Agenda and minutes

Planning Committee (Open)
Wednesday 6 February 2019 2.00 pm

Venue: Guildhall, Derry. View directions

Items
No. Item

P20/19

Notice and Summons of Meeting

Minutes:

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

P21/19

Member Attendance and Apologies

Minutes:

The Head of Planning took the roll call and apologies were recorded from Councillor R McHugh.

 

P22/19

Declarations of Member's Interests

Minutes:

Councillor D Kelly declared an interest in planning application LA11/2018/1140/F listed under Agenda Item No. 12: Decisions Issued.

 

Chairperson's Business

P23/19

Planning Applications withdrawn from the List with Recommendation for Decision

Minutes:

LA11/2017/1132/F – Change of use from dwelling to 4 No. apartments at 24 Coshquin Road, Derry.

 

The Chair advised that a site visit request had been received and the above application was deferred on those grounds.

 

LA11/2018/0698/O – Proposed erection of dwelling and domestic garage adjacent to and south east of 61 Woodend Road, Strabane.

 

The Chair advised that a site visit request was received  and the above application was deferred from the schedule for those reasons.

 

P24/19

Planning Meeting Schedule

Minutes:

The Head of Planning confirmed the dates of forthcoming Planning    Meetings:

·           LDP discussion meeting, Friday 8 February 2019 at 9.45am, Harbour House

·           Special Planning Committee Meeting, Thursday 14 February 2019 at 1.30pm, Guildhall, Derry

·           Monthly Planning Committee Meeting, Wednesday 6 March 2019 at 2.00pm, Chamber, Strabane

·           Monday 25 March 2019 at 2.00pm, Chamber, Strabane (April Meeting)

Councillor Logue took the opportunity to remind Members of the importance to confirm their attendance at all meetings and training sessions.  She referred to a recent training session whereby it was poorly attended by Members.  She said that this was not good practice in terms of cost effectiveness and time management for the Officers facilitating the event.

 

P25/19

Confirmation of the Open Minutes of the Planning Committee held on Wednesday 9 January 2019 pdf icon PDF 107 KB

Minutes:

The Open Minutes of Planning Committee meeting held on Wednesday 9 January 2019 (P01/19-P16/19) were confirmed and signed by the Chairperson.

 

P26/19

Matters Arising

Minutes:

There were no matters arising from the minutes.

P27/19

Planning Applications List with Recommendation for Decision pdf icon PDF 45 KB

Additional documents:

Minutes:

RECONSIDERED APPLICATIONS

 

              

J/2012/0069/F - Service road development linking 13 Derry Road with Ingleside Drive, including a mini roundabout on the Derry Road. (Notification re: amended roads plans, Construction Dust Assessment, Noise Assessment and Drainage Assessment) at site adjacent to including and to the rear of 13 Derry Road, Strabane.

 

The Head of Planning presented the above legacy application details of which had been previously circulated to Members.  She advised that in light of late information received it was necessary to defer a decision to allow for further consultation with DfI (Roads).    

             

Councillor Logue moved, seconded by Councillor Hastings to defer the above application to allow for consultation with DfI (Roads).

 

The Committee

Resolved       that planning application J/2012/0069/F be deferred and presented at a future meeting, preferably the Planning Committee Meeting to be scheduled in June 2019.

 

LA11/2017/0764/F - Change of use to 39 Shipquay Street to provide extension to approved amusement arcade (A/2014/0314/F) at 1-2 Bank Place at 39 Shipquay Street, Derry.

LA11/2017/0763/LBC - Change of use to 39 Shipquay Street to   provide extension to approved amusement arcade (A/2014/0314/F) at 1-2 Bank Place at 39 Shipquay Street, Derry.

 

The Head of Planning presented the above applications, details of which had been previously circulated to Members.  She advised that the applications were returned to Committee following the presentation at the previous Planning Committee Meeting, whereby Members voted not to accept the Officer recommendation to approve permission.  She said that Officers considered the opinions of Members, however remained of the professional opinion to retain the recommendation to approve the applications.

 

The Members received speaking rights from Ms Kirsty Mairs, who outlined reasons to object to the recommendation to approve planning permission.

The Head of Planning clarified for Councillor Logue that Historic Buildings and Monuments were satisfied that the integrity of the building would be protected. 

 

Councillor Jackson referred to PPS5 wherein it stated that the Department recognized that town centre management can contribute to the vitality and viability of town centres by generating civic pride and giving confidence to investors and retailors.  He said that this   type of re-development located within the commercial core of the City in his opinion did not meet the policy criteria.

 

The Head of Planning advised that there was no indication within the PPS5 policy that this particular change of use was not appropriate within town centres or settlements. 

 

Councillor Reilly referred to the DCAN 1 (1983) supplementary guidance on Amusement Centres as outlined within the report.  He said that the application was contradictory to the guidance because the building was located adjacent to residential property and to an area of historic interest namely the Derry City Walls. 

 

Discussion ensued after which Councillor Logue moved, seconded by Councillor Reilly not to support the recommendation to approve planning permission due to the following planning refusal reasons:  1. Contrary to DCAN1; 2. Proliferation of amusement arcades; 3. Listed Building concerns on City Walls. 

 

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

 

The Committee         

 

Resolved     that  ...  view the full minutes text for item P27/19

P28/19

Anaerobic Digesters in the DCSDC Area pdf icon PDF 44 KB

Minutes:

The Principal Planning Officer presented the above report, a copy of which had been previously circulated to Members. She advised that the purpose of the report was to update Members on the above subject matter and to provide details regarding the processing of planning applications for Anaerobic Digesters in Derry City and Strabane District Council Area.

Councillor Hastings commented that he felt this issue had been passed around different Committees. He added that whilst he had no issue with the matter being dealt with by the Environment and Regeneration Committee, he felt that there were certain questions in relation to Planning Policy that the Officers of Environment and Regeneration could not answer.

The Head of Planning Performance and Improvement stated that he appreciated the difficulty Councillor Hastings had highlighted. However, he felt that the Planning Committee must be protected from possible issues surrounding the validity of the decision making process that could arise, given the fact that addressing the issue within the Planning Committee would require specific applications to be discussed.

Alderman Bresland highlighted issues with inappropriate materials being used within the digesters and odours which occurred as a result of this.

Councillor Dobbins raised concerns that Elected Members who served on both the Planning and Environment and Regeneration Committees could develop Conflicts of Interest in relation to this issue.

Councillor D Kelly concurred with Councillor Dobbins remarks.

In response to a query from Councillor D Kelly, the Head of Planning clarified that the topic of renewable energy had been included within the Local Development Plan Discussions, with separate policies being compiled for Solar Energy and Anaerobic Digesters. She gave her reassurance that these issues would be considered within the new Policies.

In response to concerns raised by Councillor Reilly, the Lead Legal Services Officer explained that dealing with the issue within the Environment and Regeneration Committee would be the less vulnerable option for Elected Members.

Councillor Hastings agreed that the Environment and Regeneration Committee would be the more appropriate place for members to discuss the matter.

In response to questions from Councillor McGuire, the Principal Planning Officer clarified that planning applications required waste codes to be supplied for the materials used to fuel Anaerobic Digesters, if these were indeed waste materials.  She also advised that applications would need to specify where the materials are to be from and going to, as this would be important to assess, for example, traffic generation.  Additionally, she clarified that the policy did not require a business case to be provided for a planning application for an Anaerobic Digester but it could be considered by the officer if one was submitted.

Councillor D Kelly expressed his horror that despite these requirements, he still came across issues where users had deviated from appropriate waste codes. He stated that a better and more detailed understanding of the issue was required.

The Committee

Recommended       that Council note the update regarding Anaerobic Digesters and the issue is dealt with by the Environment and Regeneration Committee.

 

P29/19

Appeals Update pdf icon PDF 36 KB

Additional documents:

Minutes:

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

Councillor Logue expressed her disappointment that application LA11/2017/0242F had been allowed.

The Committee         

Recommended       that Council note the contents of the report.

 

P30/19

Planning permission granted by DfI for Gronan Wind Farm pdf icon PDF 34 KB

Minutes:

The Principal Planning Officer presented the above report, a copy of which had been circulated to Members. She advised that the purpose of the report was to advise Members that the Department for Infrastructure had granted planning permission for a Wind Farm consisting of 4 wind turbines each with a maximum overall base to blade tip height of 125 meters at Golandun Dolan, Killeter, Castlederg.

The Committee

Recommended       that Council note the contents of the report.

 

P31/19

NI Planning Statistics 2017/18 - Development Management Performance Update pdf icon PDF 37 KB

Minutes:

The Head of Planning presented the above report, a copy of which had been previously circulated to Members. She advised that the purpose of the report was to update and advise Members that on 20 December 2018, the Department for Infrastructure Northern Ireland Planning Statistics- 2017/18 Annual Statistical Bulletin was released and provide an update on planning statistics/targets.

Councillor Hastings thanked the Head of Planning for the report and credited Council staff for their work. He expressed his delight to see development and commented on the positive effect it would have on Council’s penny product.

Councillor Dobbins echoed this sentiment and commented on the good relationship between Councillors and Officers.

Alderman McClintock and the Chair concurred with these comments.

Councillor D Kelly praised the Planning Department for the progress made, particularly for the achievements highlighted within paragraphs 3.1 and 3.6 in the report.

The Lead Legal Services Officer also expressed his congratulations to the Planning Department.

The Committee

Recommended       that Council note the contents of the report.

 

P32/19

List of Decisions Issued - January 2019 pdf icon PDF 105 KB

Minutes:

Members noted the List of Decisions issued during the month of January 2019.