view
again
of
the
site
and
that
poster
wire
fence
actually
runs
through
the
middle
of
the
site,
so
it
would
move
that
the
site
would
actually
be
further
along
than
that,
where
that
fence
is
actually
located
next
slide,
please
this
is
a
view,
then,
of
the
the
properties
to
the
north
12
a
and
12.
M
M
M
number
20,
there's
a
lot
of
vegetation
around
the
side.
It
is
very
difficult
to
see
even
from
the
road
next
slide.
Please,
then
this
is
the
view
from
moss
bank
road
looking
towards
the
site
just
directly
in
front
of
on
the
roadside
directly
in
front
of
that
failed
in
front
of
number
20.
next
slide.
Please-
and
this
is
a
an
approval
from
2004
granted
for
an
extension
to
20
mos
bank
road.
It's
the
only
plan
in
history
that
we
have
of
the
site
to
show
the
residential
cartilage
of
the
site.
Next.
K
M
Please
this
is
the
the
details
then,
which
were
have
been
submitted
by
the
agenda.
Google
street
views
from
from
the
road
in
2009
january
and
april
2009
next
slide.
Please
the
submission
again
may
2011
april
2021,
then
that's
a
view
from
I'm
not
entirely
sure
of
the
name
of
the
road
which
is
just
below.
Actually,
I
should
have
took
a
detail
of
that,
but
there's
a
view
then
from
another
road
adjacent
to
it,
which
runs
parallel
next
slide.
M
Please
again,
that's
a
view
from
the
road
below
which
one's
parallel
and
then
a
view
immediately
in
front
of
the
site,
which
is
quite
similar
to
my
site,
frontage
photographs,
the
last
photograph
in
may
2022
that
completes
my
presentation.
B
Thank
you
very
much
nicola,
I'm
now
going
to
bring
in
mr
tom
wilson
to
make
a
representation
in
support
of
the
application.
Mr
wilson
you're
very
welcome
this
afternoon.
You
will
have
three
minutes
on
the
clock
and
that
will
start
once
you
start
speaking,
so
I'm
going
to
bring
in
an
eye.
Will
you
just
wait
till
your
face
appears
on
the
screen.
Please
before
you
start
talking.
Q
Q
The
land
at
the
front
of
the
house
extends
at
the
side
of
the
house
and
around
the
bank.
It
is
not
separated
from
any
garden
that
would
be
associated
with
the
field
of
vice,
in
other
words,
extends
right.
Through
the
front,
we've
submitted
a
series
of
photographs
that
you
have
seen
sourced
from
burger
street
viewing,
which
demonstrated
very
clearly
that
the
garden
already
extends
to
the
road
it's
maintained
as
a
lawn
and
has
trees
and
shrubs
planted
along
the
road
frontage.
Q
These
photographs
get
from
the
earliest
date
available
in
street
fury
from
night
to
sorry
from
2009,
which
showed
the
tree
and
syrup
planting
had
recently
taken
place.
Subsequent
photographs
show.
This
area
has
constantly
been
maintained
as
a
garden,
so
the
important
issues
are
the
land
to
the
front
is
not
separated
from
the
position
of
the
high
speed,
fencer,
hedge
etc.
It's
not
a
separate
parcel
of
land
and
the
land
to
the
front
does
not
have
a
separate
user
function
other
than
as
an
integral
part
of
the
residential
property,
and
that's
very
clear.
Q
So
those
those
are
the
issues.
The
other
reasons
for
refusal
that
relate
to
integration,
the
if
you
look
at
the
composite
photo
montage,
the
application
site
lies
within
map
frontage
and
you
can
see
clearly
how
it
would
be
integrated
into
the
that
frontage
of
development.
Thank
you
very
much.
B
H
Thank
you,
chair,
someone's
giving
country
a
call.
Thank
you
chair
just
in
terms
of
the
it
all
comes
to
get
down
to
this
frontage
issue,
and
I'm
looking
at
one
of
the
pictures
in
the
presentation
in
relation
to
the
site,
location,
and
it
has
the
red
outline
in
the
blue
outline
and
I'm
guessing
then
that
when
the
original
application
came
in,
it
was
within
that
red
lined
area.
Therefore,
the
sort
of
failed
early,
hypothetical,
failed
and
throttle
house
was
not
part
of
that
sort
of
residential
usage.
H
Or
could
you
just
consider
it
as
the
conditions
on
the
ground
if
it
is
being
used
for
residential,
then
that
residential
purpose
is
already
intact?
It
is
some
clarification
in
terms
of
the
I
guess
legal
status.
If
you
want
to
call
it
that,
in
terms
of
the
that's
failed
and
well
our
speed
as
as
a
residential
or
or
not,
as
as
the
officer
said
to
be
thanks.
M
M
A
certificate
of
lawfulness
has
never
been
applied
for
and
and
in
fact,
even
the
evidence
that
we
got
from
dara
to
confirm
that
it
was
claimed
for
farm
payment
or
for
under
the
the
basic
basic
payment
scheme
in
2001
and
has
been
logged
in
2002
also
confirms
that
it's
not
residential
and
that
it's
been
used
for
other
purposes,
and
on
that
basis
we
have
taken
the
view
that
it
doesn't
form
part
of
the
cartilage.
B
Thank
you
very
much
nicholas
today,
just
to
have
a
follow-up
question,
then,
just
on
the
back
of
counselor
lottery,
so
you're
essentially
saying
that
you
know
mr
larry's
leading
mr
wilson
was
leading
it.
This
was
part
of
the
domestic
setup
of
the
area,
but
you're
saying
it's.
Basically
an
agricultural
field
and
it's
been
claimed
as
such.
M
M
It's
never
been
regularized
for
debate
as
such,
and
the
plan
in
history
shows
us
that
the
cartilage,
in
fact,
I
would
have
thought
looking
at
the
plans
that
the
cartilage
was
even
more
defined
in
the
the
2004
permission,
because
when
you
look
at
the
os
map
there
actually
is
a
line
immediately
around
the
property
on
a
boundary,
so
the
land
actually
immediately
to
the
north
of
it,
which
wraps
around
the
side
even
seems
to
be
opened
up
to
the
field
beside.
M
But
accepting
that
we
did
accept
an
application
in
2004
which
the
red
line
was
drawn
around,
I
defined
kurt
ledge.
I
think
it
would
be
hard
for
us
not
to
accept
that
that's
the
case,
and
there
is
a
hedge
immediately
adjacent
to
the
house
right
at
the
boundary
with
the
house
on
this
land.
So
I
don't
necessarily.
I
wouldn't
necessarily
say
that
the
site's
completely
opened
up
to
the
remaining
field,
either.
H
Thank
you
chair.
Just
one
clarification
point:
what
does
the
confirm
so
2002
was
the
last
time
it
was
applied
for
in
terms
of
agricultural
usage
there,
and
you
know
again,
it
may
have
been
an
agricultural
field
at
that
time.
Has
it
been
applied
for
our
sincere
you
know,
or
is
that
the
most
recent.
M
Sorry
can
I
get
the
presentation
that
slide
the
plan
and
history
one
at
the
sort
of
fourth.
From
the
end,
I
think
that
application
isn't
necessarily
now
for
the
failed.
It's
for
an
extension.
It
was
for
a
sunroom,
I
think,
to
the
front
of
the
of
number
20.
there's
been.
No
there's
no
plan
in
history
associated
with
that
failed
itself,
and
the
only
plan
in
history
is
to
say
is
for
number
20
for
an
extension.
M
B
M
We
queried
the
site
just
with
dara,
to
check
whether
there
had
been
any
if
it
was
linked
to
any
foreign
business.
They
have
confirmed
that
the
field
indicated
his
failed.
One
was
declared
but
not
claimed
in
2022,
but
it
was
claimed
in
2021
previous
to
that.
It
wasn't
claimed
by
anyone.
B
D
Yeah
look
thanks,
cheryl
and
thanks
nichola
and
and
tom
tom
look.
I
I
I
like
to
hear
from
you
in
relation
to
the
the
sort
of
the
history
of
the
land,
because
obviously
there
is
seems
to
be
some
sort
of
link
to
agriculture
at
some
stage,
but
obviously
you've
provided
photographs
where
I
think
it
does.
D
You
know,
look
like
a
lawn,
as
you
said,
yourself
is
cut
by
a
lawnmower
and
things
and
it's
got
trees
and
things
the
front
which
would
obviously-
and
I
can't
see
from
the
photograph,
but
I
don't
think
there's
a
division
between
that
there
and
the
house
and
the
lion
way.
So
just
give
me
a
bit
more
sort
of
detail
on
tom.
Just
exactly
you
know,
sort
of
what
nicolas
said
about
this:
the
the
the
single
foreign
payment
being
claimed
at
2001
2002,
but
since
that,
what's
the
what's
what's
happened
on
that
land?
B
Q
Well,
firstly,
nicola
in
answering
counselor
avery's
question:
she
said
that
the
day
repayment
was
made
in
2021.
She
previously
said
it
was
2001.,
so
it's
2001
and
2000..
Well,
it
wasn't.
In
2002
there
was
a
payment
problem,
allegedly
in
2001,
and
it
was
logged
in
2003.
That's
what
she
said
in
2004
there
was
a
planning
application
which
included
part
of
what
she's
now
arguing
is
a
failed.
Q
It
concluded
the
area
to
the
side
of
the
house.
However,
since
at
least
prior
to
january
2009,
when
the
first
google
street
fury
is
available,
the
area
was
already
been
used
as
a
garden
and
had
trees
planted
at
the
bottom,
and
those
are
are
trees
that
you'd
expect
to
find
in
the
garden,
flowering
cherry
and
so
on.
So
at
the
very
least
since
2009
or
sometime
prior
to
2009,
this
has
been
used
as
a
garden
of
the
house.
So
it's
the
function
of
the
land
which
is
critical
to
your
consideration
of
this
planning
application.
Q
You've
already
heard
in
the
previous
application
considerable
detail
about
when
something
becomes
lawful.
If
there
was
a
change
of
use
took
place
more
than
five
years
ago,
which
is
clearly
the
case
in
this
instance,
it
is
already
now
lawful,
it
doesn't
lead
to
clubs,
it
doesn't
need
any
certificate
of
lawfulness.
The
reality
is.
Q
It
has
been
like
this,
since
at
least
2009
or
possibly
even
earlier
than
that,
which
is,
is
well
beyond
the
period
for
immunity,
and
this
is
not
lawful.
I
mean
there
are
numerous
appeal
decisions
in
relation
to
an
argument
about
whether
or
not
a
site
is
accomplished
to
the
road,
and
it
is
it's
the
reference
there
is.
Q
Is
it
physically
separated?
In
other
words,
are
there
walls
or
fences
or
hedges,
which
create
two
separate
parcels
of
land
and
has
that
separate
parcel
of
land
got
a
use,
distinct
from
the
use
of
the
residential
property,
and
in
this
instance
neither
of
those
are
the
case.
This
is
not
physically
separated
from
number
20,
and
the
use
of
it
very
clearly
is
associated
with
that
residential
property.
B
D
B
M
In
order
to
consider
it
in
order
to
consider
it
as
an
infill,
though,
we
would
require
that
it
is
whatever
you're
considering
there
has
to
be
lawful
and
that
the
garden,
if
that
was
a
garden
to
that
house,
that
it
would
need
to
be
regularized
as
part
of
this
to
bring
it
forward
so
and
there
is,
there
is
no
application
to
regularize
it
and
there's
been
planted
on
that
type
of
plant
and
doesn't
require
planning
permission.
M
D
And
yeah
look
thanks
chairman
thanks
nicola
and
I
suppose,
just
sort
of
close
this
one
out
you've
been
on
site.
D
We
haven't
like
in
in
your
opinion,
is
that
a
lawn
is
that
a
field
because
obviously
there's
a
big
difference
between
a
lawn
the
field,
quality
of
grass,
the
way
it's
kept
and
things
like
that
yeah
from
the
photograph,
I'm
looking
at
it's
difficult
to
tell,
but
I'd
like
to
hear
what
your
your
thoughts
are
on,
because
obviously,
we've
got
mr
wilson
here
saying
it's
a
lawn
and
I
want
to
hear:
do
you
think
it's
a
fail
or
is
it?
Is
it
when
you
see
it
on
the
ground?
M
My
opinion
is,
it's
definitely
not
a
lawn,
it's
definitely
a
field
in
terms
of
how
it's
been
kept
and
I'm
not
sure
whether
they
potentially
maybe
got
funding
as
well
for
the
the
trees
that
are
on
the
site.
And
that's
that's
why
I
looked
into
the
issue
whether
there
was
a
payment
and
that's.
Why
that
even
draw
that
to
my
attention.
J
Thank
you
chair.
I
appreciate
the
information
so
far.
There
was
an
issue
just
referenced.
The
the
having
three
properties
having
the
front
onto
the
road
I
think
was
referenced
earlier.
I
know
we're
getting
hot
but
whether
it's
a
garden,
whether
it's
failure,
but
whether
it's
not
I'm
curious
tom.
You
mentioned
that
and
said.
Yes,
there
are
two,
but
you
said
that
was
it
number
20
that
they
weren't,
considering
as
being
fronted
onto
the
road?
Is
that
correct?
Q
Q
The
application
site
also
has
a
frontage
onto
the
road
and
number
20
to
the
scythe,
which
is
the
one
that
is
in
contention.
It
also
has
a
frontage
onto
the
road.
It
has
a
frontage
onto
the
road
now,
because
the
land
in
front
of
it
is
maintained
as
a
garden.
It's
cut
with
a
lawnmower
cut
with
a
ride
on
one
more
and
for
the
purposes
of
detail.
It's
it's
a
large
red
tractor
style
right
on
lawnmower.
Q
I
mean
if
the
question
that
maybe
should
be
asked
of
the
planners
is
if
they
consider
that's
the
field
and
not
the
garden.
Where
does
a
failed
stop
from
the
garden
begin,
because
it's
one
area
of
land
which
is
in
front
of
the
house
around
the
side
of
the
house
and
at
the
back
of
the
house?
It's
one
area
of
land
which
wraps
right
around
the
property
and
is
all
maintained
and
has
a
function
of
a
garden.
Q
The
other
consideration
is,
apart
from
the
fact
that
its
function
on
the
juice,
it
is
not
physically
separated
from
the
house.
The
house
sits
within
an
area
of
land,
regardless
of
whether
there's
been
an
unauthorized
change
of
use
to
residential
use
or
domestic
use,
regardless
of
that,
the
plot
of
land
that
the
house
sets
on
extends
the
road
and
that's
the
issue.
Q
B
Thank
you
very
much
for
that,
mr
wilson,
douglas.
I
wanted
to
ask
you
a
question
if
you
just
borrow
with
me,
the
second
refusal
reason
is
one
that
prepares
quite
a
lot
for
the
the
in
full
dwellings.
It's
the
cty1
and
cty,
yet
policy
planning
statement.
21..
Could
you
give
us
a
demonstration
of
that
on
the
screen?
B
I
think
sometimes,
when
you
look
at
the
plot,
says
the
different
plot
sizes
around
that
area.
Could
you
give
us
a
bit
more
detail
for
that
refusal
reason?
M
Thank
you
chair
reason.
Two
then,
for
refusal
were
that
cty1
and
cty
eight,
in
that
it
doesn't
represent
a
small
gap
sufficient
to
accommodate
up
to
a
maximum
of
two
other
two
houses.
M
Sorry
within
another
way,
substantial
and
built
up
frontage,
the
issue
here
and
and
then
it
would
result
in
ribbon
development
if
you
don't
actually
comply
with
the
infill
policy,
and
the
issue
here
is,
as
I
suppose,
as
tom
has
suggested,
I
mean
there
are
two
houses
to
one
side:
number
12
and
12
and
they're
immediately
to
the
north
of
the
site
and
there's
a
gap
left
then
for
the
potential
of
two
houses
within
this
gap.
But
this
isn't
part
of
this
application.
M
There's
only
one
up,
there's
only
one
house
proposed,
but
there
is
a
gap
then
potentially
to
allow
up
to
two.
But
for
this
to
be
approved,
they
need
a
third
house
at
the
beginning
to
the
other
side
of
it,
and
our
consideration
really
is
that
number
20
isn't
at
the
book
end
because
number
20
doesn't
have
a
frontage
to
the
road
number
20
is
set
well
back
off
the
road
and
there's
a
failed
in
front
of
us.
M
So
in
order
for
it
to
be
considered
to
be
in
keeping,
then
it
would
need
to
actually
be
immediately
to
the
front
as
number
12
and
12
ar
and-
and
in
this
case
it
isn't
it
set
back
off
so.
B
J
Thanks
chair
and
once
I
hear
what
nicholas
saying
and
I'm
looking
at
the
photographs
and
the
photograph
that
I
find,
the
most
striking
is
actually
the
aerial
photograph.
J
Because
if
I
look
at
the
aerial
photograph,
it
shows
a
clear
which
one
I'm
assuming
would
be
a
clear
sight
line
from
the
front
of
the
property
right
down
to
the
moss
bank,
road
or
the
main
most
bank
road,
with
no
winter
options.
Really
until
you
get
to
the
boundary
where
boundaries
with
the
road
and
it.
For
me.
J
Looking
out,
I
struggle
to
to
understand
whether
it's
a
field
or
not,
and
I'm
not
making
an
assessment
on
this,
I'm
just
kind
of
trying
to
gather
my
thoughts
on
it,
but
in
in
relation
to
it
I
mean,
and
for
not
wanting
to
sound
like
alderman
spears.
But
I
know
I
know
a
man
and
on
a
property
that
they
have
part
of
their
garden.
Actually
is
quite
a
large
wooded
woodland
area,
and
it
might
not
be
what
I
understand
to
be
a
traditional
garden
in
my
sense.
J
J
J
So
I'm
looking
at
that-
and
I
think,
if
correct
me,
if
I'm
wrong-
and
I
maybe
misunderstand
this-
but
if,
if
this
doesn't
get
to,
if
we're
saying
this
doesn't
come
to
the
front
of
the
road,
we're
saying
it
precludes
it
from
being
a
part
of
an
infill,
whereas
if
it
does
get
to
the
front
of
the
road
that
triggers
it
as
being
an
infiltrator,
is
that
correct.
M
I
must
admit-
and
you
know
looking
at
the
the
street
view
scenes
you
know-
I
was
only
recently
out
to
the
site
and
it
does
look
completely
different
than
what
some
of
those
street
view
scenes
do.
Look
like,
because
the
trees
that
are
on
the
side
have
completely
grown
up
around
it.
So
it's
so
well
screened.
Now
it's
actually
very
difficult
to
see,
but
from
the
aerial
photograph
you
can
see
just
to
the
side
of
the
house
adjacent
to
the
field.
M
There
actually
is
a
hedge
along
that
boundary
and
you
can
actually
see
on
the
earlier
photograph
that
the
area
immediately
to
the
east
of
the
house
is
actually
the
area
that
they
use
for
their
garden
and
from
what
you
can
see
whenever
you
zoom
in
and
look
at
the
details,
but
I
suppose
in
terms
of
the
scale,
maybe
for
what
this
is
on
the
screen,
it's
very
difficult
to
see.
M
But
there
is
a
definition
immediately
around
the
house
in
terms
of
in
terms
of
its
immediate
cartilage
and
but,
as
I
say,
we've
accepted
that
in
2004
they
made
an
application
and
they
have
drawn
the
red
line
around
the
area
which
is
eaten
immediately
to
the
to
the
north
of
the
house.
But
we
do
not
consider
that
the
area
the
area
to
the
the
west
of
number
20
is
forms
part
of
his
cartilage
or
has
any
permission
or
has
ever
been
regularized
and
to
be
part
of
its
domestic
cartilage.
B
H
Thank
you
chair.
Well,
the
free
is,
you
know
it's
hard
to
see.
The
wood
from
the
trees
comes
to
mind
it's
hard
to
see
their
loans
from
the
phase
in
terms
of
this
application,
I
suppose
it
does
come
down
to
whether
this
food
could
be
considered
as
residential
use
in
terms
of
between
number
20
and
the
road.
H
As
we
do
have
a
previous
financial
record
that
it
was
for
agricultural
use,
it
seems
that
it
would
need
to
be
regularized
to
residential
development
status
in
order
for
us,
then
to
maybe
consider
the
as
part
of
the
frontage
of
number
20
in
terms
of
the
suggested
frontage
as
in
that
2004
application
and
then
the
photos,
and
it
seems
that
when
we
have
that
linen
well,
therefore-
and
you
know
chair-
that
we've
shaved
a
few
applications
over
the
years-
if
it's
just
the
laneway
and
on
alienway-
and
that
is
not
an
actual
frontage
on
the
road-
it
seems
that,
given
the
context
that
we
have
to
consider
an
application
as
a
force
and
that
there
is
no
legal
and
there
has
been
discussion
about
legality
and
we
have
to
go
with
what's
legal.
H
If
there
is
no
legal
residential
usage
at
this
present
time,
then
a
refusal
seems
to
be
appropriate.
But
given
that
you
know
and
potential
and
future
that
the
applicant
may
wish
to
regularize
the
field
and
then
into
a
lawn
officially
and
then
come
back
with
an
infill
development,
they
would
probably
be
able
to
do
that.
But
we
have
to
assume
decided
on
the
way
of
the
land
at
present
and
legally,
and
this
alleged
failed
is
legally
a
phase
until
such
a
times
that
legally
becomes
the
law.
H
D
Yeah
look
charlie,
it's
another
one
of
those
sort
of
sort
of
opinion,
one
and
it's
very
gray
for
me,
because
I
I
don't
think
it's
black
and
white,
as
as
country
library
sets
right
because,
as
we
spoke
about
in
the
last
you
know,
enforcement
is
the
the
mechanism
to
a
to
a
a
bring
on
any
development
which
is
which
is
unlawful.
Now,
obviously
we
have.
We
have
a
a
difference
of
opinion
here
between
our
planner
and
obviously
mr
wilson.
D
D
That's
another
debate,
mr
wilson,
but
but
basically,
as
I
understand
what
what
has
been
said
is
that
because
it
wasn't
enforced
on
it's
made
lawful
and
therefore
the
fact
that
was
a
field
is
a
material
we've
dealt
with
that
we
we've
dealt
with
agricultural
question
that
it
was
there
2001
2002.
D
it's
it's
it's
one
of
those
ones
where
again
considering
as
as
we
alluded
there
that
the
discussion
we
had
before,
I
think
we're
all
even
more
kind
of
mindful
of
of
when
something
lawful
and
when,
when
it's
not-
and
I
suppose
the
key
is
that
this
piece
of
land
does
hold
the
key
to
where
this
is
an
infill
site
or
not,
and
and
I've
asked
the
question-
and
I
was
a
very
pointed
question-
was:
we've
got
an
opinion
here
to
lawn
of
no
opinion
here.
It's
failed.
D
I
can't
tell
from
the
photograph,
so
this
failed
to
be
honest
with
you
or
alone.
But
as
I
say,
it's
it's
a
well-kept
failed.
If
it's,
if
it
is,
I
have
to
say
but
and
a
I'm,
I'm
I'm
I'm
a
bit
sort
of.
As
I
say,
I'm
not
sure,
but
that's
one
chairman.
That's
where
I
am
at
the
moment.
You
know,
I
think
this
there's
a
lot
of
questions
still
not
answered
for
me
anyway,
thanks
sir.
B
J
Thank
you,
mr
chairman.
I
think
you're
getting
to
the
stage
where
you're,
black
and
white
you're
grey
and
then
maybe
you're,
coming
back
on
to
the
more
black
and
white,
because
I
look
at
that
and
I
just
look
and
I
see
somebody's
house
with
a
huge
big
front
garden,
and
that's
just
what
my
eyes
tell
me.
J
Is
he
in
front
of
me
and
I'm
looking
at
all
of
the
photographs,
and
I
can
see
you
know
I
can
see
the
fields
in
front
or
I
can
see
the
fields
in
the
background
and
they
look
entirely
different
to
me
to
what's.
You
know
in
front
of
the
house
even
as
well
on
the
greatest
respect.
Any
farmer
knows
there's
no
good
planting
trees
in
the
middle
of
the
field,
and
you
know
if
you
want
to
screen
your
house
and
have
a
wee
bit
of
previous
in
your
garden.
J
The
first
thing
you
want
to
do
is
plant,
maybe
trees,
closer
to
the
root
boundary
where
your
house
fronts
onto
it,
and
that's
just
how
it
looks
to
me
and
I
could
be-
and
you
know
maybe
just
entirely
mistaken,
but
that
is
just
how
visually
it
appears
to
me.
So
I
probably
think
I'm
falling
down
saying
it'd
be
a
bit
more
black
and
white,
because
the
fact
is
if
this
hasn't
been,
if
money
hasn't
been
claimed
on
this
through
foreign
payments
or
whatever
else,
then
what.
K
J
Are
they
doing
with
it?
You
know,
surely
if
it
was
a
failed
and
somebody
was
interested
in
keeping
it
as
a
fail
to
be
claiming
the
financial
package
that
was
available
for
it
unless
they
were
going
to
use
it
for
something
else.
That
then,
would
determine
that
it
wasn't
failed,
and
so
I'm
kind
of
enough
in
that
space
I'm
inclined
to
look
at
it
and
they're,
probably
a
toss-up
either
from
suggesting.
Maybe
we
going
to
look
at
it
for
ourselves
on
site
or
to
potentially
make
a
recommendation
to
to
prove
it.
J
So
I'm
kind
of
just
I'm
flip-flopping
between
those
two,
but
maybe
it
could
be
entirely
wrong,
but
I
just
can't
tell
you
anything
else.
I
want
to
see
on
front
of
me.
B
Yeah,
thank
you.
Kaiser
cosby,
like
I
think
from
my
part
party.
We're
suddenly
hung
up
on
this.
This
is
a
failure
as
a
jordan
and
there's
four
other
there's,
there's
four
representations
there
and
I
just
want
demons
and
the
kidney.
Do
I
just
speak
and
I
might
be
asked
deviant:
is
this
decision
hinging
on
whether
it's
a
failure,
jordan
or
ourselves?
B
C
C
Not
that
one
point
you
know:
does
this
form
part
of
the
cartilage
or
doesn't
it,
and
I
can
appreciate
there's
uncertainty
here
amongst
members
regarding
that
point,
and
I
think
the
members
are
probably,
there
are
two
options
here,
maybe
for
you,
given
the
uncertainty
is
whether
you
either
make
a
decision
tonight
which
would
be
to
go
with
officers
recommendation
based
on
the
evidence
that
officers
have
which
has
been
outlined
by
neglect.
C
If
it's
refused,
it
doesn't
preclude
the
applicant
from
later
making
an
application
for
a
club
to
demonstrate
that
that
land
is
part
of
the
cartilage
of
the
dwelling,
in
which
case
they
could
then
resubmit
a
planning
application,
and
we
would
consider
that
or
if
members
don't
like
that
choice,
you
you
defer
it
and
allow
the
application
for
a
cloud
to
come
in.
No,
that's
not
really
an
option
that
member
that
officers
would
promote,
because,
obviously
we
have
targets
that
we
wish
to
make
to
make
and
and
we
want
the
process
applications
promptly.
C
But
given
the
uncertainty,
I'm
just
suggesting
this
is
a
way
forward.
Given
the
uncertainty
amongst
members,
it's
either
decide
tonight,
maybe
to
refuse,
on
the
basis
of
recommendation,
allow
the
applicant
to
seek
a
cloud
if
that
cloud
successfully
come
back
from
the
future
application
or
you
defer
to
allow
them
to
do
that,
and
officers
will
have
already
said.
The
preferred
option
from
officers
would
be
a
decisions
made
this
evening.
Hope
that's
helpful
members
and
I'm
happy
to
take
any
further
questions
and
sharing
it
with
us.
B
B
G
M
Thank
you
chair.
I
just
wanted
to
clarify
those
farm
payments
and
maybe
I
did
say
it
wrongly,
but
they're
in
2021
and
20
22,
so
they're
they're
recent
they
weren't
in
2001
2002.
So
whether
I
made
a
mistake
in
terms
of
my
how
far
I've
said
it,
but
it
was
2021
and
2022,
so
it
was
registered
so
they're
not
from
20
years
ago.
Sorry,
they're,
they're
from
now.
F
B
M
M
B
Thank
you
very
much
that,
hopefully,
is
that
clarified
in
relation
to
the
payments.
So
councillor
cosby,
I
think
we're
going
to
be
able
to
ask
a
few
questions.
I've
been
a
lot
of
she'd
hear
me
with
questions
than
later
that,
so
you
know,
debate
questions
still
so,
but
a
lot
of
tutor
folks,
all
right.
Thanks
for
calling.
J
Thank
you,
chair
nicola,
just
in
terms
of
that,
and
just
so
I'm
clear,
that's
not
for
the
2021-2022
financial
year
that
is
2021
and
2022.
So
is
the
2022
description
of
field,
although
registered
not
claimed,
is
that
currently
live.
D
M
From
the
information
that
they've
supplied
now,
they
haven't
supplied
me
with
the
form
maps
or
details,
but
they
have
supplied
me
with.
Yes,
the
reference
and
the
person
who
has
claimed
and,
as
I
say,
it's
not
the
same
person,
it's
not
the
person
that
lives
in
number
20,
it's
a
different
address,
so
we'd
assume
it
is
on
a
farm
now.
D
If
you
allow
me
I'd
like
to
tom,
to
sort
of
give
us
a
a
reason
why
tom
this
has
been
claimed
as
agriculture
on
a
farm
map,
it
looks
like
according
to
what
we're
hearing
now.
So
obviously
we
were
debating
whether
this
is
residential
agriculture.
But
again
this
really
does
you
know
I'd
like
to
hear
your
what
your
your
opinion
is
on
that,
because,
obviously
we're
all
dealing
with
2001
2002
up
to
two
minutes
ago,
and
obviously
this
here
has
has
really
sort
of
it's
changed
the
last
year
from
etop
pardon
the
pun.
Q
Q
Q
So
there's
the
other
suggestion
that
was
made
was
that
we
could
make
a
planning
or
make
an
application
for
certificate
of
lawfulness.
This
is
not
my
client's
property,
so
therefore,
we
cannot
make
any
application
for
certificate
or
lawfulness.
This
is
a
neighboring
property
and
has
been
there's
three
things
we're
getting
tied
up
here
with
is
that
there
is
another
field.
Q
Q
So
the
question
is:
is
this
plot
of
land
that
has
a
frontage
onto
the
road
separated
from
the
plot
of
land
from
a
plot
of
land
that
has
to
household,
or
is
the
house
within
the
plot
that
extends
to
the
road?
That's
the
question
not
getting
tied
up
too
much
on
whether
or
not
it's
a
field
or
a
garden
or
whatever
the
question
is:
does
a
plot
of
land
that
extends
to
the
road
half
a
building
within
it.
B
D
K
D
In
a
roundabout
way,
I'm
happy
chairman
because,
as
a
city,
it
clarified
a
lot
for
me
I.e.
You
know
that
the
applicant
is
not
in
control
of
this
piece
of
land,
so
it
really
is
down
to
us
to
make
a
decision
on
what's
in
front
of
us.
You
know
in
regards
to
the
infill
policy
and
and
obviously
what's
been
gone
before
so
now.
I'm
happy
enough
german,
as
I
say,
as
relation
yeah.
B
J
I'm
not
sure
if
I
have
more
clarity,
I'm
more
confused
to
be
honest,
but
I
never
and
I'm
conscious
we're
supposed
to
be
at
stage
here,
and
this
information
is
kind
of
throwing
a
bit
of
a
curveball,
and
I
appreciate
your
latitude
on
this,
but
mr
wilson
referred
to
the
beginning
around
the
policy
as
to
whether
something
fronts
along
the
road,
and
I'm
wondering
he
quoted
it
in
his
remarks
and
I'm
wondering
he
he
paraphrased
that
I
think
they
had
a
response
to
country
nicholson
and
I'm
wondering
if
he
could
just
clarify
that
for
me
again.
J
If
he
understands
what
I
mean,
and
it
is
just
in
relation
to,
he
made
the
point
that
if
the
building
fronts,
the
road
or
a
plot
of
land
on
that
you
know,
is
along
the
roadside.
There's
a
building
within
that
front
to
the
road
from
through
whether
to
fail
or
not
a
field
or
whatever
or
a
garden
or
whatever.
It
is
tom.
Can
you
through
the
chair
and
clarify
that
justin,
because
I'm
pretty
sure
you
mentioned
something
like
that
in
your
opening
remarks,.
Q
Yes,
hey.
Thank
you.
Councillor,
cosby,
the
the
planning
policy
and
the
established
position
of
the
plunder
peace
commission
is
that
a
building
will
be
considered
as
part
of
the
frontage
development
if
the
plot
of
land
that
it
sits
on
extends
to
the
road
without
that
mantra
has
been
repeated
in
front
of
this
committee
by
the
planning
officers
on
virtually
every
application
for
an
infill
site.
So
the
the
issue
is:
does
the
plot
of
land
which
extends
to
the
road
include
a
building
within
it?
Q
B
H
Thank
you
chair
and,
I
suppose
that's
an
example
of
you
never
know.
What's
going
to
come
up
when
used
to
be
it's
happen,
given
all
this
information
again,
it
does
come
down
to
well
as
as
a
failure
or
not.
You
know,
adjacent
to
number
20
and
given
the
very
recent
history
of
agricultural
claims
on
it
and
the
fact
that
there's
solar,
substantive
information
that
would
be
indicated
that
it
wasn't
legally
a
residential
use
at
the
minute.
H
We
have
to
say
that
there's
a
failure
there
for
the
applicant's
site
cannot
be
considered
as
an
enfield,
because
there's
not
three
buildings
and
a
fronting
onto
the
road.
Therefore,
the
officer
recommendation,
and
maybe
to
refuse,
seems
to
be
the
appropriate
one
in
this
case
and
content
to
propose
it
should,
in
the
future
they
failed
or
flawn,
be
regularized
through
a
club.
Then
obviously,
the
applicant
can
make
another
application
and
it
may
be
a
different
outcome.
H
A
B
Thank
you,
councillor
lottery,
and
so
we
heard
that.
J
Thank
you,
mr
chairman.
I
respectfully
you
know
disagree,
because
what
I
see
is
a
piece
of
plot
of
land
that
extends
from
the
front
door
of
a
house
to
the
front
of
her
to
road.
It
clearly
for
me
fronts
under
whether
there's
a
failure,
whether
it's
not
a
field.
However,
that
said
given
that
nicola
has
raised
the
issuer
clarified
the
issue
for
us
around.
You
know
there
being
a
register
of
a
field.
J
I
am
unclear,
then,
on
what
the
maps
say
about
that,
and
I
think
that
is
a
fairly
important
point
as
to
the
farm
map.
Does
it
extend
beyond
the
site?
Is:
is
the
site
even
included
in
it
if
it's
registered
to
somebody
else
and
somebody
else
is
working
on
it
as
a
form?
I
don't
know
any
of
that
and
then
visually
necklace.
When
she
looked
at
it
it
was.
It
looked
like
a
fail.
J
What
I
can
see
in
the
photographs
to
me
it
looks
more
like
a
garden
so
not
because
I
actually
like
to
go
out
on
site
to
to
get
a
look
at
and
see
see
for
myself
and
in
the
meantime,
hopefully
we
can
get
clarity
on
maps
and
boundaries
with
dara
around
where
we
are
on
this.
It
would
seem
strange
to
me
that
somebody,
you
know,
wouldn't
claim
you
know
a
financial
package
on
on
a
piece
of
land
if
it
was
a
failure
being
currently
used,
live
as
one.
J
It
would
seem
unusual
to
me,
but
you
know-
and
I
even
if
I
look
at
the
other
fields
around
this
site,
you
can
very
clearly
see
even
on
the
aerial
footage
animals
you
can
see.
One
has
just
been
spread,
you
can
see
the
tracks
through
gates,
and
that
is
not
the
case
for
what
I'm
looking
at
in
front
of
me.
So
I
would
like
to
get
out
on
site
and
maybe
bad
at
a
time
just
to
clarity
on
some
of
those
issues.
J
So
on
that
basis
I
make
that
proposal.
Thank
you.
P
D
Yeah,
jordan,
look:
we've
had
a
really
again
another
good
debate
on
this
one
and
I
don't
think
we're
all
sort
of
heads-free,
but
look
I
I
would
be
sort
of
a
long,
counselor
cosby's.
I
think
I
I
would
like
to
go
and
see
this
and
also
give
the
the
the
officer
the
time
to
unearth
the
maps
like
it's
not
unheard
of
that
somebody
maps
land
into
the
farm
up.
They
don't
own.
You
know
that
that's
called
ticking
land
and
cornicker.
D
So
look
it.
I
think,
in
order
to
be,
you
know
completely
sure,
on
this
one
and
and
deal
with
it
in
in
the
round.
I
think
those
sort
of
outstanding
issues
for
me
would
have
to
be
sort
of
clarified
before
I
would
be
willing
to
sort
of
put
my
put
a
decision
on.
As
I
say
it's
so
I'm
happy
to
second,
obviously,
because
of
course,
recommendation.
R
Yes,
thank
you,
mr
chairman.
Just
basically
counselor
nicholson
beat
me
to
the
punch
to
seconds
and
I
think
in
recent
times,
site
visits
have
been
very
useful
and
I've
clarified
certain
situations,
so
I
think
a
site
visit
will
be
very
useful
to
see
what
the
situation
is
with
that
section
of
ground.
Thank
you,
mr
chairman.
B
Okay,
with
two
proposals
on
the
floor,
so
we're
going
to
go
about
down
members.
So
what
a
tech
counselor
libraries
proposal
first,
that
we
accept
their
recommendation
as
outlined
in
the
report
just
to
clarify
members,
there's
nobody
online.
So
it's
just
in
the
chamber!
So
I'm
going
to
start
with
counselor
buffy.
G
F
B
B
B
Remember
I
was
just
chatting
with
dave
in
there
just
to
confirm
on
that
there
was
more
no's
and
yeses,
so
that
falls
and
then
so
I'm
not
going
to
put
a
devoted
counselor
because
he's
cancer
nicholson's
then
stands
that
we
go
for
a
safe
visit.
There's
anything
else
to
address.
J
B
B
S
Thank
you
chair.
The
application
seeks
full
plan,
information
for
53
number
residential
units
and
four
number
of
blocks
of
research
and
development
units
consisting
of
three
number
of
two-story
buildings,
each
proposed
in
four
units
and
one
three-story
building
proposed
in
six
number
units
set
across
two
distinct
portions
of
the
site
and
the
reasons
for
the
platinum,
regular
service
committee,
because
it's
a
major
application
why
this
site
has
unsold
land
within
the
development
limit.
It
was
last
used
for
industrial
purposes.
S
S
Proposal
includes
18
number
of
research
and
development
units
and
tracking
investment
of
8
million,
and
will
provide
a
much
needed
redevelopment
of
this.
Prominent
rundown
site
proposed
research
and
development
uses
will
also
provide
a
much
greater
employment
offer
in
the
region
of
100
new
jobs,
as
such
officers
are
of
the
opinion
that
they're
proposing
as
a
specific
mixed-use
regeneration
initiative,
which
consists
of
and
contains
a
significant
element
of
economic
development
use
and
also
includes
residential,
which
will
bring
a
substantial
community
benefit
that
outweighs
the
loss
of
this
land
to
economic
use.
S
Furthermore,
authors
will
point
out.
There
is
an
extent
approval
of
30
dwellings
on
the
southern
portion
of
this
site.
The
proposed
housing
layered
neighbor
pose,
provides
a
much
improved
layout
with
the
glenn
dimplex
complex
to
the
west
of
this
site
in
this
extant
plan
of
mission.
So
much
so,
the
letter
withdrawn
and
early
objection
from
glenn
templex
has
been
received
with
them.
Also
noting
a
much
improved
layers
as
regard
to
the
same
layered
and
amenity.
S
The
residents
station
research
and
development
units
have
been
fully
appraised
in
the
report,
and
officers
are
content
that
a
quality
design
layout
has
been
achieved
and
there
will
be
no
detrimental
impact
on
them
in
a
day
as
regards
to
traffic
access
and
parking
officers.
Firstly,
noted
the
general
access
arrangement
to
the
site
from
logan
road
has
the
benefit
of
planning
permission
under
end
2008-2026.
S
Furthermore,
officers
in
consultation
with
the
efi
rules
are
of
opinion
that
this
application
proposed
more
improvements
by
widening
the
road
radius
when
turning
left
into
church
road.
This
will
provide
improvement
to
the
through
line
lean
alignment
from
upper
church
lane
to
church
road
and
facilitate
a
two-lane
approach
to
the
church,
road
logan
road
junction,
which
will
ever
prove
to
deliver
great
improvements
in
this
junction.
S
S
I'll
show
the
location
of
the
site
within
the
journal.
Areas
is
just
the
the
north
of
airport
design
and
that's
just
an
aerial
view
of
the
whole
site
at
the
present
time
and
that's
the
site
location
plan
that
has
been
similar
with
the
plan
and
application
that
just
shows
you
the
area
in
relation
to
the
local
development
plan.
It's
white
land,
it's
unzoned,
however,
given
the
previous
use
was
industrial.
S
It
is
considered
as
a
previous
industrial
use
in
the
site
and
that's
proposed
site
layout,
as
you
can
see
to
the
north
there's
access
for
the
research
and
development
units.
That
will
be,
I
suppose,
a
distinct
portion
of
the
site
different
from
the
residential
aspect.
There's
three
residential
units
to
the
east
that
will
access
off
on
the
church
road
there
to
give
the
character
of
the
area
to
retain
that.
S
So
this
is
section
through
the
sides
here
you
can
see
it
is
lower
as
regards
to
the
church
on
the
logan
road,
and
it
is
lowers-
regards
to
the
glenn
dunflex
factory
and
there's
another
section
through
the
site
from
the
glen
templex
factory.
You
can
see
it
there,
so
it's
up
to
three
meters
lower
and
so
that's
why
the
residential
aspects
were
given
as
sort
of
a
a
townscape
to
the
logan
road.
S
S
And
that's
just
in
the
other
side,
looking
back
towards
thing
and
the
site
is
immediately
to
the
east
there
as
well,
and
that
hedgerow
will
have
to
come
away.
There
has
been
an
ecology
report
on
that.
There's
doesn't
any
protective
space
regard
to
bats.
However,
a
new
hedge
will
be
planted
along
the
frontage
of
the
site,
not
just
a
view
from
within
the
site
from
the
northern
road.
Some
of
the
demolition
work
of
the
factory
still
retained
on
site.
S
As
regards
to
the
then
filling,
and
it's
a
clattered
area,
you
can
see
some
of
the
existing
factory
buildings
to
the
north.
It
will
still
have
to
be
demolished.
S
That's
just
a
view
from
the
junction
you
can
see
the
state
so
they're
going
to
be
another
lay
in
there
and
it's
only
two
lane
at
the
minute.
There's
gonna
be
a
third
lane
to
give
you
access
down
to
church
roads.
If
you
want
to
turn
left,
you
would
have
to
sit
in
the
traffic
and
go
on
to
the
left.
Two
meter
wide
footpath
is
gonna
also
be
provided.
S
That's
just
a
looking
from
the
church
road.
Then
you
can
see
the
the
hillmark
homes
offices
and
regards
to
the
the
access
to
the
glenn.
Dumplings
factory
is
also
by
this
access
as
well,
and
that
just
shows
you,
aside
from
the
church
road
and
to
the
north,
there
is
how
the
glenn
dumplings
factory
is
accessed,
and
then
the
research
and
development
will
be
to
the
the
west
and
that's
just
a
further
view
just
to
show
you
the
next.
The
site
will
be
from
the
church
road.
B
Thank
you
very
much
for
your
report
tonight
and,
as
I
mentioned
previously,
the
crony
race
from
donaldson
planning
has
made
a
representation
on
behalf
of
the
application
we're
on
yeah.
Can
you
hear
us?
Okay?
Yes,.
K
T
K
B
Thank
you
very
welcome
to
our
planning
committee
this
evening.
You'll
probably
see
the
clock
on
your
screen.
You
will
have
three
minutes
and
it
will
start
once
you
start
speaking,
and
if
you
go
beyond
your
time,
unfortunately
I'll
have
to
cut
you
off,
so
I
just
want
to
let
you
know
in
advance.
So
as
soon
as
you
start
running
it,
the
clap
will
start
turning.
T
T
This
development
represents
a
very
significant
investment
by
portedinebase
tillmark
homes,
which
has
approximately
600
dwellings
in
the
pipeline
within
this
council
area.
At
present,
this
proposal
will
not
only
provide
high
quality
housing
development,
but
will
also
house
hillmark
homes,
headquarters
and
marketing
suite
within
a
high
grade
research
and
development
business
park.
T
This
landmark
mixed
use
development
will
showcase
the
very
best
of
hillmark
homes.
The
overall
construction
value
for
this
site
will
be
at
least
8
million,
with
approximately
50
construction
jobs
maintained
each
year
over
the
construction
period.
The
business
park
will
also
provide
long-term
employment
benefits
for
the
area.
T
T
B
B
Okay,
members,
I'm
detect
that
these
are
very
content
with
the
report
and
that
clears
everything
up
for
you.
I
don't
want
to
take
that
as
yes,
so
if
there's
no
question
so
we'll
move
into
the
debate
stage.
Oh
sorry,
albert
bar,
you
have
a
question.
Apologies.
F
I
was
just
moving
forward.
Look
at
the
button,
I'm
just
to
clarify
and
heading
for
working
noise
and
associated
noise,
I'm
assuming
that's
from
zero,
seven
thirty
hours
to
seventeen
thirty
hours
monday
to
thursday
and
then
friday
is
zero.
Seven
thirty
to
thirteen
hundred
dollars
on
friday.
There's
no
start
time
on
mondays.
B
S
With
regards
to
the
construction,
yeah
yeah
conditionally
obtained
that
the
foundation's
not
to
say
half,
seven
to
half
five
monday
to
friday,
half
seven
to
one
on
saturday
and
not
at
any
time
on
sunday,
bank
or
public
holidays.
That's
normally
in
lane
with
the
construction
arms
that
we
would
now
attach.
Two
sites
are
in
close
proximity
to
residential
developments.
U
Yeah
thanks
chair
no
question,
it's
just
probably
just
declaring
interest.
I
am.
I
was
presented
with
a
presentation
on
the
same
number
of
years
ago
and
along
with
a
colleague
and
but
I
am,
I
I'm
happy
to
continue
as
part
of
this
application
as
part
of
the
committee.
Thanks.
B
Yeah,
thank
you
very
much.
Cancer
tool
will
make
a
note
of
that
amber's,
not
seeing
any
other
concept,
so
we
may
be
moving
to
the
debate
stage.
Okay,
so
I
think,
but
the
report
was
very
comprehensive.
I
think
she
needed
nearly
answered
any
questions.
Members
might
have
on
the
ground
to
give
a
good
overview
of
their
plans
to
say
so.
That's
me
thinking.
Oh
no
everything
seems
to
take
all
the
boxes
on
another
good
investment
in
the
borough.
So
does
anybody
any
thoughts
on
it.
J
Thank
you
chair
just
in
relation
to
it,
and
the
report
is
particularly
thorough
and
ginny.
It
does
tend
to
to
be
very
thorough
and
can
anticipate
against
what's
common,
maybe
if,
if
this
gets
in
their
committee,
so
I
appreciate
that
and
the
number
of
conditions
that
are
attached
and
certainly
fears
and
the
addendum
that
came
in
in
response
to
the
latter
was
was
most
helpful.
J
So
I
appreciate
that
on
on
the
concerns
around
those
things
have
been
addressed
primarily
by
the
conditions
attached
and
other,
not
just
to
say
that
the
site,
as
members
will
know
you
know,
has
been
redundant
for
some
period
of
time
at
times
has
created
a
nuisance
also
at
times,
particularly
along
the
boundary
with
logan
road,
with
the
hedge
line
and
fence
lane
being
particularly
unsightly
and
attempts
vastly
overgrown-
and
I
know
certainly
those
who
are
inclined
to
be
out
walking
more
than
I
daphne
will
appreciate
that
much
tidied
up
space.
J
So
in
that
sense
it's
certainly
a
positive
step
forward
and
eight
million
pounds
significant
development
in
the
borough.
But
notwithstanding
we
appreciate
that
there
are
and
have
been
some
minor.
What
I
would
consider
minor
objections
have
been
dealt
with
fairly
robustly
by
planners
and
by
the
conditions
that
test
the
application.
G
And
thank
you
very
much
indeed,
mr
chairman,
and
really
just
to
concur
with
everything
that
has
been
said.
I
think
this
is
a
very
welcome
project
and
particularly
the
additional
lane
at
the
corner
of
church
road.
I
think
that'll
be
very
valuable
from
traffic
coming
from
the
quarter
down
direction,
turning
left
into
church
road.
So
I
think
this
is
a
very,
very
welcome
project.
Indeed,.
U
Thanks
chair
and
yes
just
when
I
seen
this
come
up
on
the
schedule,
you
know
I
am,
I
don't
know
the
area.
It
is
quite
busy,
particularly
with
the
hospital
on
the
numerous
schools
in
the
area.
So
I
did
have
some
concerns.
You
know
about
the
traffic,
but
I
just
want
to
say
thanks
and
to
the
officer.
I
think
the
report
has
alleviated
any
concerns
that
I
had
about
traffic
and
yep.
That's
all
I
have
for
the
minute,
sir.
B
Thank
you
very
much,
tormund
members.
Thank
you
very
much
for
your
comments,
sir.
So
I'm
going
to
take
a
proposal
and
seconder
in
relation
to
this
application.
So
if
we
can
have
any
proposals
from
the
floor.
G
B
B
Okay,
thank
you.
Members.
We
will
move
on
to
the
application
four,
which
is
it's
linked.
It
says
application
number
lao,
wipe,
2019,
slash,
1600,
slash,
af
members
and
again
the
report
has
been
circulated,
mcavoy
will
present
and
also
they
will
begin
making
a
representation
and
supporters
applications.
So
sinead
do
you
wanna,
take
her
away.
Please.
S
Thank
you
sure,
and,
as
I
alluded
to
the
reason,
this
is
before
the
planner
regularly
service
committee
is
because
it's
associated
with
the
application
of
appendix
iii,
basically
following
discussion
with
the
glenn
templex
factory
and
an
additional
measure
above
that,
as
proposed
in
the
acoustic
report,
was
proposed
by
this
applicant,
with
six
full
planar
permission
for
the
reaction
of
110
meters
for
three
meter:
high
acoustic,
fencing
along
the
top
of
the
existing
embankment
defenses
to
be
constructed,
constructed
of
solid
board,
acute
acoustic
grade
fence
and
using
materials
with
a
minimum
weight
of
the
kilogram
per
meter.
S
Squared
the
acoustic
fence
will
replace
the
existing
wire
and
contract
fence
in
situ
along
110
meters
off
the
eastern
boundary
of
the
glen
dumpling
boundary
complex.
The
acoustic
fence
proposed
to
protect
the
immunity
of
the
jason
dwellings
imposed
under
application,
laof
2019
1595
f,
which
you
have
just
approved.
The
application
has
been
assessed
in
regards
to
visual
impact
in
the
timescape,
the
residential
immunity,
and
indeed
the
impact
and
road
safety
and
officers
in
consultation
with
the
environmental
health
department
are
satisfied.
The
defense
will
have
attacked
the
immediate
respective
dwellings.
S
S
Again,
location
of
the
south
in
the
general
area
as
you've
just
seen
this
regards
the
northeast
of
porter
down,
and
then
that
scenario
view
the
sites
inside
out.
Mountain
blue
is
the
the
jason
said
owned
by
the
applicant,
and
then
our
site
is
outlined
in
red
there
along
the
the
boundary
of
the
site
and
that's
just
application
plan.
S
B
T
And
thank
you
chair
and
thank
you
again,
members
and
I
don't
have
much
to
say
on
this
particular
application
other
than
we
welcome
council's
recommendation.
T
This
particular
france
lies
on
land
owned
by
gdc,
rather
than
hillmark
homes,
and
that's
why
it's
come
in
as
a
as
a
linked
application,
but
hillmark
holmes
will
be
erecting
the
fence
with
the
agreement
of
gdc
and
that's
something
that
has
been
negotiated
so
again.
Thank
you
and
I'm
happy
to
take
any
comments.
B
H
Thank
you
chair.
It's
just
a
minor
query,
maybe
one
for
chennai.
So,
let's
see
in
the
the
cut
there's
the
three
meter,
high
acoustic
fence
and
then
downhill,
and
then
the
1.8
meter
high,
purposely
fence
and
there's
maybe
a
picture
of
some
potential
greenery
in
between
the
middle,
whether
it's
heads
or
trees,
so
my
career
would
be
whose
responsibility
would
be
for
the
upkeep.
With
regard
to
that,
as
I
don't
know
whether
it's
on
the
hillmark
grinds
or
within
the
the
nearby
business.
H
Just
you
know
if
we
are
to
a
previous
and
potentially
that
would
become,
you
know
what
area
difficulty
access
and
then
who
would
sort
of
deal
with
the
you
know
increasing
size
of
trades
if
there
to
go
and
to
cover
parts
of
the
back
gardens.
Would
that
be
an
issue
for
the
applicant
in
terms
of
the
university
overall
site,
maintenance
of
the
open,
green
spaces
and
so
on?
H
Or
would
that
be
an
issue
for
whoever
the
landowner
is
just
some
clarification
at
this
stage,
because
you
know
15
years
down
the
line
we'll
be
getting
case,
work
about
who's
about
these
trees.
So,
just
if
I
could
be
clarified
at
this
time
sure.
B
Thank
you
very
much
cancer
lover
and
hopefully
we'll
be
about
15
years
time.
Second
case
work,
so
shall
I
bring
you
in
okay.
S
The
final,
a
landscape
management
plan
is
still
to
be
agreed
with
us
through
that
condition.
Well,
it
is
to
con
cover
hard
and
last
and
soft
landscaping
works.
So
I
know
that
there's
an
indication
that
the
defense
etc
would
be
through
a
landscape
management
plan.
Another
has
to
be
replaced
if
they
ever
came.
You
know
until
like
this
repair,
etcetera
but
less
may
be
grown.
You
want
to
still
if
that
is
still
the
case,
that's
still
to
be
smelled
to
us,
through
the
condition.
L
B
J
I
think
one
of
my
concerns
with
the
application
would
have
been
maybe
a
noise
impact
on
the
basis
of
having
dealing
with
some
consistency,
work
along
with
councilor
tinsley
in
that
area,
and
actually,
if
you
see
on
sly
idiot
as
part
of
the
presentation
between
the
glenn
demplex
comp
compound
on
the
site
itself,
therein
lies
a
couple
of
modular
units
in
there
and
they're
actually
research
units
belonging
to
glendamplex,
which
at
times
can't
produce
quite
a
lot
of
noise,
which
are
environmental
health
department
will
be
fully
aware
of
and
so
on.
J
On
that
basis,
I'm
pleased
to
see
the
acoustic
fence
will
be
installed
and
actually
probably
will
be
more
of
a
help
to
the
residents
in
likes
of
hillside
across
the
room,
maybe
even
to
those
who
will
live
with
the
boundary
in
the
backs
of
their
properties.
But
it's
definitely
a
welcome
addition
to
this
site
and
hopefully
should
make
all
the
difference.
Do
you
say
granule,
maybe
glenda
and
blacks,
in
your
comment,
because
maybe
it's
something
they
should've
done
a
long
time
ago.
B
Okay,
thank
you
very
much.
Counselor
cosplay.
I
don't
see
any
further
lights
on
folks,
so
I'm
going
to
go
to
a
decision
stage.
Are
there
any
proposals
from
the
floor.
B
B
F,
it's
up
for
approval.
It's
nate,
mcavoy's
gonna.
Take
us
through
the
report.
Tom
stokes
tsa
planning
is
going
to
make
representation
in
support
of
the
applicant
and
also
an
attendance
veteran
house.
Speaking
rates
will
be
sean
muldoon
and
members
of
a
certain
vintage
will
remember
this
application,
so
they
will
from
a
previous
year
so
janet.
I
am
going
to
hand
over
to
you.
S
S
Oh,
the
proposal
is
the
direction
of
two
dwellings
and
following
consultation
with
historic
environment,
the
vision
they
have
raised,
concern
in
relation
to
the
impact
of
this
development
on
the
setting
of
the
listed
building
known
as
dairy
lords
at
29,
lock,
road
logan
officers
in
consultation
with
historic
environment
division.
Consider
that
the
proposal
would
inform
it
compromise
the
integrity
of
the
remaining
setting
of
dairy
lodge,
which
has
already
been
substantially
compromised
by
the
json
housing
development
and
the
source
proposal
is
contrary
to
policy
bh11
of
pps6
and
the
corresponding
paragraphs
of
the
spps.
S
S
In
each
of
those
approvals,
a
concept
statement
was
met
with
the
outline
application
showing
the
location
and
footprints
of
the
post
dwellings,
which
are
the
same
location
as
their
current
proposal.
It
was
accepted
by
historic
buildings
under
end
2002,
1095.00,
that
the
grounding
of
plan
information
provide
enabling
contacts
to
ensure
the
upkeep
of
the
nearby
listed
building.
The
n-20
set
2007.5810.
S
At
the
time
members
put
determining
we
had
to
the
previous
planning
applications
which
had
been
approved
by
approved
on
the
site,
historic
building
unit,
historic
environment
division
made
no
prior
objections
to
the
previous
applications
on
which
way
it
was
being
placed,
and
there
was
an
economic
issue
at
the
heart
of
the
matter,
and
it
was
said
in
the
planned
report
that
economic
considerations
were
for
a
local
authority.
It
was
placed
on
them
as
well.
S
Given
the
plan
history
and
the
fact
that
there
has
been
three
previous
residential
schemes
granted
in
this
site,
the
letter
had
been
made
by
the
council
and
there's
been
no
change
in
policy
or
circumstances.
There
is
a
legitimate
expectation
that,
subject
to
meeting
all
other
material
considerations
plan
information
for
similar
type
of
development
would
be
forthcoming.
S
Furthermore,
consistency
and
decision-making
is
considered
to
represent
a
principle
of
good
practice
and
development
management
and
offers.
Therefore,
the
opinion
that,
notwithstanding
the
raised
by
the
historic
environment,
division,
significant
weight
should
be
given
to
these
planning
histories
and
the
economic
considerations
satellite
above
in
the
overall
planning
balancing
exercise
to
this
end
officer
of
the
opinion,
the
why
the
proposal
is
contrary
to
policy
bh11
of
pps6
and
the
corresponding
paragraphs
of
the
spps.
S
S
Others
are
the
pain
that
pose
development,
comply
to
all
other
aspects
of
planet
policy
as
regards
insane
layout
and
impact
and
immunity,
as
well
as
access
and
parking.
Furthermore,
it's
not
the
plan
is
and
julie
amended
the
same
in
light
of
representation
received
as
such
officer
fully
satisfied.
Their
signed
adjustable
grounds
for
departing
from
policy
in
this
instance
and
those
grinders
are
in
detail
within
the
main
body
of
the
reports.
On
that
basis
and
subject
the
tradition
contacts
office
recommend
the
plan
of
mission
be
granted
taking
it
through
the
powerpoint
presentation.
S
So
there's
location
of
the
site,
so
it's
just
to
the
northwest
of
the
lurgantown
center
boundary
and
that
shows
an
aerial
view
of
the
proposed
site
and
the
residential
development.
The
south
south
east
was
part
of
the
residential
development
that
also
took
place
within
what
we
would
call
the
pink
wash,
and
that
is
a
site
location
plan
of
the
the
site,
such
as
closing
an
area
of
the
galvan
area
plans
was
whiteland
on
its
own
land.
S
Within
the
development
limit,
there
is
a
post
site
layout
to
basically
the
outline
applications
that
came
in
or
approved
show
those
layouts,
and
that
was
considered
in
addition
to
that,
they
were
approved
for
two-story
dwellings,
with
certain
materials
etc.
So,
and
the
full
application
would
adhere
to
all
the
outline
conditions
that
were
attached
to
the
previous
approval,
albeit
is
not
a
reserved
matter
application.
It's
a
full
application.
S
Hospital
looked
at
fractions
on
works,
so
that's
repost,
elevations
of
it
similar
to
the
design
of
the
adjacent
development
button
render
and
slipped
and
wooden
windows.
So
the
traditional
materials
that
we
expect
to
see
within
the
setting
of
a
listed
building
and
that's
the
floor
plans
that
just
shows
report
sections
site
in
relation
to
the
the
residential
development
and
beast,
not
just
a
cross
section
through
the
site,
so
that
just
shows
an
access
to
safety,
lock,
road,
the
representation
received
and
initially
first
along
the
roadside
and
the
plants.
S
That's
just
the
access
when
the
cypress
leaves
to
the
left.
The
building
those
trees
within
the
state
are
protected
under
three
preservation
order
and
and
the
excess
arrangement
has
been
a
geotextile
access
to
ensure
the
root
protection
of
those
trees
will
not
be
impacted,
and
that
just
shows
a
view
of
the
site.
From
the
top
of
the
access
lines.
You
can
see
a
dialogue
manner
to
the
the
residential
development
and
again
looking
back
down
the
site.
S
It's
difficult
to
see
the
listed
building
from
the
site
in
question,
not
just
a
close-up
run
up
in
so
that
is
jerry
lodge
and
enlisted
building
at
29,
and
so
you
can
sort
of
see
it
there
just
sitting
at
the
top
of
the
site
and
there's
just
another
view,
but
from
further
down,
and
so
you
can
see
that
the
residential
curtis
has
been,
I
suppose,
depicted
in
isolation
from
the
site
to
the
to
the
south.
S
That
just
shows
a
few
the
site.
Looking
at
this,
the
bottom
of
the
site,
looking
towards
the
excess
waste,
that's
where
site
number
one
is
going
to
be,
and
it's
going
to
be
facing
out
onto
the
internal
access
where
and
the
next
one.
Then
I'll
show
you
the
other
side.
That's
gonna
be
faced
out.
You
know
sorry,
that's
looking
up
the
site
towards
leicester
building
and
thus
the
buildings
behind
that
a
wooden
fence
you
can
see
to
the
north.
B
Smith,
thank
you
very
much
for
your
report.
As
I
mentioned,
members
are
tom
stokes
from
tsa
planning
he's
going
to
make
a
representation
supporters
application
tom
you're
very
welcome
to
your
planning
committee
this
evening
you
will
have
three
minutes
once
you
start
talking,
the
clock
will
start
and
you'll
be
muted
if
you
continue
after
three
minutes
so
the
floor
is
your
time.
V
Thank
you
chair
and
thank
you
members
for
the
opportunity
to
present
to
you
this
evening.
I
don't
propose
to
take
up
too
much
of
the
committee's
time.
As
I
say
it
could
be
maybe
a
long
evening.
Some
members,
as
it's
been
alluded
to,
will
recall
this
one
from
a
few
years
back
where
it
was
debated
at
some
length
and
cheney
has
given
a
very
detailed
overview
of
the
history
of
the
site.
Planning
has
been
secured
on
this
site.
V
I
should
say
outline
planning
has
been
secured
in
this
site
on
three
separate
occasions
for
two
dwellings,
and
this
application
is
for
full
planning
consent
for
the
dwellings,
as
has
been
presented
to
you.
As
you
can
see,
the
dwellings
are
of
a
traditional
design
and
nature,
and
the
materials
are
as
shiny
as
outlined.
V
Sympathetic
to
the
setting
of
the
list
of
building
and
the
footprint
of
the
two
dwellings
is
identical
to
the
previous
outline
approvals
on
the
site
and
I'd
just
like
to
thank
the
officers
for
diligently
processing
the
application,
and
we
obviously
welcome
the
officer's
recommendation
and
chair
shaun
muldoon.
The
applicant
and
myself
are
happy
to
answer
any
questions.
Thank
you.
B
Thank
you
very
much
tom
on
the
solidity.
The
applicant
sean
muldoon
is
available
for
questions
as
well.
Counselor
lottery,
youth
indicators
coming.
H
Thank
you
chair.
I
suppose
there's
been
a
bit
of
discussion
about
the
application
when
it
previously
came
to
committee.
Obviously
that
was
before
my
time,
so
I
was
unaware
of
the
details
of
this
application,
so
there
could
be
maybe
she
needed
if
you're
able
to
go
into
more
detail
or
with
regards
to
that
and
the
whole
discussion
around
that
you
mentioned,
you
know
the
economic
issue
and
a
bit
more
detail.
That
was,
I
think,
one
of
the
reasons
you
said
why
the
original
recommendation
for
refusal
was
overturned.
H
We
could
just
go
into
a
bit
more
detail
just
from
my
perspective,
because
I,
as
mentioned,
I
wasn't
on
the
committee
at
that
time,
so
just
a
bit
more
further
data
in
regards
to
the
discussions
of
that,
and
just
also
is
that
application
which
was
been
discussed
is
that
a
live
application
was
a
potential
fallback
position
of
this
application
is
rejected
to
just
a
bit
more
detail
overall
on
that
one.
Thank
you.
B
S
S
As
regards
to
the
the
previous
history,
it
had
been
discussed
at
some
length-
indeed
at
least
taken
back
four
times
through
planning
committee,
including
a
safe
inspection.
So
it
was
something
that
was
looked
at
in
quite
detail,
including
the
history's
vote
would
give
you
a
synopsis
of
it.
Basically,
in
20
and
2002
application,
the
the
dairy
lodge
was
in
a
very
derelict
state
and
it
was
run
down.
S
Indeed,
it
was
on
the
register
of
at
risk
buildings
and
in
light
of
that,
the
owner
at
that
time,
who
was
not
the
current
owner
and
as
opposed
to
help
get
that
into
use
again
and
to
restore
that
building.
S
It
was
agreed
to
historic
environment
the
vision
to
have
two
dwellings
down
the
lower
portion
of
the
site
and
a
certain
footprint,
and
to
allow
the
restoration
of
that
and
the
money
towards
that
satan
seal
would
then
allow
for
the
restoration
of
the
leicester
building
and
then
the
current
application
mr
madoon
bought
dairy
lodge
in
december
2006,
and
a
consequence
of
that.
The
work
to
the
list
of
building
had
been
done,
so
he
bought
it
at
a
price.
S
I
suppose
who's
reflect,
reflected
the
planet
commission
for
two
seats
on
the
upgrade
of
dairy
lodge
at
that
time
and
then
in
2007
a
plate
again
for
those
two
sites
and
was
went
to
historic
environment
division.
They've
come
back
straight
away,
no
objections
to
it,
even
though
all
the
works
to
the
leicester
building
had
been
done,
and
they
have
been
well
aware
of
it
and
that
was
teased
out
more
those
playing
with
regards
to
when
that
was
done,
etc.
S
So
it
was
no
dispute
that
the
works
was
done
long
before
the
2007
application
was
granted
planning
permission.
The
officers
then
had
to
go
back
to
historic
environment
division
asked
them.
Why
do
you
know
objection
in
2007
when
the
projection
on
the
2014,
when
the
enabling
argument
has
censored
gone
and
they
had
said
they're
not
too
sure
it's
not
noted
on
the
file?
It
potentially
wasn't
staking
our
parts.
S
We
do
apologize,
but
the
the
members
of
that
time
thought
that
you
know
the
previous
one
that
you
know
significant
weight
should
be
a
given
to
those
previous
planning
application
that
there's
no
real
explanation
given
to
historic
environment
division
that
they
proved
this
site
twice
over.
If
this
development
and
now
they're
making
objection
to
it
and
obviously
the
economic
issue
at
the
heart
of
it,
I've
said
that
there
is
still
an
upkeep
of
this
list
of
buildings
still
reflected,
and
that's
still
an
argument
that
the
suppose
and
said.
B
J
Thanks
sure,
I
appreciate
the
information
appreciate
the
the
information
supplied
also
by
the
supporter,
dsa.
J
J
I
don't
believe
it
was
here
at
that
stage
and
I'm
looking
at
this
in
terms
of
policy
bh11,
I'm
not
at
also
trying
to
wrap
my
head
around
some
previous
applications
that
we've
already
discussed
this
evening
on
bh
11
and
determining
what
being
given
more,
determining
we're
being
given
to
site
history
and
I'm
just
not
sure
if
it's
they're
not
directly
comparable
or
different
circumstances
around
both
applications
and
planners
have
given
one
view
on
one
on
a
different
view
on
another
one,
and
I
suppose
I'm
trying
to
wrap
my
head
around
that
in
terms
of
you
know
and
one
of
them.
J
Actually,
we
didn't
have
a
night
right
objection
from
the
relevant
department
and
this
one
we
do
and
we're
not
giving
it
as
much
weight
as
we
are
for
the
planning
history
on
the
site,
and
so
I'm
kind
of
not
sure
it
feels
a
wee
bit
to
me,
like
we're.
Being
inconsistent
in
some
ways
now
it
could
be
entirely
wrong
and
you
know
happy
to
hold
my
hands
up
if
I
am.
J
But
I
appreciate
your
explanation
around
that
schneer
as
well,
but
in
terms
of
you
know
previously,
when
this
came,
you
made
a
recommendation
to
refuse
and
you'd,
given
the
weight
and
the
council
overturned
that
in
terms
of
members
overturned
that
decision.
J
So
are
you
basing
your
recommendation
on
what
committee
have
previously
and
the
weight
based
on
what
committee
has
previously
approved
for
this
particular
site
and
that
then,
being
the
direction
of
travel
that
even
though
etv
and
we
see
the
bh
11's
been
maybe
breached
in
some
respects
in
relation
to
planning
application,
but
because
we
have
overturned
an
application
in
this
council
that
then
we
can
set
that
aside
and
so
bh
11
doesn't
really
carry
as
much
weight
as
it
should,
or
did
previously.
S
Thank
you,
chair
no
cancer
cause,
but
I
know
exactly
where
you're
coming
from.
Basically,
indeed
there's
other
obligations
we've
brought
before
you
and
it's
probably
approved
by
the
doa
and
we're
saying
that
is
not
to
be
followed.
We
are
taking
this
approach
at
once,
maybe
even
last
month,
for
example,
but
there
is
a
difference
in
this
here.
Application
basically,
was
that
you
know
it
was
a
council
of
made
the
last
decision.
It
was
a
planning
committee.
Was
you
know
when
a
decision
is
made?
It's
a
council
that
made
it.
Those
previous
ones
was
probably
different.
S
You
know
it
was
the
department
of
environment,
it
wasn't
the
council,
and
in
light
of
that,
there
was
actually
three
applications
approved
for
two
residential
dwellings,
exact
same
and
the
incident
of
consistency.
S
We
believe
now
we're
at
a
stage
where,
because
we
ourselves
made
the
last
decision,
as
in
the
council,
which
includes
me,
we
had
the
last
decision
that
an
approval,
and
but
in
light
of
that
energy
consistency,
we
brought
the
same
recommendation
that
we're
not
going
to
go
against
what
members
had
previously
thought
was
was
okay
in
light
of
the
information
before
them,
and
so
those
other
ones.
They
are
different.
They're,
like
an
applications.
S
Lot
older
they're,
made
by
the
day
away,
haven't
brought
an
application,
that's
been
made
by
the
council,
and
we
have
disagreed
with
their
condition
in
that.
In
light
of
that,
so
this
one
is
particularly
different.
I
think
it
could
be
the
first
in
relation
to
where
we're
actually
going
in
line
with
what
members
thought
was
acceptable
on
the
exact
same
site.
J
Yeah
thanks
chair
thanks
sure,
and
thanks
need
for
that,
and
I
appreciate,
where
you're
coming
from,
on
other
consistency
that
you're
applying
to
it
in
relation
to
decisions
that
has
been
made
in
the
chamber.
One
of
the
other
things
you
mentioned
was
that
there
was
an
economic
issue
at
the
heart
of
the
matter
and,
as
I
said,
the
planning
report
that
economic
considerations
were
for
a
local
authority.
It
was
being
placed
upon
that
as
well.
J
These
economic
considerations
included
financial
legacy
from
the
restoration
which
would
be
met
by
the
value
of
the
sites
and
would
also
for
any
current
repairs
and
bring
long-term
in
the
solicitable.
I
appreciate
you
know
that
as
well
in
terms
of
economic
considerations,
but
if
they're
at
the
heart
of
the
matter,
surely
any
application
that's
coming
down
the
line
and
maybe
you're
you're
leaning,
specifically
in
terms
of
the
the
the
building
and
the
works
on
the
building
the
listed
building.
J
I
think,
but
where
do
we
then
raise
the
issues
of
economics
around
this,
because
any
application
coming
in
for
a
new
build
anywhere
will
have
an
economic
impact.
In
terms
of
you
know
the
construction
industry
and
the
supply
chain
for
that
so
where
and
when
do
we
start
adding
appropriate
weight
and
consideration
to
that
one
dwelling,
two
dwelling
three,
four
five,
I
don't
know-
and
maybe
I'm
a
bit
unclear
about
that-
so
that
kind
of
just
confuses
me
slightly.
J
Whenever
we
talk
about
economic
consideration
at
the
heart
of
the
matter
and
to
be
fair,
if
I'm
honest,
we
now
have
this
application
with
us
four
times,
and
the
history
is
quite
lengthy,
going
back
as
far
as
2002
is
20
years,
nothing's
been
done,
there's
been
no
economic
advantage
on
this
at
all,
and
I'm
kind
of
just
getting
to
the
crux
of
that.
So
maybe
give
me
a
bit
of
feedback
on
that.
I'm
not
sure
maybe
damien
or
somebody
else
could
do
that
if
I'm
putting
under
pressure
it's
all
right.
J
S
The
wedding
of
material
considerations
is
entirely
up
to
members
from
what
we
at
their
place
and
for
us
we
of
the
opinion
that
significant
we
had
should
be
played
to
the
history
of
the
site,
and
it
wasn't
just
the
economic
argument.
S
There's
a
number
of
factors
not
last
one
that
looked
at
in
relation
to
the
fact
historic
environment
division
looked
at
a
site
after
neighboring
works
was
done,
unapproved,
there's,
no
change
in
circumstances
and
all
of
a
sudden,
it's
approved
again
exact
same
proposal
came
in
for
outline
and
that
have
been
looked
at
and
late
of
that
we
considered
it.
You
know
to
be
to
be
okay
on
the
previous
on
on
the
previous
outline.
S
This
is
a
full
application,
so
it
was,
he
just
missed
the
date
to
submit
the
reserve
matter,
application
for
the
full
details
in
which
we
couldn't
even
consider
the
principle
of
development.
It
would
only
be
the
matters
reserved
and
later
that
it
is.
These
are
the
full
details.
Now
the
previous
ones
were
the
outline
as
regards
to
what
wit
the
jews,
as
in
the
members
put
this
entirely.
You
know
up
to
yourselves
and
it
may
not
be
the
same
way
that
officers
has
put
in
regards
to
the
star
history
around
the
site.
S
You
could
maybe
put
it
in
other
aspects,
but
I
can't
say
you
have
to
put
in
one
or
two:
it
is
in
the
mixes
and
the
plan
and
balancing
exercise
and
light
of
that.
You
know
and
the
work
they've
done
to
list
the
building.
The
fact
that
you
know
we
had
at
that
time
took
out
some
stuff
dancing
mortgage
to
cover
the
two
sites
and
then
up
through
this
building.
That
was
all
in
the
mix.
B
H
H
I
think
it's
something
that
historically
there's
not
been
much
done
in
terms
of
provision
preservation
of
our
historical
built
heritage
and
again,
I
think,
as
evidence
may
be
in
this
report,
that
even
egd,
maybe
weren't
as
on
the
ball
in
previous
decades
as
they
are
now,
and
I
think
we
need
to
redouble
our
efforts,
particularly
in
logan,
which
over
the
decades
has
seen
a
number
of
historical
buildings
demolished,
removed
and
hinged
by
blatantly
wrong
planning
decisions.
H
Sure,
maybe
just
because
this
committee
or
other
members
of
this
council
or
doa,
made
a
particular
decision.
If
I
viewed
it
to
be
the
wrong
decision,
I
will
not
be
held
to
continue
making
wrong
decisions
from
the
information
provided
in
the
report
and
summarized
by
sheneide.
H
I'd
be
inclined
to
think
that
the
original
recommendation
to
refuse
back
in
2014
to
2014
application,
which
was
decided
in
2017,
that
that
refusal
was
appropriate
and
potentially
committing
mad,
the
wrong
decision
to
approve
and
as
noted,
that
there
is
limited
amounts
of
these
built
heritage
sites
and
listed
buildings,
and
so
on
and
logan
that
therefore
places
greater
emphasis
that
we
need
to
preserve
what
we
have
and
has
been
noted
by
officers.
He
have
said
that
this
is
potentially
or
what
is
against
policy,
although
they
they
have
suggested
their
approval.
H
So
that's
that's
my
view
on
the
chair.
I
don't
know
what
other
members
of
the
of
the
committee
view,
but
I
would
certainly
be
on
the
basis
of
that
policy
outlined
in
the
and
ph
11
of
pp6
that
are
being
client
to
refuse
this
application
due
to
the
impact
on
the
on
the
heritage
site
there
and
large.
Thank
you.
B
Thank
you,
counselor
lovely,
for
your
thoughts.
No
I'm
not
members,
I'm
just
getting
my
my
thoughts
as
well.
I
would
disagree
with
your
counselor
lottery.
That's
this
took
up
a
lot
of
time
back
in
the
day
and
it
was
a
similar.
We
had
four
meetings.
I
think
and
the
the
decision
we
came
to
was
that
this
needed
to
be
done
to
ensure
that
the
dialogue
was
was
maintained
and
I
think
tonight
as
well.
If
hcd
were
that
keen
to
object
to
that,
maybe
you
have
somebody
here
tonight
to
fight
their
corner.
B
They
actually
haven't
bothered
doing
that,
and
you
know
this
didn't
attract
a
lot
of
debate
at
the
time.
I
think
she
needs
reports
concise.
I
think
she
makes
a
compelling
case
as
the
way
we
are
going
to
go
ahead
with
the
approval
for
this.
So
you
know
I'm
after
a
report
and
that's
undecided
and
also
that
mr
stokes,
I
would
be
content
their
recommendation,
but
we
can't
hear
what
other
members
have
to
say.
J
Once
they
do
have
some
sympathy
with
him,
both
your
argument
and
with
the
argument
that
country
library
makes-
and
you
know
I
think,
given
the
information
on
the
history
on
the
site-
that
the
committee
gave
a
particular
determining
weight
previously,
and
you
know
you
tell
me
that
it
was
a
lengthy
process.
There
were
four
meetings,
no
doubt
site
meetings
and
all
that
sort
of
stuff
ongoing
there,
and
I
have
to
have
faith
in
the
process
of
the
planning
committee
at
that
time.
J
The
elected
members
are
on
it
and
you
know
I
I
won't
you
know,
sit
here
and
and
say
you
know
to
do
this,
we'll
continue
to
make
a
wrong
decision,
but
if
the
information
hasn't
changed,
they
the
weight
determining
weight
you
know
has
been
given
on
these
things
and
officers
are
bringing
us
back
a
recommendation
in
this
case,
except
you
know.
Ideally,
you
know
historical
environment
division
would
be
satisfied
with
some
some
of
this.
That
would
be
an
ideal
scenario.
J
You
know,
I'm
probably
meant
to
to
support
the
recommendation,
although
I
do
have,
I
say
some
sympathy.
I
do
have
quite
a
bit
of
sympathy
for
what
country
library
said
at
the
same
time,
because
in
some
respects
I
do
feel
like
this
maybe
has
a
different
standard
applying
to
it
than
the
previous
application,
even
one
that
we've
just
discussed
this
evening,
so
not
space
but
based
on
the
information,
I'm
probably
somewhat
content
that
we
would
give
this
for
approval.
J
I
mean
pac
you've
been
involved
previously,
you
know
when
that's
probably
the
highest
planning
you
know
bar
you
can
set
is
to
get
that
and
then
this
committee
made
a
decision
based
on
on
all
of
the
available
information
at
the
time.
So
on
that
basis,
yeah
I'll
support
it.
H
Thank
you
sure,
yeah
of
was
listen
keenly
there
to
what
yourself
and
both
country
cosby
was
saying
as
well
and
did
take
them
on
board,
and
it's
not
that
the
fact
that
I
placed
no
weight
at
all
in
terms
of
officer's
argument.
For
me,
I
I
still
view
that
the
the
overriding
argument
is
in
this
case
is
the
protection
of
that
built
heritage
and
again
the
small
amount
of
it
in
american.
H
I
think
what
is
left
we
need
to
protect,
therefore
I'll,
be
sort
of
in
line
with
my
previous
comments
in
terms
of
supporting
refusal.
Therefore,
I
would
be
willing
to
propose
that
we
refuse
this
application
based
on
the
ground
so
that
it
fails
policy
pth11
of
pps6
and
paragraph
6.1
of
the
sp
pbs,
and
on
the
basis
of
that,
the
opposition
by
the
dsc
utd
department,
so
I'd
willing
to
propose
that
we
refuse
on
the
on
those
grounds,
chair.
F
B
Yeah,
thank
you
very
much.
Alderman
bauer.
Look
I'm
going
to
second
alderman
board's
proposal
that
we
accept
the
recommendation
so
you're
looking
to
vote
casually
that's
entitled,
and
we
will
do
that
right
now.
So,
okay,
I
know
what
we've
had
this
debate
before
and
we've
got
the
vote,
no
matter
what
we're
going
to
spend
10
minutes
going
around
us
we'll
do
the
vote
and
we'll
get
it
over
and
on.
H
K
G
Yes,
I'm
yes
and
vote
yes
with
sorry
with
I'm,
I'm
a
bit
confused
here.
K
B
So
that
decision
has
been
made
on
the
recommendation
is
approved.
Okay
members,
we
will
move
on
to.
B
We're
on
to
decision
six:
this
is
application,
la-08,
2022,
0834,
f,
that's
an
approval
and
russian
is
going
to
take
us
through
the
report.
Adam
larkin,
from
gravis
planning
lambda,
that
is,
the
medical
representation,
supported
application.
That's
going
to
be
very
zoom
and
also
an
attendance
fails
even
having
speaking
rights
or
kyle
somerville
from
employee
consulting
limited
glenda
hall
education
authority,
colin
bingham,
the
education
authority
so
routine
over.
You.
O
O
Okay,
thank
you.
Both
applications
have
been
presented
to
committee
tonight
as
they
attract
an
objection
from
the
statutory
council
and
are
being
recommended
for
approval.
The
first
application
seeks
full
plan
of
permission
for
the
retention
of
two
single-story
pre-fabricated
modular
education
units
on
the
erection
of
a
2.4
meter.
High
perimeter,
fencing
associated
site
works,
the
modular
units
are
both
identical
and
each
provide
three
classrooms
and
ancillary
accommodation.
O
O
The
application
site
is
located
on
a
shield
sports
pitch
located
within
the
grounds
of
listen
valley,
special
school
and
within
the
settlement
limit
of
arma,
as
defined
in
the
armor
area
plan.
The
site
is
located
outside
the
central
area
of
arma
and
is
on
an
area.
Zoned
open
space
falls.
The
u.s
has
won
the
pps8
states
that
development
will
not
be
permitted.
That
would
result
in
the
loss
of
his
existing
open
space
on
land
zoned,
the
provision
of
open
space.
O
Bespoke
facilities
are
required
for
the
pupils
which
can
only
be
provided
at
the
school,
and
failure
to
provide
additional
space
at
the
school
would
result
in
the
education
authority
being
unable
to
meet
its
legislative
and
statutory
placement
duty
for
children
who
have
statements
of
special
educational
need
in
the
listen
alley.
Catchment
area
officers
consider
hardship
as
being
caused
by
not
having
sufficient
classroom
provision
and
by
having
to
transport
some
pupils
away
from
the
site
to
schools
who
have
not
got
the
required
facilities
and
that
educational
time
is
lost
during
transport
to
and
from
these
facilities.
O
On
the
basis
of
the
information
set
out
officer
of
the
opinion
that
it
has
been
clearly
demonstrated,
the
proposed
redevelopment
will
bring
substantial
community
benefits
that
decisively
outweigh
the
loss
of
open
space,
and
therefore
officers
are
of
the
opinion
that,
on
balance,
the
proposed
development
plays
with
policy
os1
and
pps8,
and
the
pros
development
is
acceptable.
In
principle,
the
application
involves
the
use
of
an
existing
vehicular
and
pedestrian
access
on
to
listen.
Ali
lean,
dfi
roads
were
consulted
regarding
the
application
and
responded
with
no
objections
to
the
accessory
instruments.
O
No
parking
provision
is
included
as
part
of
this
application.
However,
a
separate
planning
application
has
been
submitted
to
provide
the
necessary
car
parking
provision,
and
the
application
has
also
been
presented
tonight
for
the
recommendation
to
approve
subject
to
include
inclusion
of
a
condition
requiring
the
provision
of
the
car
park.
Officers
has
read
no
objection.
Relation
to
parking,
dfi
rivers,
reservoir
inundation
maps
indicate
that
this
site
is
in
a
potential
area
of
inundation
m
indiana
from
larvae's
lock,
which
is
located
approximately
five
kilometers
from
the
site.
O
The
spps,
together
with
fld5
and
pps15,
provide
that
new
development
will
only
be
permitted
within
the
potential
flood
inundation
area
of
a
controlled
reservoir.
If
the
applicant
can
demonstrate
the
condition,
management,
management
and
maintenance
regime
of
the
reservoir
is
appropriate
to
provide
sufficient
assurance
regarding
reservoir
safety
and
the
development
developer
provides
flood
risk
assessment,
which
includes,
amongst
other
considerations
and
assessment
of
the
downstream
flood
risk.
O
The
overall
hazard
rating
at
this
site
is
considered
high
by
dfi
rivers,
and
there
is
considered
to
be
an
unacceptable
combination
of
depth
and
velocity
for
this
particular
development
proposal
policy.
Fld
five
of
pps
15
states
that
will
be
a
presumption
against
any
development
located
in
an
area
where
it
is
indicated
that
there
is
the
potential
for
an
unacceptable
combination
of
depth
and
velocity
as
such,
the
proposals
counted
fld5.
In
this
regard,
however,
officers
are
of
the
opinion
that
there
are
sound
and
just
available
reasons
in
this
case
for
departing
from
policy
and
specifically
fld5.
O
A
flood
evacuation
and
management
plan
has
been
provided
by
the
applicant.
The
plan
identifies
that
a
flood
warden
would
be
established.
Who
would
be
responsible
for
communication
in
the
event
of
a
flood
event?
Evacuation
rates
have
been
identified.
The
evacuation
time
is
considered
to
be
less
than
seven
minutes.
The
management
plan
identifies
that.
If
larry's
lock
was
to
fail,
it
would
take
30
minutes
for
the
first
flood
waters
to
reach
the
site
and
the
duration
from
onset
of
the
reservoir.
O
As
noted,
the
deanery,
which
is
a
historic
park,
gardener
to
be
in
lays
to
the
east
and
the
site
is
located
within
the
sphere
of
influence
of
this
historic
site.
Following
consultation
with
historic
environment
division
officers
are
satisfied.
The
proposal
meets
the
policy
requirements
of
pps6
and,
on
balance,
officers
consider
the
benefits
that
would
arise
outweigh
the
conflict
with
planning
policy
and
for
this
reason
and
subject
to
the
conditions
it
has
recommended,
the
planning
permission
be
granted
second
application
at
listen
alley.
O
Special
school
proposes
the
construction
of
a
new
car
park
with
turning
circle
to
serve
the
school,
including
the
two
new
classrooms,
which
are
the
subject
of
the
application
which
has
just
been
presented.
The
proposed
car
park
would
provide
121
car
parking
spaces,
of
which
three
would
be
disabled
spaces.
A
bus
lay-by
would
also
be
created
on
new
footpaths
linking
the
car
park
and
bus
lay-by
to
the
existing
school
building.
A
one-way
system
would
also
be
created
around
a
new
turning
circle.
O
As
with
the
previous
application,
os1
states
that
development
that
would
result
in
the
loss
of
existing
open
space
or
land
zone
for
the
provision
in
space
will
not
be
permitted.
However,
similar
to
the
application
for
the
modular
units
just
presented,
officers
consider
the
proposal
to
fall
within
one
of
the
exceptions
listed
in
os1,
namely
that
the
proposed
redevelopment
will
break
substantial
community
benefits,
and
these
benefits
have
been
set
out
in
detail
in
the
report
to
clarify
the
same
reasons
have
been
sped
up
by
the
application
by
the
applicant
to
justify
the
development
being
considered.
O
Aussie
amp
9
of
pps3
states
that
there
is
an
expectation
for
high
standard
of
design,
lead
and
landscaping
to
accompany
all
proposals
for
car
parking
and
plan
admission
will
only
be
granted
where
a
number
of
criteria
are
met.
These
are
assessed
in
detail
in
the
report,
and
officers
are
consent.
The
car
parking
respects
the
character
of
the
landscape
and
will
not
adversely
affect
impact
visual
immunity.
New
footpaths
will
include
the
park
to
the
east
and
west,
and
these
will
link
the
site
to
the
mainstream
building.
O
Dfi
roads
was
consulted
regarding
the
planning
application
and
responded
with
no
objections
to
the
access
arrangements,
and
they
have
noted
that
the
required
visibility
displays
are
in
situ.
The
121
spaces
being
proposed
is
to
provide
car
parking
provision
for
the
school
as
a
whole,
including
the
new
classroom
units
that
are
currently
being
considered
by
council.
O
The
existing
school
is
currently
served
by
an
under
provision
of
formal
car
parking,
and
for
that
reason
the
school
is
currently
having
to
use
other
areas
within
the
school
for
temporary
parking
purposes.
The
proposal
to
provide
the
parking
spaces
under
this
application
is
considered
to
meet
the
relevant
parking
standards.
O
A
one-way
system
will
operate
the
car
park
in
the
bus
drop-off
point
dfi
roads
have
asked
that
the
proposed
parking
be
provided
before
occupation
of
the
modular
units.
However,
officers
are
satisfied.
There
is
an
existing
arrangement
in
place
by
way
of
an
overspell
car
park
which
can
continue
to
operate
while
the
new
carpet
is
under
construction.
This
will
help
to
avoid
over
spill
parking
occurring
outside
the
cartridge
of
the
school.
O
As
with
the
linked
application
for
mobile
classrooms,
dfi
rivers,
reservoir
inundation
maps
indicate
the
site
is
in
a
potential
area
of
inundation
emanating
from
larvae's
lock.
In
this
case
again,
it
has
not
been
demonstrated
that
the
condition
management
maintenance
regime
of
the
lock
is
appropriate
to
provide
sufficient
assurance
regarding
reservoir
safety.
O
The
overall
hazard
rating
is
considered
high
and
is
considered
to
be
an
unacceptable
combination
of
depth
and
velocity
for
this
particular
development
proposal.
However,
as
previously
set
out,
officers
are
of
the
opinion
that
there
are
signed
and
justifiable
reasons
in
this
case
for
departing
from
policy
and
specifically
fld5.
O
O
Whoever
raised
no
concerns
over
the
impact
of
the
proposal
on
build
heritage
interests
were
satisfied
with
the
policy
requirements
of
ppsx
has
been
met.
Proposals
not
considered
to
unduly
affect
the
mind
of
adjacent
lands
and
environmental
health
did
note
that
a
residential
development
at
listen
alley.
Villas
is
located
in
the
northwest
of
the
site
and
they
seek
the
inclusion
of
an
informative
in
relation
to
lighting
in
the
car
park.
O
And
the
red
arrow
obviously
shows
you
the
location
of
the
site,
location
of
the
site
within
the
general
area.
That's
just
off!
Listen
ali
lean,
that's
an
aerial
view
of
the
site,
as
previously
mentioned,
and
there
is
no
development
on
the
site
and
that
the
modular
units
are
in
situ.
So
this
is
the
view
of
the
site
pre-development
and
that's
just
the
site
location
plan
submitted
with
the
application.
O
O
O
As
mentioned,
there
are
three
modular
units
on
site
and
one
of
which
is
the
subject
of
a
separate
planning
application,
and
this
is
a
photo
of
the
front
elevation
of
the
classroom
unit
and
a
photograph
of
the
side
and
rear
elevation
of
the
classroom
unit
and
a
photograph
of
the
rear
elevation
of
the
classroom
units
and
that's
just
looking
at
the
playground
area
in
the
other
school
buildings.
And
this
is
the
second
application
for
the
car
park,
and
this
just
gives
you
an
idea
of
where
it
is
within
the
context
of
the
first
application.
O
It's
just
on
the
adjacent
land
and
that's
our
site,
location
plan
that
has
been
submitted
with
the
application
and
that's
the
layout
plan
of
the
proposed
parkin
and
again.
This
is
the
shield
pitch
that
currently
is
serving
as
an
overflow
car
park,
and
this
is
where
the
location
of
the
proposed
parking
will
be
again.
A
photograph
of
the
shield
pitch
and
the
classroom
units
and
another
photograph.
Just
of
the
pitch
you
can
see.
B
Thank
you
very
much
for
that
remember,
routine
members
are
also
in
panic.
Seven.
Then
the
report
had
been
circulated
earlier.
I'm
now
going
to
welcome
adam
larkin
from
gravis
planning
he's
going
to
make
a
representation
in
support
of
his
application.
So
adam
you're
very
welcome
to
our
planning
committee
this
evening.
You'll
have
three
minutes
on
the
clock.
You
can
see
in
front
of
you
and
that'll
start
once
you
start
speaking
and
after
three
minutes
here
will
be
muted.
So
once
you
start
speaking,
the
clock
starts.
W
Thank
you,
chair
and
committee
members
for
the
opportunity
to
speak
in
respect
of
these
applications
on
behalf
of
the
applicant,
the
educational
authority,
as
has
been
set
out
in
the
detailed
assessment
undertaken
by
your
planning
officials.
There
is
an
urgent,
acute
and
site-specific
need
to
provide
additional
special
educational
needs,
classroom,
accommodation
and
parking
at
the
lizonelli
campus
to
serve
the
abc
council
area.
W
Pupil
numbers
are
rising
and
the
continued
use
of
repurposed
facilities,
such
as
therapy
spaces
staff
rooms
and
assembly
halls
to
provide
additional
classroom
space
and
not
a
sustainable
solution
that
can
be
continued
in
the
long
term.
Given
the
bespoke
educational
needs
of
these
students,
off-site
locations
have
also
been
used.
However,
in
addition
to
the
design
of
these
facilities
being
inappropriate,
teaching
time
has
also
been
reduced
as
a
result
of
transporting
children
to
and
from
lisnelli
to
the
off-site
classroom.
Accommodation.
W
W
W
B
J
Thank
you,
chair
and
thanks
sinead,
and
to
the
supporters
of
the
application,
the
information
to
say
then,
just
in
relation
to
the
flooring
point
and-
and
I'm
trying
to
get
my
head
around
this
on
page
10
of
your
report
in
appendix
sorry,
roshan,
the
bigger
part
it
says
in
the
second
paragraph
members-
are
advised
that
dfi
rivers
note
that
it
has
not
been
demonstrated
at
the
dfi
rivers
that
the
condition
management
and
maintenance
regime
of
larry's
lock
is
appropriate
to
provide
sufficient
assurance
regarding
reservoir
safety
so
as
to
enable
the
development
to
proceed
as
required
under
policy
fld5.
J
The
overall
hazard
rating
at
this
site
has
been
considered
high.
Can
you
explain
that
to
me
a
wee
time
more,
because
why
would
it
be
the
education
authority's
responsibility
to
provide
assurances
around
something
like
that
is
the
falls
in
the
responsibility
of
another
government
department
and
if
they
can't
provide
that
safety
and
assurance?
Why
not?
I'm
not
really
that
sure
about
that
in
terms
of
the
brief,
surely
it's
actually
their
fault
that
the
application
doesn't
fit
within
fld5
on
the
basis
that
they
can
provide
assurances
over
something?
That's
what
you
said.
J
Five
kilometers
away
on
the
site,
I
mean
it
seems
absolutely
ludicrous
to
me,
I'm
not
expressing
in
a
view
in
one
way,
shape
or
form
here,
but
that
a
government
department
would
would
say
that
and
then
have
to
form
the
basis
of
quite
a
substantial
objection
to
you
know
the
site,
I'm
I'm
unclear,
I'm
unclear
and
I
don't
know
if
you
can
clear
that
up
for
me.
O
Thank
you
chair
and
yes,
councillor
calls
me
understand
completely
where
you're
coming
from.
In
effect,
what
it's
saying
is
that
we're
asking
a
third
party
that
owns
something
else,
to
prove
that
it's
safe
effectively,
that
there
is
an
insurance
statement
with
it,
but
that's
what
the
planning
policy
says.
O
That's
what
fld5
says
that
you
know
there
should
be
an
assurance
that
the
reservoir
basically
has
been
maintained
and
that's
something
that
will
be
taken
forward
later
today
through
the
reservoirs
act
and
that
all
reservoirs
are
all
impounding
structures
over
a
certain
size
will
be
required
to
have
this
assurance
statement.
But
at
the
moment
they
don't
so
in
this
case
they
weren't
dfi
rivers
were
not
able
to
get
that
assurance,
so
we
obviously
have
to
look
at
right.
Okay!
O
Well,
then,
you
know:
what's
the
risk
here
and
they're
saying
yes,
the
depth
and
velocity
of
water
here
is
concerned
that
you
know
it's
effectively
dangerous
so
to
counter
that
the
agent
and
the
applicant
have
provided
the
you
know.
The
employed
employee
consultant
today
flood
evacuation
management
plan
and
all
of
you
have
gone
through
that
with
you.
You
know
they've
looked
at
how
long
it
will
take
the
first
flood
waters
to
reach
this
site
and
which
is
in
the
region
of
half
an
hour.
O
O
It
would
be
ours
before
the
remainder
of
the
flood
water
reaches
the
site
and
in
balancing
that
all
up
that
in
you
know,
in
conjunction
with
the
fact
that
this
site
is
being
used
by
these
children
at
the
moment,
and
this
is
ancillary
development,
but
we
obviously
have
to
consider
that
as
part
of
the
policy,
so
in
the
balance
and
exercise,
that's
why
we
have
come
to
the
conclusion
that
while
it
is
country
day
fld5,
there
are
justifiable
reasons
for
you
know
for
selling
that
policy.
J
Thanks
sure,
I
appreciate
that,
and
I
understand
kind
of
what
you're
saying
around
that
I
just
find
it.
You
know
a
bit
strange
strange
that
the
government
department
that
are
supposed
to
be
responsible
for
these
things
can't
stand
over
the
assurances
on
them
and
then
yeah,
but
I
never
that's
almost
a
mission
that
they
don't
have
the
appropriate
assurances
and
those
things
should
something
happen
in
the
event
of
something
up
and
that
just
strikes
me
as
being
totally
irresponsible
on
their
part.
J
Obviously,
in
relation
to
that,
the
assurances
given
in
terms
of
the
the
flood
management
plan
are
helpful.
I
suppose
my
question
is
in
relation
to
the
application-
it's
obviously
coming
in
retrospect
and
that's
not
something
I
personally
like
to
say
common
to
committing,
but
at
the
same
time
we'll
deal
with
it
as
it
is
before
us.
J
But
in
relation
to
that
the
other
previous
history
on
the
site
you
seen
sort
of
in
use,
one
would
assume
that
it
was
acceptable
one
stage
or
the
other
to
build
the
school
there
in
some
way,
shape
or
form
and
were
the
same
arguments
made
at
that
stage
by
efi
rivers
and
others.
Or
do
we
have
the
detail
of
of
the
original
applications
on
the
site.
O
And,
to
be
honest
with
you,
I
don't
know
when
the
school
was
originally
approved.
It's
obviously
been
there.
A
considerable
number
of
years
adam
might
be
able
to
advise
further
on
that.
I'm
not
100
sure,
but
we've
had
pps
15
since
19
degree
was
99.
Was
it
no
sorry,
it
was
revised
in
2015.
So
fld5
has
been
a
policy
since
2015,
but
certainly
the
school
would
have
predated
that.
B
Thanks
very
much,
could
I
just
ask
a
question:
let's
see
kale
here,
I
think
kayla
is
a
flood
consultant
for
the
applicant
kayla.
Just
like
your
thoughts
on
what
what
the
fa
have
said
and
who
you've
worked
with,
you
need
and
part
rushing
in
relation
to
the
report
and
what
what's
your
assessment
of
the
likelihood
of
london
has
said,
k.
X
X
Anecdotally,
as
was
given
the
number
of
reservoirs
across
gb
northern
ireland
and
the
hurricane
ireland,
and
given
the
various
states
of
legislative
control
that
have
existed
and
exist,
you
know
there's
one
prior
to
the
saturn
derbyshire
two
years
ago.
I
think
it
was
you
know,
there's
virtually
very,
very
few
reservoir
failures
so
anecdotally.
X
Typically,
the
risk
of
failure
is
low
in
terms
of
the
the
mapping
developed
by
rivers,
which
is
only
a
few
years
old,
really
that
represents
a
catastrophic
release
of
flood
water,
basically
a
full
loss
of
the
impounding
dam.
Now,
in
practical
terms,
people
would
say
that
that
really,
you
know
the
only
thing
that
could
really
cause
there
would
be
a
seismic
event
or
basically
an
act
of
terrorism.
So
the
likelihood
of
that
occurring
is
extremely
low.
X
The
likelihood
of
some
form
of
sort
of
creeper
failure,
a
is
probably
more
likely,
I'm
more
likely
in
terms
of
what
you
might
have
seen
in
terms
of
a
couple
years
ago
on
that
increases
with
the
lack
of
maintenance,
which
is
why
rivers
have
expressed
the
concerns
they
have,
because
basically
they
have
either
insufficient
or
no
information
on
how
the
reservoir
is
being
managed.
X
X
So
I
mean
I
think,
on
balance.
Certainly
we
would
be
supportive
of
the
council
decisions.
B
Yeah
thanks
thanks
very
much
for
that.
Okay,
I'm
going
to
bring
an
alderman
twable
next.
G
Well,
I'll
just
go
ahead,
I'm
always
lagging
behind
anyway,
but
really
just
to
say.
Mr
chairman,
I
I
welcome
this.
G
This
nully
has
a
very
good
reputation
and
does
excellent
work
and
I
know,
is
operating
to
capacity
at
the
minute,
and
there
are,
I
know,
a
number
of
children
who
want
to
be
in
so
I
can
understand
the
need
to
expand
and
use
these
new
facilities
or
develop
the
new
new
facilities,
and
I
was
just
wondering,
though,
that
this
build
is
going
to
be
on
a
shield
pitch
and
already
mentioned
has
been
made
of
potential
flooding
and
so
on,
and
I
just
want
to
ask
those
that
are
behind
this
possible
development.
G
B
W
Thank
you
chair,
I
mean.
Obviously,
the
the
requirements
for
the
pupils
is
is
one
side
is
obviously
the
classroom
space,
but
they
also
need
to
be
located
in
close
proximity
to
the
existing
facilities
within
the
existing
school.
You
know
the
the
the
therapy
rooms,
the
the
indoor
halls
and
so
on
and
so
forth,
so
it's
vitally
important
that
the
classrooms
are
located
directly
adjacent
and
this
particular
part
of
the
school.
These
grounds
are
large
enough
to
accommodate
the
school
buildings,
as
we
previously
set
out.
W
The
other
two
schools
in
the
council
area
in
lurgan
and
bambridge
are
full
there's
no
space
to
do
that
to
cater
for
the
increased
demand.
So,
as
as
far
as
a
location
is
concerned,
off-site
locations
were
were
trialled
as
and,
as
we
mentioned
earlier,
there
were
issues
to
do
with
one
inadequacy
of
the
of
the
the
types
of
facilities,
the
classrooms,
the
size
of
the
toilets
and
those
sorts
of
things,
as
well
as
the
time
loss
through
transportation.
So,
in
terms
of
the
location
of
this,
is
it
in
the
right
position?
W
Y
Yes,
thanks
cheering
all
the
members
am
I
echo
adam's
sponsor,
but
I
will
also
answer
the
question
regarding
the
security
we.
We
have
fully
looked
at
the
security
of
the
site
and
enhanced
the
security
and
by
perimeter,
fancy
and
my
expansion
right
around
the
site,
but
as
well
as
adam
has
said,
it's
its
school
is
safe
and
sign
on
us
within
walking
distance
to
the
main
building.
So
it
will
not
be
an
issue
and
turned
around
security
on
the
health
and
safety
well
for
children.
P
P
You've
got
molinari
liam
new
rhodes,
an
awful
lot
of
a
lot
of
new
housing
and
with
this
affected
them,
and
even
in
the
irma
leisure
village,
which
is
just
down
the
road
really
if
this
lack
is
not
much
of
a
danger
from
that
was
that
mentioned
in
any
reports
paul
in
the
past,
because
I've
never
even
heard
of
the
place.
B
B
L
B
It's
it's
a
good,
but
I'd
say
to
our
ma:
it's
a
good
that
I'd
say
and
it
does
raise
questions
and
suppose,
if
there's
development
around
there
and
things
like
that,
so
maybe
I
can
trade
sometime
where
it
is
just
for
our
own
information,
robert,
I'm
not
seeing
any
more
questions.
We've
had
a
few
questions
here,
so
we'll
move
into
the
debate
stage,
farming
for
myself.
I
think
that
the
partner
thing
was
that
there
is
there's
children
already
on
the
safe
they're.
B
Given
an
evacuation
plan
there
and,
unlike
there's
unlikely
to
be
any
catastrophic
event
that
would
cause
the
whole
school
to
flood
in
that
time,
and
I
don't
think
that
the
education
authority
and
other
consultants
would
have
brought
forward
an
application
if
they
thought
for
a
minute.
That
was
going
to
be
true.
So
I
think
the
report
highlights
all
the
concerns
that
we
would
have,
and
I
think
you
know
it's
a
good
report.
We've
got
the
questions
asked
and
that
the
answers
were
required,
so
I'm
more
or
less
content
with
it.
H
Thank
you,
cherry
I'd.
Concur
have
talked
in
detail
about
the
potential
flooding
issue,
though
I
think
you
know
the
plans
in
place
in
various
conditions,
sort
of
alleviated
that,
to
a
large
extent,
that
sort
of
really
underlines
the
need
for,
as
russian
said,
that
reservoirs
act
so
that
these
things
are
clarified
once
and
for
all,
not
just
for
wherever
this
luck
is
but
various
other
ones,
because
I
remember
there
was
an
application
at
rural
rma.
H
This
was
kind
of
an
issue
as
well,
but
that
was
also
sorted
out
just
in
terms
of
the
application
and
general
chair.
As
was
noted,
there's
people
spend
this
kind
story
and
they'd
further
fade
crown
out
for
additional
sen
classroom
progression.
There's
mentioned
made
of
sierra
and
largan,
and
I
think
it's
donard
and
van
bridge
here
both
at
full
capacity,
perhaps
beyond
it.
H
So
as
as
mentioned
by
the,
I
think,
the
gentleman
there
that
this
was
maybe
the
only
site
that
could
accommodate
it,
given
the
certain
requirements
in
terms
of
space
to
the
existing
provision
that
I
think
we
sort
of
have
to
provide
a
recommendation
from
this,
and
that
is
a
good
application.
Again
sure
I
would,
I
think
I
would
certainly
very
much
agree
with
the
recommendation
to
approve
in
this
case.
U
Againcher
yeah,
I
I
I
would
agree
with
the
officer's
recommendation
as
well
like
the
similar
application
that
came
with
us
and
it
came
forward
to
this
evening
and
it
complies
with
the
local
development
plan
and
with
the
exception
of
the
policy
fld
5
of
the
pps15.
U
But
officers
are
satisfied
on
the
side
on
just
available
grounds.
So
you
know
members,
you
know
on
those
side
of
just
available
grounds.
You
know
members
will
have
to
be
as
their
decisions
on
that.
The
name
certainly
satisfied
you
know.
Without
you
know,
the
school
is
boston
at
the
seams.
U
I
am,
and
you
know,
with
the
two
additional
modular
buildings
you
know
that
will
provide
places
for
children
with
a
statement
of
special
education,
whether
it's
general
hardship,
whether
it's
insufficient
classroom
provisions.
So
on
that
basis
of
signed
and
just
available
grounds-
and
I
would
be
happy
to
accept
the
officer's
recommendation.
J
Thanks
sure
and
again
just
in.
K
J
Cmv-
and
I
think
you
know,
as
a
society-
we've
got
to
provide
a
good
standard
of
facility
for
educating
our
children
and
young
people
and
particularly
the
correct
on
appropriate
facilities
and
to
meet
the
needs
of
those.
You
know
who
maybe
have
a
statement
of
special
educational
needs,
and
the
fact
is,
the
objective
of
of
the
application
is
before
us
and
the
what
I
would
call
extenuating
circumstances
that
do.
I
guess
push
me
to
put
more
weight
on
that
as
opposed
to
and
give
less
regard
in
some
respects.
J
The
f
of
the
five
I
need
to
beat
that
test,
but
is
the
fact
that
this
application
puts
right
the
accommodation
for
the
education
of
some
of
our
most
vulnerable
young
people
in
the
borough,
and
we
have
heard
articulated
in
the
report
from
the
educationalists
from
the
planners
from
from
others
that
you
know
the
site
currently
is
not
a
fit
for
purpose
and
that
it's
busting
at
the
same,
there
are
losses
of
teaching
time
due
to
transport
issues
and
all
manner
of
things
and
having
had
the
privilege
of
engagement
with
the
school
on
numerous
occasions
during
my
time
as
lord
murr.
J
In
particular,
when
some
of
the
pupils
come
over
to
decorate
the
christmas
tree
in
the
palace
and
they
are
in
the
parlor,
I'm
sure
every
lord
merged
on
to
see
him-
I
mean
the
attention
and
care
that
they
get
from
the
school
is
second
to
none,
and
I
think
you
know,
but
that
goes
so
far
and
has
its
limits
whenever
you're
curtailed
by
the
site
and
the
facility
that
you
have
as
well.
So
hopefully,
this
facility
will
enhance
the
educational
outcomes
for
for
the
young
people
that
attend
that
school.
J
That
school
and
I
hope
the
work
can
be
completed
as
quickly
as
possible.
B
B
G
B
You
very
much
so
obligation.
Six
has
been
proposed
by
kaiser
lowry
sat
seconded
by
alderman
tuebel.
We
all
agreed
okay
membership,
I'm
going
to
see
a
proposer
for
appendix
number.
Seven,
that's
our
causeway,
soundbreaker
duffy
so
apparently
has
been
proposed
by
christopher
cosby
and
staggered
by
catcher
duffley.
Are
they
all
agreed
great?
Thank
you,
members
and
folks
say
autumn
cow
glendon.
Thank
you
very
much
for
your
time
enjoy
the
rest
of
your
evening.
Folks,
okay,
mavericks
we're
going
to
move
on
to
appendix
it.
That's
la-08,
2022-0465.
O
O
O
cty.
One
of
pps21
identifies
a
range
of
type
of
development,
which
is,
in
principle,
considered
to
be
acceptable
in
the
countryside.
Ctoa
one
goes
on
to
state.
There
are
ranged
types
of
non-residential
development
that
may
be
acceptable
in
principle
in
the
countryside
and
officers.
Consider
the
proposed
development
falls
within
the
type
of
non-residential
development,
which
is
acceptable
in
principle
in
the
countryside.
O
This
assessment
does
not
consider
any
flags
or
advertisements
that
may
be
affects
to
the
flagpoles
in
the
future.
These
will
be
subject
to
the
planning
control
of
advertisements
regulations,
northern
ireland
2015.
in
terms
of
integration.
Although
the
bose
development
consists
of
eight
meter
high
flag,
pools
officers,
consider
that
the
existing
backdrop
of
mature
vegetation
and
trees
to
the
north
of
the
existing
verge
would
provide
a
suitable
backdrop
and
an
appropriate
level
of
screening
and
would
result
in
the
appearance
of
the
flagpoles
not
being
prominent
in
the
landscape
officers.
O
The
proposal
will
be
viewed
in
the
context
of
the
existing
junction,
which
is
a
number
of
similar
structures
in
the
form
of
lampposts
officers.
Consider
that
the
installation
of
the
two
flagpoles
will
not
detract
individually
or
cumulatively,
with
other
existing
silver
structures
and
therefore
considered
to
be
in
accordance
with
c2i14
pps21
officers,
in
consultation
with
dfi
roads
or
of
the
opinion
that
the
proposed
development
will
not
prejudice
road
safety
or
inconvenience
flow
traffic
and
therefore
is
compliant
with
the
spps
and
pks3
officers.
O
O
You
haven't
seen
these
before
with
the
other
applications
that
have
been
presented
over
the
last
few
months
and
that's
just
the
side
of
the
area,
and
you
can
see,
there's
obviously
an
existing
street
light
there
at
the
moment
and
just
another
view
of
the
site
whenever,
as
you
head
into
bound
bridge
and
that
ends
the
presentation.
Thank
you,
sir.
B
B
I'm
not
dragging
out
members
no
questions,
so
I
read
a
bit.
B
Thank
you
very
much
and
that
was
appendix
yet
and
that
has
been
proposed
by
councillor
wilson
seconded
by
alderman
twable,
all
great
members,
all
right,
we'll
move
on
to
number
nine
number:
nine
is
application.
Number
la
08,
2021,
slash,
1597,
lbc
and
rushing
is
going
to
take
us
through
this
one
again,
routine.
O
Thank
you
chair.
This
application
seeks
retrospective
list
of
billing
consent
to
retain
fixings
and
wall-mounted
anchor
plates
associated
with
lighting
on
12
bridge
street
to
mower,
which
is
listed
building
of
special
architectural
or
historic
interest.
The
building
is
a
three-story
end,
terrace
commercial
premises,
incorporating
the
incorporating
the
upper
floors
of
the
neighboring
building.
It's
a
great
b2
listed
building
and
it
lies
within
the
southern
limit
of
de
moore
de
moore
town
centre
and
moore
conservation
area
in
accordance
with
section
91
of
the
planning
act.
O
Officers
in
considering
this
application
have
given
special
regard
to
and
considerable
desirability
of
preserving
the
building
is
setting
in
any
features
of
special
architecture
or
historic
interests.
It
possesses
policy
behavior,
eight
of
pps
six
states
that
consent
will
normally
only
be
granted
for
an
extension
or
alteration
of
the
listed
building
where
a
number
of
criteria
are
met.
Officers
in
consultation
with
hed
are
of
the
opinion
that
the
works
proposed
will
retain
the
essential
character
of
the
listed
structure,
along
with
the
features
of
special
interest.
O
The
works
will
provide
the
provision
of
a
fixing
bracket
to
secure
lighting
approved
under
the
public
realm
improvement
scheme.
The
brackets
are
small
in
scale
and
finished
in
steel
with
zinc
plated
boats.
The
works
to
the
fabric
of
the
list
of
building
is
relatively
minimal.
Heat
of
advise
they
have
no
objection
subject
to
conditions
and
officers
are
of
the
opinion
that
the
provision
of
the
bracket
fixings
will
contribute
to
the
ongoing
preservation,
conservation
and
enhancement
of
the
historic
asset
and,
on
this
basis,
officers
are
satisfied.
O
That
is
the
plans
and
elevations
of
the
anchor
plate,
which
have
already
said
a
very
small
scale
and
that's
an
elevation
of
the
building
show
on
the
two
anchor
plates
and
you
can
just
see
the
lighting
attached
to
those
anchor
plates
and
there's
just
a
close-up
of
the
anchor
plate
and
the
light
and
attached
and
that's
just
a
view
of
the
streetscape
showing
the
lighting
and
that
ends
the
presentation.
Thank
you,
sir.
B
Thank
you
very
much
for
that.
Rushing,
remember,
you've,
heard
routines
report
of
any
questions
for
no
questions
for
moving
the
debate.
Stage
remembers
these.
Our
brackets
are
literally
six
feet
six
inches,
so
I
can't
see
as
much
of
a
problem
there.
So
that's
my
thoughts
on
it.
We'll
move
to
your
decisions
is
that
all
right,
counselor,
wilson.
R
H
Thank
you.
Cherry
I'd
be
happy
to
second
that
proposal
to
approve,
I
have
you
know,
visited
that
street
on
a
number
of
occasions,
new
bridge
bookstore
and
other
shops
tiller,
and
certainly
the
illuminations
are.
I
don't
know
if
it's
a
technical
language
we
are
quite
lovely
and
that
they
really
bring
out
that
heritage
aspect,
particularly
over
the
winter
and
those
darker
evenings,
so
again,
content
the
second,
the
proposal.
Thank
you.
B
And
they
will
look
lovely
and
they
want
to
create
as
well
like
I've
imagined.
So
that
has
been
proved
by
councillor
wilson
on
saturn
by
cancer
lowry,
roll
agreed,
okay,
members
we're
on
to
our
final
application
of
evening
appendix
10
application
la
08
2022.
S
B
Competitor
disappointment:
can
we
so
remember
that
is
this
georgia
conditions
she
needs
I'd
like
the
reasons
for
it,
I
don't
think
we
needed
to
beat
it.
I
think
I'm
gonna
go
straight
to
the
decision.
If
this
one,
if
members
are
content,
can
I
have
a
proposer,
counselor
wilson.
B
Thank
you
very
much.
Catcher
wilson
can.
I
have
a
second
exactly
folks,
okay,
so
that's
proposed
by
kaiser
wilson
seconded
by
myself.
Are
we
all
a
great
member?
Okay
members?
It's
been
a
long
one
this
evening,
thanks
very
much
for
your
time.
I've
had
a
good
debate
so
enjoy
what's
left
of
your
evening
and
online
viewers
good
evening
so
come
come.