DETERMINATION
The Panel agrees the application
as amended suitably resolves the earlier issues of refusal and provides a
satisfactory outcome with improved design and solar access, with resolution
of the concerns of the flooding issues, with ongoing action.
The Panel notes that the
conditions of consent proposed by the Council are satisfactory to the
applicant.
In particular the Panel is
satisfied with the Council approved Plan Of Management that deals with day to
day issues of the operation including ongoing maintenance for flooding.
Accordingly the Panel resolves that
the Council enter into a s34 agreement and request
the Commissioner dispose of the matter by way of a s34 Conciliated Agreement
based on the further without prejudice amended plans and documentation and
agreed conditions.
The Panel decision was
UNANIMOUS.
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