Officer Memo on Resubmission

Department Of Local Government And The Environment ### Memorandum To: Planning Committee From: Mrs Fiona Mullen, Planning Officer Ref: PA 06/01473 – Excavation of part field for the excavation of sand, with access to site via a duct under Ballagyr Lane, installation of new entrance gate, and provision of a perimeter tree planting scheme, Filed 314302 (Part of) Lhergydhoo Ballagyr Lane, German. JCK Ltd. Date: 6th September 2006. Planning application Ref: 05/00643 – Excavate building sand from part field 314302 with access via concrete duct under Ballagyr Lane through existing Lhergydhoo sandpit to main A4 road, Part of Field 314302, Lhergydhoo, Ballagyr Lane, was refused permission at Review on 16th December 2005. (Decision notice enclosed as Appendix 1). The above planning application has recently been submitted and is currently at public consultation stage. Representation has been made to the Department regarding Article 4 (4) of The Town and Country Planning (Development Procedure) Order 2005. Article 4 (4) states: “(4) The Committee may decline to consider an application in any case where it considers that the application is substantially the same as an application which has been refused at any time in the previous 5 years.” The application description for the current application (PA06/01473) is similar to the previously refused application (PA05/00643) however; the site plans indicate that the application site in relation to the current application has been increased and furthermore, additional information has been submitted in order to address the previous reasons for refusal. Given the amended site boundary and information submitted which has not previously been considered by the Planning Authority, I conclude that the application is not substantially the same as the previous application (PA05/00643) and should therefore be considered. Fiona Mullen