Agenda and minutes

Planning Committee
Monday 25 March 2019 2.00 pm

Venue: Derry Road, Strabane

Items
No. Item

P54/19

Notice and Summons of Meeting

Minutes:

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

P55/19

Member Attendance and Apologies

Minutes:

The Head of Planning completed the roll call. Apologies were received from Alderman Kerrigan and Councillor Dobbins.

 

P56/19

Declarations of Member's Interests

Minutes:

Councillor Reilly declared a personal and prejudicial interest in application number LA11/2016/0422/O. He stated that he lived adjacent to the location of the application and had been lobbying for improvements for many years.

 

Chairperson's Business

P57/19

Late Information Received

Minutes:

The Head of Planning informed Members that late information had been received. She advised that Members would be allowed time to review this information before discussion of the applications commenced. She detailed the information as follows:

 

A/2014/0086/F- An email from Mr Taggart, Taggart Design had been received in support of the application. This email included a submission from Karen McShane, Kevin McShane Ltd Transport Consultants and a request from Mr Taggart for deferral of the application.

 

A/2008/0236/O – An email from Mr Burke, O’Connor Burke Architecture including a statement in support of this application. The Head of Planning informed Members that Ms L McWilliams, Department for Infrastructure- Roads (DfI Roads) was in attendance and could answer questions on this application.

 

LA11/2019/0012/F and La11/2018/0929/F- An email and attached letter from Dickson and McNulty Solicitors, on behalf on Mr O’Kane had been received in objection to the application.

 

In response to a question from Councillor Jackson regarding application A/2014/0086/F, the Head of Planning clarified that only an Elected Member could request deferral of an application.

 

P58/19

Running Order of Applications

Minutes:

The Chair confirmed the running order for applications during the meeting. He advised that the applications which had indicated speakers would be presented first.

 

Following a request from Councillor McKnight, the Chair confirmed that application LA11/2018/0841/RM could be presented earlier in the meeting than originally planned.

 

P59/19

Point of Clarification

Minutes:

The Head of Planning referred to an issue surrounding Hydro schemes raised by Councillor Hastings at a meeting of the Planning Committee held on 6 March 2018.

 

She clarified that this item had been dealt with in Committee, had followed appropriate planning protocol and had not been delegated.

 

P60/19

Planning Applications List with Recommendation for Decision pdf icon PDF 50 KB

Additional documents:

Minutes:

RECONSIDERED APPLICATIONS FOLLOWING SITE VISIT

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). Lands adjacent to Rossdowney Road and Crescent Link Junction.

 

The Head of Planning presented the above application, details of which had been previously circulated to Members. She provided a brief update on the status of the application and advised that further consultation had taken place with DfI Roads on the 10 March 2019. She further advised that after material consideration and in line with planning policy, the Officer’s recommendation remained to refuse planning permission for reasons as outlined within the report.

 

Mr T McIvor, MCI Development addressed the Committee. The main purpose of his address was to seek a deferral of the application from      the Committee.

 

The Chair clarified that proposals of any deferral could only be received from Elected Members of the Planning Committee.

 

Councillor Jackson reminded Members that the Planning Committee had recognized issues of road safety within the application when it was first presented. He explained that Members’ concerns were forwarded for consultation with DfI Roads and after consultation reports from Transport NI had justified these concerns. He stated that whilst he had no issue with a deferral being granted, he would have issue if road safety concerns were ignored.

 

Mr McIvor responded that whilst he appreciated that Council had safety concerns, he would like the opportunity to fully review all papers associated with the application as he had only recently taken over this application.

 

MsMcShane, Kevin McShane Ltd Transport Consultants, addressed the Committee in support of the application.

 

Alderman McClintock expressed she would not support a deferral at this stage. She stated that assumptions had been made that an approval may have been granted had there not been a site visit and highlighted that she felt any petrol station on the site would have significant footfall and would add to the traffic congestion on the road.

 

Councillor Jackson highlighted the impact the application could have on the likelihood of accidents occurring in the area given that there were already areas of safety concern on the Crescent Link.

 

In response, Ms McShane explained that only a very small proportion of the cars travelling on the Crescent Link would make the right hand turn into the petrol station. She advised the modelling example which she had carried out had indicated that the application would have little impact on the risk of accidents in the area.

 

In response to a question from Councillor D Kelly, Ms McShane advised that there would be no retail unit on the site and that fuel sales for coal would be scaled back.

 

Councillor McGuire advised that no agents are allowed at site meetings.

 

In response to a question from Councillor D Kelly, Ms McWilliams (DfI Roads) advised that a closer look at  ...  view the full minutes text for item P60/19

P61/19

LDP (Local Development Plan) Project Workplan Update pdf icon PDF 36 KB

Minutes:

LDP (Local Development Plan) Project Workplan Update

The Principal Planning Officer presented the above report, a copy of which had been previously circulated to Members. He advised that the purpose of the report was to update Members on the current situation with the preparation of the Council’s Local Development Plan (LDP 2032) and to get Members’ agreement to the proposed Workplan for the remainder of Stage 2a, including conclusion of the series of Local Development Plan Discussion Meetings.

The Head of Planning Performance and Improvement clarified for Members that the intention was to present the LDP draft Plan Strategy at Council meeting in September 2019 and for publication in October 2019.

Councillor Hastings moved, seconded by Councillor D Kelly to agree on the recommendation as outlined within the report.

The Committee

Recommended       that Council agree to the proposed revised Stage 2a workplan, particularly to commit to completing the schedule of LDP Discussion Meetings after the PURDAH period, plus Special Meetings of the Planning (LDP) Committee – if deemed necessary , up to finalisation of the draft LDP Plan Strategy (dPS).

 

P62/19

Confirmation of Tree Preservation Order at 66 Culmore Road, Derry pdf icon PDF 52 KB

Additional documents:

Minutes:

The Principal Planning Officer presented the above report, a copy of which had been previously circulated to Members. He advised that the purpose of the report was to seek Members’ agreement to confirm a Provisional Tree Preservation Order with Modifications on lands at 66 Culmore Road, Derry.

 

Councillor D Kelly asked if this matter needed to come before Committee and perhaps could be dealt with under the delegated scheme.  The Head of Planning Performance and Improvement undertook to review this and bring an amendment to the scheme to a future meeting for consideration if necessary.

 

Councillor Hastings moved, seconded by Councillor Jackson to agree the recommendation as outlined in the report.

 

The Committee         

 

Recommended       that Council agree to the confirming of the TPO with the stated modifications.

 

P63/19

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.

 

The Committee

 

Recommended       that Council note the update on the appeals.

 

P64/19

Invitation from Planning Appeals Commission (PAC) to Provide a Public Information Session on the Procedures for Independent Examination for the LDP (Local Development Plan) pdf icon PDF 29 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 Members on an invitation from the Planning Appeals Commission (PAC) to Council to provide a public information session within our Council area on the procedures for Independent Examination for the LDP.

 

The Committee

 

Recommended       that Council notes the PAC’s offer of holding a public information session has been accepted in principle and agree to it being held at date close to the publication of the draft Plan Strategy and at a location within our Council Area.

 

Alderman Bresland left the meeting at this stage.

 

P65/19

List of Decisions Issued - March 2019 pdf icon PDF 93 KB

Minutes:

Members noted the list of decisions issues during the month of March 2019.

 

P66/19

Messages of Appreciation

Minutes:

 

The Chair referred to it being the final Committee meeting before the pre-election purdah period would begin for the Local Government Elections in May 2019.  He thanked the Head of Planning and her Team for their input into the smooth operation of the Committee meetings thus far.  He also thanked the Members for their support and wished them well in the Elections.

 

Councillor Jackson on behalf of his party thanked the Chair for conducting his role in a fair manner.  He also thanked the Planning Officer team for their assistance.

 

Alderman McClintock on behalf of her party echoed the sentiments    expressed by the previous speaker.  She said that there was a good working relationship between the Members and the Planning Officer team since the transfer of Planning to Council despite the steep learning curve experienced by Members.

 

Councillor Hastings on behalf of his party also thanked the Chair for the way in which he conducted the meetings.  He referred to the high number of planning applications that were processed over the previous four years and said that everyone involved deserved to be congratulated for their achievements.

 

Councillor D Kelly also added his words of congratulations to the Chair and said that his role as Deputy Chair was made very easy.  He said that the Chair was most knowledgeable on planning issues.  He agreed with the previous comments that it was a steep learning curve for everyone involved in the process, however it had been an incredible period in terms of the planning business that was progressed.  He expressed his appreciation to the Planning Team for the huge amount of work that        had been achieved since the transfer of powers to Council in 2015.

 

The Head of Planning Performance and Improvement thanked the Members for their words of appreciation to the Planning Team.  He also expressed appreciation to the Members for their dedication and           commitment despite the lengthy meetings that took place. He wished them well in the forthcoming Elections in May 2019.