Agenda item

Planning Applications List with Recommendation for Decision

Minutes:

RECONSIDERED APPLICATIONS

LA11/2018/0004/F -Proposed change of use from retail to retail with hot food at 16 Waterloo Place, Derry.

The Head of Planning presented the above application, details of which had been previously circulated to Members.  She reminded Members that the application was deferred at Planning Committee held on 3 July 2019 to allow the submission of additional information for Environmental Health to assess noise and odour information.  She reported that, further information was received and considered with EHD responses and against current policy, and it was recommended to approve planning permission subject to the conditions as outlined within the report.

Councillor Boyle moved, seconded by Alderman McClintock to accept the recommendation as outlined.

The outcome of the vote was; For 8, Against 0, Abstention 1.  The proposal was carried.

The Committee

Resolved       that planning application LA11/2018/0004/F be approved planning permission subject to the conditions as outlined within the report.

 

LA11/2019/0407/O - Site for infill dwelling within substantially built-up frontage at site adjacent to and north east of 220 Tamnaherin Road, Co. Derry.

 

The PPO presented the above application, details of which had been previously circulated to Members.  She reminded Members that the application had been returned for reconsideration following Members voting not to accept the Case Officer’s recommendation to refuse at Committee Meeting on 3 July 2019.  She reported that, following further assessment of the application and reasons by Members for not accepting the recommendation, Officers remained of the opinion that in order to comply with the relevant policies that the application be refused for reasons as outlined within the report.  She however advised that if Members were minded to approve the application that standard conditions were provided on a without prejudice basis as contained within the report.

 

Councillor McGuire moved, seconded by Alderman McClintock to approve the application subject to the conditions as provided within the report, with the same planning reason as put forward on 3 July 2019 in that the proposal constituted infill and visually linked with a common frontage.

 

The outcome of the vote; For 7, Against 2, Abstention 0.  The proposal was carried.

 

The Committee

Resolved       that planning application LA11/2019/0407/O be approved planning permission subject to the conditions as outlined within the report.

NEW APPLICATIONS

LA11/2018/0226/F - Retrospective planning permission for the retention of works carried out at sand & gravel quarry, with     associated works and access. Proposed western extension and southern extension to previously extracted areas. Proposed works to include new haul road and realignment of existing internal road.     Works to also include settlement ponds, development of screening bunds, 2 no. compounds, relocation of existing washing plant, stockpiles and the creation of a staggered crossing on the Derg Road access, and full restoration of combined sites and retention of temporary buildings. (Environmental Statement received) at land 23 Old Bridge Road, Victoria Bridge, Strabane.

The PPO presented the above application, details of which had been previously circulated to Members.  She provided an update on the detail of the application that fell under the category of a major development and, based on material consideration and in line with planning policy, recommended a refusal for reasons as outlined in detail within the report.

Alderman Kerrigan and Councillor Dobbins joined the meeting.

The Members received speaking rights from Ms Jennifer Mawhinney, Agent and sought points of clarification in relation to the application.

Alderman McClintock thanked the PPO for providing a most detailed  presentation to Committee.

The PPO in response to Members queries clarified that the previous agent had stated that they wished to address the outstanding information and concerns that Planning had in relation to the development, however in consideration of both the retrospective and proposed nature of this development and the significant objection by DFI Roads, there were numerous refusal reasons that may be difficult to overcome in this instance.

The Head of Planning further advised Members that in line with planning policy the applicant would have to demonstrate there would be no adverse impact and demonstrate what mitigation measures would be applied in order to address issues/concerns from consultees.

Councillor Boyle referred to the extensive report provided by the PPO on what clearly was a complicated issue in that it was a retrospective application and works had commenced on site.  He referred to the consultation responses and in particular the response from DfI (Roads) on the new A5 transport corridor and in consideration of that he would be supportive of the recommendation to refuse planning approval.

Councillor Boyle moved, seconded by Alderman McClintock to accept the PPO’s recommendation to refuse.

The outcome of the vote; For 8, Against 0, Abstention 2.  The proposal was carried.

The Committee

Resolved       that planning application LA11/2018/0226/F be refused planning approval for reasons as outlined within the report.

The Chair declared an interest in the following application and left the meeting. The Deputy Chair took over the position as Chair of the Meeting.

Councillor Boyle left the meeting.

LA11/2019/0564/F - Retention of timber decking structure to rear of property at 6 Woodland Mews, Waterside, Derry.

The SPO presented the above application, details of which were previously circulated to Members.  He provided an update on the background to the application and, based on material consideration and in line with planning policy, recommended a refusal for reasons as contained within the report.

The Members received speaking rights from Mr Liam Nelis, Agent and sought points of clarification in relation to the application.

Councillor Boyle returned to the meeting.

The Head of Planning made reference to the speaker and Members’ discussions and on a point of clarification informed Members that Councillor Jackson had not submitted a letter of support in terms of the application.

Discussion ensued after which the Head of Planning advised that if Members found it difficult to understand the spatial analysis and the awareness of impact on adjoining neighbours that a site visit by Members would benefit the decision making process.

Alderman McClintock expressed support of a site visit.

It was agreed to defer the application for consideration at a future meeting.

The Committee

Resolved       that planning application LA11/2019/0564/F be deferred and presented at a future meeting.

LA11/2019/0519/O - Site for proposed dwelling and domestic garage within a cluster under Policy CTY2a at site adjacent to and west of No. 22A Carrickadartans Road, Castlederg.

The SPO presented the above application, details of which had been previously circulated to Members.   An overview of the background to the application was provided and, based on material consideration and in line with planning policy, it was recommended to refuse planning    permission for reasons as outlined within the report.

The Members received speaking rights from Mr David McKinley, Agent after which they sought points of clarification regarding the application.

Alderman Kerrigan expressed the opinion that the proposal would   integrate into the existing cluster through rounding off and that it adhered to the policy requirements within the Strabane Area Plan, para 123.2.1. 

Councillors McGuire and Boyle expressed their support of the previous speaker’s comments.

Alderman Kerrigan moved, seconded by Councillor McGuire not to accept the SPO’s recommendation to refuse planning approval for reasons as outlined within the report. 

The outcome of the vote; For 10, Against 1, Abstention 0.  The proposal was carried.

The Committee

Resolved       not to accept the Officer  recommendation to refuse planning application LA11/2019/0519/O.  The application be returned for further consideration and presented at a future Committee meeting.

LA11/2019/0467/F - Alterations and extensions to existing buildings for retail and apartments at 33 & 35 Carlisle Road, Derry.

The SPO 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 in line with planning policy, recommended an approval subject to conditions as outlined within the report.

 Councillor Boyle moved, seconded by Alderman McClintock to accept the recommendation to approve the application.

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

The Committee

Resolved       that planning application LA11/2019/0467/F be approved planning permission subject to the conditions as outlined within the report.

LA11/2019/0514/F - Proposed demolition of existing dwellings and development of 6 no. new dwellings to include 2 no. houses and 4 no. apartments at 8-12 Clonmeen Drive, Strathfoyle, Co. L'Derry.

The SPO presented the above application, details of which had been previously circulated to Members.  An overview of the background to the application was provided and, based on material consideration and in line with planning policy, it was recommended to approve the application, subject to the conditions as outlined within the report.

Members expressed delight with the application.

Alderman McClintock moved, seconded by Councillor Dobbins to accept the Officer recommendation to approve planning permission.

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

The Committee

Resolved       that planning application LA11/2019/0514/F be approved subject to the conditions as outlined within the report.

Councillor McGuire left the meeting. 

 

LA11/2019/0566/F - Reinstatement of the play area complete with railings, fence enclosure and gates, play equipment and safety surfacing, seats, bins, cycle stands, new footpaths, upgraded      vehicular maintenance entrance, tree and shrub planting, grassing works and park signage at the old play area, adjacent to and immediately to the west of 22 Seein Road, Sion Mills BT82 9NJ and   directly to the south of Parkside Gardens, Sion Mills.

The SPO presented the above application, details of which had been previously circulated to Members.  An update on the background to the application was given by the SPO and, based on material consideration in line with planning policy, it was recommended to approve the application, subject to the conditions as outlined within the report.

Councillor McGuire returned to the meeting.

Alderman Bresland expressed his support of the recommendation to approve the application.

Alderman Kerrigan stated that, whilst he supported the application, he would have concerns in relation to the threat of anti-social behaviour in the area and queried what measures were, if any, going to be put in place to alleviate the problem.

The SPO advised that it was not within the remit of Planning to consider anti-social behaviour and it was the responsibility of the PSNI.  However he was aware that there was a locking system included within the proposal for maintenance access.  The PPO clarified the height of the boundary treatment.

The Head of Planning advised that future management of the play park would be the responsibility of the Environment and Regeneration Directorate.

Alderman Bresland moved, seconded by Councillor Kelly to accept the Officer’s recommendation to approve the application.

The outcome of the vote; For 10, Abstention 1, Against 0. The proposal was carried.

The Committee

Resolved       that planning application LA11/2019/0566/F be approved planning permission subject to the conditions as outlined within the report.

 

LA11/2019/0229/F – Proposed new garden shed and observatory dome, 26 Deanfield, Limavady Road, 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 policy, recommended an approval.

 

The Senior Planning Officer in response to Members’ queries confirmed that the dome was operated through a computer, fixed on a pivot and could be angled. He affirmed it was designed for long range viewing of the sky only and that Officers had been assured that this was it’s sole purpose.  He confirmed that one of the policy tests of EXT 1 was that the new extension and ancillary building are subservient to the main dwelling and that Planners were satisfied that this complied with that element of the policy and other relevant policies. 

 

Further discussion occurred after which Councillor Boyle moved, seconded by Alderman McClintock to support the recommendation to approve planning permission, subject to the conditions as outlined within the report.  The Head of Planning was also given delegated approval to consider an appropriate additional condition in terms of the use of the proposal.

 

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

 

 

 

           

The Committee

  

Resolved     to endorse the officer recommendation to approve planning applicationLA11/2019/0229/F subject to the condition in the report and any additional condition that the Head of Planning considers appropriate.

 

LA11/2018/0989/F – Seegronan Extension Wind Farm, Gortnagross Townland, Magherakeel Townland and Meenamullan Townland Killeter.

 

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, based on material consideration and in line with planning policy, recommended an approval.

 

Councillor Kelly requested clarification as to why the current standard of 25 years should be deviated from in this case.

 

Councillor Dobbins echoed the concerns of Councillor Kelly.

 

Following further questions and Member discussion, the Head of Planning advised that the crux of the matter was whether Members were content to allow a further extension to what was previously approved for a further five years only.

 

The Senior Planning Officer clarified for Members that the application had been approved by the Planning Appeals Commission. She stated that the applicant was seeking to gain surety that the turbines they propose to erect could be operational for 30 years.

 

The Lead Legal Services Officer advised Members that the applicant was confirming their equipment could service the site for 30 years and that was the only evidence before Council and that there was no evidence to contradict that. He stated that the Planning Appeals Commission had ruled that the principle of development in the site was permissible. He suggested that the matter be brought into Confidential business.

 

Councillor Dobbins moved, seconded by Councillor Boyle to move the discussion into Confidential business.

 

Following the consideration of the application in confidential business, the discussion resumed in open business as follows:

 

Discussion ensued after which Councillor McGuire moved, seconded by Alderman Kerrigan to support the recommendation to approve planning permission, subject to the conditions as outlined within the report.

 

The outcome of the vote was: For 9; Against 0; Abstentions 2.  The proposal was carried.

           

The Committee

  

Resolved     to endorse the officer recommendation to approve planning application LA11/2018/0989/F.  

 

 

LA11/2018/1004/F – Altgolan Wind Farm, located within the townlands of Altogolan and Meenclogher, Killen, Castlederg.

 

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, based on material consideration and in line with planning policy, recommended an approval.

 

Alderman Kerrigan noted that the site was close to the neighbouring Council boundary and asked whether residents within the neighbouring district had been contacted.

 

In response, the Senior Planning Officer confirmed that all necessary residents had been notified.

 

Alderman Kerrigan moved, seconded by Councillor Boyle to support the recommendation to approve planning permission subject to the conditions as outlined within the report and as explained by the SPO.

 

The outcome of the vote was For; 7, Against 0, Abstention 1.  The proposal was carried.

 

The Committee

 

Resolved       that planning application LA11/2018/1004/F be approved subject to the conditions provided by the Officer.

 

 

 

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