Agenda and minutes

Planning Committee
Wednesday 9 June 2021 2.00 pm

Venue: Guildhall- Hybrid/Socially Distanced. View directions

Items
No. Item

P113/21

Notice and Summons of Meeting

Minutes:

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

P114/21

Member Attendance and Apologies

Minutes:

The Head of Planning took the roll call and recorded apologies from                        Councillor’s J Barr, J Boyle and Alderman Guy.

 

P115/21

Statement for Remote Meeting

Minutes:

The Chair read the Statement for Remote Meetings.

 

P116/21

Declarations of Member's Interests

Minutes:

The Chair declared an interest with planning application                                 

LA11/2018/0676 as listed on the schedule for decision.

 

Open for Decision

Chairperson's Business

P117/21

Message of Appreciation

Minutes:

The newly appointed Chair of Committee (Councillor McKinney)                                thanked the outgoing Chair (Councillor Jackson) for his hard work                           during his previous term in office.  He also expressed his appreciation                      to the outgoing Deputy Chair (Councillor J Boyle) for his contribution to                     the Planning Committee.

 

                        Councillor Jackson thanked the Chair for his kind words of appreciation.                  He wished him every success in the year ahead.  He also thanked the                 outgoing Deputy Chair, the Head of Planning and Officer Team for their                        support throughout the previous year.  He commented that it was a                      challenging year, particularly when meetings were held virtually due to                      the ongoing pandemic crisis. 

 

P118/21

Site Visit Consideration - J/2007/0416/F

Minutes:

The Chair referred to application J/2007/0416/F, that was included on                      the schedule for decision at the meeting today.  He referred to the                                 complex nature of the application and requested that consideration be                       given to defer the application until a site visit was co-ordinated for                                Members.

 

                        Members agreed for planning application J/2007/0416/F to be deferred                  to allow for a site visit and the application would be returned to                                     Committee in due course.

 

P119/21

Planning Applications Withdrawn

Minutes:

  • LA11/2017/0510/F
  • LA11/2018/0611/F

 

                        The Head of Planning advised Members that the above planning                              applications had been withdrawn from the system and would not be                        returned to Committee in the future. 

 

                        Councillor Kelly referred to planning application LA11/2017/0510/F                          which was withdrawn from the schedule today.  He expressed concern                     that the application was in the system for a lengthy period of time and                       he found it unsatisfactory that it had been withdrawn.  He stated that                    learnings had to be gained from this particular case in the future. He                 referred to the role of Council and involvement of DfI (Planning)                              particularly around setting of a precedent.  He further stated that                              there was no specific direction from DfI and he would also question the                  eligibility of the person responsible for the submission of the                                     independent evaluation report, and he felt that such issues would merit                  an investigation.  He stated that Council had to ensure that robust                                 systems were in place in-order to      have confidence in the system in                          going forward.

 

                        Councillor Kelly requested that the case be referred to the Internal                           Auditor for review and a report of the findings be presented to                                 Committee in due course.

 

                        The Lead Legal Services Officer stated that the case could be referred                      to the Internal Auditor, and this would provide an opportunity for                                 everyone involved to learn from the process. 

 

                        The Head of Planning stated that from a planning perspective she was                     confident that due process was followed by relevant Officers, which                         included holding and awaiting a response from DfI as a result of an                              Article 17 direction.

 

P120/21

Planning Applications Deferred

Minutes:

·         LA11/2020/0551/O

 

The Head of Planning referred to the above application and advised that it was necessary to defer the application from the schedule today.  She explained that due to late information received from the agent that included a P2 form, it would be necessary to readvertise and carry out further processes to ensure the application is processed in line with legislation. The application would be presented to Committee in due course.

 

·         LA11/2019/0374/F/O

 

The Chair referred to the above application and advised that due to a bereavement the agent (Mr Matt Kennedy) could not attend the meeting today and therefore it was necessary to defer the application until a future Committee meeting.  He offered his condolences to

Mr Kennedy and his family at this difficult time.

 

·         J/2007/0416/F

 

The Lead Legal Services Officer referred to the above application and explained that it was necessary to defer the application until a future meeting, when relevant Members would be in attendance physically rather than virtually.  This specific requirement was in line with planning protocol.

 

P121/21

Request for Pre-Determination Hearing (PDH)

Minutes:

The Head of Planning referred to application LA11/2020/0318/O and                       advised that a request had been made by the agent for this case to                            proceed to a Pre-Determination Hearing.  In considering this request,                   the Head of Planning indicated given the nature of the case and                          complex policy issues that she would recommend the Committee to                         accept.  She also advised that a similar application in terms of type was                   located on an adjoining site with similar complex issues and felt it                            would be prudent to recommend a PDH for that application also                                    LA11/2020/0252/O.

 

Councillor Jackson proposed, seconded by Councillor Mooney to support the recommendation for a PDH for both applications as advised by the Head of Planning.

 

The Committee

 

                        Recommended       for a PDH to be carried out in                                                                respect of planning applications:                                                          LA11/2020/0318/O &                                                                               LA11/2020/0252/O

 

P122/21

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

Minutes:

Update on response under consideration by Department for                               Infrastructure (DfI) re. Planning Application LA11/2018/0186/O –                        Proposed multi-sport indoor/outdoor facility (circa 45,000 sq ft)                 incorporating wellbeing centre, community/youth facilities, full                         size indoor 6G pitch, fitness suite, sports hall, conferencing, office                      accommodation, exhibition, and events space (Additional                                     Transport assessment details and access arrangements received).                      Lands due north of Holy Cross College and due south of Ardnalee                     Park, Strabane.

 

                        The Head of Planning referred to the above application that was                               presented to Committee on 24 March 2021, whereby Members agreed                    to overturn the Officer recommendation and for approval to be                             granted.  She advised that in line with Planning Regulations it was                                necessary to notify DfI (Planning) of the decision, however no                                   response had been received to date and therefore the application was                     currently on hold until a response was received from DfI (Planning).  

 

                        Update on response under consideration by Department for                               Infrastructure (DfI) re. Planning Application LA11/2019/0263/F:                        Erection of a supermarket, associated car park and amended access               off approval A/2004/0879/F, landscaping and site works on                           undeveloped land to the East of Kilfennan Link Roundabout and                100m North-East of No. 20 Crescent Link, Derry.

 

                        The Head of Planning referred to the above application presented to                       Committee on 6 January 2021, whereby Members voted to overturn the                  Officer recommendation and for approval to be granted.  She advised                      that in line with Planning Regulations it was necessary to notify DfI                                    (Planning) of the decision, however no response had been received and               therefore the application was currently on hold until such times as a                  response was received from DfI.

 

                        The Head of Planning clarified for Members that the applications could                   not be progressed until a response was received from DfI and this was               a legislative requirement in terms of Article 17 Direction.  She                                 suggested that Committee write to DfI to express concern in terms of                        the delay in progress of both applications. 

 

                        Discussion ensued, after which Alderman McClintock proposed,                                seconded by Councillor Jackson that Committee writes to the relevant                     Minister to express frustration with the delay in the process.

 

P123/21

Update re. Planning Application A/2014/0035/RM - Drumahoe

Minutes:

The Principal Planning Officer (PPO) provided an update in relation to the status of the above planning application.  The PPO advised that the application was for residential housing development for 164 units and associated site works at Drumahoe Industrial Estate.  She said that as Members were aware it was a complex application and was currently progressing through the system with the receipt of an environmental statement and addendum submitted in January 2021 and further submission by the Agent in March 2021.  She further confirmed that 37 objections letters were received, and Officers would endeavour to present the application to Committee as soon as possible.  

 

 

P124/21

Late Items Received

Minutes:

Members noted late items received in relation to the following                                  planning applications to be presented at the meeting:

 

·         LA11/2020/0551/O

·         J/2007/0416/F

·         LA11/2020/0486/O

·         LA11/2020/0726/A

·         LA11/2020/0507/O

 

P125/21

Matters Arising from the Open Minutes of the Planning Committee held on Wednesday 5 May 2021 pdf icon PDF 243 KB

Minutes:

There were no matters arising from the above minutes.

 

The meeting adjourned for 10 minutes to allow Members the opportunity to review the late information received in respect to planning applications list with recommendations for decision.

 

P126/21

Planning Applications List with Recommendation for Decision pdf icon PDF 173 KB

Additional documents:

Minutes:

To present to Members, planning applications for decision:

 

                        The Chair declared an interest in the following application and left the                     meeting.  Councillor McGuire (Deputy Chair) chaired the meeting at this                  stage.

 

                        LA11/2018/0676/F – Proposed residential development consisting                   of 4 No. detached dwellings and associated works at 12 Clooney                    Road, Caw Roundabout, Derry.

 

                        The Senior Planning Officer presented the above application, details of                    which was previously circulated to Members; an overview of the                                application was provided 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 Ms Sandra Empey (Objector),                    who proceeded to outline reasons not to support the proposed                             application. 

 

                        Members were given the opportunity to seek points of clarification                          from the speaker and the Senior Planning Officer if they so wished.

 

                        Councillor Mellon proposed, seconded by Alderman McClintock to                           accept the Senior Planning Officer’s recommendation to refuse the                           application for reasons as outlined within the report. 

           

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

 

                        The Committee

 

                                                Resolved       to support the Senior Planning Officer’s                                                                     recommendation to refuse planning                                                                            application LA11/2018/0676/F, for                                                                               reasons as outlined within the report.

 

                        The Chair returned to the meeting at this stage. 

                                               

LA11/2020/0486/O – Drumahoe Junction (A6) Services with                    associated facilities (including filling station, car wash, café,                 restaurant, shop, tourist information, toilets, ATM etc.);                          amenity/picnic area; parking (for cars, caravans and motorhomes,         coaches and lorries) and associated access and landscaping on                   lands at Lismacarol Road and South of 20 Tirbracken Road,                         Lismacarol Townland, Drumahoe.

 

The Senior Planning Officer presented the above application, details of        which was previously circulated to Members.  She provided an     overview of 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 Mr David Dalzell (Agent) who        spoke on behalf of the applicant in support of the application.  He         outlined reasons to support approval of the application.

 

                        Members were given the opportunity to seek points of clarification                          from the speaker and the Senior Planning Officer if they so wished.

 

                        Members expressed their concern in relation to the DfI Roads issues                        and felt that further negotiations were necessary between Planners, DfI               Roads and the applicant in order to reach a resolution to the issues that             merited a refusal at this stage of the planning process.  They agreed                      that this was an exciting project,  however the safety of road users was                 paramount and the evidence had to be forthcoming in-order to assist                     Members in the decision making process.

 

                        The Head of Planning referred to the discussion by Members thus far                      in terms of the technical requirements and suggested that                                              consideration be given to defer the application for several months, so                to provide an opportunity for the Roads technical issues to be resolved.

 

Discussion ensued after which Alderman McClintock proposed,         seconded by Councillor Mooney that the application be deferred for a        6-month  ...  view the full minutes text for item P126/21

Open for Information

P127/21

Planning Appeals Update pdf icon PDF 134 KB

Additional documents:

Minutes:

The Principal Planning Officer presented the above report, details of                        which was previously circulated to Members.  The purpose of the report                         was to appraise Members on planning appeals currently in the system             and the status of any live appeals and any decisions made since                           the previous meeting.

 

                        Members noted the update on the appeals. 

 

P128/21

PAC Appeal Decision (Ref. 2020/A0017) at Victoria Road (Application Ref. A/2014/0592/F - Correspondence pdf icon PDF 2 MB

Minutes:

Members noted the above correspondence for information. 

 

                        Councillor Jackson queried the options available in terms of moving                         forward with the issue in question.

 

                        The Lead Legal Services Officer advised that the only option for                                 challenging a decision by the PAC was in relation to a judicial review.                       He advised that it was previously agreed by Council that an                                                independent assessment be carried out at this stage and a report                          would be presented to Planning Committee in due course.

 

 

P129/21

Update on J/2014/0295/F - Strahans Road, Strabane pdf icon PDF 96 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 provide an update for Members regarding that above planning                  application for a proposed quarry restoration by way of infilling with                    inert and excavated waste material, weighbridge, wheel-wash, site                                     office, site-works and new access located at Strahans Road, Strabane.

 

                        Members noted the above for information purposes.

 

P130/21

Repowering of Owenreagh Windfarm and Craignagapple Windfarm Extension pdf icon PDF 173 KB

Additional documents:

Minutes:

The Principal Planning Officer presented the above report, details of                        which was previously circulated to Members.  The purpose of the report                         was to advise Members of correspondence which had been received                  from DfI Strategic Planning Directorate (SPD) in relation to a potential                  planning application to be submitted for Owenreagh windfarm located                       approximately 6km southeast of Artigarvan Village, Co. Tyrone.

 

Councillor Kelly requested information in terms of the definition of repowering of a windfarm from a planning policy perspective.  The Head of Planning agreed to provide this information.

 

                        Members noted the above report for information.

 

P131/21

List of Decisions Issued - May 2021 pdf icon PDF 115 KB

Minutes:

Members noted for information the List of Decisions issued during the                    month of May 2021.

 

                       

The meeting went into confidential business.