Agenda and minutes

Planning Committee
Monday 12 April 2021 2.00 pm

Venue: remotely - Remotely. 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 took the roll call and full attendance was noted.


Statement for Remote Meeting


The Chair read the Statement for Remote Meetings.



Declarations of Member's Interests


There were no declarations of interest from Members.


Open for Decision

Chairperson's Business


Acknowledgement of the death of HRH, Prince Philip, Duke of Edinburgh


The Chair stated that he had received a request from Alderman                                 McClintock to raise a matter under Chairperson’s business and he had                      agreed to her request.  He invited Alderman McClintock to speak.

                        Alderman McClintock referred to it being the first meeting of Council                      since the sad passing of HRH, Prince Philip, Duke of Edinburgh.  She                      said that today a family was grieving and a nation and in a show of                                 solidarity she requested that Members partake in a minute silence, as a                mark of respect. 

                        Councillor Gallagher stated that whilst he understood the personal loss                   of the family he disagreed with the reference to a nation in grieving. He                       stated that the Irish nation had experienced the loss of many lives in               this country due to the establishment the Royals represented and                                    in that regard he would not participate in the minutes silence.

                        The meeting was adjourned for a minute silence.



Late Information Received


The Head of Planning referred to late information received in                                     relation to the following planning applications listed for decision.  A               copy of the information was previously circulated to Members for                          information:

§  LA11/2018/1199/F

§  LA11/2019/0936/F



Request to defer Planning Application: LA11/2018/0611/F


The Chair referred to a request received from Alderman McClintock to                     defer the above application for one month, due to late information                               received.  He sought the views from Members.

                        Alderman McClintock explained that she had made a request to defer                     the above application, because she was concerned that not enough                                time was available to the agent to review the Planning Report due to                    the Easter Holiday period and in the interest of transparency, she had               suggested a deferral for one month. 

                        The Head of Planning advised that she was content that sufficient time                    was given to all parties to review the reports that had been uploaded                  onto the system as per procedures in advance of the meeting today                  and the Agent had been informed on 1 April 2021, that the application               would be presented today. 

                        Councillor Mellon stated that whilst she had no issues in relation to a                       decision to defer the above application, she would have concern                               regarding the issue of consistency with similar applications and                           associated late information received.

                        The Chair concurred with the previous speaker.  He added that he was                     concerned about setting a precedent and hence his reason for seeking                    the views from Members.

                        Discussion ensued after which it was agreed that application                                      LA11/2018/0611/F be deferred and presented at the meeting next                            month.



Applications - Deferred and Withdrawn


The Head of Planning advised that application LA11/2018/0676/F had                   been deferred due to new amended plans received on the day of                           Committee and therefore had to be deferred inorder to consider                                  revisions, reconsult neighbours and potential statutory consultees.  The               application would be presented at a future meeting.

                        Members noted that application LA11/2018/0713/F had been                                 withdrawn from the planning system by the applicant.  



Matters Arising from the Open Minutes of the Planning Committee Meeting held on Wednesday 3 March 2021 pdf icon PDF 315 KB


There were no matters arising from the above minutes.



Planning Applications List with Recommendation for Decision pdf icon PDF 253 KB

Additional documents:


LA11/2018/0611/F – Proposed erection of infill 6 storey residential                  building containing 17 no. social housing apartments (7 no.                                     bedroom and 10 no. two bedroom) for category 1 – elderly                                    residents at land adjacent to the north of No. 19 Northland Road,                       Edenballmore, Derry.

                        It was agreed to defer the above application to allow the                                            agent/applicant to consider the Planning report.  The application would                  be re-tabled for consideration by Members at the next meeting.

                        LA11/2018/1199/F – The proposals include the widening of                                 existing path infrastructure at Bay Park, along Culmore Road,                             Culmore Point and Ardan Road to provide the 3m wide (width may                       vary) Greenway and the construction of a 3m wide (width may                                     vary as shown on the drawings) shared pedestrian and cyclist                              Greenway Path along Coney Road, as far as Culmore Country Park                  to end of scheme; the greenway is a mix of shared used                                        (carriageway/greenway) and new greenway path construction as                      shown on the drawings.  Proposals also include amendments to                         existing road kerb alignments, new road markings and signage,                 drainage, and soft landscaping, new path lighting, adjustments to                    existing road lighting and boundary treatments as shown on                           drawings.

                        The greenway commences on Bay Road (north of Bay Road                                 Business Park) and continues along the eastern boundary of Bay                       Park crosses under Madams Bank Road onto Culmore Road                              (through Boom Hall) continuing along Culmore Road from No. 47                        to No. 128 before branching off onto Springfield Road for                                    approximately 180m then turning right to run along the boundary                       of Thornhill College (approx. 54m west of Nos. 130 to 136 Culmore                    Road) and back onto Culmore Road north of No. 136.  The route                       continues along Culmore Road into Culmore Village and turns onto                  Culmore Point Road.  It branches onto Ardan Road terminating at              Hollybush Primary School and continues along Coney Road to                         border crossing at Cannings Lane.

                        The Senior Planning Officer presented the above application, details of                    which were previously circulated to Members.  An overview of the                            background to the application was provided and based on material                          consideration in line with planning policy it was recommended to                             approve planning permission subject to conditions as outlined within              the report.

                        Members accepted speaking rights from Mr J Henderson and                                    Mr D Gibbons who outlined the reasons to support approval of                               the application, after which Members were given the opportunity to              comment or seek points of clarification if they so wished.

                        Councillor Dobbins commented that whilst she supported the                                   recommendation to approve the application, she was concerned about                   the crossing point at the Magnet Bar.  She sought clarity on the reason              for the location because in her opinion it was a safety hazard for                           pedestrians and cyclists to use. She suggested that the cycle path be              extended to the existing crossing point that operated a traffic light                             system. 

Mr Gibbons clarified for Councillor Dobbins that to extend the cycle path to the existing crossing point would have resulted in the removal of the layby which provided parking for dwellings in the area.  He  ...  view the full minutes text for item P89/21


Review of the Implementation of the Planning Act (NI) pdf icon PDF 145 KB

Additional documents:


The Head of Planning presented the above report details of which were      previously circulated to Members.  The purpose of the report was to       advise Member that the Department for Infrastructure was currently        undertaking a review of the implementation of the Planning Act (NI)       (The Act) as required by section 228 of the Act.  The Department is         seeking views of interested parties, including Councils, by way of Calls         for Evidence. (deadline for response 16 April 2021).


Councillor J Boyle welcomed the report.  He agreed with the frustrations associated with the delay of applications being processed and hoped that the review would provide an opportunity to address the issues in-order to progress applications at a quicker pace.  He expressed his support of a deadline date for the submission of late information.  He however referred to the suggestion of DfI overseeing Council applications and felt that this would be of no benefit.


Alderman McClintock concurred with the previous speaker in relation          to the involvement of the Department when dealing with Council     applications.  She stated that the preference would be for decisions to             be made locally and suggested that only under exceptional    circumstances should a decision by made by the Department.  She             further welcomed the suggestion of a deadline for the submission of           late items, as referred to within the draft response. 


The Head of Planning advised Members that the suggestion of the   Department’s intervention with Council applications would only be    required on occasions when Council would have a full      interest in the            land or if a case was outside the remit of Council.  She stated that it      would be at the discretion of Council should such a mechanism be             required.  She agreed to reword the draft response accordingly.


The Head of Planning in response to Members, further agreed to raise         the suggestion of a review of Permitted Development Rights for Minerals, consideration of outline applications in context of quality of         submissions and in terms of a third party appeal the implementation            commencement of debate and consideration of a timeline in terms of     review.


The Chair highlighted the major issue throughout the region in respect       to unadopted roads and private streets and requested that this be        included within the response to DfI.  He stated that whilst DfI had no          legislative control over the issue there had to be a level of accountability from the relevant statutory agency.


                        Councillor J Boyle proposed, seconded by Councillor Kelly that the                           following recommendation as outlined within the above report be                            agreed.


The Committee


                        Recommended       that Council note the Report and                                                                      Appendices with draft response                                                                        attached and to incorporate the                                                                        additional points discussed by                                                                           Members at the meeting.



Open for Information


Planning Appeals Update pdf icon PDF 102 KB

Additional documents:


The Principal Planning Officer provided an update on the list of                                 planning appeals currently in the system.  A background table showed               the status of any live appeals and any decisions made since the                            previous meeting.


                        Members noted the Planning Appeals update report for information.



List of Decisions Issued - March 2021 pdf icon PDF 103 KB


Members noted for information the list of decisions issued during the                     month of March 2021.



The meeting went into confidential business.