Agenda and minutes

Planning Committee
Wednesday 7 July 2021 2.30 pm

Venue: Guildhall- Hybrid/Socially Distanced. View directions

Items
No. Item

P133/21

Notice and Summons of Meeting

Minutes:

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

 

P134/21

Member Attendance and Apologies

Minutes:

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

Councillor J Barr.

 

P135/21

Statement for Remote Meeting

Minutes:

The Chair read the Statement for Remote Meetings.

P136/21

Declarations of Member's Interests

Minutes:

There were no declarations of interest from Members.

Open for Decision

Chairperson's Business

P137/21

Planning Portal Update

Minutes:

The Head of Planning referred to the new IT Planning portal system and advised Members verbally that there was an indication from the Board that there would be a slight delay in the roll out dates due to data migration process issues.  She advised HOP’s are likely to receive more clarity on this in summer months and suggested bringing a written report to provide a further update at the Planning Committee Meeting scheduled to take place on 8 September 2021. 

 

P138/21

Update on response for consideration by DFI re. LA11/2019/0263/F and LA11/2018/0186/O

Minutes:

The Head of Planning referred to a request from Members at meeting held the previous month, for the Chair of Planning Committee to write to the Minister for Infrastructure to express Members’             frustration with the delay in progress of the above applications. She clarified that a response was received to confirm that both applications were currently under consideration in line with Article 17 Direction, and no conclusion had been reached to date.

 

The Head of Planning agreed to keep Members updated accordingly.

 

P139/21

Deferred Planning Applications

Minutes:

The Chair confirmed that site visit requests from Members had been received in respect to the following applications and therefore the applications would be withdrawn from today’s schedule and deferred until it was appropriate to present at a future Planning Committee Meeting:

                       

  • LA11/2020/0549/F
  • LA11/2018/0216/F

                       

Councillor Dobbins proposed, seconded by Alderman McClintock to defer planning application; LA11/2019/0987/F so to allow for a site visit of the location which would benefit Members in the decision-making process.  This was agreed unanimously.

 

          The Committee

 

Resolved       to defer planning application                                                     LA11/2019/0987/F in-order to                                                   facilitate a site visit.  The application would be             presented at a future Planning Committee                                     meeting.

 

P140/21

Adherence to Planning Protocol

Minutes:

The Chair reminded Members of the Planning Protocol in respect to not considering recent direct correspondence from the applicant/agent regarding current cases on schedule prior to or during the meeting.

 

P141/21

Late Items Received

Minutes:

 

                        The Head of Planning advised that late items had been received                                in respect to the following applications and Members would be given              the opportunity to review the information prior to the presentation of                   the application by the Planning Officer:

 

  • A/2014/0035/RM
  • LA11/2020/0549/F
  • LA11/2019/0987/F

 

Matters Arising from the Open Minutes of the Planning Committee Meeting held on Wednesday 9 June 2021

P142/21

Minute Ref: 128/21 - PAC Appeal Decision (Ref: 2020/A0017) at Victoria Road (Application Ref: A/2014/0592/F)

Minutes:

The Lead Legal Services Officer (LLSO) referred to the above item and advised that a legal opinion had been received and that he would provide a verbal update to Members during confidential business.

 

P143/21

Planning Applications List with Recommendation for Decision pdf icon PDF 176 KB

Additional documents:

Minutes:

A/2014/0035/RM - Residential housing development comprising a                   mix of detached and semi-detached units (164 in total) with                           garages. All associated site works including amendment of levels,                         landscaping, wastewater pumping station and off-site roadworks             at Drumahoe Industrial Estate, Drumahoe Road, Londonderry.                            Recommendation: Refuse

 

                        The Senior Planning Officer (SPO) presented the above application,                          details of which was previously circulated to Members.  The SPO                               outlined the background to the application and based on material                               consideration in line with planning policy it was recommended that a                    refusal be granted for reasons as outlined within the report.

 

                        Members accepted speaking rights from Mr Dean Blackwood                                    (Objector), Mr Chris Bryson (Agent) and Mr Andrew Ryan (Solicitor                           representing the Agent).

 

                        The Chair invited Members to comment or seek points of clarification                      from the speakers followed by the SPO, if they so wished.

                       

                        Councillor Gallagher referred to the legal principals associated with the                   application which had not been met and he was therefore concerned                       that the Planning Committee would be in breach of legislation.

 

The LLSO advised Members that the SPO had provided the legal opinions in respect to the application as outlined within the report, however the Planning Committee were responsible for making the final decision in relation to the matter.  He further advised that if Members were minded not to accept the recommendation, then the reasons had to be clearly stated. 

                       

            The SPO in response to queries raised by Alderman McClintock, advised      that the information submitted had not demonstrated that the                         developer had not gained unfair/improper advantage through the             demolition works on site.  She further clarified that the proposal was       EIA development and the ES as submitted by the applicant was     insufficient as it did not address the environmental impact of the      unauthorised works.  

 

            Councillor Gallagher stated that it was a difficult decision as he was aware of the housing need, however he was not convinced that based        on the information provided that there was adequate environmental   protection of the River Faughan.

 

                        Discussion ensued, after which Councillor Gallagher proposed,                                  seconded by Councillor Jackson to support the Officer’s                                              recommendation to refuse planning permission for reasons as outlined                   within the report.

 

                        The outcome of the vote was:

 

                        For: 10           

Against: 1      

Abstention: 2

 

The proposal was carried.

 

The Committee

 

                                                Resolved       to support the Officer’s recommendation                                                                  to refuse planning application                                                                                       A/2014/0035/RM, for reasons                                                                                        as outlined within the report.

 

                        LA11/2019/0374/F - 14 no. social and affordable housing units –                       12 no. semi-detached and 2 no. detached two storey dwellings and                        associated works including access, visibility splays, roadways,                          footpaths in accordance with Policy CTY 5 of PPS 21 at lands                          between No. 85 and 93 Ervey Road, Tamnaherin, Co. 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 planning policy it was                                     recommended to refuse planning permission, for reasons as outlined              within the report.

 

                        Members accepted speaking rights from Councillor McKeever and Mr  ...  view the full minutes text for item P143/21