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7.1 The local authority is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.
7.2 Department of Infrastructure Highway Services is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d.
7.3 The following parties own land which abuts the site and should be considered interested persons in this case:
The residents of Struan Beg, the owners of Balladoyne Farm The owners of St. John's Post Office and General Stores
7.4 The head teacher of Bunscoill Ghaelgagh is affected by the proposal in that some of her pupils use the construction access as a route to the school and as such is considered to be affected by the proposal such as to warrant being considered an interested person
7.5 The residents of 7 and 10, Balladoyne are not alongside the site and whilst the plans submitted show works to the roadway outside their property, this is not part of the development proposed in the current application nor within the application site. As such they are not considered to be interested persons in this respect. Both of the 2011 applications had sites which extended across to Balladoyne whereas the current application does not and as such the interested person status assessment is subject to different criteria.
The Planning Committee considered the application at its meeting of 23rd February, 2015 where it did not accept the recommendation of the reporting officer and approved the application, subject to conditions requiring the traffic control and safety measures which are outlined in the application as far as are practicable and legally enforceable.
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Once the access route is laid out as shown in drawing 1030/PL100, the access route may be used for vehicles involved in the development of Area 1 as shown in the St. John's Local Plan for a period of 18 months. Once 18 months has expired the access into Area 1 must be closed off with a sod hedge to match the existing and all hard surfacing associated with the servicing of Area 1 from the access to the dwelling on plot 2 of PA 11/00241/B must be removed and returned to grass.
Reason: in the interests of highway safety.
No excavated material may be transported from Area 1 on the St. John's Local Plan through the application site.
Reason: in the interests of highway safety.
C 4.
Prior to the commencement of any work on the construction of the access or its use, there must be:
i) an area available within Area 1 on the St. John's Local Plan for the parking of vehicles associated with the development of Area 1;
ii) dedicated parking spaces clearly marked and available for use alongside the post office/general store for use by patrons of the shop and those living and visiting the area;
iii) protective fencing erected, as shown in drawing 1030/PL102 received on 11th December 2014 for the benefit and safety of pedestrians crossing the site.
Reason: in the interests of highway safety.
C 5.
Construction traffic associated with the development of Area 1 in the St. John's Local Plan may not use the access hereby approved between 0800-0900hrs, 1200-1300hrs and 1530-1630hrs during times when St. John's Primary School and Bunnscoll Ghaelgagh are operational.
Reason: in the interests of highway safety.
C 6.
A banksman must be on site to manage traffic and pedestrians crossing the site at all times that the construction site is operational.
Reason: in the interests of highway safety.
C 7.
All existing trees and hedges within the application site, with the exception of those shown to be removed on Drawing No 1030/PL100 compared with the existing survey drawing 01B, must be retained and afforded adequate protection during the development of the site, in accordance with a tree protection scheme that has been submitted to and approved in writing by the Planning Authority prior to the commencement of works on site.
Reason: to accord with previous decisions on this site and to enable the development to sit comfortably in its environment.
Plans on which recommendations have been based and upon which any approval should rely.
This decision relates to drawings 01B received on 11th December, 2014, and 1030/PL101A and 1030/PL102A both received on 29th December, 2014 and 1030/PL100 received on 5th February, 2015.
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