Agenda and minutes

Planning Committee
Wednesday 5 May 2021 2.00 pm

Venue: remotely - Remotely. View directions

Items
No. Item

P97/21

Notice and Summons of Meeting

Minutes:

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

 

P98/21

Member Attendance and Apologies

Minutes:

The Head of Planning took the roll call and recorded apologies from                        Councillor Dobbins.

                         

 

P99/21

Statement for Remote Meeting

Minutes:

The Chair read the Statement for Remote Meetings.

P100/21

Declarations of Member's Interests

Minutes:

There were no declarations of interest.

 

Open for Decision

Chairperson's Business

P101/21

LA/11/2017/0510/F - Evish Road - Slurry Tank Retention

Minutes:

The Head of Planning provided an update on the current position                             regarding the above application.   She stated that, as Members were                         aware, a decision was made to defer issuing the application and for an               Independent Engineer’s Report to be sought following legal advice.                     She confirmed that the report was received and would be circulated to              Members for information and the application would be presented to                       Committee in due course.

Councillor Kelly referred to the lengthy time-period since the decision was made and sought clarity as to the earliest date when the application would be presented to Committee.  He also requested that the authors of the report be in attendance when the application would be presented to Committee.

                        The Head of Planning agreed to circulate the report to Members                              following the meeting today and she would endeavour to ensure that                      the application be included on the schedule for decision at the                             next meeting. 

                        The Head of Planning Performance and Improvement agreed to                                arrange for the authors responsible for the submission of the                                     Engineer’s Report to be available at the meeting also.

 

P102/21

LDP dPS Roundtable Discussion Dates

Minutes:

The Head of Planning reminded Members of the forthcoming                                    LDP Roundtable meetings to be held remotely on the following dates:

  • Friday 7 May 10am – 1pm
  • Thursday 13 May 10am-1pm
  • Friday 14 May 2pm – 5pm

 

The Chair commented that the roundtable discussions were an important element of the progression of the LDP process and therefore encouraged all Committee Members to attend the meetings.  He however referred to the timeframe of meetings and assured Members that if they felt that more time was required for the decision-making process that Council had full control over this aspect of the process and if there was a desire for additional meetings then this could be explored.

 

P103/21

Planning Appeals Decison - A/2014/0592/F - 8-10 Victoria Road (PAC Ref: 2020/A0017)

Minutes:

The Head of Planning provided an update on the Planning Appeals Decision regarding the above application.  She agreed to circulate a copy of the PAC Decision to Members for information.

 

P104/21

Late Items Received and Deferred Applications

Minutes:

·         LA11/2018/0611/F                         

·         LA11/2020/0551/O  

                        The Head of Planning referred to late items received in respect to                             the above planning applications included on the schedule for decision.              She confirmed that all information received was emailed to                                            Members in advance of the start time of the meeting today.

Councillor Mellon referred specifically to planning application LA11/2018/0611/F and to the substantial list of late items received within the previous 24-hour period.  She expressed frustration that the process allowed the submission of late items right up to the eleventh hour and the fact that due to other job commitments, Members did not have time to consider all information in-order to make an informed decision today.  She further stated that the issue had become a continuous problem and, in her opinion, the report presented by the Planning Officer should be suffice for Members to make an informed decision. 

The Chair assured Councillor Mellon that Members felt equally frustrated with the process and there was an opportunity to express their opinions in the consultation response on the Review of Legislation, to the Department.

                        Councillor McKinney concurred with Councillor Mellon’s sentiments.                        He stated that, in respect of fairness and transparency, he felt that it                   would be advisable to defer the application, to allow Members                          sufficient time to review the substantial amount of late information                                    received.

                        Members agreed for planning application LA11/2018/0611/F to be                        deferred. 

The Head of Planning referred to planning application LA11/2020/0551/O and advised that, on assessment of the late information received, it would be necessary to consult with DfI Roads as normal procedure.  She therefore recommended that the application be deferred pending the outcome of the consultation process and subsequently the application would be presented to Committee in due course.

The Head of Planning clarified for Councillor McGuire that the normal consultation process would be carried out, however she would request for a prioritisation in-order to expediate the process under the current circumstances.

 

P105/21

Matters Arising from the Open Minutes of the Special Planning Committee Meeting held on Wednesday 24 March 2021 pdf icon PDF 309 KB

Minutes:

There were no matters arising from the above minutes.

 

P106/21

Matters Arising from the Open Minutes of the Planning Committee Meeting held on Monday 12 April 2021 pdf icon PDF 222 KB

Minutes:

There were no matters arising from the above minutes.

 

P107/21

Planning Applications List with Recommendation for Decision pdf icon PDF 250 KB

Additional documents:

Minutes:

LA11/2020/0248/O – Erection of dwelling and domestic garage                         (Gap Site) at gap site adjacent to and 45m west of 22 Baronscourt                 Road, Newtownstewart.

 

                        The Senior Planning Officer presented the above application, details of                    which was previously circulated to Members.  An overview of the                              application was provided and having considered all material                                               considerations, including the development plan, relevant planning                                     policies and consultations, it was recommended to refuse the                                   application for reasons as outlined within the report.

 

                        Members accepted speaking rights from Mr David McKinley, Agent                          who outlined reasons to support approval of the application, after                                    which they were given the opportunity to comment or seek points                                 of clarification from the speaker and Officer if they so wished. 

 

Alderman Kerrigan referred to the refusal reason that the proposal was       contrary to Policies CTY 8 and CTY 14 and stated that, in his opinion,        this was not correct as he would be inclined to consider the dwelling as    more of a gap site rather than ribbon development and a cluster of         dwellings already existed within that location.  He further stated that             the proposal met para 123.2.1 of the Strabane Area Plan and that he            would have reservations in respect to refusal reason No. 5 in respect to    noise and disturbance from an existing nearby sand and gravel quarry,   as he queried whether it was in operation at present.

 

Discussion ensued after which Alderman Kerrigan moved, seconded by       Councillor McGuire, to overturn the Officer recommendation to refuse    planning permission and for approval to be granted subject to             standard conditions.

                       

                        The outcome of the vote was; For 10, Against 2, Abstention 0.  The                           proposal was carried.

 

                        The Committee

 

                                                Resolved       to overturn the Officer recommendation                                                                    to refuse planning application                                                                                       LA11/2020/0248/O and for approval to                                                                      be granted subject to standard                                                                                            conditions.

 

                        LA11/2021/0023/O – Proposed dwelling and detached domestic                        garage at site adjacent to and immediately NE of 9 Kilcroagh Road,                  Castlederg BT81 7EG.

 

                        The Senior Planning Officer presented the above application, details of                    which was previously circulated to Members.  An overview of the                              application was provided and having considered all material                                               considerations, including the development plan, relevant planning                                     policies and consultations, it was recommended to refuse the                                   application for reasons as outlined within the report.

 

                        Members accepted speaking rights from Mr David McKinley (Agent)                        who outlined reasons to support approval of the application, after                         which they were given the opportunity to comment or seek points of               clarification from the speaker and the Officer if they so desired.

           

                        Councillor McGuire referred to policy interpretation and expressed                           frustration that, in his opinion, the proposal was not contrary to SPPS                      CTY 8 and CTY 14 because the proposal represented a gap site and                                 therefore ribbon development would not be created on this occasion. 

 

                        The Principal Planning Officer, on a point of clarification, advised that                      whilst she totally respected Member viewpoints on the proposal, it was                   necessary in terms of policy to be consistent with the application of                               SPPS CTY 8 in that the proposed development would create a ribbon               development.  ...  view the full minutes text for item P107/21

P108/21

DFI Planning Notice of Opinion - Building 40, Ebrington Square pdf icon PDF 136 KB

Additional documents:

Minutes:

The Principal Planning Officer presented the above report, details of            which were previously circulated to Members.  The purpose of the             report was to advise Members on the receipt of a Notice of Opinion       issued from Department for Infrastructure’s Strategic Planning Team          (DFI) received 19 April 2021.

 

Members were requested to consider the Notice of Opinion and       Officers’ advice and offer comments and position to take.

 

Alderman McClintock proposed, seconded by Councillor Kelly, to      support the Officer recommendation as outlined.

 

                        The Committee

 

                                                Recommended       to support the recommendation as                                                                              outlined within the report.

 

Open for Information

P109/21

Planning Appeals Update pdf icon PDF 132 KB

Additional documents:

Minutes:

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.

 

P110/21

Enforcement Action Update pdf icon PDF 93 KB

Minutes:

The Principal Planning Officer presented the above report, a copy of                        which was previously circulated to Members.  The purpose of the report                         was to update Members on the outcome of two enforcement cases                                 that were subject to Court action.

 

                        Members noted the fines awarded due to non-compliance with                                enforcement notices for LA11/2017/0152/CA and LA11/2017/0182/CA.

                       

                        The Lead Legal Services Office clarified for Councillor Kelly that the                           fines go direct to the Court and the legal and associated court costs are               an expense to Council.

                       

                        Councillor Boyle referred to the reopening of restaurants/cafes/bars                         after the lockdown due to the Covid-19 pandemic.   He stated that                                    some businesses will not reopen because they do not have the licence               to operate outdoors.  He queried what could be done to expedite the                   process because the businesses were keen to reopen as soon as                                   possible.

                       

                        The Head of Planning advised that her team continued to work behind                    the scenes in liaising with the various sections across the Council to                                ensure that the appropriate advice was given to businesses in terms of                        planning permission required for pavement café use and associated                  equipment.  She further advised that she was pleased to confirm that                   the majority cases had permitted development to operate their                                     business outdoors.

 

 

P111/21

List of Decisions Issued - April 2021 pdf icon PDF 145 KB

Minutes:

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

 

 

The meeting went into confidential business.