Agenda item

Planning Applications List with Recommendation for Decision

Minutes:

RECONSIDERED APPLICATIONS

LA11/2017/0833/F – Change of use from dwelling to 6 bedroom HMO at 19 West End Park, 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 returned following presentation at a previous meeting, at which Members voted not to accept the Officer’s recommendation to refuse the application.

The Head of Planning reported that, having considered the policy context, representations and all material considerations, it was recommended that planning permission be granted for the proposed development subject to the conditions as outlined within the report. She advised however, that if Members were minded to refuse planning permission, that reason for refusal was included within the report on a without prejudice basis. 

Ms Anne McAteer, Objector who was granted speaking rights addressed the Committee.

Councillor Logue expressed concern with the proposal and the problems that would be experienced by the residents in terms of car parking provision.  She also referred to the Housing Needs Analysis by the Housing Executive which stated that there was a high number of single people waiting on social housing, however in her opinion this proposal would result in the loss of a family home and the statistics provided were not relevant in terms of the application.  She also referred to the spatial size of the proposed HMO which did not meet the statutory requirement.

Councillor Logue proposed not to accept the recommendation to approve planning permission as, in her opinion, the proposal was contrary to Policy AMP 7 of PPS3 (reduced level of car parking provision) and Policy LC 2 of PPS 7 (spatial size of dwelling).  Officers clarified that policy LC2 would not be relevant as found recently by PAC in 3 recent similar cases; as a result the second proposed reason of refusal Policy LC2 was removed.  Alderman McClintock seconded the proposal.

The outcome of the vote was:

For 9

Against 0

Abstention 1

 

The Committee

Resolved         that planning application LA11/2017/0833/F be refused planning permission due to Amp 7 of PPS 3.

 

LA11/2017/0913/O – Proposed site for dwelling and garage on a farm site approx.. 100m SE of 110 Urney 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 application and reminded Members that the application was presented on 4 September 2019 at which Members voted not to accept the Officer’s recommendation to refuse planning permission. 

The Head of Planning reported that, following further review of the application, it was recommended to approve planning permission subject to the conditions as outlined in the report.

Councillor McGuire moved, seconded by Councillor Gallagher to accept the Officer recommendation to grant planning approval.

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

 

The Committee

Resolved       that planning application LA11/2017/0913/O be approved planning permission subject to the conditions as outlined within the report.

 

LA11/2018/0536/F – Proposed single storey dwelling and domestic garage and associated site works at 60m to west of 18 Aghalunny Road, Killeter.

The Principal Planning Officer (PPO) presented the above application, details of which had been previously circulated to Members.  She reminded Members that the application was returned following presentation at a previous meeting at which Members voted not to accept the officer recommendation to refuse planning permission for      reasons as outlined within the report.

The PPO advised that, following reconsideration of the application, Officers remained of the opinion to refuse planning permission for reasons as previously provided.  She further advised that if Members were minded not to accept the recommendation that conditions were provided on a without prejudice basis.

Councillor McGuire moved, seconded by Councillor Kelly that the application be granted planning approval subject to the without prejudice conditions as provided within the report.

The outcome of the vote was:

For 9

Against 0

Abstention 1?

 

The Committee

Resolved       that planning application LA11/2018/0536/F be granted planning permission subject to the without prejudice conditions as outlined withinthe report.

 

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

The PPO presented the above application, details of which had been previously circulated to Members.  She gave an overview of the current status of the application and reminded Members that the application was presented on 4 September 2019, at which Members voted not to accept the Officer recommendation to refuse planning permission.

 

The PPO advised that, following further assessment of the application against relevant policy, Officers remained of the opinion to refuse for reasons as outlined within the report.  She added however, if Members           were minded to approve, conditions without prejudice were provided.  

Councillor Kelly proposed that approval be granted subject to the conditions.  Councillor McGuire seconded the proposal.

The Head of Planning advised Members that this case did not meet the high test requirements of policy CTY6 and should be mindful by not adhering to CTY6 as it may set a wide precedent when dealing with future applications.  So noted by Members.

 

The outcome of the vote was:

For 7

Against 2

Abstention 1

 

The Committee

Resolved       that planning application LA11/2018/0854/O be granted planning permission subject to the without prejudice conditions as outlined within the report.

Councillor Dobbins joined the meeting at this stage.

 

                        APPLICATIONS RETURNED AFTER SITE VISITS

LA11/2018/1053/O – 2 No. infill dwellings under policy CTY 8 of PPS 21 at lands 30m SW of 67 Corrody Road, Waterside, Derry.  

 

The Planning Officer presented the above application, details of which had been previously circulated to Members.  He gave an overview of the background to the application and, based on material          consideration, recommended a refusal for reasons as outlined within           the report.

Mr Matt Kennedy, Agent who was granted speaking rights addressed the Committee.

 

The PPO clarified the following for Members:

·                Planning Section was not aware that the client acquired land for access, this detail was included in the late information submitted the previous day and would have to be reconsidered.

·                Regarding No. 5 refusal reason; noise assessment required by Environmental Health was to assess the impact the adjacent industrial buildings would have on the proposal, not the adjacent proposed go-cart track.

·                The proposal was contrary to Policy CTY8 of PPS 21 as the policy only permitted a maximum of 2 dwellings, and officers considered the gap was large enough to accommodate more than 2 dwellings.

Councillor Logue referred to the late information submitted and sought clarification in relation to the acoustic report and whether this was required.  The PPO clarified that the noise assessment report was required in order to assess the noise impact on the proposed residential dwellings from the adjacent industrial units at this location.  She confirmed that in the first instance the applicant was contacted about this request.  She further advised that Committee were informed verbally of the Environmental Health response in order to assist with the decision making process today.

Councillor Logue expressed the opinion that she was somewhat confused about the need for an acoustic report.  The Lead Legal Services Officer stated that, whilst he appreciated the line of questioning, he felt the need to provide further clarity. He therefore explained that the acoustic report which had been submitted referred specifically to a different application and the potential impact that a go-cart track would have on the existing buildings and the proposed dwellings. It did not address the issue of the acoustic impact of the current operations on the proposed dwellings.

Councillor McKinney referred to refusal reason No. 6 and sought clarity; the PPO advised that a certificate of ownership would be required.

Councillor McKinney suggested that the application be deferred until such information was provided by the applicant.

Alderman McClintock concurred with Councillor Logue’s concern regarding the submission of an acoustic report and the fact that the Agent should have been made aware of this requirement at the initial stage of the application process.

The Lead Legal Services Officer advised that in order to defer the application a substantial reason was necessary.  He reminded Members that the application was assessed by a professional team of Officers against relevant policy in order to reach this stage of the recommendation process.

Councillor Durkan left the meeting at this point.

Councillor McGuire expressed the view that he was not convinced that an acoustic report was required in order for a decision to be made.  He also expressed concern that the refusal reasons were substantial on this occasion.

Councillor Kelly concurred with the previous speakers comments. 

The Lead Legal Services Officer further advised that the acoustic report examined the noise from a proposed development of a go-cart track and had not reflected the current development on the proposed sites.  He stated that the report sought was to deal with the potential impact of the existing operations on the current dwellings and to present evidence to assist the Committee in making a decision in these applications.  The report presented did not address these issues and so was not of evidential value to the Committee.

Councillor Durkan returned to the meeting at this point.

Councillor Dobbins decided to retract from seconding the previous proposal. 

Councillor Logue commented that she was not in a position to make a decision on the proposal and would therefore support a deferral of the application.

Alderman McClintock moved, seconded by Councillor Gallagher to defer the application for further consideration.

 

The outcome of the vote was:

For 8

Against 1

Abstenion 2

 

The Committee

Resolved       that planning application LA11/2018/1053/O be deferred and presented at a future meeting.

 

Councillor Kerrigan joined the meeting at this point.

 

LA11/2018/0177/F – Proposed detached 2 storey dwelling with a new access via Osprey Drive adjacent to 10 Glenaden Hill, 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 in line with planning policy, recommended an approval subject to the conditions as provided within the report.

 

Mr Willam O’Donnell, Objector who was granted speaking rights addressed the Committee.

Mr Andy Tate, Agent who was granted speaking rights addressed the Committee.

Councillor Boyle joined the meeting at this point.

The SPO clarified for Alderman McClintock that, in respect of             neighbourhood notification procedures, there was a statutory obligation to notify residents within a specific radius of the proposed site location. 

The Head of Planning in response to queries raised by Members advised that the application had been assessed against current policy and professional judgement was applied to the recommendation presented.

The PPO referred to the concerns expressed and assured Members that there would be no significant loss of open space and the access had been conditioned in order to mitigate control around such issues.

Councillor Dobbins proposed not to accept the Officer’s recommendation because, in her opinion, the proposal was contrary to          PPS8 as the land should be identified as green space and not developed.   Councillor Kerrigan seconded the proposal.

The Chair expressed his support of the proposal.  He commented that he was familiar with the site and the unique character of Osprey Drive and appreciated that the entrance was an integral part of the site and needed to be retained.

 

The outcome of the vote was:

For 10

Against 0

Abstention 3

 

The Committee

Resolved       not to accept the Officer recommendation to refuse planning application LA11/2018/0177/F.  The application be returned for further consideration and presented at a future Committee meeting.

NEW APPLICATIONS

LA11/2018/1131/RM – Proposed residential development of 362 no. dwellings comprising a mix of 61 no. detached; 248 no. semi-detached, 32 no. Quad bungalows and 21 no. apartments, associated domestic garages, public open space including            equipped children’s play area and all associated landscaping and site and access works at lands accessed from Fincairn Road and Glenshane Road, directly east of Copperthorpe housing development and c.270 metres north of The Beeches, Drumahoe.

 

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

           

Mr Tom Stokes, Agent and Mr Finbar Grogan, Applicant who had been granted speaking rights addressed the Committee.

           

Councillor Boyle expressed his support of the major development and commended the consultation carried out by Braidwater Ltd that resulted in only one objection.

 

Alderman McClintock also welcomed the application and the progression of zoned housing land H25.  She referred to the traffic issues and advised that she was aware that such issues were being dealt with by the various agencies.

           

Alderman McClintock moved, seconded by Councillor McKinney to support approval of the application.

           

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

           

The Committee

 

Resolved       that planning application LA11/2018/1131/RM be approved planning permission subject to the conditions as outlined within the report. 

 

LA11/2019/0271/F- Proposed retention of 3 no. apartments – 2 no. 2 bedroom apartments and 1 no. 1 bed apartment at 19 Westend Park, Derry.

 

The Principal Planning Officer presented the above application, details of which had been previously circulated to Members. She provided a brief summary of the application and, based on material consideration and in line with relevant planning policy, provided a recommendation to approve planning permission for reasons as outlined within the report.

 

Mrs Anne McAteer, Objector and Mr Matt Kennedy, Agent who had been granted speaking rights addressed the Committee.

       

A discussion ensued and Members expressed concern that, despite the need for housing, standards must not drop below the threshold citizens were entitled to.

 

Councillor Kelly asked whether the 150 sqm size standard had been applied rigidly by the Commission in the past.  In response the Principal Planning Officer stated that, whilst this was the standard guideline, there was scope for flexibility.

 

Councillor Logue moved, seconded by Councillor Boyle not to accept the Officer recommendation.

           

The outcome of the vote was;

 

For 11

Against 0

Abstention 1

 

The Committee

 

Resolved   not to accept the Officer’s recommendation to approve planning application LA11/2019/0271/F. The application will be returned for further considerations and presented at a future Committee meeting.

 

Councillors Harkin, Logue and McKinney left the meeting at this point.

 

The Chair asked Members to confirm if they were willing to continue the meeting, stating that it was now after 6.00pm.

Members agreed to continue the meeting until all speakers had been heard, following which, the meeting may at that point be adjourned.

 

LA11/2018/0471/O – Erection of 1 no. detached dwelling and associated site works at site adjacent to No. 30 Prehen Park, Prehen Derry.

 

The Senior Planning Officer presented the above application, details of which had been previously circulated to Members. He provided a brief summary of the application and, based on material consideration and in line with relevant planning policy, provided a recommendation to refuse planning permission for reasons as outlined within the report.

 

Mr Lee Kennedy, Agent who had been granted speaking rights addressed the Committee.

 

A discussion ensued as to the degree to which the woodland area around the site would be affected.

 

The Senior Planning Officer stated that correspondence from the Woodland Trust had been treated as an objection, to which Councillor Boyle responded, stating that he would not have regarded that as such.

 

Alderman McClintock commented that whether or not the local character would be affected was in her opinion a subjective decision. She placed on record her approval of the target to plant two trees for any single tree lost.

 

Councillor Dobbins affirmed that the trees should not be cut down. In support, the Chair stated that he was not convinced that the character of the woods would not be impacted upon.

 

Alderman McClintock moved, seconded by Councillor Boyle not to accept the Officer recommendation, as Members considered it accords with policy

           

The outcome of the vote was:

 

For 6

Against 3

Abstention 0

 

The Committee

 

Resolved           not to accept the Officer’s recommendation to refuse planning application LA11/2018/0471/O. The application will be further considered and returned to a future Committee meeting.

 

LA11/2019/0715/F – Proposed 17.5m telecommunications column, with 6 no. antennae and 2 no. radio dishes. Proposal includes the provision of 4 no. new equipment cabinets and associated ground works adjacent to the Brandywell Greyhound Track within Brandywell Sports Centre, Lone Moor Road, Derry.

 

Councillor Boyle left the Chamber at this point, having made a Declaration of Interest on the above application.

 

The Senior Planning Officer presented the above application, details of which had been previously circulated to Members. He provided a brief summary of the application and, based on material consideration and in line with relevant planning policy, provided a recommendation to approve planning permission for reasons as outlined within the report.

 

Mr Les Ross, Agent who was granted speaking rights addressed the Committee.

 

Members expressed the view that, going forward, more people should be consulted in regards to similar applications. In addition, Councillor Kelly requested that any reviews also be extended to wind farms. Officers advised that a paper would be presented to Members on the issues raised.

 

Alderman McClintock moved, seconded by Councillor McGuire to support approval of the application subject to conditions as outlined in the report.

 

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

 

The Committee

 

Resolved     that planning application LA11/2019/0715/F be approved planning permission subject to conditions as outlined in the report.

 

Councillor Durkan left the meeting at this point.

 

LA11/2019/0128/F – Erection of 12 no. dwellings (all 3-bed semi-detached), associated open space (including allotments, play area and car parking) and extension of road Nr 3, adjacent to and west of 1 Ballynagard Crescent, Culmore, Derry, BT48 8JR. (Amendments to previous approval Ref: A/2011/0197/F) adjacent to and west of 1 Ballynagard Crescent, Culmore Derry.

 

The Senior Planning Officer presented the above application, details of which had been previously circulated to Members. She provided a brief summary of the application and, based on material consideration and in line with relevant planning policy, provided a recommendation to approve planning permission for reasons as outlined within the report.

 

Councillor Boyle re-entered the Chamber at this point.

 

Mr Paul McGarvey, Agent who had been granted speaking rights, addressed the Committee.

Councillor Dobbins moved, seconded by Alderman Kerrigan to support approval of the application as recommended by the Planning Officer.

 

The outcome of the vote was;

 

For 7

Against 0

Abstention 1

 

The Committee

 

Resolved       that planning application LA11/2019/0128/F be approved planning permission subject to conditions as outlined within the report.

 

LA11/2018/0579/F – Proposed 5 no. dwellings (3 no. detached and 2 no. semi-detached) at lands adjacent to 4 Woodvale Grove, Eglinton.

 

The Principal Planning Officer presented the above application, details of which had been previously circulated to Members. She provided a brief summary of the application and, based on material consideration and in line with relevant planning policy, provided a recommendation to approve planning permission for reasons as outlined within the report.

 

Mr Andy Tate, Agent who was granted speaking rights addressed the Committee.

 

Alderman McClintock moved, seconded by Councillor Boyle to support approval of the application, subject to the conditions as outlined in the report.

 

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

 

The Committee

 

Resolved     that planning application LA11/2018/0579/F be approved planning permission subject to conditions as outlined in the report.

 

LA11/2017/1163/F – Three detached houses with garages at 43 Limavady Road, Londonderry.

 

The Senior Planning Officer presented the above application, details of which had been previously circulated to Members. He provided a brief summary of the application and, based on material consideration and in line with relevant planning policy, provided a recommendation to approve planning permission for reasons as outlined within the report.

 

Alderman McClintock commented that road improvement should be added as a condition to the application. The Chair also added that as part of any condition, houses should not be occupied until resurfacing had been completed.

Councillor Boyle moved, seconded by Alderman McClintock to support approval of the application for reasons as outlined by the Senior Planning Officer.

 

The outcome of the vote was:

 

For 7

Against 0

Abstention 1

 

The Committee

 

Resolved       that planning application LA11/2017/1163/F be approved planning permission subject to the conditions as outlined within the report.

 

Supporting documents: