Agenda and minutes

Reconvened Meeting from 1 July 2020, Planning Committee
Thursday 2 July 2020 2.00 pm

Venue: Guildhall, Derry. View directions


No. Item


Notice and Summons of Meeting

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



Member Attendance and Apologies

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The Head of Planning completed the roll call and apologies were                              recorded from Councillor Gallagher, Councillor J Barr and Councillor               Dobbins.



Statement for Remote Meetings

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The Chair read the Statement for Remote Meetings.


Declarations of Member's Interests

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There were no Declarations of Interest from Members.

Open for Decision

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Chairperson's Business

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Late Items Received

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The Head of Planning referred to late items received in respect to the                      following applications.  She advised that Members would be given the              opportunity to review the information prior to the Officer’s                                       presentation of the application later in the meeting:



·         LA11/2018/0130/F

·         LA11/2018/0133/F


                        Councillor Harkin joined the meeting.



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

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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 P84/20

Open for Information

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Planning Appeals Update pdf icon PDF 101 KB

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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.  A                                    background table was included to identify the current status of any live                 appeals and any decisions made since the previous meeting and an                                update on the PAC procedures following the Covid-19 restrictions.

                        Members noted for information the Planning Appeals update.



Update on correspondence re. Planning Application LA11/2017/0510/F - Proposed retention of underground slurry collection chamber, proposed pipework, safety fence and landscaping at lands approx, 40m west of 2a Evish Road, Strabane

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The Head of Planning referred to the above correspondence previously                   circulated to Members for information.  She invited them to seek                             further clarification on the issue if they so wished.

                        Councillor McGuire stated that it was imperative that a letter be sent to                   the relevant Minister, in-order for an immediate decision to be reached              in relation to the above outstanding planning application.

                        Councillor Kelly referred to the response received from the Chief                               Planner (DfI) (dated 23 June 2020) and specifically to the statement that                  referred to providing Council with an opportunity to assess the matter                in an open and transparent manner.  He said that he rejected such a             comment as this alluded to the Committee underperforming when                               dealing with applications.  He said that he was utterly shocked by the                     language used by the Senior Official in that regard as the Planning                           Committee conducted all business in an open and transparent manner. 

                        He further expressed concern that the Department decided to withdraw                  Article 17 of the Planning Order (NI) 2015, because the application did                    not merit intervention by the Department.  He also referred to the                                 request for a further Pre-determination Hearing (PDH) and expressed                  further concern that such action would create a precedent when                            dealing with third party complaints in the future and this had the                                     potential to cripple Councils throughout the North.  He said that he                         would not be supportive of the advice provided by the Department.

                        The LLSO advised that a legal opinion was currently being sought on                       the matter in        question and the response would be presented to                                Members for review.  He further advised that if Members were in                              agreement it may be more appropriate to bring the issue to the                                attention of the relevant Minister at that stage, together with concerns                    in relation to the terminology used by the Chief Planner in the                               correspondence to Council.

                        The Head of Planning advised that it may be beneficial if a response                        was submitted to the Minister at this stage to highlight the concerns of               Members in relation to the terminology used in correspondence                                    received from the Department (dated 23 June 2020).

                        Councillor Kelly stated that he was content for the concerns of                                  Members to be formulated in a combined response to the relevant                          Minister in going forward.



List of Decisions Issued - June 2020 pdf icon PDF 99 KB

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The List of Decisions Issued during the month of June 2020 were noted                   by Members for information.


The meeting went into confidential business.