Agenda and minutes

Planning Committee (Open)
Wednesday 5 September 2018 2.00 pm

Venue: Council Chamber - Strabane Council Offices. View directions

Items
No. Item

P138/18

Notice and Summons of Meeting

Minutes:

 

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

 

 

 

                                                       

P139/18

Member Attendance and Apologies

Minutes:

The Head of Planning completed the roll call, apologies were recorded for Councillor Dobbins.

                       

 

P140/18

Declarations of Member's Interests

Minutes:

Councillor Reilly declared an interest in Agenda Item No. 19:  Prehen Revocation

Chairperson's Business

P141/18

Late Items Received

Minutes:

The Head of Planning reported that late information was received in relation to the following applications for decision and Members would be afforded the opportunity to review the information prior to the presentation of same later in the meeting:

 

No. 1:  LA11/2016/0854/O – Improvements to existing access to original dwelling at 154 Culmore Road, Derry.

 

No. 2: LA11/2015/0651/F – Construction of 2 No. turbine extensions to existing Monnaboy Wind Farm

 

No. 4: LA11/2017/0665/RM – Proposed residential development of 241 No. dwellings – Drumahoe

 

No. 8: LA11/2017/0203/F – Proposed retention of temporary vehicular access Altiskane Town Parks, Strabane

 

No. 13: LA11/2018/0334/F – Demolition of existing dwelling and erection of housing development – 64 Prehen Road

 

No. 18: Prehen Revocation

 

P142/18

Site Visit Deferral

Minutes:

LA11/2018/0244/O

The Chair agreed to a request for a site visit by Councillor McGuire for the above planning application.

 

LA11/2018/0260/O

The Chair agreed to a request for a site visit by Alderman McClintock for the above planning application.

P143/18

Agenda Item No.19 Prehen Revocation

Minutes:

The Lead Legal Services Officer advised that the above item presented on the agenda under confidential business, would be discussed in open business later in the meeting.  Furthermore, he added that Item No. 18: Revocation Orders – Legal Advice would be discussed in confidential business, prior to Members making a decision on Item No. 19.

P144/18

RTPI- Planning Conference

Minutes:

Members noted that the Chair would attend the above conference on Tuesday 11 September 2018 in Belfast. 

P145/18

Audio Recording

Minutes:

The Head of Planning Performance and Improvement reported that there was a technical issue with the recording of the Planning Committee meetings held in the Guildhall on 6 June and 4 July 2018.  The problem was subsequently resolved and the recording facility was now fully operational again.

 

P146/18

Judicial Review

Minutes:

The PPO updated the Committee of the dates for the hearing for the ongoing judicial review for tourism accommodation at Glenshane Road, Lismacarrol. The dates scheduled are 17 and 18September 2018 in the High Court, Belfast.

P147/18

Confirmation of the Open Minutes of the Planning Committee held on Wednesday 4 July 2018 pdf icon PDF 71 KB

Minutes:

The Open Minutes of Planning Committee Meeting held on 4 July 2018 (P114/18-P131/18) were confirmed.

 

P148/18

Matters Arising

Minutes:

There were no matters arising from the Minutes.

P149/18

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

Additional documents:

Minutes:

RECONSIDERED APPLICATIONS

LA11/2016/0854/O - Improvements to existing access to original dwelling at 154 Culmore Road and Site for new dwelling and garage in side garden of 154 Culmore Road, with new access to Culmore Road at 154 Culmore Road, Londonderry, BT48 8JH.

 

The PPO presented the above application, details of which had been previously circulated to Members. She provided an outline of the history to the application and based on material consideration and in line with planning policy, continued to recommend a refusal for reasons as outlined within the report.

 

Councillor Jackson moved, seconded by Councillor McCauley to support the recommendation as outlined by the PPO.  The outcome of the vote was For; 11, Against 0, Abstention 2.  The proposal was carried.

 

The Committee

Resolved       that planning application LA11/2016/0854/O be refused planning permission for reasons as outlined within the report.

 

LA11/2015/0651/F - Construction of a 2No. turbine extension to the existing Monnaboy Wind Farm (consented under planning reg. ref A/2009/0868/F); each turbine will have a hub height not exceeding 80M and blade diameter not exceeding 82.4M, associated access tracks, underground cabling, temporary construction compound, associated works and use of the existing passing bays along the Monnaboy Road and the Dunlade Road.

The PPO 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 material consideration and in line with planning policy recommended that an approval be granted, subject to the conditions as outlined within the previous report. 

The PPO also referred to the provision of refusal reasons should Members decide not to support the recommendation.

The Members received speaking rights from Ms McMenamin in objection to the application.

Councillor D Kelly referred to the refusal reason regarding NI Renewable Energy targets.  He commented that it was alarming to note recently that despite the fact that DCSDC had exceeded in meeting the renewable energy targets in comparison to other Councils, the Department had failed to recognise the achievement by not disclosing the league tables to the media.

The Head of Planning advised that the Officer team had taken on board the issues and comments raised by Members at the previous meeting and endeavoured to reflect this within the suggested refusal reasons.  She stated however, that she was not convinced that the No. 3 refusal reason was robust in terms of challenge at an appeal but it was clearly a matter for Members.

Discussion ensued after which Councillor McGuire moved, seconded by Councillor Jackson not to accept the recommendation to approve planning permission.  The outcome of the vote; For 11, Against 0, Abstention 2.  The proposal was carried.

The Committee

Resolved   that planning application LA11/2015/0651/F be refused planning permission for reasons as outlined within the report.

SITE VISIT DEFERRALS

LA11/2015/0518/F - Amendment to Wind Turbine planning approval J/2009/0340/F. Erection of a wind turbine - Change in hub type from 30M to 40M and change in rotor diameter from 26M to 54M at lands 260M South  ...  view the full minutes text for item P149/18

P150/18

Prehen Revocation pdf icon PDF 52 KB

Additional documents:

Minutes:

The Lead Legal Services Officer presented the above report, details of which had been previously circulated to Members. The purpose of the report was to seek Members confirmation as to whether or not they wished to proceed with the part revocation of two Planning Applications at land at Prehen; A/2005/1166/F and A/2010/0203/F.

The Lead Legal Services Officer reported that for reasons as outlined within the report, it was recommended that Members do not proceed with revocation.

Mr Kennedy, agent on behalf of the applicants addressed the Committee and outlined reasons not to support revocation of both applications. 

Members received speaking rights from representatives of Prehen Woodland Society, who outlined reasons to support revocation of both applications.

Councillor Logue commented that she was familiar with the case and unfortunately due to the lack of decision making by the Department over previous years, the application had been inherited by this Council, together with numerous planning applications and it raised the question as to the lack of efficiency by the Department.

She referred to the Davis report and agreed that there was evidence to suggest that the Planning process was open to criticism.  She added that whilst she acknowledged the stress endured by the applicants and the representatives from the Prehen Woodland Trust over the years, it was the responsibility of Council to make a decision today.

The Lead Legal Services Officer reminded Members of the need to take a decision on the basis of expediency, taking into account the Derry Area Plan.

Discussion ensued after which Councillor Logue moved, seconded by Councillor McGuire to support the recommendation as outlined within the report.

The outcome of the vote; For 10, Against 2.  The proposal was carried.

The Committee

Resolved       that Council agree not to proceed to confirm the Part Orders for Revocation in respect of applications: A/2005/1166/F and A/2010/0203/F on the grounds that, giving particular weigh to the views of the PAC, it has not been established that it is expedient to do so in the particular circumstances of this case having regard to the Derry Area Plan.

Alderman McClintock left the meeting at this stage.

Councillor Reilly returned to the meeting at this stage.

 

P151/18

Consultation Response to Causeway Coast and Glens Borough Council re: Their LDP Preferred Options Paper (POP) and Interim Sustainability Report (SA) pdf icon PDF 40 KB

Additional documents:

Minutes:

The PPO 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 Causeway Coast and Glens Borough Council regarding the Preferred Options Paper (POP) for its Local Development Plan (LDP).

Councillor D Kelly moved, seconded by Councillor Logue to support the recommendation as outlined within the report.  The outcome of the vote was unanimous support of the proposal. 

The Committee

Recommended       that Members agree to confirm that this Council is content with the response and the course of action for continued co-operation with Causeway Coast & Glens Borough Council, including ongoing Officer participation in the ‘Adjoining Councils Stakeholder Group’ and ongoing liaison at informal/formal key stages of the process.

 

P152/18

Meenbog Windfarm Approval - Donegal pdf icon PDF 46 KB

Additional documents:

Minutes:

The PPO presented the above report, details of which had been previously circulated to Members.  The purpose of the report was to advise Member that DFI wrote to the Head of Planning on 3 July 2018 to advise that An Bord Pleanála has issued a notification of decision to approve planning permission for Meenbog Windfarm in Donegal.

 

The Committee

Recommended       that Council notes for information the above report.

 

P153/18

Appeals Update pdf icon PDF 45 KB

Additional documents:

Minutes:

The PPO presented the above report, details of which had been previously circulated to Members.  The purpose of the report was to appraise Members on planning appeals currently in the system.

 

Barr Cregg Windfarm Appeal Update

The PPO provided Members with an update on the Barr Cregg Windfarm appeal that was not included on the report.  She reported that the PAC had dismissed the appeal but it was subject to a Judicial Hearing and the decision was quashed.  The appeal was reopened and due to be reheard in October 2018.  A further paper would be presented to Members in October.

 

Councillor Logue stated that it was important for Members to become familiar with the Planning Appeals process and a refresher training opportunity would be welcomed.

 

The Head of Planning Performance and Improvement in response to the previous speaker, suggested that a training workshop be co-ordinated in that regard.

 

The Committee

                        Recommended       i) that Council notes the update on                                          planning appeals currently in the                                             system.

                                                            ii) that a training workshop be co-                                           ordinated for Members so to assist                                           them in the decision making                                                     process.

 

P154/18

List of Decisions Issued - July and August 2018 pdf icon PDF 105 KB

Additional documents:

Minutes:

Members noted for information the List of Decisions issued during the period July and August 2018.