. 18/04859/OUT Item No. 07 Location Applicant 07.pdf · 18/04859/OUT 1 Case No.18/04859/OUT Item...
Transcript of . 18/04859/OUT Item No. 07 Location Applicant 07.pdf · 18/04859/OUT 1 Case No.18/04859/OUT Item...
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18/04859/OUT 1
Case No. 18/04859/OUT Item No. 07
Location: Land Comprising Field At 424380 460176, Birstwith, North Yorkshire.
Proposal: Outline application for the erection of 5 dwellings with access
considered.
Applicant: Mr David Holmes
Access to the case file on Public Access can be found here:- view file
Reason for report: This application is presented to the Planning Committee because
Councillor Tom Watson made a request to the Chief Planning Officer, on the basis
that the widening Nidd Lane and the provision of a footpath would bring benefits to
all pedestrians and traffic that use the lane. On the basis of that request, the Chief
Planning Officer determined that the application is of a sensitive nature and therefore
it should be considered by the planning committee.
SUMMARY
The proposed development would cause significant harm to the setting of the
village and to the landscape character and visual amenity of the area. The
required improvements to Nidd Lane would further erode the visual amenity
and rural character of the area. The proposal is therefore contrary to the
requirements of the Local Plan and Core Strategy. The harm that would result
from the proposal would significantly and demonstrably outweigh the benefits
of the proposal in maintaining the District’s 5 year housing land supply,
providing an affordable dwelling house, providing a footpath along Nidd Lane
and the modest economic benefits of the proposal. There are no other material
considerations in this case that outweigh the harm the proposal would cause.
RECOMMENDATION: Refuse
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18/04859/OUT 3
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1.0 SITE DESCRIPTION
1.1 The site is currently in agricultural use and is located on the north side of Nidd
Lane, approximately 200 metres west of its junction with Clint Bank. It is
outside the development limit for Birstwith, as defined in the 2001 Harrogate
District Local Plan.
1.2 Nidd Lane is a narrow country road that terminates 200 metres to the west at
Nidd House Farm. The site is bounded by mature hedgerows to the east,
west and south, and is open to the north. A wide grass verge fronts Nidd
Lane to the south of the site. West House Farm, a grade II listed building,
lies to the northeast of the site. A number of the outbuildings associated with
the farmhouse have been converted to residential use. To the south of the
site, on the opposite side of Nidd Lane, is a residential development of
bungalows served by Nidd Rise. The boundary to the Nidderdale AONB lies
approximately 120 metres to the southwest of the site. The trees along the
eastern boundary of the site are subject to a Tree Preservation Order.
2.0 PROPOSAL
2.1 The application seeks outline planning permission for five dwelling houses
with access considered (site area 0.27ha).
3.0 APPLICANT'S SUPPORTING INFORMATION
Landscape and Visual Impact Assessment
Arboricultural Survey Report
Drainage and Highway Appraisal
Preliminary Ecological Survey
Design and Access Statement
Contamination Screening Assessment
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4.0 RELEVANT HISTORY
4.1 15/01045/OUTMAJ - Outline application for the erection of 5 dwellings with
access considered. (Site area 0.59ha) - refused 10/6/15. Dismissed on
appeal 2/12/15.
4.2 Reason for refusal: The proposed development would cause significant harm
to the setting of the village and to the landscape character and visual
amenity of the area by extending the built form of the village into open
countryside at a location where there is a distinct break between the built
form to the south of Nidd Lane and the open countryside to the north. The
required highway improvements to Nidd Lane would further erode the visual
amenity and rural character of the area. The proposal is therefore contrary to
policies SG4 and EQ2 of the Core Strategy and to saved policies HD20, C1
and C2 of the Harrogate District Local Plan.
4.3 The current site is approximately half the size of the one considered under
15/01045/OUTMAJ but fronts onto the same section of Nidd Lane.
5.0 NATIONAL & LOCAL POLICY
5.1 National Planning Policy
5.2 The National Planning Policy Framework July 2018 (NPPF) sets out the
Government’s planning policies for England and how these are expected to
be applied. Planning applications must be determined in accordance with the
development plan unless material considerations indicated otherwise. The
NPPF is a material consideration in planning decisions.
5.3 At the heart of the NPPF is a presumption in favour of sustainable
development.
Core Strategy
Policy SG1 Settlement Growth: Housing Distribution
Policy SG2 Settlement Growth: Hierarchy and limits
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Policy SG3 Settlement Growth: Conservation of the countryside, including
Green Belt
Policy SG4 Settlement Growth: Design and Impact
Policy TRA1 Accessibility
Policy EQ1 Reducing risks to the environment
Policy EQ2 The natural and built environment and green belt
Policy C1 Inclusive communities
5.4 Harrogate District Local Plan (2001, As Altered 2004)
Policy R11 Rights of Way
Policy HD20 Design of New Development and Redevelopment
Policy H5 Affordable Housing
Policy C1 Conservation of Nidderdale A.O.N.B
Policy C2 Landscape Character
5.5 Supplementary Planning Documents
Landscape Character Assessment of Harrogate District
Biodiversity Design Guide
Provision for Open Space in Connection with New Housing Development
Provision for Village Halls in Connection with New Housing Development
5.6 Other material policy considerations:
Planning Practice Guidance
Harrogate District Emerging Draft Local Plan
6.0 CONSULTATIONS
6.1 EHO Contaminated Land - No objection subject to conditions relating to
contaminated land, electric vehicle charging points and noise impact
assessment.
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6.2 Coal Planning And Local Authority Liaison - The proposed development
lies within a coal mining area, which may contain unrecorded coal mining
related hazards. If any coal mining feature is encountered during
development, this should be reported immediately to the Coal Authority on
0345 762 6848.
6.3 NYCC Highways And Transportation - New footway and carriageway
widening required along Nidd Lane.
6.4 Yorkshire Water - No objection subject to conditions to control foul and
surface water drainage.
7.0 VIEWS OF THE PARISH COUNCIL
7.1 Birstwith Parish Council neither object to or support the application but have
made the comments set out below:
Surface water is a concern and they suggest that attenuation tanks are
installed if planning permission is granted.
Entry to and from the development is too restricted. Nidd Lane is only 2.5
metres wide prior to the entry to the site and this would make access
impossible for large and medium sized vehicles. They would have to
mount the grass verges causing bad feelings with local residents on this
country lane. If development is granted the developer has assured the
parish council that he has offered to pay for a footpath on the south side
of Nidd Lane from Nidd Rise to Station Road. A suggested width of 1.4
metres would be ideal and we would like to suggest that this offer forms
part of the requirements is planning permission is granted.
8.0 OTHER REPRESENTATIONS
8.1 14 representations received. Below is a summary of the concerns raised.
Nidd Lane is a single-track lane with no footpath and does not have
sufficient capacity to accommodate a further development.
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Concerns about the impact of additional traffic on congestion and
highway and pedestrian safety in the village.
This site is not within easy walking distance to the amenities in the village
and the proposal would therefore result in additional use of the car.
Flooding/drainage issues.
Inadequate amenities and infrastructure in the village to accommodate
the proposal.
Loss of trees, hedgerows and wildlife.
Harm to the character of the village and countryside, including the
Nidderdale AONB.
Nothing has changed since the previous application so why are the
Parish council not objecting to this one as well.
Precedent for developing other fields to the north of Nidd Lane.
The loss of the grass verge to accommodate a footpath along Nidd Lane
would be another example of unwanted urban creep, which is ruining the
parish’s rural character.
9.0 ASSESSMENT
9.1 The main issues in the consideration of this application are as follows:
Housing Land Supply
Affordable Housing
Access to Services and Public Transport
Impact on Landscape Character and the Setting of the Settlement
Impact on the Listed Buildings
Impact on Existing and Proposed Residents
Highways
Ecology
Drainage and Flood Risk
Public Open Space/Village Hall Provision
Economic Benefits
Planning Balance and Conclusion
9.2 Sustainability
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9.3 Achieving sustainable development is a key purpose of the National Planning
Policy Framework (NPPF) and proposals for sustainable development
should be approved without delay. There are three strands to sustainability,
social, economic and environmental.
9.4 Policy EQ1 (Reducing Risks to the Environment) of the Core Strategy aims to
reduce the environmental impacts of development within the District, and the
consequential risks for climate change. Policy TRA1 aims to reduce the need
to travel and improve accessibility to jobs, shops, services and community
facilities.
9.5 SOCIAL SUSTAINABILITY
9.6 Housing Land Supply
9.7 The NPPF (July 2018) requires local planning authorities to identify and
update annually a supply of specific deliverable sites sufficient to provide a
minimum of five years' worth of housing against their housing requirement
with appropriate buffer.
9.8 Where an authority cannot demonstrate a 5-year supply of housing land,
policies relating to the supply of housing land are rendered out-of-date
(NPPF, Para 11d). Instead, housing applications should be assessed under
Paragraph 11 of the NPPF and the presumption in favour of sustainable
development should apply.
9.9 Following work to review the Council’s housing supply figures prior to the
Local Plan Examination in Public it is considered that the council has a 5.56
year supply. For the purpose of determining planning applications it is
therefore the Council’s position that there is a five year supply of deliverable
housing land and this means that the presumption in favour of sustainable
development in Paragraph 11 is not triggered on the basis of the land supply
position alone.
9.10 Whilst the Council can now demonstrate a 5 year supply of land for housing it
is important to take steps to maintain it. This is because the Council’s
adopted policies for the supply of housing contained within the current Local
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Plan/Core Strategy and associated development limits are out-of-date and
can be given no more than limited weight. In order to maintain the supply
position greenfield land outside the existing development limits will continue
to be needed.
9.11 Out-of-date policies also means that Paragraph 11 of the NPPF and the
presumption in favour of sustainable development is engaged (NPPF Para
11(d)). Development proposals should be approved unless policies in the
NPPF that protect assets of particular importance provide a clear reason for
refusing the development proposed or any adverse impacts of doing so
would significantly and demonstrably outweigh the benefits when assessed
against the policies in the Framework taken as a whole.
9.12 In light of the benefits that would come from the delivery of new homes in
maintaining the 5 year supply, applications will therefore need to be
determined on a case by case basis, only refusing them where the planning
harm significantly and demonstrably outweighs the benefits.
9.13 The proposed development would deliver 5 dwelling houses and thereby
make a modest contribution towards meeting the district's housing need.
This constitutes a modest social benefit.
9.14 Affordable Housing:
9.15 Only the access details are for consideration under this application and
therefore it is not possible to establish whether affordable housing is required
because the floorspace of the dwellings is not known. Schemes for five or
less dwelling are not required to provide affordable housing, unless the
overall floorspace of all the dwellings exceeds 1000 square metres. This can
be controlled by condition/legal agreement and resolved at the reserved
matters stage, should members be minded to approve the proposal.
9.16 Notwithstanding the above, the applicant has offered to provide one
affordable house on the site. This is not necessary to make the
development policy compliant at this point. Again this could be controlled by
condition should members be minded to approve the proposal. The provision
of an affordable dwelling constitutes a social benefit.
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9.17 Access to Services and Public Transport:
9.18 Birstwith is listed as a group B settlement under policy SG2 of the Core
Strategy. The policy advises that these villages will maintain their roles as
local rural centres providing the focus for new housing in the rural areas of
the District. The supporting text to the policy advises that these villages have
the best access to jobs, shops and services by non-car modes of transport.
The site is on the edge of the settlement but it is considered that future
occupiers would still have reasonable access to all the services that Birstwith
has to offer.
9.19 ENVIRONMENTAL SUSTAINABILITY
9.20 Impact on Landscape Character and the Setting of the Settlement:
9.21 The NPPF (2018) notes at paragraph 130 that permission should be refused
for development of poor design that fails to take the opportunities available
for improving the character and quality of an area and the way it functions.
Paragraph 170 advises that planning policies and decisions should
contribute to and enhance the natural and local environment by, amongst
other things, recognising the intrinsic character and beauty of the
countryside
9.22 Policies SG4 of the Core Strategy advises that new development should be
well integrated with and complementary to neighbouring buildings and the
spatial quality of the area, and be appropriate to the form and character of
the settlement and landscape character.
9.23 Policy EQ2 seeks to protect the districts exceptionally high quality natural and
built environment whilst saved policy HD20 of the Local Plan promotes high
quality design. Saved policy C2 seeks to protect existing landscape
character. Saved policy C1 states that development, which would have a
significant adverse impact on the landscape of the AONB, will not be
permitted.
9.24 The Landscape Character Assessment of Harrogate District notes: ‘there is
pressure for built development in this area for residential, tourism and small
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industry purposes. This area’s ability to accept change without harm to its
character is limited, especially where development would be visible…’
9.25 Nidd Lane forms the defined boundary of the settlement beyond which the
open countryside extends uninterrupted to the north and west. The boundary
to the Nidderdale AONB lies approximately 120 metres to the southwest of
the site.
9.26 The proposed development would be seen adjacent to the large paddock/field
to the east and attractive open countryside to the north and west. It would
not constitute 'in-filling' or 'rounding off' of the existing built up area but would
extend the built up area into the open countryside.
9.27 It is officer opinion that the proposed development would be a distinctive
break from the existing built up confines of the village and a jarring intrusion
into an open agricultural landscape. This intrusion would cause significant
harm to the setting of the village and to the landscape character and visual
amenity of the area.
9.28 The requirement to widen Nidd Lane and provide a footpath from Nidd Rise to
the junction of Nidd Lane with Clint Bank would provide benefits, in terms of
highway safety, but would also erode the rural character of the lane and this
edge of village location, which would add to the harm identified above.
9.29 In the appeal decision on the previous application the inspector considered
that the development would not be seen as ‘in-filling’ or ‘rounding off’ of the
village but would appear as a remote spur of housing extending into the
countryside, separated from the edge of the settlement and not integrated
with it. He concluded that the environmental dimension of sustainable
development would not be satisfied and that, therefore, the proposal would
not be sustainable development.
9.30 Impact on the Listed Buildings
9.31 Section 66(1) of the Planning Act introduced a requirement that, when
considering a planning application for development that affects a listed
building or its setting, Local Planning Authorities shall have special regard to
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the desirability of preserving the building or its setting or any features of
special architectural or historic interest, which it possesses. West House
Farm, to the northeast of the site, includes a grade II listed farmhouse and
barn. The proposed development is offset from the farmhouse and barn and
a paddock area would remain between the farmhouse and Nidd Lane. In this
circumstance, it is considered that the proposal would cause less than
substantial harm to the setting of the listed buildings.
9.32 Impact on Existing and Proposed Residents
9.33 Policy SG4 of the Core strategy seeks to protect residential amenity. The
application is outline at this stage, with only access for consideration. It is
considered that overlooking, overbearing or overshadowing impacts to
existing and proposed properties could be adequately controlled at the
reserved matters stage, when the site layout, landscaping, scale and
appearance would be considered.
9.34 Highways
9.35 NYCC Highways Authority had no objection to the previous proposal
(15/01045/OUTMAJ), subject to conditions to control the layout of the access
and requiring the widening of Nidd Lane and footpath provision from Nidd
Rise to the junction of Nidd Lane with Clint Bank. The proposed access
position has moved further to the east under this application but this should
not have a significant impact on the safety of the access. In these
circumstances, it is considered that the proposal would not have an
unacceptable impact on the highway network and highway safety.
9.36 Ecology
9.37 A section of hedgerow and a small tree, in the wide grass verge along the site
frontage, will need to be removed to accommodate the access and
sightlines. It is officer opinion that any loss could be adequately mitigated by
replacement planting which could be conditioned. The council’s ecologist
has no objection to the proposal subject to conditions to protect bats and
nesting birds. The arboricultural officer objects to the loss of trees within the
grass verge.
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9.38 Drainage/Flood Risk:
9.39 Yorkshire Water has no objection to the proposal subject to conditions to
control foul and surface water drainage. No comments have been received
from the council’s Land Drainage Officer but he had objection to the previous
proposal, subject to a condition to control surface water drainage. In this
circumstance, it is considered that the proposal will not have an
unacceptable impact on drainage or flood risk, subject to the proposed
condition.
9.40 Public Open Space/Village Hall Provision:
9.41 There is no requirement to contribute towards public open space or village
halls for schemes of five dwellings or fewer.
9.42 ECONOMIC SUSTAINABILITY
9.43 Economic Benefits:
9.44 The proposed development would have modest economic benefits through
investment in construction and through the spending of future occupiers in the
area.
10.0 PLANNING BALANCE & CONCLUSION
In accordance with Paragraph 11 of the NPPF the proposal is considered in
the context of the presumption in favour of sustainable development. There
are three dimensions to sustainable development: economic, social and
environmental. These roles are interdependent and need to be pursued in
mutually supportive ways.
Paragraph 11 of the NPPF advises that where policies are out of date,
planning permission should be granted unless any adverse impacts of doing
so would significantly and demonstrably outweigh the benefits of
development when assessed against the policies of the NPPF as a whole.
The proposed development would result in modest social benefits by
contributing towards the districts housing need, including one affordable
dwelling, which the applicant has offered to provide.
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The improvements to Nidd Land, particularly the provision of a footpath,
would also be of benefit to both existing and proposed residents in terms of
road safety.
Additionally the proposal would provide economic benefits both during the
construction phase and the operational phase, which should be given some
weight in the assessment of the proposal.
However, the proposal would also cause significant harm to the setting of the
village and to the landscape character and visual amenity of the area. The
required improvements to Nidd Lane would further erode the rural character
of the area. It is officer opinion that the harm that would result from the
proposal would significantly and demonstrably outweigh the benefits. It is
therefore considered that the proposal would not constitute sustainable
development.
11.0 RECOMMENDATION
11.1 That the application be REFUSED
Reason for Refusal:
The proposed development would cause significant harm to the setting of the
village and to the landscape character and visual amenity of the area by
extending the built form of the village into open countryside at a location
where there is a distinct break between the built form to the south of Nidd
Lane and the open countryside to the north. The required highway
improvements to Nidd Lane would further erode the visual amenity and rural
character of the area. This harm would significantly and demonstrably
outweigh the benefits of the proposal. The proposal is therefore contrary to
policies SG4 and EQ2 of the Core Strategy and to saved policies HD20, C1
and C2 of the Harrogate District Local Plan.
In the event of any changes being needed to the wording of the Committee's
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decision (such as to delete, vary or add conditions/informatives/planning
obligations or reasons for approval/refusal) prior to the decision being issued,
the Chief Planner has delegated authority to do so in consultation with the
Chairman of the Planning Committee, provided that the changes do not exceed
the substantive nature of the Committee's decision.
Case
Officer:
Gerard Walsh Expiry Date: 5 April 2019