Schedule of Planning Applications Committee Date: 8 February 2017
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1 Schedule of Planning Applications Committee Date: 8 February 2017 Reference: 06/16/0723/F Applicant: EOP II PROP CO. I S.A.R.L Parish: Great Yarmouth Officer: Mr G Clarke Expiry Date: Proposal: Site: Sub-division of existing retail unit (Class A1) to create 3 no. retail units for the sale of bulky comparison goods (Class A1) and associated external alterations Part of Unit 1 (B&Q) Pasteur Retail Park Thamesfield Way Great Yarmouth REPORT 1. Background / History :- 1.1 The B & Q store occupies a large unit at the north western end of a line of five retail units at the Pasteur Retail Park, the remaining units are occupied by Tapi, Home Bargains, Pets at Home and Argos. The application site consists of part of the existing B & Q warehouse, the rear service yard and builder s yard, the remainder of the B & Q store will remain as existing. The proposal is to subdivide the site to form three smaller units, Unit A will be 1,765m² in floor area and Units B and C will be 984.5m² and vary the condition which restricts the type of goods that can be sold. 1.2 Planning permission for the B&Q unit was granted on 27 March 2002 (ref. 06/98/0969/O) subject to conditions one of which (condition 4) restricted the type of goods that could be sold, the full wording of the condition is:- 1.3 The premises shall not be used otherwise than for the sale of goods consisting of DIY products, DIY home improvements, building products, garden products including garden furniture and accessories and plants, together with a coffee shop as ancillary to the main use unless the prior approval of the Local Planning Authority. 1.4 The planning permission did not preclude sub-division of the unit nor did it restrict any permitted development rights. 1.5 In August 2006 a planning application was submitted (ref. 06/06/0704/F) to vary condition 4 of permission ref. 06/98/0969 to enable the subdivision of the B&Q Application Reference: 06/16/0723/F Committee Date: 8 February 2017
2 unit and to allow the sale of bulky comparison goods. Permission was granted on the 23 April 2008 subject to the conditions referred to below amongst others. The consent was never implemented and the permission lapsed on 23 April Condition 2 - The elevations shall be carried out in accordance with the revised elevations drawings no.5069/104c and letter dated 15th April 2008 and the detail thereon; The floor plan in accordance with Drawing no.5069/102e with the application site according with the red line around units 2, 3 and 4. The reason for the condition is:- For the avoidance of doubt and in accordance with the submitted plans. 1.7 Condition 3 - Units 2 and 3 shown yellow on the approved plan shall only be used for sale of bulky comparison goods consisting of building and DIY products; garden products and plants, pets and pet supplies, furniture, carpets, floor coverings, electrical and gas; vehicle accessories and parts, bicycles and cycle accessories, office supplies, computers and accessories and boating equipment (excluding boats) and any other goods which are ancillary and relate to the main use permitted. Unit 4 shown as green on the approved plans shall not be used otherwise than for the sale of goods consisting of DIY products, DIY home improvements, building products, garden products including garden furniture and accessories and plants. The reason for this condition:- For the Local Planning Authority to retain control over the goods sold in order to minimise the impact of the development on the vitality of the town centre. 1.8 Condition 5 - No mezzanine floors shall be inserted in the buildings/units hereby approved without the prior written approval of the Local Planning Authority. The reason for the condition is:- For the Local Planning Authority to retain control over the development and to protect the vitality of the town centre. 1.9 Condition 6 -The units hereby approved shall not be sub-divided in anyway without the prior written approval of the local planning authority. The reason for the condition is:- In accordance with the approved plans and for the local planning authority to assess the implications of any such proposal in the context of its retail strategy In 2012 applications for certificates of lawfulness regarding the validity of conditions restricting the type of goods that could be sold from unit 1 (06/12/0740/EU), units 2-4 (06/12/0741/EU) and unit 5 (06/12/0742/EU) were submitted. These applications were refused and subsequently dismissed on appeal In 2015 a planning application was submitted for variation of condition 4 of planning permission 06/98/0969/O to allow the sale of bulky goods and subdivision to form four retail units (06/15/0390/F) this was for the same area of the B & Q store as the current application. Permission was refused for the following reason:- Application Reference: 06/16/0723/F Committee Date: 8 February 2017
3 1.12 Notwithstanding the fact that the site has an existing retail use and the bulky goods only conditions proposed, the size of units to be created along with the range of goods to be sold and no identified retailers, have the potential to attract existing and would be town centre retailers to this out of town location. It is considered by the local planning authority that the proposal would be counterproductive to the promotion of competitive town centres (a key aim of the National Planning Policy Framework) and it has not been demonstrated to the satisfaction of the local planning authority that significant harm to the town centre would not occur. As such it is considered that the proposal would have a significant adverse impact upon the vitality and viability of Great Yarmouth including planned investment and investor confidence and draw trade away from the existing town centre of Great Yarmouth at a time when Great Yarmouth Town centre has been weakened by relocations to out-of-centre sites and is considered by the local planning authority to be in a fragile condition. Where the impact test has not been satisfied, the National Planning Framework in Paragraph 27 states that applications should be refused and the application is hereby refused in accordance with the National Planning Policy Framework 1.13 There are a number of applications relevant to this application within the retail park. Planning permission for the retail terrace south of B&Q was granted on 15 August 2003 (ref. 06/03/0538/F) and the applications referred to below are applicable to the southern terrace. The description of development as it appears on the decision notice reads as follows:- A1 non-food retail warehouse units with access and service roads, car park, landscaping and associated services 1.14 Condition 3 of the permission restricts the use of the units as follows:- The premises shall only used for the sale of bulky comparison goods consisting of building and DIY products; garden products and plants, pets and pets supplies, furniture, carpets, floor coverings and household furnishings, electrical and gas, vehicle accessories and parts, bicycles and cycle accessories, office supplies, computers and accessories and boating equipment (excluding boats) and any other goods which are ancillary and related to the main goods permitted Planning application ref. 06/03/1112/F was submitted on 2 December 2003 to vary condition 3 of permission 06/03/0538/F to enable Unit 5 to be occupied by the national catalogue retailer, Argos. Permission was granted on 15 March 2004 and condition 1 sought to control the sale of goods from the unit:- The premises shall only be used for the sale of bulky comparison goods consisting of building and DIY products; garden products and plants, pets and pets supplies, furniture, carpets, floor coverings and house hold furnishings, electrical and gas, vehicle accessories and parts, bicycles and cycle accessories, office supplies, computers and accessories and boating equipment (excluding oats) and any other goods which are ancillary and related to the main goods permitted, all other non- food goods, with the exception of fashion clothing and footwear, may also be sold by a catalogue retailer only. Application Reference: 06/16/0723/F Committee Date: 8 February 2017
4 1.16 Finally, planning permission was granted on 2 May 2014 (ref. 06/14/0153/F) to modify condition 1 of planning permission 06/03/1112/F to allow unit 3 to be occupied by the national discount retailer, Home Bargains. The permission allowed the sale of a softer range of comparison goods, Condition 1 of the permission provided the modified goods restriction, stating:- Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 1987, or any Order revoking or re-enacting that Order, the premises shall only be used for the sale of bulky comparison goods consisting of building and DIY products, garden products and plants, pets and pet supplies, furniture, carpets, floor coverings and household furnishings, electrical and gas products, vehicle accessories and parts, bicycles and cycle accessories, office supplies, computers and accessories and boating equipment (excluding boats) and any other goods which are ancillary and related to the main goods permitted; all other non-food goods, with the exception of fashion clothing and footwear, may also be sold by a catalogue retailer only. The exception shall be Unit 3 (as identified on drawing Q40357/Q01) which shall also be used for the sale of household products (from an area of no more than 142 square metres); health and beauty products and medicines (from an area of no more than 142 square metres); games and toys (from an area of no more than 142 square metres); and food and drink (from an area of no more than 426 square metres). 2 Consultations :- 2.1 Environmental Health There is a potential for noise nuisance to local residents due to increased traffic movement, use of fork trucks, reversing alarms and so on so conditions should be imposed regarding hours of goods delivery and the type of reversing alarms. It is also suggested that if any air handling plant is proposed a noise survey shall be carried out. 2.2 Gorleston Chamber of Trade no objections. 2.3 Norfolk Constabulary Architectural Liaison Officer makes suggestions regarding the security of the site. 2.4 Neighbours one letter of concern has been received (copy attached), the concerns are trading hours, whether there will be access to the rear of the building and deliveries. 2.5 Town Centre Partnership The full response is attached, basically the Partnership has no objection subject to the following conditions being imposed:- None of the new units be less than approximately 1,000 square metres A condition be applied preventing the future sub-division of the new units The downsized B & Q unit has a DIY sales only condition applied That conditions are placed on the new units prohibiting sales of certain goods eg. homewares and soft furnishings to ensure that they are deemed for use as bulky goods retail warehouse units only Application Reference: 06/16/0723/F Committee Date: 8 February 2017
5 2.6 Highways England no objection. 2.7 Norfolk County Council Highways No objection. 2.8 Building Control No adverse comments. 2.9 Strategic Planning - The proposal seeks to sub-divide an existing A1 class retail unit to create 3 additional A1 class retail units. The site is in an out of centre location. The subdivision of the existing A1 unit will create new retailing opportunities in Great Yarmouth and given its out-of-centre location, has the potential to be attractive to town centre retailers who wish to capitalise on this model of retailing. The applicant does not confirm any named retailers to take up the proposal therefore there is justified risk that the proposal may attract existing retailers away from Great Yarmouth Town Centre rather than encouraging new retailers into Great Yarmouth. The proposed units are fewer and at a larger scale than proposed on the previously refused planning application which helps to reduce the potential impact upon the town centre and would be further reduced by the proposed restriction of goods to home furnishings and bulky goods as proposed by the application in the Planning and Retail Assessment statement Williams Gallagher acting on behalf of Market Gates Shopping Centre There is no objection to the principle of the development but concern is raised regarding the potential of this application, if approved, to facilitate the relocation of existing retailers from Gapton Hall Retail Park. They suggest that a condition should be imposed which would prevent retailers relocating from Gapton Hall, which would ensure that the proposal does not lead to an adverse impact on the town centre. They also suggest that such a condition would mean that new retailers will be attracted to the town rather than allowing the relocation of existing occupiers. A copy of the letter is attached. 3 Policy :- 3.1 National Planning Policy 3.2 Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires that planning applications be determined in accordance with the development plan, unless material considerations indicate otherwise. 3.3 The National Planning Policy Framework (NPPF) recognises the need to ensure the vitality of town centres. In paragraph 23 it states: Planning policies should be positive, promote competitive town centre environments and set out policies for the management and growth of centres over the plan period. In drawing up Local Plans, local planning authorities should: Recognise town centres as the heart of their communities and pursue Application Reference: 06/16/0723/F Committee Date: 8 February 2017
6 policies to support their viability and vitality; Promote competitive town centres that provide customer choice and a diverse retail offer and which reflect the individuality of town centres; and Allocate appropriate edge of centre sites for main town centre uses that are well connected to the town centre where suitable and viable town centre sites are not available. If sufficient edge of centre sites cannot be identified, set policies for meeting the identified needs in other accessible locations that are well connected to the town centre. 3.4 Paragraph 24 states: Local planning authorities should apply a sequential test to planning applications for main town centre uses that are not in an existing centre and are not in accordance with an up-to-date Local Plan. They should require applications for main town centre uses to be located in town centres, then in edge of centre locations and only if suitable sites are not available should out of centre sites be considered. When considering edge of centre proposals, preference should be given to accessible sites that are well connected to the town centre. Applicants and local planning authorities should demonstrate flexibility on issues such as format and scale. 3.5 Paragraph 26 states: When assessing applications for retail, leisure and office development outside of town centres, which are not in accordance with an upto-date Local Plan, local planning authorities should require an impact assessment if the development is over a proportionate, locally set floorspace threshold (if there is no locally set threshold, the default threshold is 2,500 m²). This should include assessment of: The impact of the proposal on existing, committed and planned public and private investment in a centre or centres in the catchment area of the proposal; and, The impact of the proposal on town centre vitality and viability, including local consumer choice and trade in the town centre and wider area, up to five years from the time the application is made. For major schemes where the full impact will not be realised in five years, the impact should also be assessed up to ten years from the time the application is made. 3.6 Paragraph 27: Where an application fails to satisfy the sequential test or is likely to have significant adverse impact on one or more of the above factors, it should be refused. 3.7 Local Planning Policy Context 3.8 The following policies from the Great Yarmouth Local Plan: Core Strategy are relevant to the application:- 3.9 Policy CS7 Strengthening our centres Application Reference: 06/16/0723/F Committee Date: 8 February 2017
7 Overall, the majority of town, district and local centres within the borough are performing well, despite the national economic downturn. To enable them to continue to compete with centres outside of the borough, out-of-town retailers and the internet, the Council will: a) Focus future development and investment using the retail hierarchy in Table 12 below Table 12: Retail Hierarchy Classification Main Town Centre Town Centre District Centres Location Great Yarmouth Gorleston-on-Sea Bradwell (Proposed) and Caister-on-Sea Local Centres Well defined groups of shops and services in the borough s villages and main towns, such as The Green, Martham; Bells Road, Gorleston and Northgate Street, Great Yarmouth b) Seek to allocate in accordance with the retail hierarchy and the sequential approach between 2,152 m² (net) and 4,305 m² (net) of new food shopping floorspace and up to 8,865 m² (net) of new non-food shopping floorspace in identified opportunity sites in the borough, up to c) Promote the extension of the Great Yarmouth s centre to include The Conge and parts of North Quay as a mixed-use development scheme through Policy CS17 and the Great Yarmouth Waterfront Supplementary Planning Document d) Aim to improve the vitality and viability of our town and district centres by: Safeguarding the retail function and character of each centre. Primary, Secondary and Holiday Shopping frontages will be identified in the Development Policies and Site Allocations Local Plan Document where appropriate Enhancing the appearance, safety and environmental quality of the centres Encouraging a diversity of uses within each centre, enabling a wide range of retail, leisure, social, educational, arts, cultural, office, commercial and where appropriate, residential uses Supporting small and independent businesses, including retaining and enhancing important local markets Promoting the short and long-term reuse of vacant buildings Enhancing the early evening economy Improving access to the centre by sustainable modes of transport and encouraging multi-purpose trips e) Maintain and strengthen the role of local centres and local shops in the borough to better serve the day-to-day needs of local communities f) Ensure that all proposals for town centre uses outside defined centres demonstrate that there are no sequentially preferable sites available and that the proposal can Application Reference: 06/16/0723/F Committee Date: 8 February 2017
8 be accessed by sustainable transport. Proposals over 200 m² (net) will also be required to submit a Retail Impact Assessment demonstrating that there will be no significant adverse impact on existing designated centres, including those beyond the borough boundary, such as Lowestoft 3.10 Policy CS17 Regenerating Great Yarmouth s Waterfront The Waterfront area in the heart of Great Yarmouth has the potential to become a vibrant urban quarter that utilises its rich heritage and prime urban riverside location to create a unique and high quality environment for housing, shopping and offices; attractive to investors and visitors as well as new and existing residents. Proposals for new development within the Waterfront Area should seek to: a) Transform Great Yarmouth s arrival experience by developing a network of attractive, vibrant and well-connected neighbourhoods to create a new gateway to the town b) Identify appropriate development sites within the Waterfront area for approximately: 1,000 new dwellings of a mix of types (of which at least 300 are anticipated to be delivered within the plan period) 16,500 m² of employment floorspace (of which at least 7,700 m² is anticipated to be delivered within the plan period) 14,200 m² of retail and leisure floorspace, promoting the mixed-use regeneration of disused and other under-used sites (of which at least 5,050 m² is anticipated to be delivered within the plan period) c) Ensure that the quayside area identified on the Policies Map as port operational land is safeguarded as employment land to serve offshore energy related businesses for the first part of the plan period ( ) unless it can be demonstrated that there is no need for this use. If the land is developed for offshore energy related employment uses during this period then Policy CS17 will no longer apply and Policy CS6 will apply. d) Maximise the provision of on-site affordable housing by submitting a site-specific viability assessment at the planning application stage e) Provide positive, safe and convenient connections for pedestrians and cyclists throughout the area and to neighbouring areas, served by high quality public transport services f) Improve links between the railway station and the market place in Great Yarmouth town centre and maximise public access to the Waterfront area through the use of walkways and open spaces, provided this does not conflict with port activity or safety requirements g) Capitalise on the area s prime riverside location by creating a strong urban form with distinctive high quality architecture of an appropriate scale, form and massing that complements the surrounding historic environment h) Utilise the heritage assets of the area, such as the historic townscape and important historic buildings, converting buildings to other uses where appropriate Application Reference: 06/16/0723/F Committee Date: 8 February 2017
9 i) Promote high levels of sustainable construction and design in non-residential development, including energy and water efficiency, reduced waste production and where possible, the use of renewable energy in accordance with Policy CS12 j) Enrich the quality of the public realm, ensuring that elements of the street scene contribute to the overall character and identity of each neighbourhood and that the choice of materials and quality of signage adds interest, and aids identity and legibility k) Protect and enhance biodiversity and geodiversity across the waterfront area and ensure that appropriate mitigation measures for protected species, biodiversity and geodiversity are undertaken in accordance with Policy CS11 l) Ensure that the development is safe in terms of flood risk for its lifetime, design and location and does not increase the risk of flooding elsewhere, in accordance with Policy CS13 m) Provide appropriate new community, education and health facilities to meet the dayto-day needs of new and existing residents and improve existing facilities in Great Yarmouth, where possible, in accordance with Policy CS14. The Council will produce a Supplementary Planning Document setting out additional planning and design guidance for the Waterfront Area to ensure that the objectives of this policy are fully realised. Proposals relating to the development of individual buildings and/or sites within the Waterfront Area submitted before the Supplementary Planning Document is adopted will need to demonstrate that they have appropriately responded to the points within Policy CS17 and that they will not prejudice the overall regeneration ambitions for the area Other supporting studies 3.12 Great Yarmouth Retail Study (2011, Strategic Perspectives) 3.13 The Great Yarmouth Retail Study was undertaken in 2011 as an update to the Great Yarmouth Borough Council and Waveney District Council Retail and Leisure Study (2006). The update specifically focussed on the Great Yarmouth Borough area. The Study provided advice on the appropriate scale and type of new retail (convenience and comparison goods) that can be reasonably accommodated in the Borough and its main centres over the development plan period to In terms of comparison goods (which form the bulk of this planning application), the Study identified the potential capacity for new comparison goods floorspace in 2016 as 4,459 m². This capacity increases to 19,110 m² by 2026 and 27,672 m² by In detail, the Study highlights the need to improve and consolidate comparison (and convenience) goods floor space in Great Yarmouth in line with its role as an important Town Centre, furthermore the Study recommends that the Council should carefully consider future planning applications in accordance with national, regional and local planning policy, balancing the potential for town centre and edge of centre sites to accommodate all or some of the forecast Application Reference: 06/16/0723/F Committee Date: 8 February 2017
10 capacity in compliance with the sequential approach as well as the likely cumulative impact of new development on the overall vitality and viability of the town centre In the short to medium term the Study considers that in Great Yarmouth, The Conge and North Quay present the most appropriate location for new mixed uses including retail and commercial leisure uses Retail Planning Refresh Great Yarmouth 3.18 A capacity refresh of the 2011 Retail Study to take in to account productivity growth rates and the rise in internet shopping was undertaken in 2014 by Strategic Perspectives. As a result, the refresh significantly altered the expected capacity for new comparison goods floorspace from negative 660 m² in 2019, 4,663 m² in 2026 and 8,865 m² in A further capacity refresh was undertaken by Carter Jonas (27 July 2015) which shows and concludes that there was no forecast capacity for new comparison goods retail floorspace until 2021 and that the forecast capacity up to 2031 has risen to 10,814 m² net. For convenience goods, after taking in known commitments, there is a fall in capacity compared with the findings of the 2014 refresh. 4 Assessment :- 4.1 The external alterations are minor and in keeping with the original design of the retail unit so will not have any adverse effect on the appearance of the building. 4.2 There are no objections from Highways England and the County Council in terms of additional traffic movements or impact upon the Highway network. 4.3 The Environmental Health Officer suggested that a condition is imposed regarding a noise assessment, the application does include such an assessment which looks at the potential for noise problems that may be caused by the revised servicing arrangements. The assessment concludes that there should be no significant adverse impacts on the nearby dwellings from the proposed changes. 4.4 There is no planning condition on the existing building which would prevent the sub-division into smaller units but if this was carried out by itself the condition restricting the type of goods to DIY products, DIY home improvements, building products, etc. which is attached to the original planning permission (06/98/0969/O) would still apply. 4.5 The previous application for the site which was for the sub-division to form four retail units was refused on the grounds that the size of the proposed units which varied from 470 m² to 1,765 m² along with the range of goods to be sold would have the potential to attract existing and would-be out of town retailers to this out of town location. As such it would have a significant adverse impact on the vitality and viability of the town centre. Application Reference: 06/16/0723/F Committee Date: 8 February 2017
11 4.6 The current proposal has been revised to a sub-division to form three retail units, the floor areas of the units will be larger than those in the previous application with Unit A being 1,765 m² in floor area and Units B and C m². When the previous application was considered Carter Jonas were commissioned by the Council to undertake an independent review of the application together with the application for development on the Pasta Foods site. Part of the advice was that Some of the risks to the town centre could be reduced by the application of conditions controlling the end users more restrictively than Quod(B&Q) propose, and by changing the proposed mix and number of units to include fewer, but larger units. There is also the potential for a legal agreement to ensure occupiers are new to the area. However this would not fully address the risks in our view. 4.7 Savills, who were acting on behalf of the owners of Market Gates Shopping Centre, objected to the previous application due to the size of the proposed units and that the proposed conditions did not sufficiently restrict the range of goods that could be sold. They went on to say that the proposal relates to an existing retail unit within an established retail park which already has a command over local expenditure and if the applicant is able to overcome their concerns the sub-division may be acceptable. The suggested revisions were: Revision to red line site location plan and retention of DIY goods only condition in respect of the down-sized B & Q unit Where new units are created, a floor plan to be approved as part of the application (therefore setting the size of the units) with further conditions restricting future sub-division horizontally and vertically (mezzanines) through the removal of permitted development rights The setting of a minimum unit size of over 1,000 m² to differentiate occupier space from many units that are available in Great Yarmouth Town Centre Confirmation form the applicant as to whether the scheme could accommodate Dunelm and/or AHF Where Dunelm is not being targeted, removal of the ability to sell home furnishings to prevent significant adverse impact upon the town centre this would ensure the scheme is more akin to traditional bulky good retail warehouse operation. 4.8 The applicants have responded to this by submitting a full planning application for the area outlined in red so that the existing DIY goods condition will remain on the smaller B & Q store. They also agree that the sub-division of the proposed units can be precluded by condition, the units will be larger and that a tight goods condition to restrict the range of goods to bulky and to restrict the sale of home furnishings is acceptable. It is suggested that the proposed units will have the same condition as the remainder of the units on the retail park which is as follows: Application Reference: 06/16/0723/F Committee Date: 8 February 2017
12 4.9 The premises shall only be used for the sale of bulky comparison goods consisting of building and DIY products, garden products and plants, pets and pets supplies, furniture, carpets & floor coverings, electrical and gas products, vehicle accessories and parts, bicycles and cycle accessories, office supplies, computers and accessories and boating equipment (excluding boats) and any other goods which are ancillary and related to the main goods permitted The current application includes a retail assessment which looks at the availability and suitability of town centre premises, the assessment shows that the existing vacant town centre sites and possible edge of centre redevelopment sites would not be able to accommodate the proposed development given the requirements of bulky goods retailers such as an adjacent car park to allow transfer of goods from store to vehicle, the provision of trolley bays within the car park, space for HGV servicing and a single level sales area Taking the above into consideration and given that there are no objections to the proposal it is considered that, as this application is for sub-division of an existing retail store on a retail park and not for completely new out of town retail floor space, the proposal is acceptable subject to the proposed goods condition together with a condition restricting further sub-division of the units as well as other standard planning conditions The letter from Williams Gallagher suggests that there should also be a condition which would prevent retailers relocating directly from Gapton Hall Retail Park, the aim is to ensure that the proposal will attract new retailers to Great Yarmouth rather than facilitating the relocation/reorganisation of existing occupiers in the town which would be to the detriment of the town centre. A condition such as this may not be considered reasonable or very practical and may be difficult to enforce, further information on this will be reported at the meeting. 5 RECOMMENDATION :- 5.1 Approve the proposal complies with Policies CS7 and CS17 of the Great Yarmouth Local Plan: Core Strategy and the NPPF. Application Reference: 06/16/0723/F Committee Date: 8 February 2017
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