1. 19-0749-Pp
Renfrewshire Council · 23 August 2022
Back to Planning and Climate Change Policy Board — 23 August 2022 and its agenda
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Renfrewshire Council Planning & Climate Change Policy Board Page 1 Planning Application: Report of Handling Reference No. 19/0749/PP KEY INFORMATION Ward: (8) Johnstone South & Elderslie Applicant: Cruden Homes (West) Ltd C/O Architecture + Design Ltd. 42 Charlotte Square Edinburgh EH2 4HQ Registered: 1 November 2019 RECOMMENDATION Grant subject to conditions and a section 75 legal agreement. Report by Head of Economy & Development PROSPECTIVE PROPOSAL: Erection of residential development comprising 96 dwellings, with associated open space, roads, access, landscaping, engineering and infrastructure works LOCATION: 40 Rannoch Road, Johnstone, PA5 0SP APPLICATION FOR: Full Planning Permission © Crown Copyright and database right 2022. All rights reserved. Ordnance Survey Licence number 100023417. IDENTIFIED KEY ISSUES • The application site is represented as ‘white space’ in the Adopted Renfrewshire Local Development Plan (2021), having no land use zoning due to the ruling by the Court of Session on the 29 June 2022 in relation to a statutory appeal into the local development plan. • 3 representations have been received which relate to the impact from the additional traffic and implications for existing junctions as a result of the development. The impact from the existing contaminated land on site and the impact to the existing operational quarry. • There have been no objections from consultees. • The proposals are considered to be compliant with the relevant policies and guidance of the local development plan, utilising a brownfield site for the purpose of regeneration and provision of new homes to meet the overall housing land supply in Renfrewshire. Alasdair Morrison Head of Economy & Development
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Renfrewshire Council Planning & Climate Change Policy Board Page 2 REPORT OF HANDLING FOR APPLICATION 19/0749/PP SITE ADDRESS 40 Rannoch Road, Johnstone, PA5 0SP PROPOSAL Erection of residential development comprising 96 dwellings, with associated open space, roads, access, landscaping, engineering and infrastructure works. RECOMMENDATION Grant subject to conditions and a section 75 legal agreement. INTRODUCTION This planning application was considered at the meeting of the Communities, Housing and Planning Policy Board on 18 January 2022, and it was agreed that the application be approved subject to conditions and a Section 75 agreement. Following the decision at Board, officers had commenced discussions with the applicant in order to agree and conclude a Section 75 agreement. On the 20 January 2022, Renfrewshire Council was served with a statutory appeal in relation to the adoption of the Renfrewshire Local Development Plan. The appellant, James (Glasgow) Ltd, sought the quashing of part or parts of the Renfrewshire Local Development Plan, one of these parts of the Plan subject to the appeal was (1) The designation of site LDP2057-Golf Driving Range, Rannoch Road, Johnstone as ‘Policy P2-Housing Land Supply’ and its inclusion in the list of ‘new residential sites’ on page 49; and any consequential references (whether express or by inclusion on a map or plan), together with suspension of the operation of the Local development Plan in relation to that site. As highlighted in the earlier Renfrewshire Local Development Plan – Outcome of Court of Session board report to this Board, the outcome of the statutory appeal was that the Court of Session decided to allow the appeal and quash the Renfrewshire Local Development Plan (2021) in respect of 3 particular aspects, one of these being:- Removing the residential designation of site at Golf Driving Range, Rannoch Road, Johnstone, thereby showing it as ‘white space’ in the adopted Renfrewshire Local Development Plan (2021). Given this ruling by the Court of Session, the determination of planning application 19/0749/PP for a residential development at the former golf driving range, Johnstone, requires to be reconsidered by the Planning and Climate Change Policy Board as this site is no longer designated as a potential residential site and is now ‘white space’. The phrase ‘white space’ is defined in legal case law as a result of the
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Renfrewshire Council Planning & Climate Change Policy Board Page 3 courts actions in relation to plans. Courts can only strike out/quash parts of or full areas of plans. The effect of quashing the designation of a site in the local development plan is in effect leaving white space in a development plan. The Council still have a statutory obligation to consider and determine any planning application submitted in respect of the three sites and would require to take account the Reporters recommendations, the outcome of any court proceedings as well as all of the other relevant policies in the local development plan and any other material considerations, as outline in planning legislation. PROPOSALS This application seeks planning permission for the erection of a residential development comprising 96 detached, semi-detached and terraced dwelling houses with associated access, infrastructure and landscaping, on the site of the former golf driving range on Rannoch Road, Johnstone. The site extends to approximately 5.8 hectares in area. It is bound to the north and west by residential properties and woodland, woodland and Rannoch Road to the east with further residential units beyond, around the southern end of the site is open space, woodland, a commercial facility and an operational quarry. In terms of topography, the site rises upwards parallel to Rannoch Road in a southerly direction. The former vacant and derelict driving range building and facilities remain in situ. There is dense tree cover along the boundaries of all of the site. The driving range area where the residential development is proposed does not contain any trees. The tree cover along the boundaries of the site would be maintained. There would be several means of pedestrian access from the site to the surrounding area. There would be one means vehicular access to the site, located the lower (northern) end of Rannoch Road, around the same position as the existing access to the site. Parking on site would be in line with the National SCOTs Guidelines and consist of 238 parking spaces for both residents and visitor parking. An equipped play area would be formed at the southern boundary of the site with an area of open space at the centre of the site with a SUDS pond constructed at the north of the site, close to the vehicular access. The proposed house types within the site, would be a mix three bed semi-detached and terraced units and four bed detached. A mix of private and affordable units will be provided on the site. SITE HISTORY Application No: 19/0734/EO Description: Request for screening opinion as a requirement for an
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Renfrewshire Council Planning & Climate Change Policy Board Page 4 Environmental Impact Assessment relating to the erection of residential development. Decision: Environmental assessment not required. Application No: 19/0292/NO Description: Erection of residential development with associated open space, roads, access, landscaping, engineering and infrastructure works Decision: Accepted. Application No: 02/0720/PP Description: Erection of a security fence and gates. Decision: Grant. CONSULTATIONS Chief Executive Service (Roads Development) – No objection subject to conditions. Communities & Housing Service (Environmental Protection Team) – No objection subject to conditions. Children Services - No objections. Glasgow Airport Safeguarding - No objection subject to a condition. Scottish Water - No objection subject to conditions. SEPA – No objection subject to conditions. The Coal Authority – No objection subject to conditions. REPRESENTATIONS Three representations have been received. The points raised in the objections can be summarised as follows: • Traffic and road capacity issues on the local network as a result of the development; • Ground contamination/mining works likely to pose and issue with development of this site; and, • Potential impact on the operational quarry which is in close proximity to the site. DEVELOPMENT PLAN POLICIES Adopted Renfrewshire Local Development Plan 2021 Policy P1 – Renfrewshire’s Places Policy P2 - Housing Land Supply Policy P3 - Housing Mix and Affordable Housing Policy I1 - Connecting Places Policy I3 - Flooding and Drainage Policy I5 – Waste Management Policy I7 – Zero and Low Carbon Buildings Draft New Development Supplementary Guidance 2019 Creating Places Connecting Places Provision for Waste Recycling in New Developments
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Renfrewshire Council Planning & Climate Change Policy Board Page 5 Flooding and Drainage Renewable and Low Carbon Energy Developments Affordable Housing Material considerations Renfrewshire's Places Residential Design Guide. PLANNING ASSESSMENT Policy P1 of the adopted Renfrewshire Local Development Plan is considered to be applicable. The development is in line with and will deliver on the local development plan spatial strategy by enhancing and growing Renfrewshire’s communities in a sustainable manner. It is considered that the development of this previously used site, with a mix of house types and tenures in this location will assist in creating sustainable communities and will make the area a more attractive place to live. Policy P2 of the adopted Renfrewshire Local Development Plan outlines that a 5-year supply of effective housing land is required to be maintained at all times. The redevelopment of this site is considered to add to the range and choice of residential sites across Renfrewshire which is in line with Scottish Government policy as well as local policy. Renfrewshire Council undertake an audit of housing land each year and this land supply fluctuates as conditions change and decisions are made. It is still considered that this site is necessary to ensure that there is an adequate generous housing land supply across Renfrewshire. Policy P3 of the adopted Renfrewshire Local Development Plan relates to Housing Mix and Affordable Housing, which seeks developments to provide a mix of house types to cater for current and future needs as well as providing for a range of needs in terms of occupants. Affordable housing should be provided on sites with over 50 units, providing up to 25% of the total site capacity. In this regard, as the development is for 96 new residential units, Policy P3 is applicable to this application. In response to this the applicant has submitted an Affordable Housing Statement which indicates that the applicant will provide 8 affordable homes, which on balance is considered to be in line with the policy, to be delivered on site, with the units being secured for affordable housing with a Section 75 Legal Agreement. The applicant’s statement justifies the number of affordable homes to be delivered on site by outlining the following: • The Johnstone and Elderslie Housing Market Area contains the highest existing proportion of social rented housing stock in Renfrewshire and therefore has the lowest need for additional social rented housing;
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Renfrewshire Council Planning & Climate Change Policy Board Page 6 • There is already a significant number of affordable units (social rent) being delivered via the Renfrewshire Strategic Housing Investment Plan (SHIP) within the local area, within ongoing developments, such as Johnstone Castle (including phase 1 and phase 2), Auchengreoch Road, MacDowall Street, Gibson Crescent, Ryefield and Beith Road; • The range of house types and sizes being offered through this proposal will suit varying budgets including starter homes or for upsizers or downsizers in this area; • Cruden has carried out extensive market research within and around the area and are proposing a development pitched at the needs of the local market. It is considered that the applicant’s statement is correct in that Policy P3 is to assist in rebalancing the range and choice of housing across Renfrewshire. It is agreed that Policy P3 seeks up to 25% affordable housing on sites and that Johnstone has around 3 times the amount of existing affordable housing in comparison to the rest of Renfrewshire. The figure of 8% affordable housing to be delivered on this site is therefore, on balance, considered to be appropriate for this site. The proposal will deliver the stock and tenure required for this area to meet the range of local housing need and demand. In light of the points raised above, the proposals will included a range of house types taking into account the make up of housing stock in the local area. It is considered that the proposal to provide 8% affordable homes on site is in line with Policy P3 of the adopted local development plan. Development proposals must also comply with the criteria as set out in the New Development Supplementary Guidance. The New Development Supplementary Guidance and associated Residential Design Guide identify a checklist of design considerations which form the basis of good places design. The design considerations are assessed as follows. Context and Character The proposed development is considered to respond to the context in which it is sited, and replicates much of the surrounding area which is characterised by residential units surrounded by a woodland edge. The proposed layout seeks to ensure that the development respects the existing trees surrounding the site along with the significant level changes. Again as is replicated on residential sites in the vicinity, the proposed layout uses the site levels and containment of the existing trees to present a good residential environment. The style of the dwellings proposed is of a modern design, with a mix of detached, semi-detached and terraced properties which are linked
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Renfrewshire Council Planning & Climate Change Policy Board Page 7 together through the open space and woodland surroundings. It is considered the design and layout of the proposed development will create an attractive place allowing the regeneration and renewal of this land, contributing to the overall area. Access and Connectivity A key consideration in the assessment of this application is connectivity between the development and the wider transport network. Policy I1 of the adopted Renfrewshire Local Development Plan states that the Council will support development proposals which give priority to sustainable modes of transport and have no significant impact on the safe and efficient operation of the local or trunk road network. The proposed development is considered to incorporate good active travel linkages to the wider area including to the urban area as well as the green network which surrounds this site. The layout incorporates good, well looked over, lit pedestrian links between the site and the neighbouring houses at Burns Drive and Rannoch Road and to the bus stop outside the site where there is a good public transport service. The proposed pedestrian links would also link the new development to the local facilities and amenities including all local schools. There is one vehicular access to and from the site, on to Rannoch Road. This is considered acceptable for a development of this scale and layout. The roads incorporated into the layout provide traffic calming measures including; varying road widths, breaks in roadway and changes in road material to ensure pedestrian safety in a key principle in terms of movement around the site. A comprehensive transport analysis has been submitted which confirmed that the proposed development will not have a significant impact on the local road network or junctions. Sufficient residential and visitor parking will be provided and dispersed throughout the site, in line with all guidelines. Layout and Built Form The layout contributes to permeability and ease of movement with active frontages onto all streets, pedestrian routes and open spaces. The structure and position of buildings within the layout provide for a sufficient level of privacy, amenity and garden ground for each residential unit. It is recognised that some of the proposed residential plots which back onto Rannoch Road, (which is used by traffic from the local quarry) will be potentially impacted upon by road traffic noise. In order to
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Renfrewshire Council Planning & Climate Change Policy Board Page 8 mitigate this impact, recommendations made in the noise impact assessment with respect to upgraded glazing, will be required for these plots. There is also a significant tree barrier along this edge of the site which will be retained to ensure the amenity of future residents. An air quality assessment is required in respect of any potential impacts from the nearby quarry. The consultation response from the Environmental Protection Section is noted in this regard and the requirement for this could be controlled by condition on any approval issued. There are no other surrounding land uses which will have a significant adverse effect on the proposed residential development. Environment and Community There is considered to be a sufficient provision of amenity and recreational open space within the development, with one equipped play space and one natural play / area of open space. The indicative block plan associated with the application identifies open spaces with planting and the dense tree cover around the site boundaries being retained. A detailed landscape and planting strategy requires to be submitted as part of the application and will be secured via conditions. Glasgow Airport Safeguarding have requested the submission of a more detailed landscaping strategy, to ensure there would be no impact with respect to the attraction of birds. This can be secured via condition on any approval issued. With respect to Policy I3 of the adopted Renfrewshire Local Development Plan and the supplementary guidance on Flooding and Drainage, the proposed development was concluded to have no detrimental impact in this regard. A drainage assessment has been submitted and considered satisfactory for development. A sustainable urban drainage system has been incorporated into the layout. In view of the above, the proposed development is considered to comply with Policy I3 of the adopted local development plan and the associated supplementary guidance. Buildings and Design The proposed dwellings are of modern design and are considered to positively contribute to the built environment and the overall character of the place. In terms of density and form, a range and choice of units, of varying sizes has been provided by the development. Finishing materials proposed are complementary to the surrounding
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Renfrewshire Council Planning & Climate Change Policy Board Page 9 area. In view of the above, the proposed development is considered to comply with the New Development Supplementary Guidance on places development and the associated residential design guide. Policy I7 of the adopted Renfrewshire Local Development Plan relates to Renewable and Low Carbon Energy Developments and seeks for all major developments to consider renewable energy sources, particularly the use of a district heating network (or other low carbon alternatives). The applicant has submitted an energy statement which explores all the options in terms of providing the development with renewable/low carbon means of energy provision. The report concludes 4 suggested outcomes for achieving maximum energy efficiency within the development, these being; • Combi gas boilers and heat recovery. • Air sourced heat pumps and heat recovery. • Electric heaters and heat recovery. • Heat network and heat recovery. While the heat network appears financially unviable, the option would be left open to connect to any future external system. The other proposed options would contribute to a reduction in energy use within the development, coupled with building specifications for maximum heat retention. As such, it is considered that the development suitably complies with Policy I7 of the adopted local development plan. Site Characteristics There have been no objections to the application from any of the consultees, however Roads raised concerns with regards construction on the site, given the historical mining operations which had taken place. The Coal Authority and the Council requested that the applicant undertake significant site investigation works, to determine the level of risk with regards historical mining works. The conclusion reached by the Coal Authority was that the level of risk, was below the threshold that would require them to object to building within this area. They have requested mitigation measures are put in place to ensure this and this can be controlled by conditions on any approval issued. To further mitigate any potential risk, a condition will also be imposed that the site shall be developed in phases and additional site investigation works carried out as the development is ongoing. In relation to contaminated land, there has been extensive investigations undertaken in relation to the fact that the site is brownfield and previously used. The Environmental Protection Section is satisfied that the level of assessment and remediation strategy for the site is satisfactory and throughout the development phases this will be verified by the on-going reports submitted to the Council to ensure the development is undertaken in a comprehensive manner.
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Renfrewshire Council Planning & Climate Change Policy Board Page 10 Representations There were three objections to the proposals which related to traffic generation and infrastructure capacity, issues of building over existing mining works and contamination of the site as well as the potential impact to the existing quarry operations. The impact of the development as a result of the additional traffic generation and infrastructure capacity have been addressed in the foregoing assessment. The operators (Tarmac) of the local High Craig quarry have not objected to the application, however wanted to ensure the development would have no impact on their existing operations. Again the applicant has demonstrated through various assessments that any new residents will not be significantly impacted by the existing quarry operations. There are mitigatory measures proposed to ensure that the residential amenity will not be impacted. Conclusion Having given consideration to the above assessment, it is found that the proposals comply with the policies and guidance of the Council. It is considered that the proposal would be in a sustainable location. It would deliver a well-designed housing site within an appropriate setting and would support the objectives of delivering the spatial strategy of the local development plan which focuses on creating good places within existing built up areas on brownfield and previously used land. RECOMMENDATION Grant subject to conditions and a section 75 legal agreement. Reason for Decision The proposal accords with the provisions of the Development Plan and there were no material consideration which outweighed the presumption in favour of development according with the Development Plan. A section 75 legal agreement requires to be concluded to secure the provision of affordable housing units. Conditions 1 Prior to the commencement of development on site: A Remediation Strategy and Implementation Plan identifying the proposed methods for implementing all remedial recommendations contained within the site investigation report, prepared in accordance with current authoritative technical guidance, shall be submitted to, and approved in writing by, the Planning Authority. Reason - To ensure that the site will be made suitable for its proposed use.
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Renfrewshire Council Planning & Climate Change Policy Board Page 11 2. That prior to the occupation of any dwellinghouse (within an identified phase of development) hereby approved; a) A Verification Report confirming completion of the works specified within the approved Remediation Strategy, (for that phase of development), shall be submitted to, and approved in writing by, the Planning Authority. b) If remediation works are not required, but soils are to be imported to the site, a verification report confirming imported soils are suitable for use on the site, shall be submitted to, and approved in writing by, the Planning Authority. Reason - To demonstrate that works required to make the site suitable for use have been completed. 3. That before development starts, full details and/or samples of the facing materials to be used on all external walls and roofs shall be submitted to, and approved in writing by, the Planning Authority. Thereafter only the approved materials shall be used in the development of the site. Reason: These details have not been submitted. 4. That the mitigation measures identified in 'Table 6' of the Noise Impact Assessment prepared by KSG Acoustics (for Cruden Homes), shall be implemented on plots 01-19. Reason - To ensure that road traffic noise is adequately mitigated at these plots. 5. That prior to the commencement of development on site, full details and/or samples of the materials to be used for all hard surfaces within the development hereby approved shall be submitted to, and approved in writing by, the Planning Authority. Thereafter only the approved materials shall be used in the development of the site. Reason - A full specification detailing finishing materials has not been submitted. 6. That before development starts, full details of the design and location of all boundary treatments associated with the dwellinghouses to be erected on the site shall be submitted to, and approved in writing by, the Planning Authority. Reason: These details have not been submitted. 7. Prior to the occupation of each dwellinghouse hereby permitted, all boundary treatments associated with the dwellinghouse, approved under the provisions of condition 6 shall be erected; Reason: To safeguard the amenity of future residents. 8. That before any development of the site commences a scheme of landscaping shall be submitted to and approved in writing by the Planning Authority ; the scheme shall include:- (a) details of any earth moulding and
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Renfrewshire Council Planning & Climate Change Policy Board Page 12 hard landscaping, grass seeding and turfing; (b) a scheme of tree and shrub planting, incorporating details of the number, variety and size of trees and shrubs to be planted; (c) an indication of all existing trees and hedgerows, plus details of those to be retained, and measures for their protection in the course of development, and (d) details of the phasing of these works. Reason: In the interests of the visual amenity of the area and to avoid endangering the safe movement of aircraft and the operation of Glasgow Airport through the attraction of birds and the increase in the bird hazard risk of the application site. 9. That prior to occupation of the last dwellinghouse within the development hereby permitted, all planting, seeding turfing and earth moulding included in the scheme of landscaping and planting, approved under the provisions of Condition 8 above, shall be completed; and any trees, shrubs, or areas of grass which die, are removed, damaged, or diseased within 5 years of the completion of the development, shall be replaced in the next planting season with others of a similar size and species. Reason: In the interests of amenity. 10. No development shall take place until full details of soft and water landscaping works have been submitted to and approved in writing by the Planning Authority. Details must comply with advice note 3 "potential bird hazards from amenity landscaping and building design" (Available at www.aoa.org.uk/publications/safeguarding.asp). No subsequent alterations to the approved landscaping scheme are to take place unless submitted to and approved in writing by the Planning Authority in consultation with Glasgow Airport. The scheme shall be implemented as approved thereafter. Reason: To avoid endangering the safe movement of aircraft and the operation of Glasgow Airport through the attraction of birds and an increase in the bird hazard risk of the application site. 11 Before development commences on site, mitigation measures for mine entry 242661-003 shall be submitted to, and approved in writing by, the Planning Authority. (Which shall also include details of restrictive fencing and any landscaping). The approved measures shall then be implemented before any dwellinghouse is occupied. Reason: To ensure the mine entry mitigation measures are implemented precisely. 12 That before development commences on site, a phasing plan for the development of the site shall be submitted to and approved in writing by the Planning Authority, (which shall include details of proposed site investigation works).
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Renfrewshire Council Planning & Climate Change Policy Board Page 13 Reason: To allow further site investigation to be carried out as works progress on site. 13. The before the first unit is occupied, the applicant shall undertake and submit a survey for written approval by the Planning Authority, that the Local Air Quality Management Objectives for the pollutants (in particular PM10 and PM2.5) specified in the relevant Air Quality Regulations, made under Part IV of the Environment Act 1995, shall not be exceeded at any location at or in the vicinity of the development where "relevant exposure" is liable to occur. In addition, the overall significance of the air quality impacts from the development shall be assessed and clearly defined within the report with mitigation proposed where required. The survey and report shall adhere to the methods and principles set out in the Scottish Government publication "Local Air Quality Management Technical Guidance LAQM.TG(16)" and the EPUK guidance document "Land-Use Planning & Development Control: Planning for Air Quality (2017)" or a method that has been agreed with the Planning Authority. The assessment should consider the introduction of new receptors into an area of potentially high particulate levels due to the proximity of the quarry. Reason: In the interests of environment and air quality. 14. That prior to the commencement of development, the applicant shall submit for the written approval of Renfrewshire Council as Planning Authority, an Arboricultural Method Statement and Tree Management and Maintenance Plan for the site. For the avoidance of doubt, the Arboricultural Method Statement shall contain details of the existing trees, shrubs, hedgerows and how the trees will be retained and protected (and measures for their protection) on site through the construction phase and future use of the site along with a comprehensive Tree Management and Maintenance Plan which will contain details on the monitoring of growth and condition of existing trees. As well as this there is the requirement for a scheme of new tree, shrub and hedge planting and grass seeding and/or turfing; measures to promote biodiversity gain at the site, the phased implementation of the proposed landscaping, and details of the management and maintenance of landscaped areas. The scheme thereafter approved shall be implemented on site in accordance with the phasing plan, and maintained thereafter in accordance with the maintenance details. Reason: To ensure that works are undertaken to a satisfactory standard in the interests of natural heritage and to ensure a suitable landscape strategy is developed for the site in the interests of visual amenity and biodiversity. Local Government (Access to Information) Act 1985 - Background Papers For further information or to inspect any letters of objection and other background papers, please contact Gwen McCracken on 07483 419705.
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