Agenda item

Planning Application List with Recommendation for Decision

Minutes:

LA11/2019/0559/O – Dwelling and garage on the farm – 140m                           South West of 1 Kittybane Road, Newbuildings, Derry.

                        The Principal Planning Officer (PPO) 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 relevant planning policy,                                recommended to refuse planning permission for reasons as outlined                   within the report.

                        Members received speaking rights from Mr Chris Cassidy, Agent who                       outlined reasons to approve the application, following which they                             sought points of clarification in relation to the proposed application.  

                        The Chair invited Members to seek points of clarification from the                            PPO if they so wished.

                        The PPO clarified for Councillor McKinney that the evidence received                       consisted of a number of receipts for work carried out on the farm                           business, however there was insufficient evidence provided to prove                 other work carried out on the farm and therefore the necessary test                              had not been met on this occasion.

            Councillor McGuire referred to policy CTY10 and said that he did not                       agree with the setting of a limit of a size of herd/flock on the farm                            holding and should not be the determining factor when assessing the                        application.

            The Chair concurred with the previous speaker.  He added that                                  discussions were held previously by Committee to ensure that the bar                     for agricultural activity was not set too high and that some level of farm                        activity be accepted.  

                        Councillor Kelly commented that it was his understanding that DEARA                     were not permitted to issue a farm business ID to a family member that                could not demonstrate a farm business arrangement.

                        The PPO reiterated that with this particular case there was no evidence                    to prove farm business due to the lack of receipts presented by the                               Applicant in order to make an assessment in line with policy.   She                                     however assured Members that if this information was forthcoming                                  the proposal would be reviewed accordingly.                                    

                        Councillor Boyle stated that it was a case of interpretation and, given                       the evidence presented, he did not believe that the application had met                         the required test.  He proposed to accept the Officer’s recommendation              to refuse planning permission for reasons as outlined within the report.                  Councillor Mooney seconded the proposal.

                        The outcome of the vote; For 1, Against 7, Abstention 3.  The proposal                    fell.

                        Alderman Kerrigan referred to the size of the plot of land in question                       and commented that it may not be farmed for silage provision.  He                                  also stated that if the applicant was operating the farm business                           together with his brother then there was the risk that receipts were                               identified by the brother’s name. 

                        The Chair suggested to Members that the application be deferred until                   the applicant provided enough evidence to prove a farm business on                 site.

                        The LLSO in response to Members advised that following the outcome                    of the previous vote, Members had the option to either overturn the                Officer’s recommendation and to approve planning permission or to               defer the application until further information was provided by the                          applicant and presented at a future Committee meeting.

 

                        Councillor Mooney proposed, seconded by Councillor McKinney that                       the application be deferred until the September Planning Committee                  Meeting, for to allow the applicant an opportunity to submit additional                information.   

 

 

 

 

                        The outcome of the vote; For, 9, Against 1, Abstention 1.  The proposal                    was carried.

                        The Committee

                                                Resolved       that Planning Application                                                                                               LA11/2019/0559/O be deferred and                                                                             presented at the September Planning                                                                          Committee Meeting.                                                                                  

                        The speaker left the meeting.

                        LA11/2019/1006/F – Proposed 17.5m telecommunications column                   with 6 no. antennae (3 No. enclosed within a shroud, 3 No. not                                    enclosed) and 3 No. radio units.  Proposal includes the provision 4              No. new equipment cabinets and associated ground works on                               grass verge adjacent to footpath 67m south east of the junction of               Rossdowney Road and Kilfennan Link Road, Londonderry

                        The Senior Planning Officer (SPO) presented the above application,                          details of which had been previously circulated to Members.  He                               provided an overview of the background to the application.  He advised                      that, based on material consideration and in line with relevant planning                        policy, it was recommended to approve planning permission, subject to             the conditions as outlined within the report.  

                        Members accepted speaking rights from Mr Les Ross, Agent who                             outlined reasons to support approval of the application.  He then                             provided clarification on queries raised by Members.

The Chair invited Members to seek points of clarification from the SPO if they so wished.

Councillor Boyle referred to the application and queried if alternative sites had been suggested by the applicant.  The SPO confirmed that it was a policy requirement for alternative site locations to be provided.  He explained however that 5 no. alternative sites were viewed but deemed unsuitable due to visual impact and health and safety hazards in terms of construction. 

 

 

 

Alderman McClintock proposed, seconded by Councillor Boyle to support the SPO’s recommendation to approve the application.

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

The Committee

                        Resolved       to support approval of planning                                                           application LA11/2019/1006/F, subject to                                          the conditions as outlined within the                                                          report.

The speaker left the meeting.

                        LA11/2018/0130/F – Replacement and relocation of wind turbine                      approved under J/2012/0038/F including an increase in rotor                             diameter from 26m to 44m and change of hub height from 30m to                         40m – 660m north west of 37 Cavan Road, Castlederg, Co. Tyrone

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 relevant planning policy, recommended a refusal for   reasons as outlined within the report.

Members accepted speaking rights from Mr Gavin McGill, Agent and Mr Andrew Bunbury, Park Hood who outlined reasons to support approval of the application, following which Members sought points of clarification.

Councillor Kelly referred to the terminology used by the Officer in terms of describing the proposal as an ‘upgrade’ despite that it was obvious the proposal was a ‘replacement’.  He also expressed concern that the agent was of the opinion that the submission would not offend the Local Development Plan (LDP), however in his opinion the impact on landscape varied and in relation to this proposal there was an invasion of the countryside which was offensive to the LDP.

 

 

 

 

Discussion ensued after which Councillor McGuire proposed, seconded by Councillor Kelly to accept the SPO’s recommendation to refuse planning approval.  The outcome of the vote was unanimous support of the proposal.

The Committee

                        Resolved       that planning application                                                                        LA11/2018/0130/F be refused planning                                              permission, for reasons as outlined                                                      within the report.

                        LA11/2018/0133/F – Replacement and relocation of wind turbine                      approved under J/2010/0068/F including an increase in rotor                             diameter from 26m to 39m and change of hub height from 30m to                         40m – 680m north west of 37 Cavan Road, Castlederg, Co. Tyrone.

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 relevant planning policy, recommended a refusal for   reasons as outlined within the report.

Members accepted speaking rights from Mr Gavin McGill, Agent and Mr Andrew Bunbury, Park Hood who outlined reasons to support approval of the application.

Discussion ensued after which Councillor McGuire proposed, seconded by Councillor Kelly to accept the SPO’s recommendation to refuse planning approval. 

The outcome of the vote; For 9, Against 0, Abstention 1.  The proposal was carried.

The Committee

                        Resolved       that planning application                                                                        LA11/2018/0133/F be refused planning                                              permission, for reasons as outlined                                                      within the report.

The speakers left the meeting.

The meeting was adjourned to allow Members a comfort break.

 

The Head of Planning advised that the following two applications                 were interconnected (LA11/2018/0189/F and LA11/2018/0277/F) and        would be presented together due to the complexity of the proposals.          She reminded Members to assess both applications on their own merit     and a separate vote on the decision would be required.

                        LA11/2018/0189/F – Erection of supermarket, access road from                         Springtown Road, provision of car parking, landscaping and                               associated site works (relocation of existing Lidl supermarket at 24               Buncrana Road – 6 Springtown Drive, Derry, BT48 0LY and vacant                     site to the south-east bounded by Springtown Road and Buncrana                        Road.

                        The SPO presented the above application, details of which had been                        previously circulated to Members.  She gave an overview of the                                 background to the application and, based on material consideration                         that included relevant planning policy, recommended an approval                                    subject to the conditions as outlined within the report. 

The Head of Planning referred to the Discontinuation Order and advised that legal advice was sought in the matter and careful consideration given towards the recommendation.

Members accepted speaking rights from Mr Dermot Monaghan, Agent who outlined reasons to support the Officer’s recommendation.  Following the presentation, the Members sought points of clarification from the speaker in relation to the proposals.

Alderman Kerrigan proposed, seconded by Councillor McKinney to accept the officer’s recommendation to approve planning permission.  The outcome of the vote was unanimous support of the proposal.

The Committee

                        Resolved       that planning application                                                                        LA11/2018/0189/F be approved planning                                          permission subject to the conditions as                                               outlined within the report.

 

 

                        LA11/2018/0277/F – Change of use from food supermarket to                            Class B4 storage with ancillary trade counter – Lidl Store, 24                                Buncrana Road, Derry

The SPO presented the above application, details of which had been previously circulated to Members.  She gave an overview of the background to the application and, based on material consideration and relevant planning policy, recommended an approval subject to conditions as outlined within the report. 

Members accepted speaking rights from Mr Dermot Monaghan, Agent who outlined reasons to support the Officer’s recommendation.  Following the presentation, the Members sought points of clarification from the speaker in relation to the proposals.

The Chair invited Members to seek clarification from the SPO if they so wished.

The Head of Planning in response to Members queries, provided reassurance that the application had been carefully considered by Officers.  She reminded Members to consider the application on its own merit.  She said that Lidl had little control in terms of car park usage and the key point to consider was that B4 use in planning terms would attract less traffic in comparison to Class 1 use and this would reduce the potential use of the car park in the future.

Councillor Boyle stated that he was not reassured that consideration was given to the other businesses in terms of car parking provision. 

The Chair stated that it was his understanding that the proposed B4 use should not be interpreted as a concern.

The Head of Planning referred to application LA11/2018/0277/Fand explained that the proposed new layout would commence after Lidl relocated and Class 1 use was removed and subsequently the car park would be realigned prior to new business on site.  She further advised that it was important to ensure that Class 1 ended so to avoid 2 No. Class 1 uses and therefore it was essential for the Discontinuation Order to be applied during the correct sequence of events.

Councillor Boyle commented that, whilst he appreciated the timing of sequence of events was necessary, he wanted to ensure that access was not denied to road users after Lidl relocated to the new site.  He said that he welcomed the new store, however it was important that the remaining businesses on site were not negatively affected.

Discussion ensued after which Alderman Kerrigan proposed, seconded by Councillor Mooney to accept the Officers recommendation to approve planning permission. 

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

The Committee

                        Resolved       that planning application                                                                        LA11/2018/0277/F be approved planning                                          permission, subject to the conditions as                                              outlined within the report.

The speaker left the meeting.

Councillor Harkin and Boyle left the meeting.

                        LA11/2019/0204/F – Erection of 2 No. Two Storey Split Level Semi-                  Detached Dwellings – Site 15 Manor Hill, Newbuildings, L’Derry,                        BT47 2JT

                        The SPO 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 consideration of all                              relevant material and planning policy requirements, it was                                             recommended to approve planning permission, subject to the                              conditions as outlined within the report.

                        Councillor Boyle returned to the meeting.

                        Alderman McClintock proposed, seconded by Councillor Kelly to accept                  the SPO’s recommendation to approve the application.  The outcome                 of the vote was unanimous support of the proposal.

                        The Committee

                                                Resolved       that the recommendation to approve                                                                          planning application LA11/2019/0204/F                                                                     be accepted subject to the conditions as                                                                     outlined within the report.

 

 

LA11/2018/0732/O – Proposed housing development for 7 No.              detached dwellings – Lands at 54 Strabane Road, Castlederg, Co.     Tyrone

                        The Chair stated that, with reference to the above application, a request                  had been received from the applicant for a site visit before a decision                  was made by Members.  He advised that due to the current social                                    distancing restrictions there would be a delay in the process, however                 he would be inclined to defer the application until a site visit would                             take place in the future.

                        Members noted that the above application would be deferred to allow                    for a site visit, after which the application would be presented to                            Committee at a future meeting.

                        LA11/2020/0051/DC – Discharge of Condition 19 of planning                             approval J/2011/0335/F:  No turbines shall be erected until a                              scheme for the remediation of any interference with domestic                         television reception has been submitted to and approved in                            writing by the Department – Tievenameeta, Co. Tyrone (townlands                         of Crigshane, Ballymongan, Shanaghy)

Councillor Kelly stated that the above application had been omitted from theweekly Committee/Delegated applications list (ref: 0042-0057) emailed to Members in January 2020.  He therefore queried if it was in line withplanning protocol to deal with the application today, despite the fact that Members had not been notified previously.

 

The PPO clarified that it was her understanding that the application referred to was a subsequent consent and therefore there was no

reason for exclusion from the weekly circulation list to Members.  She agreed to have the matter investigated and report back on the 

outcome to Councillor Kelly. 


The LLSO advised that because the application had been presented previously to Members he was content for an informative decision to

be made today on that basis. 

 

                        The PPO presented the above application, details of which had been                        previously circulated to Members.  She gave an update on the                                   background to the application and, based on material consideration                         and relevant planning policy, recommended that consent be                                             approved, subject to the conditions as outlined within the report.  

                        Councillor Kelly commended the foresight from Planning section to                         ensure that interference be captured at an early stage of the process.

                        Councillor Boyle commented that he would see this as potential for                         dispute in terms of proving that the windfarms interfered with                                   television reception. 

                        The PPO advised that the condition is simply to provide a scheme of                        remediation.  She added that likewise they were specifically looking at a                  scheme and a survey process and anything beyond that would not                             require Planning intervention.

                        Councillor McGuire proposed, seconded by Councillor Mooney to                            approve the recommendation.

                        The outcome of the vote was unanimous support of the proposal and                     the Committee

                                                Resolved       that the recommendation to approve                                                                          planning consent LA11/2020/0051/DC                                                                        be accepted subject to the conditions as                                                                     outlined within the report.

                        LA11/2020/0086/DC – Discharge of Condition 26 of planning                             approval J/2005/0104/F:  No turbines shall be erected until a                              scheme for the remediation of any interference with domestic                         television has been submitted to and approved in writing by the                     Department – Tievenameenta, Co Tyrone.

                        The PPO presented the above application, details of which had been                        previously circulated to Members.  She gave an update on the                                   background to the application and, based on material consideration                         and relevant planning policy, recommended that consent be                                             approved, subject to the conditions as outlined within the report. 

                        Councillor Boyle proposed, seconded by Councillor McKinney to                               support the PPO’s recommendation to approve consent.

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

                        The Committee

                                                Resolved       that the recommendation to approve                                                                          planning consent LA11/2020/0086/DC                                                                        be accepted subject to the conditions as                                                                     outlined within the report.

 

                        LA11/2020/0087/DC – Discharge of Condition 23 of planning                             approval J/2012/0391/F: No turbines shall be erected until a                               scheme for the remediation of any interference with domestic                         television has been submitted to and approved in writing by the                     Department - Tievenameenta, Co Tyrone

                        The PPO presented the above application, details of which had been                        previously circulated to Members.  She gave an update on the                                   background to the application and, based on material consideration                         and relevant planning policy, recommended that consent be                                             approved subject to the conditions as outlined within the report.   

                        Councillor Kerrigan proposed, seconded by Councillor Mooney to                            support the PPO’s recommendation to approve consent.

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

                        The Committee

                                                Resolved       that the recommendation to approve                                                                          planning consent LA11/2020/0087/DC                                                                        be accepted subject to the conditions as                                                                     outlined within the report.

 

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