Agenda and minutes

Planning Committee
Wednesday 8 September 2021 2.00 pm

Venue: Guildhall- Hybrid/Socially Distanced. View directions

Items
No. Item

P155/21

Notice and Summons of Meeting

Minutes:

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

P156/21

Member Attendance and Apologies

Minutes:

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

P157/21

Statement for Remote Meeting

Minutes:

The Chair read the Statement for Remote Meetings.

P158/21

Declarations of Member's Interests

Minutes:

Councillor McKinney and Gallagher declared an interest with Planning Application LA11/2021/0233/F. 

Open for Decision

Chairperson's Business

P159/21

Update on response for consideration by Department for Infrastructure (DfI) re. Planning Application LA11/2019/0263/F & LA11/2018/0186/O

Minutes:

The Head of Planning confirmed that no response had been received from the Minister for Infrastructure, in relation to the outcome of the above applications that were currently under consideration in line with Article 17 Direction. She agreed to keep Members updated.

P160/21

LA11/2018/0641/F - Relocation of dwelling and outbuildings. Site to the rear (50m south) of No. 93 Foreglen Rd. Claudy, Derry

Minutes:

The Head of Planning advised that it was necessary to withdraw the above application from the schedule today, on the basis that a Shadow Flicker Report which was submitted by objector needed assessed and consultee responses were required. The application would be presented to Committee at a future meeting.

 

P161/21

Late Items Received Update

Minutes:

The Head of Planning confirmed late items received associated with the following applications included on the schedule for decision, and                    

Members would be given the opportunity to review the information prior to the presentation of the applications later in the meeting:

 

§  LA11/2018/0216/F

§  LA11/2020/0541/F

§  LA11/2020/0698/RM

§  LA11/2021/0233/F

 

Councillor Kelly expressed concern with to the high volume of late information received. Councillor Jackson concurred with the previous speaker.  He also expressed frustration with the circulation of a late item that was received within the previous weeks and therefore could not understand the reason for including the same information at the meeting today.

 

P162/21

Member Voting Rights - Hybrid/Socially Distanced Committee Meeting

Minutes:

Alderman Hussey sought clarification in respect to the Member voting arrangements during the Hybrid/Socially distanced meeting of the Planning Committee.  He referred to a report presented at the Governance and Strategic Planning Committee the previous evening, whereby the operating principles in respect of Committee meetings other than Planning Committee was provided to Members.

 

The Head of Planning Performance and Improvement clarified for Members that the new regulations for virtual meetings had been recently released and subsequently permitted those Members who attended the meeting virtually the right to vote.

 

Councillor Gallagher expressed his disappointment that Members were not notified of the change in legislation in advance of the meeting today, because it would have provided a choice for those Members who felt vulnerable to join the meeting virtually.

 

Councillor Dobbins and Councillor J Boyle concurred with the sentiments of the previous speaker.

 

The Lead Legal Services Officer reminded Members that before the summer recess, legislation was presented before the Assembly to permit decision making by Committee Members in remote attendance and that Council was operating under delegated authority during the month of July.  He added that it was only at the end of the previous week when Council was informed that the legislation had received Royal Consent and would therefore permit meetings of Council to have legal authority if held remotely, however the summons for the Planning Committee meeting had already been published. 

 

Matters Arising from the Open Minutes of the Planning Committee Meeting held on Wednesday 7 July 2021

P163/21

Planning Portal Update: (Minute Ref: P137/21)

Minutes:

The Head of Planning clarified for Councillor Kelly that no further update had been received from the Board since the previous Planning Committee Meeting, in relation to the delay in the roll out dates of the new Planning Portal system.  She however hoped to have an update for the next Committee meeting.

 

P164/21

Matters Arising from the Open Minutes of the reconvened Planning Committee Meeting held on Thursday 8 July 2021 pdf icon PDF 264 KB

Minutes:

There were no matters arising from the Minutes of the reconvened Planning Committee meeting held on 8 July 2021.

 

P165/21

Planning Applications List with Recommendation for Decision pdf icon PDF 144 KB

Additional documents:

Minutes:

LA11/2018/0216/F – Proposed retention of road layout as built at Orchard Way Industrial Estate, Orchard Way, Strabane, BT82 9QR – Access to All State and Fab Plus.

 

The Senior Planning Officer presented the above application, details of which were 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 Dr Ambrose McCloskey (Agent – Roads Engineer) and Councillor M Boyle in support of   approval of the application.  Members were given the opportunity to seek points of clarification from the speakers and an Official from DfI Roads Western Network Planning. 

 

Members were then invited to seek points of clarification from the Senior Planning Officer if they so wished. 

 

The Senior Planning Officer clarified for Councillor J Boyle that All State was notified of the proposal, however no letter of support or objection was received to date.

 

Discussion ensued after which Councillor Kelly proposed not to accept the Officer recommendation to refuse planning permission and for approval to be granted on the basis that it was not contrary to relevant Planning Policy Statement as outlined within the report.  He stated that he was satisfied that the issue of safety and convenience for road users could be ddressed if conditioned accordingly by the Planning Department. Councillor McGuire seconded the proposal.

 

The outcome of the vote was unanimous in support of the proposal.

 

The Committee

                       

Resolved       to overturn the recommendation to                                                     refuse planning application                                                                    LA11/2018/0216/F and for approval to                                               be granted, subject to standard                                                            conditions.

 

LA11/2019/0987/F – Proposed residential re-development of 1 No. residential dwelling and 6 No. new dwellings.  7 Steelstown Road, Derry, BT48 8EU.

 

The SPO presented the above application, details of which was previously circulated to Members.  A summary of the proposal was provided and based on material consideration in accordance with planning policy it was recommended to refuse planning permission for the reasons as outlined within the report.  

 

Members accepted speaking rights from Mr Stephen O’Donnell (Applicant) and Mr Matt Kennedy (Agent) who spoke in support of approval of the application.  After which Members were given the opportunity to seek points of clarification from the speakers.

 

Members were then invited to seek clarification from the Officer if they so wished.

 

The SPO clarified for Councillor J Boyle that the trees identified within the report were deciduous and during the autumn/winter months would lose their foliage and therefore the proposed dwellings & existing dwellings would become intervisible.

 

Councillor Dobbins stated that she had attended the previous site visit and found it most beneficial in assisting with the decision-making process.  She proposed that the Officer recommendation be overturned because in her opinion the proposal was not contrary to Planning Policy and for a condition in respect of tree protection be included.  Councillor Jackson seconded the proposal. 

 

Councillor Gallagher and Alderman Hussey concurred with the previous speakers and supported the  ...  view the full minutes text for item P165/21