Agenda and minutes

Planning Committee (Open)
Wednesday 28 November 2018 2.00 pm

Venue: Guildhall, Derry. View directions

No. Item


Notice and Summons of Meeting


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


Member Attendance and Apologies


The Head of Planning completed the roll-call and recorded an apology from Councillor McGuire.



Declarations of Member's Interests


There were no declarations of interests received from Members.

Chairperson's Business




The Chairperson welcomed the two new Members of the Committee, Councillors Caoimhe McKnight and Sinead McLaughlin to the Meeting.


Planning Appeals Workshop


The Head of Planning Improvement and Performance advised that the Planning Appeals Workshop originally scheduled for 3 December had been postponed until the New Year.  He pointed out that due to staffing issues it had been necessary to postpone the Workshop until early January and Members would be advised of the details in relation thereto in due course.


Prehen Woods


The Lead Legal Services Officer informed Members that there had been a petition started in relation to Council’s decision regarding the Prehen Woods.  He stated that a number of press queries had been received and a subsequent statement had been issued but advised Members to contact him if they required any further information.




Withdrawal of Planning Applications


The Head of Planning advised Members that Item No 14 - LA11/2017/1103/F had been withdrawn from the process.  She further advised that in relation to Item Nos 22: LA11/2017/0764/F and 23: LA11/2017/0763/LBC an email had been received the previous week regarding the provision of additional information. However, as the information requested had not been received prior to the issuing of the agenda the two items had been removed at this stage in order to ensure that the applicant was granted the opportunity to participate fully in the process.


The Head of Planning Performance and Improvement referred to a proposal put forward by Councillor Jackson at the October Council Meeting regarding the conduct of Meetings and reminded Members of the call-in period in respect of Council Minutes during which time amendments could be made, if so required.  In any event the proposal would not come into effect until the January 2019 Meeting.




LDP Planning Policy


With the permission of the Chairperson, the Head of Planning advised that a number of dates had been agreed in respect of LDP Draft Policy discussion however she did not have any details in terms of time or location.  The approved dates were 11 and 23 January 2019 and 8 and 20 February 2019.  She referred to an LDP Steering Group meeting scheduled for 4 December2018 and added that Members of the Steering Group would receive papers in due course.


The Chairperson advised that item 19 would be considered after item 7


The Chairperson referred to additional information received from CFC Interiors in support of item LA11/2018/0296/A which had been circulated for Members’ information.




Confirmation of the Open Minutes of the Planning Committee held on Wednesday 7 November 2018 pdf icon PDF 88 KB


The Open Minutes of Planning Committee meeting held on Wednesday 7 November 2018 (P184/18- P196/18) were confirmed and signed by the Chairperson.



Consultation on Transboundary Wind Farm Application- Momeen and Lettergull, Lifford, Co Donegal ( LA11/2018/0937/TBA) ( Ref 192/18)


Councillor D Kelly pointed out that Members had previously been advised that a draft response would be circulated in regards to the above.  He felt that in terms of completeness of public records a report thereon should have been included on the agenda as a matter of information for today’s Meeting.


Planning Applications List with Recommendation for Decision pdf icon PDF 51 KB

Additional documents:


Reconsidered Applications


LA11/2017/0665/RM- Proposed residential development of 241 no dwellings comprising a mix of 102 detached, 124 semi- detached and 15 apartments: associated domestic garages, new right-hand turn lane: public open space including equipped children’s play are: all associated landscaping and site and access works.  (Updated drainage assessment, further environmental Information) at lands situated to the north and east of The Beeches and north east of Old School Field, Glenshane Road , Drumahoe, Co Londonderry (lands part of H25 housing zoning in Derry Area Plan 2011).


The Head of Planning presented the above application, details of which had previously been circulated to Members. An update of the details of the application was provided and based on material consideration and in-line with planning policy a recommendation was given to approve planning permission, subject to conditions as outlined within the report.


The Head of Planning pointed out that a detailed discussion had taken place at the Pre-Determination Hearing held on 9 November 2018 and she advised that only those Members who were present at the Hearing could vote on this application.


Alderman McClintock referred to considerable discussion which had taken place in relation to this application.  She pointed out that the application was for much needed housing and welcomed the fact that the developer had shown a willingness to reassure the local community by installing a second pipe.  She pointed out however that local residents were not reassured as was evident by the large number of objections and therefore she could not support the application.


Councillor Jackson acknowledged the previous speaker’s comments however he felt the PDH to have been extremely useful regarding improvements in the drainage in the area. 


Councillor Reilly concurred with the previous speaker’s comments stating that the PDH had offered the applicant, agent and members of the public additional time and opportunity to engage in the process.


Councillor Jackson Moved, Seconded by Councillor Reilly to support the recommendation and approve planning permission as outlined by the Head of Planning.


The outcome of the vote: For 7, Against 0, Abstention 1.  The proposal was carried.


The Committee


Resolved       that planning application LA11/2017/0665/RM be approved planning permission, subject to the conditions as outlined within the report.


LA11/2016/0597/F- Amendments to existing 250MW wind turbine to increase tower height from 31m to 44m and to increase blade length from 14.5m to 19.5m approximately 125m North of 41 Bunbeg Road, Strabane.


The Head of Planning presented the above application, details of which had been previously circulated to Members. An overview of the progress of the application was provided and after analysis of the facts against planning policy a recommendation was given to refuse planning permission for the application for reasons as outlined within the report.


The Members received speaking rights from Mrs McElrea, Applicant and Mr Johnathan McKernaghan, Agent and Alderman Hussey who outlined reasons in support of approving the application.


Councillor Dobbins entered the Meeting at this stage.


Councillor D Kelly referred to Section 3 2.2 on page 62  ...  view the full minutes text for item P211/18


Consultation Response to Fermanagh and Omagh District Council re: their LDP 2030 Draft Plan Strategy (PS) and Sustainability Appraisal (SA) pdf icon PDF 32 KB

Additional documents:


The Principal Planning Officer presented the above report, details of which had been previously circulated to Members.  The purpose of the report was to advise Members of the content of a proposed consultation response from this Council to Fermanagh and Omagh District Council (F&ODC) regarding the Draft Plan Strategy (PS) of its Local Development Plan (LDP).


Members welcomed the issue of the LDP PS from Fermanagh and Omagh District Council. 


Councillor Kelly stated that the approach adopted by Fermanagh and Omagh District Council was interesting in terms wind energy, infrastructure and individual landscape character areas and enquired if Council had considered such a level of departure from set government boundaries.


The Principal Planning Officer agreed that this was an interesting approach however, each Council was unique and would be adopting its own individual approach.  He acknowledged that Fermanagh and Omagh had introduced a policy of restraint in certain areas in terms of wind energy.  He advised that Derry City and Strabane District Council had undertaken a review of its landscape character areas and had considered those same issues regarding which areas were of a particular sensitivity or at capacity and looked forward to taking part in discussion thereon in the coming months to decide this Council’s approach.



In response to a query from Councillor Hastings about minerals developments policy, the Principal Planning Officer advised this Council might well wish to adopt a similar approach to Fermanagh and Omagh.  Whilst it might not be necessary to formally advise them of this Council’s approach he said they would be aware that this Council had previously expressed similar reservations about minerals licences.


In response to a further query from Councillor Hastings, the Principal Planning Officer pointed out that none of the approaches adopted by Fermanagh and Omagh District Council presented a particular difficulty for this Council and any issues of significance had been alluded to in the proposed response letter at Appendix 26.  


Subsequently the Committee


Recommended       that Members confirm that Council is content with the Representation response to the Fermanagh and Omagh District Council draft LDP PS, including onging officer liaison at informal/formal key stages of the process as the draft PS progresses to its Independent Examination and subsequent PS Adoption.




Appeals Update pdf icon PDF 40 KB

Additional documents:


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.


The Principal Planning Officer referred to item 2 on the schedule and pointed out that the Planning Appeals Commission agreed with Council’s decision that an Environmental Statement would be required in relation thereto.


Councillor Kelly raised an issued regarding Enforcement Action.


In relation to LA11/2018/0950/LDE Councillor Jackson raised an issue regarding whether the applicant had been in contact to raise concerns regarding the lack of contact with Planning Officers.


The Head of Planning advised that any issues of concern which the applicant might have could be addressed through the Appeals process.


The Committee


Recommended       that Council notes the update report on planning appeals.




List of Decisions Issued - November 2018 pdf icon PDF 88 KB


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