Issue - meetings

Title

Meeting: 02/07/2020 - Planning Committee (Item 84)

84 Planning Application List with Recommendation for Decision pdf icon PDF 177 KB

Additional documents:

Minutes:

LA11/2019/0559/O – Dwelling and garage on the farm – 140m                           South West of 1 Kittybane Road, Newbuildings, Derry.

                        The Principal Planning Officer (PPO) presented the above application,                      details of which had been previously circulated to Members.  She                             provided an overview of the background to the application and, based                         on material consideration in line with relevant planning policy,                                recommended to refuse planning permission for reasons as outlined                   within the report.

                        Members received speaking rights from Mr Chris Cassidy, Agent who                       outlined reasons to approve the application, following which they                             sought points of clarification in relation to the proposed application.  

                        The Chair invited Members to seek points of clarification from the                            PPO if they so wished.

                        The PPO clarified for Councillor McKinney that the evidence received                       consisted of a number of receipts for work carried out on the farm                           business, however there was insufficient evidence provided to prove                 other work carried out on the farm and therefore the necessary test                              had not been met on this occasion.

            Councillor McGuire referred to policy CTY10 and said that he did not                       agree with the setting of a limit of a size of herd/flock on the farm                            holding and should not be the determining factor when assessing the                        application.

            The Chair concurred with the previous speaker.  He added that                                  discussions were held previously by Committee to ensure that the bar                     for agricultural activity was not set too high and that some level of farm                        activity be accepted.  

                        Councillor Kelly commented that it was his understanding that DEARA                     were not permitted to issue a farm business ID to a family member that                could not demonstrate a farm business arrangement.

                        The PPO reiterated that with this particular case there was no evidence                    to prove farm business due to the lack of receipts presented by the                               Applicant in order to make an assessment in line with policy.   She                                     however assured Members that if this information was forthcoming                                  the proposal would be reviewed accordingly.                                    

                        Councillor Boyle stated that it was a case of interpretation and, given                       the evidence presented, he did not believe that the application had met                         the required test.  He proposed to accept the Officer’s recommendation              to refuse planning permission for reasons as outlined within the report.                  Councillor Mooney seconded the proposal.

                        The outcome of the vote; For 1, Against 7, Abstention 3.  The proposal                    fell.

                        Alderman Kerrigan referred to the size of the plot of land in question                       and commented that it may not be farmed for silage provision.  He                                  also stated that if the applicant was operating the farm business                           together with his brother then there was the risk that receipts were                               identified by the brother’s name. 

                        The Chair suggested to Members that the application be deferred until                   the applicant provided enough evidence to prove a farm business on                 site.

                        The LLSO in response to Members advised that following the outcome                    of the previous vote, Members had the option to either overturn the                Officer’s recommendation and to approve planning permission or to               defer the application  ...  view the full minutes text for item 84


Meeting: 01/07/2020 - Planning Committee (Item 78)

78 Planning Application List with Recommendation for Decision pdf icon PDF 177 KB

Additional documents:

Minutes:

RECONSIDERED APPLICATIONS

            LA11/2018/0356/O – Site for dwelling and domestic garage        immediately south west of 92 Camus Road, Douglas Bridge 

 

            The Principal Planning Officer (PPO) presented the above application,          details of which were previously circulated to Members.  Additional       information (received as a late item) was also circulated during the         meeting and Members were given the opportunity to review the             information prior to the presentation of the application by the PPO.

 

            The PPO reported that in reconsideration of the application together           with the late information received, Officers remained of the opinion not          to grant planning permission for reasons as outlined within the report.

 

            The Chair reminded Members that only those Members present at   previous presentations would be permitted to vote.

 

            Members received speaking rights from Mr Noel O’Kane (applicant)             who outlined reasons to approve the application.

 

            Discussion ensued after which Councillor Kelly remained of the opinion       not to support the PPO’s recommendation to refuse planning            permission.    He said that having assessed the application against the        Strabane Area Plan and Rural Policy (in particular para 123.2.1), he would be of the opinion the proposal was rounding off and therefore        proposed that the application be approved, subject to the conditions as             outlined within the report.  Councillor Dobbins seconded the proposal.

 

            The outcome of the vote was unanimous support of the proposal.    (Councillors Mooney and Mellon had no voting rights on this          occasion).

 

            The Committee

 

                                    Resolved       to overturn the PPO’s recommendation                                                          to refuse planning application                                                                           LA11/2018/0356/O and for planning                                                               approval to be granted, subject to                                                              the conditions as outlined within the                                                                 report.

 

            The speakers left the meeting at this stage.

 

                        LA11/2018/1053/F – 2 No. infill dwellings under policy CTY 8 of                        PPS 21 at lands 30m South West of 67 Corrody Road, Waterside,                   Derry, BT47 2QH

The PPO presented the above application, details of which were previously circulated to Members.  She recommended that, based on material consideration in line with planning policy, a refusal be granted for reasons as outlined within the report.

 

Members received speaking rights from Mr Matt Kennedy (agent), who outlined reasons to approve the application.  Members sought points of clarification from the speaker.

 

The PPO clarified for Councillor Boyle that a revised acoustic report had been received.  She reminded Members that the application was dealt with under its own merits.

 

The PPO clarified for Councillor Dobbins that the outcome of the noise impact report submitted by the Environmental Health Department was included in the report presented.  She highlighted that the go-kart facility was not the determining factor of the recommendation.  She also clarified that the initial Roads issue regarding visibility splays had been resolved and therefore not reflected within the reasons for refusal of the application.

 

The PPO further clarified for Alderman McClintock that the role and remit of the Environmental Health Department was to ensure that noise was minimised on residential amenity.  She added that a balanced view was applied in terms of consideration of noise impact in adherence to policy and that was reflected in the recommendation presented today.  ...  view the full minutes text for item 78