Agenda and minutes

Reconvened Meeting from 8 September 2021, Planning Committee
Thursday 9 September 2021 2.00 pm

Venue: Guildhall- Hybrid/Socially Distanced. 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 recorded apologies from Councillor J Barr and Councillor Mullen.          



Statement for Remote Meeting


The Chair read the Statement for Remote Meetings.


Declarations of Member's Interests


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



Chairperson's Business


Late Information Received Update


The Head of Planning reported late information received in respect to Planning Application LA11/2020/0601/F.


Councillor J Boyle sought clarity from the Lead Legal Services Officer in terms of the deadline for the acceptance of late information to be viewed at a reconvened meeting of Committee. 


The Lead Legal Services Officer advised Members that from a legal perspective Committee Members were obligated to consider late information received in advance of the reconvened meeting of Committee.


Councillor J Boyle expressed his appreciation to the Lead Legal Services Officer for the advice given in relation to the matter.  He however expressed concern that in going forward there was a risk of additional late information received and this would make the role of the Committee even more challenging.  He requested his concern together with his party colleagues to be noted.


Open for Decision


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

Additional documents:


LA11/2020/0380/F – Retention of 1 Detached Dwelling at Site 42 Stoneybrook and 2 No. Pairs of Semi-detached Dwellings on Sites No’s 40 and 41 and 49 and 50.  (5 No. dwellings in total), Lands west of 27 Stoneybrook, Lisnaragh Road, Donemana, BT82 0FE.


The Senior Planning Officer presented the above application, details of which was previously circulated to Members.  An overview of the proposal was given and based on material consideration in line with planning policy it was recommended to refuse planning permission for reasons as outlined within the report.


Councillor Gallagher left the meeting.


Members accepted speaking rights from Mr Billy Henderson (Applicant) who outlined reasons to approve the application. 


The Head of Planning clarified for Members that as outlined within the report the site had approval granted previously, however the   development presently on site does not comply with current planning approval.  She further explained that adequate plans were not provided by the Applicant to demonstrate safe access and land ownership and therefore the application was contrary to relevant planning policy. 


Councillor J Boyle requested the Official from Roads Service to explain their position in relation to the application.


Mr J Roulston, DfI Roads explained that a Private Streets Determination was required to enable adoption of the roadway and detailed plans were required in-order for a Private Streets Bond to be initiated.


Alderman McClintock expressed the opinion that the application be deferred to allow the Developer and DfI Roads extra time to resolve the outstanding issues.


Councillor J Boyle commented that as stated within the report the Planning Officer advised the Applicant to submit a new application and the opportunity of an extension of time was already provided for with no resolution reached.  He urged caution in respect to the lack of clarity of land acquisition.  He felt that it would be in the best interest of the applicant and existing residents if a new application was submitted. He supported the recommendation to refuse planning permission. 


The Head of Planning in response to Members advised that as alluded to previously, there was incorrect information provided in-order for        the Planning Officer to progress the application.  She advised that to avoid an invalid approval it would be to the benefit of the applicant if a new application was submitted.


The Principal Planning Officer clarified that any approval of this application would result in something that cannot be adopted and the practical solution is to have an application that reflected further land in order to resolve the outstanding issues.  She assured Members that there was no issue in terms of lack of engagement, advice or consultation from Planning perspective.


Discussion ensued after-which Alderman McClintock proposed a deferral for 2 months, so to allow more time for the issues to be resolved.  Alderman Kerrigan seconded the proposal.


The outcome of the vote; For 6, Against 4, Abstention 1. The proposal was carried. 


            The Committee


                                    Resolved       that planning application                                                                                    LA11/2020/0380/F be deferred for a 2-                                                           month period to allow sufficient time  ...  view the full minutes text for item P171/21