Derry City and District Council Planning Committee Report

COMMITTEE DATE: 15 th April 2015

APPLICATION No: J/2015/0018/F

APPLICATION TYPE : Leisure and Recreational Facilities

PROPOSAL: Proposed playing area and games area on existing open space (former playground)

LOCATION: Site 30m West of No.3 Mourne Park, Newtownstewart, Co. Tyrone, BT78 4BL

APPLICANT: Strabane District Council, 47 Derry Road, Strabane

AGENT: Graham McCormick, Strabane District Council, 47 Derry Road, Strabane

ADVERTISEMENT: 5th February 2015

STATUTORY EXPIRY: 19 th February 2015

REASON FOR PRESENTATION TO COMMITTEE: Council Application. Non Delegated

RECOMMENDATION : APPROVE

All planning application forms, drawings, maps, letters etc. relating to this application can be accessed on the Planning Portal at www.planningni.gov.uk

1. Description of Proposed Development

The development proposes to upgrade the existing kick about area to a formalised ball games area and provide a playground on the adjacent grassed area. The proposed works to the new ball games area includes 2.4 metre high fencing around its boundary with 1.5 metre wide gates on the southern boundary and a net over the ceiling of this area. The existing steps of the kick about area are to be removed and the ground regraded with topsoil and sewn with grass. The new playground area will be finished in wet pour and enclosed with 1.2 metre high bow top black fencing.

2. Site and Surrounding Area

The site is an area of communal open space located between Mourne Park and Mourne Walk in Newtonstewart. It is located within a high density housing development comprising a mix of two storey and single storey terrace properties. The site comprises an existing kick about area and a smaller informal grassed area. The existing kick about area is a hard standing enclosed by a low wall, approx. 1 metre high, with steps onto the adjacent footpath to the north and parking/turning area to the south. The dwellings at 1 - 3 Mourne Walk back on to the site and their rear gardens are enclosed by 1.8 metre timber fence. The dwellings at 90 - 94 and 98 - 100 Mourne Park face the site with their front gardens predominantly enclosed by 1 metre timber fence.

3. Site Constraints

The application site has no relevant site constraints or designations

4. Neighbour Notification Report

Neighbour Address Date Neighbour Notified 100 Mourne Park 2/12/15 Newtownstewart Tyrone BT78 4BN

1 Mourne Walk, 2/12/15 Newtownstewart Tyrone BT78 4BQ

2 Mourne Walk 2/12/15 Newtownstewart Tyrone BT78 4BQ

3 Mourne Walk 2/12/15 Newtownstewart Tyrone BT78 4BQ

44 Mourne Park 2/12/15 Newtownstewart Tyrone BT78 4BL

45 Mourne Park 2/12/15 Newtownstewart Tyrone BT78 4BL

46 Mourne Park 2/12/15 Newtownstewart Tyrone BT78 4BL

47 Mourne Park 2/12/15 Newtownstewart Tyrone BT78 4BL

48 Mourne Park 2/12/15 Newtownstewart Tyrone BT78 4BL

4 Mourne Walk 2/12/15 Newtownstewart Tyrone BT78 4BQ

5 Mourne Walk 2/12/15 Newtownstewart Tyrone BT78 4BQ

6 Mourne Walk 2/12/15 Newtownstewart Tyrone BT78 4BQ

7 Mourne Walk 2/12/15 Newtownstewart Tyrone BT78 4BQ

87 Mourne Park 2/12/15 Newtownstewart Tyrone BT78 4BN

88 Mourne Park 2/12/15 Newtownstewart Tyrone BT78 4BN

89 Mourne Park 2/12/15 Newtownstewart Tyrone BT78 4BN

8 Mourne Walk 2/12/15 Newtownstewart Tyrone BT78 4BQ

90 Mourne Park 2/12/15 Newtownstewart Tyrone BT78 4BN

91 Mourne Park 2/12/15 Newtownstewart Tyrone BT78 4BN

92 Mourne Park 2/12/15 Newtownstewart Tyrone BT78 4BN

93 Mourne Park 2/12/15 Newtownstewart Tyrone BT78 4BN

94 Mourne Park 2/12/15 Newtownstewart Tyrone BT78 4BN

97 Mourne Park 2/12/15 Newtownstewart Tyrone BT78 4BN

98 Mourne Park 2/12/15 Newtownstewart Tyrone BT78 4BN

99 Mourne Park 2/12/15 Newtownstewart Tyrone BT78 4BN

9 Mourne Walk 2/12/15 Newtownstewart Tyrone BT78 4BQ

5. Relevant Site History

The application site has no relevant site history.

6. Policy Framework

Strabane Area Plan 1986 - 2011

Planning Policy Statement 1 : General Principles

Planning Policy Statement 8 : Open Space, Sport and Outdoor Recreation

7. Consultee Responses, Internal/External

Transport NI have no objections to the development

Strabane District Council Environmental Health Department has no objections to the proposed development in principle. The proposal consists of the redevelopment of an existing area designated for recreational purposes to provide modern facilities. Any impact on residential amenity is therefore not expected to significantly increase. In addition the provision of a fenced area around the perimeter of the playing field enables access to be restricted to prevent its use beyond designated times as determined by the Department. If floodlighting is associated with the development, it may have the potential to impact on existing residential dwellings. It is therefore imperative that the design, installation and operation of the system does not interfere with the residential amenity, use or enjoyment of any nearby residential property. All flood lighting associated with the development is optically controlled to minimise light pollution from glare and light spill. An informative should be applied in any approval issued.

8. Representations Consideration

No letters of support or objection to the development have been received.

9. Planning Assessment and Other Material Considerations

The application site is an existing area of communal open space within a housing development. The site currently comprises a communal kick about area and an informal grassed area. The proposal is for the redevelopment of these areas to provide a formalised ball games area and playground. The application site is an area of white land located within the settlement limits of Newtonstewart as designated in the Strabane Area Plan 1986 - 2011. The main planning considerations that need to be taken into account in assessing this proposal are PPS 8, in terms of protection of this existing area of open space, and PPS 1 in terms of amenity and design. Policy OS 1 of PPS 8 states that the Department will not permit development that would result in the loss of existing open space or land zoned for the provision of open space. The presumption against the loss of existing open space will apply irrespective of its physical condition and appearance.

The planning authority operates a general presumption against the loss of open space. The development will facilitate the retention of an existing amenity area and will benefit the local community as a recreational facility. The area is currently used as a kick about area and its redevelopment will not significantly increase any impacts on the residential amenity of the surrounding properties in terms of noise or disturbance. The residents have not objected to the proposal. Environmental Health also have no concerns regarding the development. The provision of the fence around the new games area will enable the Council to restrict access to prevent its use beyond designated times. The development does not incorporate any flood lighting. The site has no significant nature conservation or biodiversity value. The proposal complies with Policy OS 1 of PPS 8. The proposal will not generate any significant increase in vehicular traffic and will not prejudice public safety. Transport NI have no objections to the development.

The new playground area will be finished in wet pour and enclosed with 1.2 metre high bow top black fencing. The new ball games area will be enclosed by 2.4 metre high fencing with a gated access and a net over. These structures are of an appropriate design and scale to serve their security function and they will not have a significant impact upon the visual amenity or character of the area. The existing steps of the kick about area are to be removed and this ground will be regarded with topsoil and sewn with grass.

10. Conclusion and Recommendation

Having considered all material considerations, including the Development Plan, relevant planning policies, consultations etc. I would recommend that the Planning Committee gives consideration to my professional report and recommendation to grant planning permission for the proposed playground and ball games area.

11. Conditions

1. As required by Article 34 of the Planning () Order 1991, the development hereby permitted shall be begun before the expiration of 5 years from the date of this permission.

REASON: Time Limit.

2. The proposed fencing to the ball games area shall be coloured black.

REASON: In the interests of visual amenity