Agenda item

Planning Applications List with Recommendations for Decision

Minutes:

The Lead Legal Services Officer reminded Members that in line with Planning protocol, they are not permitted to contribute to the discussion or vote unless they were present for the entirety of an item.  He noted that the Council had a responsibility to ensure that business was completed.  The need for a quorum for reconsiderations could present a challenge to this.  Reconsiderations should therefore be considered as the item being presented afresh and Members should consider the entirety of the documentation and the Minutes of the previous Meeting.  Provided they had done so they could contribute to the debate and vote on reconsiderations.

        

Reconsidered Applications

                       

LA11/2018/0237/O – Site for two storey farm dwelling and                     detached domestic garage at site 80 metres north of 5 Tagharina     Road, Lower Tully, Newbuildings, Londonderry.

        

The Head of Planning presented the above application, details of which      had been previously circulated to Members.  She provided an overview         of the background to the application and advised that on further            consideration of all points the professional opinion to refuse planning          permission remained for reasons as outlined within the report.  She            further advised however, that if Members were minded to overturn the          recommendation that conditions without prejudice were included in the     report. 

              

The Members received speaking rights from Mr Adrian Browne, agent.

Councillor Kelly referred to the proposal being contrary to CTY 10 part        (b) of PPS 21 in that two development opportunities having been ‘sold off’, being transferred to family members in the previous 10 years.  He     alluded to the fact that from DAERA perspective, they have encouraged         farmers to off-load to family members in order to avoid huge             inheritance tax, however Planning Policy contradicts DAERA’s advice            and this caused him great concern and he sought clarification in that respect.

 

The PPO advised that whilst she acknowledged the concerns raised by         Councillor Kelly her professional opinion was solely based on evidence   provided by the applicant which had resulted in non-compliance with       Policy CTY 10 (a) of PPS 21.

              

Councillor McKinney and Councillor Gallagher left the room at this               stage.

              

Alderman Kerrigan joined the meeting at this stage.  

              

Discussion ensued after which Councillor Kelly moved, seconded by             Alderman McClintock not to accept the officer recommendation to                     refuse planning permission.

               The outcome of the vote:  For 6, Against 0, Abstention 5.  The proposal                   was carried. 

                       

For 6, Against 0, Abstention 5 – Proposal was carried.

                       

The Committee

                                   

                                    Resolved       not to accept the officer recommendation                                                                 to refuse planning application                                                                                       LA11/2018/0237/O and for planning                                                                           approval to be granted with conditions                                                                attached.

              

LA11/2018/0698/O - Proposed erection of dwelling and domestic garage adjacent to and south-east of 61 Woodend Road, Strabane.

              

The Head of Planning presented the above application, details of which had been previously circulated to Members.  She provided an overview of the background to the application and advised that the original recommendation to refuse planning permission remained, however, if Members were minded to approve that conditions without prejudice were provided within the report.

  

The Members received speaking rights from Mr Les Ross, agent acting on behalf of the applicant. Councillor Kelly stated that, in his opinion, there was no test for visual linkage under the current policy and it was apparent to him that the only obvious location for the site was from the farm yard.

 

The Head of Planning clarified that visual linkage test existed and that was the reason for refusal.

  

Discussion ensued after which Councillor Kelly moved, seconded by Alderman Bresland not to accept the recommendation to refuse planning permission.

  

The outcome of the vote; For 5, Against 0, Abstention 6 the proposal was carried.

  

The Committee

                                               

Resolved         not to accept the officer recommendation                                            to refuse planning application                                                                  LA11/2018/0698/O and for planning                                                               approval to be granted with conditions                                                      attached.

  

Councillor Dobbins joined the meeting at this stage.

  

LA11/2018/0897/F - Retention of change of use from home/dwelling to three self-catering cottages at 37A Upper Galliagh Road, Elagh, Derry.

 

The Head of Planning presented the above application, details of which had been previously circulated to Members.  She provided an update on the current status of the application that was presented for reconsideration and advised Members that if they were minded to not accept the recommendation to refuse that conditions without prejudice were provided.

  

Councillor Boyle expressed the view that he would be minded to support approval of the application on the grounds of economic consideration.

 

Discussion ensued after which Members unanimously agreed not to accept the Officer recommendation to refuse planning permission.

 

The Committee

  

Resolved       that planning application                                                                        LA11/2018/0897/F be granted planning                                             permission subject to the conditions as                                            provided.

  

LA11/2017/1132/F - Change of use from dwelling to 4 No. apartments at 24 Coshquin Road, Derry.

 

The Head of Planning presented the above application details of which had been previously circulated to Members.  She provided an update on the current position of the application and, based on further review, consideration has been given to issues outlined in the report including discussions raised at previous Planning Committee, recent H2 housing approval close to this site and other recent built form has resulted in a change of character. 

  

The Members received speaking rights from Mr Adrian Heaney, applicant.

  

Discussion ensued after which it was agreed on the proposal of Councillor Boyle, seconded by Alderman McClintock to accept the Officer recommendation to approve planning subject to conditions as provided within the report.

  

The outcome of the vote; For 11, Against 0, Abstention 2.

              

APPLICATIONS RETURNED AFTER SITE INSPECTIONS

  

LA11/2018/0356/O - Site for dwelling and domestic garage at lands             immediately south-west of 92 Camus Road, Douglas Bridge.

 

The PPO presented the above application details of which had been previously circulated to Members.  She reported that, having considered all material considerations and relevant planning policies, the recommendation to refuse planning permission remained for reasons as outlined within the report.

  

The Members received speaking rights from Mr Joe McCormick, agent        and Mr Noel O’Kane, applicant.

  

The PPO advised Members that as outlined within the report the reason      for refusal was based upon insufficient information provided by                           the applicant.

  

Discussion ensued after which Councillor McGuire moved, seconded by      Councillor Boyle not to accept the officer recommendation to refuse       planning permission.

  

The outcome of the vote was unanimous.

  

The Committee

 

Resolved         not to accept the recommendation to                                                    refuse planning application                                                                       LA11/2018/0356/O.  The application                                                               would be returned for further                                                                                     consideration.

 

NEW APPLICATIONS

 

LA11/2018/0139/F - Proposed additional bedroom unit attached to rear of No 86 Duncreggan Road, L'Derry already in HMO use at 86 Duncreggan Road, L'Derry.

 

The Senior Planning Officer presented the above application, details of which had been previously circulated to Members.  He provided an overview of the background to the application and, based on material consideration and in line with planning policies recommended not to grant planning permission for reasons as outlined within the report. 

 

Members received speaking rights from Mr Christopher Neff, Agent.

  

Discussion ensued after which Councillor Dobbins moved, seconded by       Councillor Gallagher to accept the Officer recommendation to refuse      planning permission.

  

The outcome of the votes was unanimous.

  

The Committee

 

Resolved       that planning application LA11/2018/0139/F be refused planning permission for reasons as outlined within the report.                       

 

LA11/2017/0913/O - Proposed site for dwelling and garage on a farm at site approx. 100m SE of 110 Urney Road, Strabane.

 

The Principal Planning Officer presented the above application, details of which had been previously circulated to Members.  She provided an overview of the background to the application and advised that further information and a set of accounts had been received regarding the application which she had issued to Members for their information.  She further advised however, that if Members were minded to overturn the recommendation that conditions without prejudice were included in the report.

 

The Members received speaking rights from Mr Gourley, agent on behalf of the applicant.

 

Councillor McGuire enquired if the applicant owned any other land along the roadside and also asked for more clarity regarding the accounts for the farm.

 

In response, Mr Gourley advised that there was a single field along the roadside with a track where there was access to the next set of fields and was habitually used by the owner.

 

Mr Gourley then outlined that receipts for the sales of round bales from 2010 to 2018 and associated costs were submitted and that sufficient evidence has been provided to demonstrate activity.  He added that the owner was still actively managing the land to keep it in good agricultural condition.

 

Councillor Gallagher referred to the proposed building of flood defences in that area and asked if any access had been proposed.

 

In response, Mr Gourley advised that the Rivers Agency had agreed with the applicant to upgrade the farm track to a lane to enable access to carry out works for flood defences.

 

Councillor Gallagher asked the Planning Officer about an objection that had been received regarding flooding in that area.

 

In response, the Planning Officer advised that there would be no concerns regarding flooding in that area as a flood alleviation scheme would be carried out.

 

In response to a query by Councillor Harkin, the Planning Officer stated that the first set of accounts had not specified the sale of bales, just general sales.  The second set of accounts had specified the sale of bales, however the information received in terms of receipts had been addressed to the applicant therefore, there was no clear evidence provided.

 

She further advised that the information provided was not new information as the receipts had been submitted in 2018.  However, the agent had expressed concern that the information had not been uploaded onto the planning portal nor clearly referenced, therefore it had been provided as late information to prevent ambiguity on the matter.  She stated that the information provided did not illustrate evidence of active farming.

 

Alderman Kerrigan stated that the vast majority of agricultural contractors did not always provide adequate or detailed paperwork in terms of sales or work carried out.

 

Councillor McGuire stated that, in his opinion, the application was CTY10 compliant and proposed that Members did not accept the officer’s recommendation as the application met the criteria of CTY10 (a).

              

Councillor McGuire moved, seconded by Alderman Kerrigan not to              accept the officer recommendation.

  

The outcome of the vote was unanimous and

  

The Committee

 

Resolved       not to accept the Officer’s recommendation to refuse planning application LA11/2017/0913/O 

 

LA11/2019/0127/F Creation of 7 new residential units comprising of renovation and extension of existing courtyard to create 2 No. 1-bed self-contained supported living units.  Demolition of garage and construction of 5 No. new build C1 (b) supported living units incorporating 3 No. 2-bed units, 2 No. 1-bed units, staff provision and shared communal workshop for social activities.  Renovation and adaption of existing dwelling (including partial demolition and extension) to provide C1 (b) supported living provision for 6 residents.  The proposals include replacement of a number of TPO tress and realignment of boundary wall along Curley Hill Road to improve access to the site and facilitate development.  A separate outline application on adjacent land at 11 Curley Hill Road, Strabane BT82 8LP .

 

The Senior Planning Officer presented the above application, details of which had been previously circulated to Members.  She provided an overview of the background to the application and, on material consideration and in line with planning policy, recommended approval for reasons outlined within the report. 

 

Members received speaking rights from Mr McMenamin regional Manager, Mencap.

 

Councillors Dobbins and Kelly stated that they wished to commend Mencap on all the work undertaken to provide supported living provision in the Strabane area.

  

Discussion ensued after which Councillor Kelly moved, seconded by Councillor Dobbins to accept the officer recommendation and for planning permission to be granted subject to the conditions as outlined in the report.

 

The Chair commended the contribution from Mr McMenamin and wished Mencap all the best with the development.

  

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

  

The Committee

  

Resolved       that planning application                                                                        LA11/2019/0127/F be granted planning                                             permission subject to the conditions as                                                           outlined in the report. 

 

Councillor Kelly suggested that a post-site visit be organised for Members to view the development prior to the official opening.

 

The Lead Legal Services Officer advised that the invitation be extended to all Members of Council in due course. 

 

LA11/2019/0124/O – Short term break accommodation in Use Class C3(a) for up to 7 residents with associated staff provision at 11 Curleyhill Road, Strabane BT82 8LP.

 

The Planning Officer presented the above application, details of which         had been previously circulated to Members.  He provided an overview of the application and, based on material consideration and in line with           planning policy, recommended an approval for reasons as outlined within          the report.

 

Members received speaking rights from Mr McMenamin on behalf of the applicant.

 

Councillor Dobbins moved, seconded by Councillor Gallagher to accept      the officer recommendation to approve planning permission. 

  

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

  

The Committee

 

Resolved       to accept the officer recommendation to approve planning application LA11/2019/0124/O subject to the conditions as outlined in the report. 

 

LA11/2018/0854/O – Erection of single storey dwelling and garage at lands 120m north-west of 74 Ligford Road, Plumbridge.

 

The Principal Planning Officer 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 and in line with planning policy, recommended a refusal.

 

Councillor Kelly described the recommendation as harsh, and that whilst he understood the perspective of planning officers in terms of CTY6, however he referred to the Strabane Area Plan, particularly regarding rural housing applications which stated that, ‘a less restrictive planning policy will be applied throughout this area and applicants seeking planning permission for single dwellings will not have to demonstrate a need to live in the countryside.’  He stated that the application had been refused on the grounds of lack of demonstrable need, however the Strabane Area Plan clearly stated that anyone applying for single houses in that area would not have to demonstrate a need to live in the countryside.

 

The Chair stated that he attended the site visit at that location and described the area as being in a ‘remote location’ and concerns had been referenced regarding the caring responsibilities of the applicant.  He stated that given those responsibilities in such a remote area that it was ‘site specific’ as it is some distance from a settlement or on the boundary of a settlement.

 

The Head of Planning advised Members that this was a particular policy which existed within PPS 21 currently and that only in exceptional circumstances with relevant evidence can it be applied.  Members could be setting a wide precedent in the District if the application was approved.   

 

Councillor Boyle concurred with the remarks made by the Head of Planning and stated that the report had outlined insufficient evidence in support of the applicant.  He stated that, in his opinion, there was a danger if the recommendation was overturned that would ignore many of the planning policies pertaining to development and, therefore, he would not be supporting the proposal to accept the application.

 

Councillor Kelly stated that, whilst he understood the concerns regarding making a precedent, the Strabane Area Plan had clearly stated that it was perfectly acceptable and that decisions must be made in line with the area plan.  He stated that it was quite specific within the rural remainder policy to address locations such as those outlined in the report.

 

Councillor Gallagher expressed concerns regarding the proposal made by Councillor Kelly.  He stated that it was important to take the weight of the argument given by the planning officers and then the argument and experience of Councillors.  However, if the argument was not provided in weight then Members had to be cautious before making a decision.

 

Councillor McKinney suggested that Members consider all the information and come back at a later date.

 

Councillor Boyle stated that the Strabane Area Plan was significantly out-of-date as was the Derry Area Plan. He stated that he could not support an application with a lack of sufficient information.

 

Councillor Kelly moved, seconded by Alderman Kerrigan not to support the recommendation to refuse planning permission as outlined in the report.

  

The outcome of the vote was as follows;

 

For – 8; Against – 2; Abstentions – 3. The proposal was therefore carried and the Committee

 

Resolved       not to accept the officer recommendation                                         to refuse planning application                                                               LA11/2018/0854/O. 

 

The application would be considered further and returned to Committee.

 

LA11/2018/0848/F – Retention of 5 No. detached bungalows and garages (Proposed change of house type and reduction in density from previously approve scheme – A/2004/0897), Sites 187-191 Oak Country Manor Housing Development, off Crescent Link, Londonderry.

 

Councillor Dobbins declared an interest and left the meeting at this point.

 

The Principal Planning Officer 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 and in line with planning policy, confirmed that a              recommendation to approve planning permission as outlined within the report.

  

Discussion ensued after which Alderman Kerrigan moved, seconded by       Councillor Boyle to accept the recommendation to approve                                   planning permission.

           

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

           

The Committee

  

Resolved       to endorse the officer recommendation                                             to approve planning application                                                           LA11/2018/0848/F.

 

Supporting documents: