Agenda and minutes

Planning Committee (Open)
Wednesday 3 October 2018 2.00 pm

Venue: Guildhall, Derry. View directions

Items
No. Item

P162/18

Notice and Summons of Meeting

Minutes:

The Head of Planning read the Notice and Summons for the Meeting.

 

 

P163/18

Member Attendance and Apologies

Minutes:

The Head of Planning completed the roll-call and recorded apologies for Councillor Reilly.

 

P164/18

Declarations of Member's Interests

Minutes:

Councillor Robinson declared an interest in planning application LA11/2017/0261/F.

 

Councillor Jackson declared an interest in planning application LA11/2018/0260/O.

 

 

Chairperson's Business

P165/18

Creggan Burn Park

Minutes:

The Chair referred to comments raised at a previous Council meeting in relation to the planning application for housing in Creggan Burn Park.  He said that whilst he understood that supporters of the application may have been disappointed with the outcome, the way this was expressed was unacceptable and bordered on intimidation.

 

He referred to letters that named him as being responsible for the prevention of new homes in the Glen which were delivered to a number of his relatives in the area including his daughter and sister.

 

  He stated there was an orchestrated social media campaign against Members of this Committee and protests had taken place outside the offices of the SDLP and DUP.  He further stated that Members of the Planning Committee did not adhere to party positions and therefore protests at party offices was futile and wrong on this occasion.

 

  The Chair said that he took his role on the Planning Committee seriously.  He said that initially he was reluctant to speak about the matter, however when collective judgement and integrity was being questioned he had to address the issue.

 

P166/18

Pre-Determination Hearing

Minutes:

The Head of Planning referred to planning application LA11/2017/0665/RM and informed Members that a Pre-Determination Hearing would be scheduled in due course. 

 

P167/18

Planning Application A/2014/0086/F

Minutes:

The Chair advised Members that Councillor Dobbins requested a site deferral on the above application to allow for the site visit request which had been granted by the Chair following discussion with the Head of Planning.

P168/18

Late Information Received

Minutes:

The Head of Planning reported that late information was received in relation to planning applications: A/2014/0558/F, LA11/2018/0260/O, LA11/2018/0244/O and Members would be given the opportunity to review the information prior to presentation by the Planning Case Officer later in the meeting.

P169/18

Confirmation of the Open Minutes of the Special Planning Committee Meeting held on Tuesday 31 July 2018 pdf icon PDF 51 KB

Minutes:

The Open Minutes of Special Planning Committee meeting held on 31 July 2018 (SP18/18-SP22/18) were confirmed with the following amendment;

 

On a point of accuracy, it was noted that on page 5 (4th paragraph) the statement was inaccurate as no risk assessment had been carried out in terms of flood risk.  

                       

The Head of Planning advised thatthe demonstration of a maintenance regime was necessary in order to address potential flood risk under Policy FLD5 of PPS15.

 

P170/18

Matters Arising

Minutes:

There were no matters arising from the minutes.

P171/18

Confirmation of the Open Minutes of the Planning Committee Meeting held on Wednesday 5 September 2018 pdf icon PDF 102 KB

Minutes:

The Open Minutes of Planning Committee meeting held on 5 September 2018 (P138/18-P154/18) were confirmed.

P172/18

Matters Arising

Minutes:

There were no matters arising from the minutes.

P173/18

Planning Applications List with Recommendation for Decision pdf icon PDF 43 KB

Additional documents:

Minutes:

The Planning Case Officers presented the following planning applications for decision, details of which had been previously circulated to Members.

 

Reconsidered Applications

 

LA11/2017/0577/F – Proposed retention of existing garden shed for use as pigeon loft at 48 Ashbrook, Strabane.

 

The Head of Planning presented the above application, details of which had been previously circulated to Members.  She provided a brief update on the background to the application based on further review of material consideration and in line with planning policy.  She reported that EHD had been reconsulted with and had advised that they were satisfied with the proposal and offered conditions.  This had significant weight on officer’s reconsideration of the case, subject to a condition raising the floor level of the loft.  She also highlighted that the objections were also taken into account and the management of birds outside the loft building was still a concern but one which is difficult in terms of management.  It was recommended to approve planning permission subject to the conditions as outlined within the report. 

 

Councillor D Kelly moved, seconded by Councillor Hastings to support the recommendation to approve planning permission.

 

The outcome of the vote was unanimous support of the proposal.

 

The Committee

 

Resolved       that planning application LA11/2017/0577/F be approved planning permission, subject to the condition as outlined within the report.  

 

A/2014/0558/F – Installation of a wind turbine with tower height of 40m and a blade span of 30m accessed via the existing laneway on lands 800m west of 7 Sheriff’s Road, Derry.

 

The Head of Planning presented the above planning application, details of which had been previously circulated to Members.  She provided an update on the background to the application and based on further material consideration in line with planning policy recommended that a refusal be upheld for reasons as outlined within the report.

 

Mr McPeake, agent addressed the Committee and outlined reasons to support approval of the above application.

 

Discussion ensued after which Councillor D Kelly moved, seconded by Councillor Gardiner that the application be deferred to allow for a site visit.   

The outcome of the vote was unanimous support of the proposal.

 

The Committee

 

Resolved       that planning application A/2014/0558/FM be deferred and presented at a future meeting.

Councillor Dobbins joined the meeting at this stage.

 

A/2014/0086/F – Redevelopment of vacant lands for an unattended 24 hour operating filling station (incorporating new canopy, 4 fuel dispensers, new underground fuel tanks, upgraded associated site works and site boundaries plus a ‘fuel cash and carry’ sales building and car wash.  (Transport assessment received) at lands adjacent to Rossdowney Road and Crescent Link Junction, Londonderry.

 

The above application was deferred to allow for a site visit request.

 

Site Visit Deferrals

 

LA11/2018/0260/O - Proposed housing development of 16 no. detached dwellings and ancillary development and associated site    works, including re-located shared entrance with City of Derry Golf Club at land approximately 40m south of the entrance to City of Derry Golf Club, 49 Victoria Road, Prehen, Londonderry.

           

Councillor Jackson declared an interest  ...  view the full minutes text for item P173/18

P174/18

Update on Barr Cregg Appeal- A/2015/0071/O pdf icon PDF 44 KB

Additional documents:

Minutes:

The Principal Planning Officer presented the above report details of which had been previously circulated to Members.  The purpose of the report was to update Members on the current position regarding the planning appeals for Barr Cregg Windfarm.  The appeals are for a 7 turbine Wind Farm in the townland of Barr Cregg – application reference A2012/0401/F and 2 associated applications for access tracks: A/2014/0112/F and passing bays A/2014/0114/F.

 

Discussion ensued after which Councillor Hastings moved, seconded by Councillor D Kelly to agree on the recommendation as outlined.

 

The Lead Legal Services Officer advised Members that following discussions with Counsel to take place on Tuesday, there may be some revision of the reasons set out in the report but that this could be addressed under the Council Scheme of Delegation which allowed him some scope in this regard.

 

The outcome of the vote was unanimous support of the proposal. 

 

The Committee

Recommended       that Council notes the contents of the above report and agree for Officers to defend the appeals for Barr Cregg Wind Farm, for the reasons as outlined in the report.

P175/18

Planning Appeals Update pdf icon PDF 31 KB

Additional documents:

Minutes:

The Principal Planning Officer presented the above report a copy of    which was previously circulated to Members.  The purpose of the report was to appraise Members on planning appeals currently in the system.

 

Member noted that a Planning Appeals workshop would be arranged in due course.

                       

The Committee

Recommended       that Council notes the update report on planning appeals

 

P176/18

Enforcement Quarterly Update (Q1) pdf icon PDF 36 KB

Minutes:

The Principal Planning Officer presented the above report details of    which had been previously circulated to Members.  The purpose of the report was to update Members on the progress made by the Planning Enforcement section for the business year 2017-2018.

 

            The Committee

Recommended       that Council notes the update on the Enforcement Performance for Q1 2018/19.

 

P177/18

List of Decisions Issued - September 2018 pdf icon PDF 153 KB

Minutes:

Members noted the List of Decisions issued during the month of September 2018.