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ARDS AND NORTH BOROUGH COUNCIL

24 October 2019

Dear Sir/Madam

You are hereby invited to attend a meeting of the Planning Committee of the Ards and North Down Borough Council which will be held in the Council Chamber, 2 Church Street, on Tuesday, 5 November 2019 commencing at 7.00pm.

Tea, coffee and sandwiches will be available from 6.00pm.

Yours faithfully

Stephen Reid Chief Executive Ards and North Down Borough Council

A G E N D A

1. Apologies

2. Declarations of Interest

3. Matters arising from minutes Planning Committee Meeting of 1 October 2019 (Copy attached)

4. Planning Applications (Reports attached)

The application seeks full planning permission for a residential development of 8 no. dwellings - 4 no. dwellings at sites formerly numbered as 235 and 238 to become sites nos. 233, 234, 235 and 236; and change of house types to 3 no. dwellings at site nos. 174, 175 and 233 and retrospective permission for a change of house type to site 155. Amendment to LA06/2019/0460/F previously approved application LA06/2017/0533/F 4.1

Land to the East of 1-11 Old Forge Avenue and 2-8, 17,19 Old Forge Drive and 110b,110c, 110d Movilla Road; South of 110a Movilla Road; West of 112 Movilla Road, Wright Waste Management Ltd and 124a Movilla Road; North of First Street, Rivenwood and First Avenue, Rivenwood, Newtownards

Erection of 16 no. dwellings comprising of 2 detached and 14 semi-detached dwellings, along with associated car parking and landscaping and associated site works (Proposed amendment to site nos. 157 & 165-175 of LA06/2019/0100/F 4.2 residential development previously approved under reference LA06/2016/0596/F)

Lands situated approximately 90m north of 3 Lord Wardens Mews BT19 1TH and immediately to the rear of 2-14 Helen’s Wood Lane BT19 1GE. Former Juvenile Justice Centre Site (169 Rathgael Road) Proposed wastewater treatment works (WWTW) with tanks, pipework, metalwork access walkways, paladin 4.3 LA06/2018/0906/F perimeter fencing, perimeter earth bund, landscaping and solar PV array

Land to the rear of 10 Ganaway Road, Timber fencing around existing pond to create new external otter enclosure. Enclosure of grass area to create new external penguin enclosure, including 4.4 LA06/2019/0623/F outdoor pool, penguin house/pumping house, and associated perimeter security fencing

Lands east of and immediately adjacent to Exploris Aquarium, The Rope Walk, Castle Street, One 32’x10’ (9.7m x 3m) customised container to LA06/2019/0493/F provide storage and meeting place/workshop 4.5 Approximately 30m South of 27 Springfield Road (Anchor Car Park), Retrospective permission is sought for the development of the sensory garden, wheel park, bike LA06/2018/0738/F 4.6 track and play park at the new Ards Blair Mayne Wellbeing and Leisure Centre

Dairy Hall Playing Fields, John Street, Newtownards Upgrading to the existing path and loop walk, installation of a 1.5m weld-mesh fence, step construction. Upgrading and installation of a water bound gravel path, new drainage underneath path, installation of 1.2m estate fencing and seating. 4.7 LA06/2019/0570/F Repairs to existing stone wall, removal of low-level vegetation and all associated site works Walking trail within Nugent's Wood adjacent to the Lough Shore Road, Portaferry (from 16 The Strand to 1 Lough Shore Road, Portaferry) Demolition of existing enclosed yard / boiler house and construction of single storey side extension. Removal of storage container to rear and construction of single 4.8 LA07/2019/0866/F storey store to rear. Single storey extension to front to provide new entrance and additional internal space. CCTV column to front of site.

Ballygowan Village Hall, Road, Construction of discount food store, provision of car parking, landscaping and associated site works (relocation of existing supermarket at No. 1 Jubilee Road - supermarket building to be retained but food store use to be extinguished and transferred to the application site)- Additional information/plans received

4.9 LA06/2018/1388/F Undeveloped land bounded by Castlebawn Drive to the East immediately opposite and West of Castlebawn Retail Park, and approximately 120m North of Messines Road (otherwise known as the A20 Southern Relief Road) Newtownards

Approved at Planning Committee meeting of 1 October 2019 - Update on associated legal agreement

5. Update on Planning Appeals (Report attached)

6. Planning Budgetary Control Report – September 2019 (Report attached)

7. Update on NIW’s Capital Plan and Implications for Planning (Report attached)

8. Housing Growth Indicators for Ards and North Down (Report attached)

9. Update on NI Planning Portal Replacement Project (Report attached)

***IN CONFIDENCE***

10. Update on Planning Enforcement Matters (Report attached)

***NOT IN CONFIDENCE***

11. Report on Estate Agent Signage (Report attached)

MEMBERSHIP OF PLANNING COMMITTEE (16 MEMBERS)

Alderman Gibson Councillor Cooper Alderman Girvan Councillor Kennedy Alderman Keery Councillor McAlpine Alderman McDowell Councillor McClean Alderman McIlveen (Chairman) Councillor McKee Councillor Adair Councillor P Smith Councillor Brooks Councillor Thompson Councillor Cathcart Councillor Walker (Vice Chairman)

ITEM 10.2.

ARDS AND NORTH DOWN BOROUGH COUNCIL

A meeting of the Planning Committee was held in the Council Chamber, 2 Church Street, Newtownards on Tuesday, 1 October 2019 at 7.00pm.

PRESENT:

In the Chair: Alderman McIlveen

Aldermen: Gibson Keery Girvan McDowell

Councillors: Adair McClean Brooks McKee Cathcart P Smith Cooper Thompson Kennedy Walker McAlpine

Officers: Director of Regeneration, Development and Planning (S McCullough), Head of Planning (A McCullough) and Democratic Services Officers (M McElveen & P Foster)

Also in attendance: Diana Thompson, MBA Planning

WELCOME

The Chairman (Alderman McIlveen) welcomed members and officers to the meeting and made a special mention of those persons with speaking rights and members of the public seated in the public gallery.

NOTED.

1. APOLOGIES

Apologies were noted from Councillor Kennedy.

Apologies for lateness were noted for Councillor McClean.

NOTED.

2. DECLARATIONS OF INTEREST

The Chairman sought declarations of interest at this stage.

There were no declarations of interest.

NOTED.

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3. MATTERS ARISING FROM MINUTES PLANNING COMMITTEE MEETING OF 3 SEPTEMBER 2019

PREVIOUSLY CIRCULATED:- Copy of the above.

There were no matters arising.

RESOLVED, that the minutes be adopted.

4. PLANNING APPLICATIONS

4.1 LA06/2018/1388/F – Construction of Discount Food Store, Provision of Car Parking, Landscaping Associated Site Works (relocation of existing supermarket at No 1 Jubilee Road, Newtownards (Appendix I)

PREVIOUSLY CIRCULATED:- Case Officer’s Report and Addendum to Case Officer’s Report.

DEA: Newtownards Committee Interest: Major Development Application Proposal: Construction of discount food store, provision of car parking, landscaping and associated site works (relocation of existing supermarket at No. 1 Jubilee Road - supermarket building to be retained but food store use to be extinguished and transferred to the application site)- Additional information/plans received Site Location: Undeveloped land bounded by Castlebawn Drive to the East immediately opposite and West of Castlebawn Retail Park, and approximately 120m North of Messines Road (otherwise known as the A20 Southern Relief Road) Newtownards Recommendation: Approval subject to conditions and legal agreement relating to Discontinuance Notice

The Head of Planning stated that this application was before the Committee as it was in the major development category. She stated that it was a full application for the construction of a foodstore located within the Castlebawn site, directly across from the existing Burger King restaurant and drive thru in Newtownards.

The Head of Planning noted that Lidl had been operating out of its existing foodstore located at 1 Jubilee Road, Newtownards since 2005, and subject to approval by the Council, it was proposed to move its operations from that current location to the proposal site. The proposal marked a £5.5m investment in a new concept store which would include 55 construction jobs. The move marked proposals to move to a larger, more accessible site with better car parking facilities.

The proposal was designed to allow Lidl to carry out its full range of goods and function efficiently as a supermarket to both basket and trolley shopping. As detailed within the Officer’s Report it would:

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• Comprise of gross floorspace of 2205m2 and net sales area of 1420m2; • Have parking for 136 cars; (c124 on current site) • Use of existing junctions created as part of the development of the A20 southern relief road; • Modern mono pitched roof building consisting of glass and cladding; • Creation of a service yard discreetly positioned to rear of building and screened from public view.

The Head of Planning noted that as the current Lidl store already lay outside the existing town centre of Newtownards, and considering the very small increase in net floorspace of 134 m2 net, and the fact that this Castlebawn site was designated within the extant development plan as a Development Opportunity site, it was not considered that the relocation of the store from Jubilee Road to this location would have any adverse impact on the town centre. As detailed within the report, the retail use at the existing store would be extinguished by way of a discontinuance order, which was currently being progressed alongside the Planning Department’s legal team. It would ensure that the retail use as Class A1 at the existing store would be discontinued prior to operation commencing of the proposed store. Proposals for use of the existing store would be considered at a later date when a planning application was forthcoming.

The Head of Planning advised that no objections had been received, and consultees were content subject to inclusion of conditions. Therefore, full planning permission was recommended with a request for delegated authority to review and amend conditions as necessary and to progress the associated Discontinuance Order.

The Chairman invited questions from members.

Councillor Cathcart referred to the pursuance of the Discontinuance Order and asked if that formed part of the overall application.

In response the Head of Planning confirmed that it was not conditioned as part of the approval however she was pursuing the need to have the Discontinuance Order sealing approved at the October Council meeting in order to have the existing building’s use extinguished prior to development at the new site at Castlebawn. Continuing the Head of Planning stated that the existing retail use of the building on the Jubilee Road would see retail use extinguished and any subsequent planning applications which may come in for that building could be considered at that stage. She added that the site at the Jubilee Road would subsequently be designated as ‘nil use’.

At this stage Councillor P Smith sought confirmation that the site at Jubilee Road would no longer be classed as a retail site.

The Head of Planning stated that under current policies officers adopted a town centre first approach and Lidl’s move to the new site at Castlebawn would enable the store to enjoy the benefits of a more accessible site. She informed members as aside that Lidl had already indicated that it would waive its right to compensation.

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At this stage Councillor McAlpine referred to the existing off sales in the Jubilee Road store and asked if there would be any planning implications in respect of that within the proposed new store.

In response the Head of Planning confirmed that the site at Jubilee Road was ‘Class A Retail’ use which included the off licence. She stated that on moving to the new site, Lidl’s would be required to reapply to the County Court to seek the relevant off licence approvals.

Referring to the Discontinuance Order, Alderman McIlveen asked if that was required to protect the town centre from additional out of town centre retail units.

The Head of Planning confirmed that the regional policy directed a Driven Town Centre First approach.

The Chairman invited Diana Thompson of MBA Planning to come forward who was speaking in support of the application.

Ms Thompson stated that she would be speaking in support of the application which was seeking an approval recommendation. She commented that as members may be aware from the local press, Lidl was in the process of expanding and developing its portfolio throughout . Continuing she informed members that Lidl had had a presence in Newtownards since 2005 and provided employment for 18 members of staff. However, it was now felt the existing store in Newtownards no longer met customer expectations, and while Lidl’s preference would be to redevelop on its existing site, that was not feasible.

The site at Castlebawn Retail Park was as members would be aware a long-awaited retail park, which she noted had been showcased on behalf of the Council at a MIPIM stand last March. Continuing she stated that Lidl was keen to secure a timely consent and an essential part of that was that the existing supermarket use of its current store was to be extinguished by a legal agreement between it and the Council. That would enable the relocation of the supermarket to a larger and more accessible site. It was the preferred choice that it was secured via a negative condition to allow the approval notice to be issued as soon as possible, however she accepted that the Planning Department was not advocating use of a negative condition. She added that she was aware the matter would progressed via full Council and as long as progressed in an efficient manner, she indicated that her client would have no objection. She indicated that her client’s main priority was the acquisition of the green form to enable them to approach the County Court to transfer the off licence.

Continuing she stated that the delivery of the new Lidl store was key to unlocking the potential of the Castlebawn West Retail Park as well as bringing the following benefits:

• Investment of £5.5M • 12 new Full-time Jobs • 55 Construction Jobs 4

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• Regeneration of Otherwise Redundant Land • Sustainable Facilities • Larger Floor Space • Continued work with approximately 50 local suppliers from the Borough

By way of summing up Ms Thompson thanked the Head of Planning and her team for their help with processing the application so efficiently, adding that it was hoped the new store would be open for business by the end of 2020.

The Chairman invited questions from Members.

Alderman McDowell referred to the proposed link between Court Street and the Castlebawn site and asked if there were any updates on that.

Ms Thompson confirmed that a planning application had been submitted for the Bawn Wall site which included a pedestrian link from Court Street into what would be an area of housing. She noted that would then link on to the Castlebawn Retail site.

Proposed by Councillor P Smith, seconded by Alderman Keery, that the recommendation be adopted, and that approval was granted subject to conditions and legal agreement relating to Discontinuance Notice.

RESOLVED, on the proposal of Councillor P Smith, seconded by Alderman Keery, that approval was granted subject to conditions and legal agreement relating to Discontinuance Notice.

(Councillor McClean entered the meeting at this stage – 7.16pm)

5. UPDATE ON PLANNING APPEALS (Appendix II)

PREVIOUSLY CIRCULATED:- Report dated 13 September 2019 from the Director of Regeneration, Development and Planning stating that the following appeal was dismissed on 23 August 2019.

Appeal reference: 2018/A0232 Application Reference: LA06/2017/0491/F Appeal by: Mr Eric McVea Subject of Appeal: Retention of an agricultural shed for the purpose of indoor cattle wintering Location: Land approximately 30m west of 4 Ballyblack Road East, Newtownards

The Council refused this application on 7 November 2018 for the following reasons:

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• The proposal was contrary to Policy CTY1 of Planning Policy Statement 21, Sustainable Development in the Countryside in that there were no overriding reasons why this development was essential in this rural location and could not be located within a settlement

• The proposal was contrary to Policy CTY12 of Planning Policy Statement 21, Sustainable Development in the Countryside in that, it was not necessary for the efficient use of the agricultural holding; the proposal was not sited beside existing farm buildings and the applicant had not provided sufficient information to confirm the following:

- there were no suitable existing buildings on the holding that could be used; - that exceptional circumstances existed to justify an alternative site away from the main farm group

• The proposal was contrary to Policies CTY12 of Planning Policy Statement 21 ‘Sustainable Development in the Countryside’ in that the applicant had not been demonstrated that the proposal would not result in detrimental impact on the amenity of a residential dwelling (No.4 Ballyblack Road East, ) which was outside the holdings, (including potential problems arising from noise, smell and pollution).

• The proposal was contrary to Policy CTY8 of Planning Policy Statement 21, Sustainable Development in the Countryside in that the building added to an existing ribbon of development along the Ballyblack Road East.

• The proposal was contrary to Policy CTY13 of Planning Policy Statement 21, Sustainable Development in the Countryside in that the site will rely primarily on the use of new landscaping for integration

The Commissioner sustained 4 of the 5 refusal reasons:

The appeal building was not demonstrated as necessary for efficient use of the agricultural holding (criterion (a) of Policy CTY 12). The Commissioner was of the opinion there was an existing building within the group of buildings on the farm holding therefore the exceptional test was not complied with.

Despite there being no objection by neighbours to the shed, the Commissioner stated that public interest involved protecting the amenity of future residents. There were no acoustic fencing/ventilation extraction facilities proposed and therefore the proposal offended criterion (e) of Policy CTY 12.

As the proposal failed criterion (a) and (e) it therefore failed CTY 1 of PPS 21.

The Commissioner considered the building to have sufficient natural boundaries to appear adequately integrated therefore the refusal reason regarding Policy CTY 13 was not sustained.

The decision was attached to the report. 6

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New Appeals Lodged

The following enforcement appeal was lodged on 28 August 2019:

Appeal reference: 2019/E0032 Application Reference: LA06/2018/0262/CA Appeal by: Mr Ben Hamilton Subject of Appeal: i) The alleged unauthorised erection of a two- storey building consisting of a residential apartment use at first floor level with entry via an external stairwell and an agricultural use at ground floor level. ii) The alleged unauthorised erection of a single storey detached garage Location: Lands at 60 Old Belfast Road, Newtownards

Details of appeal decisions, new appeals and scheduled hearings could be viewed at www.pacni.gov.uk.

RECOMMENDED that the Committee notes the content of this report.

AGREED TO RECOMMEND, on the proposal of Alderman Gibson, seconded by Alderman Keery, that the recommendation be adopted.

6. PLANNING BUDGETARY CONTROL REPORT – AUGUST 2019 - FILE FIN45

PREVIOUSLY CIRCULATED:- Report from the Director of Regeneration, Development and Planning detailing that the Planning Budgetary Control Report covered the 5-month period 1 April to 31 August 2019 and was set out in Report 1 on page 2. The net cost of the service was showing an overspend of £15,159 (3.5%) – box A.

A key assumption of the 2019/20 rates setting process was that payroll budgets would be £600k under spent so this was built into the Council’s 2019/20 budget. This budget was shown separately from Services so had not been included in the variance above. The Planning Service’s year to date share of this salary rebasing budget on a pro-rata basis was £15,443 so, if this was included, the adverse variance would increase to £30,602.

Explanation of Variance

The Planning budget performance was further analysed on page two into three key areas: -

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Report Type Variance Box Report 2 Payroll Expenditure £200 adverse B Report 3 Non-Payroll Expenditure £15,459 favourable C Report 4 Income £30,418 adverse D

Boxes B, C and D add up to the overall adverse variance (Box A - £15,159).

This variance could be summarised in the following table: -

Type Variance Comment £’000 Payroll Expenditure 0.2 Non-payroll Expenditure (15.5) A number of small underspends to date.

Planning application income is £56.3k behind budget. Property Planning Income 30.4 Certificate income is £25.9k better than budget. Total 15.2 Box A

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REPORT 1 BUDGETARY CONTROL REPORT Period 5 - August 2019 Year to Date Year to Date Variance Annual Variance E Actual Budget Budget O Y £ £ £ £ % £ Planning 330 Planning 454,159 439,000 15,159 1,207,400 3.5 Total 454,159 439,000 A 15,159 1,207,400 3.5

REPORT 2 PAYROLL EXPENDITURE BUDGETARY CONTROL REPORT

£ £ £ £ % £ Planning - Payroll Expenditure

330 Planning 788,900 788,700 200 1,895,600 0.0

Total 788,900 788,700 B 200 1,895,600 0.0

REPORT 3 NON-PAYROLL EXPENDITURE BUDGETARY CONTROL REPORT

£ £ £ £ % £ Planning - Non-Payroll Expenditure

330 Planning 57,241 72,700 (15,459) 310,300 21.3

Total 57,241 72,700 C (15,459) 310,300 21.3

REPORT 4 INCOME BUDGETARY CONTROL REPORT

£ £ £ £ % £ Planning - Income

330 Planning (391,982) (422,400) 30,418 (998,500) (7.2)

Totals (391,982) (422,400) D 30,418 (998,500) (7.2)

RECOMMENDED that the Council notes this report.

AGREED TO RECOMMEND, on the proposal of Councillor P Smith, seconded by Councillor Cooper, that the recommendation be adopted.

7. PROPOSED AMENDMENT TO SCHEME OF DELEGATION (Appendix III)

PREVIOUSLY CIRCULATED:- Report from the Director of Regeneration, Development and Planning stating that the Council’s Scheme of Delegation contained a list of non-mandatory planning applications that were determined by the Planning Committee (see Part B: Non-Mandatory applications for determination by Planning Committee in Item 7a).

Included in Part B was ‘a Local development application where an associated major application is due to be or has been determined by the Planning Committee – such association to be determined and recorded by the Head of Planning’ (see highlighted text in Item 7a). 9

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From previous experience, the most common application falling into this category had been for a change of house type, or a change to a condition, to that previously approved through the major application for a housing development. To date those types of minor applications had been relatively straightforward to process and had not attracted any public objection but under the current Scheme of Delegation must be presented at a Planning Committee meeting.

Further to feedback from a number of planning agents and developers regarding the minor nature of such applications and the delay that this clause imposed, it was considered appropriate to amend the Scheme of Delegation to remove this requirement.

Those local development applications where an associated major development application was due to be or had been determined by the Planning Committee would be included on the weekly delegated list, with text to highlight to Planning Committee where a relationship occurred, to enable opportunity for call-in if required. Should the Head of Planning consider that such an application was pertinent for determination by Planning Committee, she had the power to refer to Planning Committee directly. Additionally, where such an application attracted the relevant level of objection contrary to an officer recommendation, the proposal would be presented to Planning Committee regardless.

Should this approval be forthcoming, prior to adoption, the Scheme of Delegation requires to be submitted to the Department for Infrastructure for approval, in line with Regulation 9 of The Planning (Development Management) Regulations (Northern Ireland) 2015.

RECOMMENDED that the Council approves this amendment to the Scheme of Delegation.

Alderman Keery proposed, seconded by Councillor Cathcart, that the recommendation be adopted.

Councillor Cathcart noted the proposed change of conditions and voiced some concern that developers could roll back on some of those in respect of roads. Therefore, in light of that he sought reassurance that such conditions would not be hidden.

In response the Head of Planning confirmed that they would still appear on the delegated list and annotated to draw Members’ attention to the related major approval.

The Chairman, at this stage acknowledged the comments made by Councillor Cathcart and questioned where the lines would be drawn in some matters.

The Head of Planning confirmed that the sentence ‘a Local development application where an associated major application is due to be or has been determined by the Planning Committee – such association to be determined and recorded by the Head of Planning’ would be completely removed. She added that the Delegated List would 10

PC.01.10.19 make reference to Previously Approved Major Applications and then it would be up to members to decide whether or not it was pertinent to refer to the Planning Committee. She added that would enable a safeguard to always remain in place.

The Chairman noted that it was originally in the Scheme of Delegation as it was the Council’s interpretation of the legislation for major applications. He added that he presumed something of this nature would be run past the Council’s legal team and therefore he asked if permission would need to be granted by the Department.

In response the Head of Planning confirmed that it was not a legal requirement but instead was something officers had decided to adopt and if the matter was approved it would be submitted to the Department for approval.

AGREED TO RECOMMEND on the proposal of Alderman Keery , seconded by Councillor Cathcart, that the recommendation be adopted.

7B. OUTCOME OF DFI PLANNING VISITS TO PLANNING COMMITTEES (Appendix IV)

PREVIOUSLY CIRCULATED:- Report from the Director of Regeneration, Development and Planning stating that members may recall being made aware of the intention of the Department for Infrastructure’s Planning Division to paying visits to Planning Committee meetings as part of its oversight role in relation to the planning system.

A number of visits were made to Planning Committee during 2018, including three visits to Ards and North Down.

The Chief Planner for Northern Ireland, Angus Kerr, had now written in respect of DFI’s findings from this exercise, which was attached to this report.

Whilst there was recognition of good debate taking place around issues, strong chairs managing meetings, and competent and professional planning officials providing advice to members, there were a number of issues raised as follows:

• An apparent low level of understanding of planning policies, particularly in relation to housing in the countryside (PPS 21), and built heritage matters (PPS 6) leading to overturn of officer recommendations, and often lack of clear planning reasons being presented for decisions made; • Lack of clarity surrounding why certain applications had been called into Committee – raising concern around performance of the committee in terms of numbers being referred; • Prolonged drawn out discussion on non-planning related matters, and limited use of visual aids; • Lack of clarity regarding how conflicts of interest were handled.

The letter concluded by highlighting a recommendation made by the Local Government Commissioner for Standards under section 61 of the Local Government

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Act (Northern Ireland) 2014 in respect of members being required to have attended mandatory training prior to taking part in decision making within the Planning Committee.

The Head of Planning would review each of the concerns raised in liaison with the Director.

RECOMMENDED that the Council notes the content of the Chief Planner’s letter and the judgment referred to and attached

Councillor McClean proposed, seconded by Councillor Cooper, that the recommendation be adopted.

The Head of Planning guided members through the report highlighting the salient points within it.

Alderman Gibson referred to the matter of site meetings and acknowledged that in some Council areas all members attended all site meetings which generally were held during the day. He suggested that the Council’s Planning Committee had done well not to become too involved in such practices however he expressed the view that on occasions it may be useful to hold site meetings as they could potentially shorten the length of Committee meetings. He added that overall the report was good and the system in place had worked well to date.

AGREED TO RECOMMEND, on the proposal of Councillor McClean, seconded by Councillor Cooper, that the recommendation be adopted.

7C. PLANNING MONITORING FRAMEWORK (Appendix V)

PREVIOUSLY CIRCULATED:- Report from the Director of Regeneration, Development and Planning stating that the first publication of the Northern Ireland Planning Monitoring Framework 2018/2019 had just been published by the Analysis, Statistics & Research Branch of the Department for Infrastructure.

Background

Since 2016 the Department for Infrastructure (the Department) had been working with local Councils to develop a planning performance management framework. To assist in this, in July 2016, the Department commissioned Mark Hand, Head of Planning at Monmouthshire Council, to work with the 11 planning authorities to devise and agree a set of indicators for planning.

The framework had been formulated following discussions and a workshop with DfI, Heads of Planning and relevant senior local government officers; as well as consideration of good practice in other regions (primarily Wales and Scotland); a customer survey asking planning agents / developers what is important to them in terms of an effective planning system; and feedback from Councils and DfI officials on the draft report issued in January 2017.

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The purpose of the framework was to measure performance in a proportionate and meaningful way and to use the collected data to help drive service improvements. The desired outcome was a positive, efficient and effective planning system for Northern Ireland. Any performance management framework would evolve with time, as lessons are learnt or as circumstances, challenges or priorities change.

The outcomes of the framework would be of benefit to Councils in helping them to identify best practice and to drive forward continuous improvement. It would also help central and local government to demonstrate planning’s contribution to delivering the draft Programme for Government (PfG) outcome-based indicators. Those included a strong, competitive, regionally balanced economy; protection of the environment; a healthier and more equal society; and a society where people were connected with opportunities through infrastructure. That required central government to work with local government, private sector, voluntary and community sectors to maximise what could be achieved collectively.

Whilst there were currently three statutory planning indicators, it was widely recognised that those did not cover all the work carried out by the local planning authorities (LPAs). This framework would help to address this by capturing data on other planning-related activities.

Reports were previously presented to Planning Committee on that ongoing work in June 2017 and February 2018.

Planning Activity Statistics

It was important to highlight to members that since the transfer of planning powers to Councils in April 2015, the quarterly bulletins published by the Analysis, Statistics and Research Branch of DFI presented a summary of provisional Northern Ireland planning volumes and processing performance for the new district councils, and the Department.

The provisional quarterly releases were then replaced by a final annual publication, which contained finalised figures on the volume of applications received and decided, including geographic detail at the district council level, and detail on areas of high public interest (including information on residential development in urban and rural areas), renewable energy and enforcement activity.

Those planning activity statistics could be viewed at https://www.infrastructure- ni.gov.uk/articles/planning-activity-statistics.

The Head of Planning reported to Planning Committee after the publication of each quarterly release, and also at year end providing commentary on the data as published.

It should be noted that the planning activity statistics also included information on the additional activity which the Planning Department undertook which was not fee producing, which consisted of the following:

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• Processing of Discharge of Conditions • Processing applications for Certificates of Lawfulness (Existing and Proposed) • Facilitating Pre-Application Discussions • Review of Proposal of Application Notices • Assessment of Non-Material Change applications • Processing applications for Tree Preservation Orders and applications for consent to carry out works to protected trees and trees within Conservation Areas.

Indicators 1, 2, 3 and 8, as detailed below, replicated the information, in terms of the average processing times for major and local development applications and enforcement conclusion times, that was contained within the quarterly statistics.

Planning Monitoring Framework Indicators

The list of indicators under the new framework included the three existing statutory indicators and an existing departmental indicator, in addition to five new indicators. Those were detailed as follows:

Indicator 1 Average processing time taken to determine major applications Indicator 1.1 Average time taken to determine major applications (excluding withdrawn applications) Indicator 2 Average time taken to determine local applications Indicator 2.1 Average time taken to determine local applications (excluding withdrawn applications) Indicator 3 Proportion of enforcement cases progressed to the target conclusion within 39 weeks Indicator 4 Percentage of applications determined under delegated powers Indicator 5 Number of applications decided by Planning Committee and percentage of Committee decisions made against officer recommendation Indicator 6 Percentage of appeals against refusals of planning permission that are dismissed Indicator 7 Number of claims for costs received by Planning Appeals Commission (PAC) and number of claims awarded Indicator 8 Percentage of regionally significant planning applications processed to a Ministerial recommendation within 30 weeks Indicator 9 Number of applications notified to the Department and the number of these processed within the period of 28 days

In respect of Indicators 6 and 7, the Planning Appeals Commission did not provide the required information to the Department and therefore no data had been included in the 18/19 published framework report.

Associated Commentary It was advised against using the data as a ‘league table’ as there was a wide range of inconsistencies across the Councils in respect of each’s individual procedures and processes. That included the number and type of planning applications received; the 14

PC.01.10.19 servicing by statutory consultees in different divisional offices; resourcing within individual Councils and within central government departments; and ‘Schemes of Delegation’.

One of the new indicators was the percentage of applications determined by Planning Committee contrary to officer recommendation. It should be noted that that figure only related to the number of planning applications referred to a Planning Committee by individually tailored ‘Schemes of Delegation’. That information should also be read in the context of the Chief Planner’s letter regarding visits by DFI to Planning Committee meetings across the eleven councils, which was detailed at Item 7b.

Members were referred to the Table below which had been prepared by the Head of Planning in relation to the number of applications determined per year over the first four years since transfer, against those decided by Committee and those overturned.

Year Total No. No. % No. of Percentage of determined determined Delegated decisions decisions by contrary to against officer Committee officer recommendation recommendation 15/16 925 40 95.68% 2 5% 16/17 906 73 91.95% 1 1.4% 17/18 985 60 93.91% 4 6.7% 18/19 947 60 93.67% 3 5% Total 3763 233 93.81% 10 4.29%

The majority of applications within ANDBC were determined through the ‘Scheme of Delegation’. Of those overturns in the 2015/16 year, both applications were overturned from approval to refusal and both appealed. One was upheld at appeal (permission granted) and the other was deemed invalid and remitted back to the Planning Department for consideration and was subsequently refused due to lack of submission of information relating to bats.

In the 2016/17-year, one application was overturned from a refusal to an approval, which had been recommended for refusal on the basis of Rivers Agency comments relating to a 1 in 100 flood event.

In 2017/18 four applications recommended for refusal were overturned, and in 2018/19, three applications recommended for refusal were approved.

Appeal Decisions and Costs Awards

In respect of the indicators whereby Planning Appeals Commission did not provide the relevant information, the Head of Planning previously reported on appeals performance to Planning Committee in June 2019 (Item 6 of that date), and previously confirmed (in March 2019) that the PAC awarded costs against the Council in respect of one appeal against a planning condition relating to trees. That was the only costs award made against the Council in the 2018/2019 period. 15

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Determination Time for Major Applications

Focusing on the particular time period for major applications, it was pertinent to note, as detailed in the previous report to Committee of June 2019, that Council determined five major development applications as follows:

• A 2015 application relating to a retrospective application for Ballystockart quarry – this required further submission of information for assessment by NIEA and DFI Road;

• A 2015 application comprising 353 no. dwellings at Road, Newtownards (Reserved Matters) – processing time took account of need for detailed design changes and submission of further detailed information for assessment by a number of statutory consultees;

• A 2016 application comprising 390 dwellings at Cannyreagh Road, Donaghadee (Reserved Matters) – which involved receipt of further drawings in 2018 and additional consultation as a result thereof

• A 2017 application for 185 dwellings at Movilla Road, Newtownards, with requirement for an accompanying legal agreement, which then had to be returned to Committee due to inability of developer to garner landowner support for legal agreement

• A 2017 application for 43 dwellings at Manse Road, Newtownards, which required detailed consideration by Rivers Agency, and an accompanying Article 122 Roads agreement drawn up and executed prior to issuance of decision.

Whilst the statutory performance indicator in relation to major applications was an average of 30 weeks, the figures for 2018/2019 for Ards and North Down were affected by the time frame for those applications as detailed above; however it was important to note that the Planning Department did negotiate to effect a positive outcome, and a number of the applications above required submission of further detailed plans, supporting information or assessments in order to satisfy statutory consultees and Planning.

Determination Time for Local Applications

The introduction of the householder development team had by far assisted in reducing the average processing time for local development applications down over the four years from 21.2 weeks to 15.6 weeks. Quarter 1 figures for 2019/2020 report an average processing time of 13.4 weeks.

Enforcement Cases

The Council had consistently met the statutory performance indicator of conclusion of >70% of cases within 39 weeks. It should be noted that the Council had consistently been within the top three Councils in receipt of the highest number of

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PC.01.10.19 reports of alleged breaches of planning control, with the exception of 2016/17 (fifth highest).

Continuous Review of Procedures and Practice

The proposed introduction of a Good Practice Guide and Application Checklist, akin to that recently introduced by Belfast City Council, will seek to assist applicants and developers in submitting the correct detailed information at the outset of the process.

In addition to this, the Planning Department would welcome the Council’s support in terms of advocating straight refusals without convoluted negotiation on those applications which were non-policy compliant from the outset or which did not have the requisite information submitted despite, often repeated, requests by the Planning Department.

RECOMMENDED that Council notes this report and the attached Planning Monitoring Framework.

The Head of Planning referred Members to the report and highlighted the salient points. For the benefit of new Members, she clarified that the Committee had previously been made aware that the Department for Infrastructure set out three statutory performance indicators namely: the average number of weeks to process a major application to determination, the average number of weeks to bring a local application to determination and the timescale for enforcement cases to reach conclusion. However, much work had been ongoing over the past couple of years to agree an additional set of indicators for planning. She outlined how it had been a fraught process and having questioned a number of proposed indicators as being meaningless, they had eventually managed to reduce that number from c30 to 9. They were assured the information would not be published like a league table but yet they had presented it alphabetically. Furthermore, the framework did not take account of the nature of applications received by Ards and North Down in comparison to Belfast and who received city commercial applications, or Fermanagh, Omagh and Mid who handled many rural applications. It also did not take account of the number of staff, or the divisional offices serving each section in respect of statutory consultees. It was acknowledged that further measures may be introduced in future.

Following on, the Head of Planning added that she was content with the reduction in the timeframe for processing local applications which had been helped with the introduction of the householder team. She admitted that the timeframe for major applications was not as positive but noted that that had been skewed by some of the longer applications in the system and the number of occasions where Officers negotiated to a positive outcome. On that basis, she would be asking Members in a future report to support the officers in reducing number of times a proposal could be amended within one application, refuse where appropriate and ask applicants to submit a new fee to assist in enabling those targets to be met.

Councillor P Smith commented that it had been a helpful exercise despite the issues raised and was pleased to observe that in Ards and North Down only 5% of 17

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Committee decisions were made against an Officer’s recommendation. That figure had certainly increased in other Council areas.

Councillor Cathcart commended Officers for their excellent work in reducing the timeframe for local applications and acknowledged that that was often dependent upon the response time of the statutory consultees. Referring to major applications, he noticed there was a relatively small number in our Borough compared to other areas.

In recognition of that fact, the Head of Planning clarified that she had been conversing with the Chief Planner the day before and was told that DFI may consider re-examining the threshold. In England, a major application had a threshold of 10 or more but in Northern Ireland, a local application could relate to a domestic fence or a development of up to 49 houses. Hence, applications for schemes with at least 50 houses, or plans comprising 1,000 sqm of retail floor space outside town centres or over 1 hectare in size were classed as major. They had continued to argue for a reintroduction of minor, intermediate and major categories as utilised by DOE which could enable teams to be put in place for those categories and show how they were performing against those.

Councillor Cathcart brought attention to the length of time it had taken the Premier Inn to manoeuvre through the planning process. However, he would rather take the time to perfect the design as there was now a fantastic building in place which looked appropriate for that location.

The Chairman pointed out that conversely there were other applications received that were not properly front loaded or appropriate and Officers were wasting their time on.

The Head of Planning referred to the pre application discussions procedure which was only useful if the advice provided was adhered to when the application was submitted.

Alderman Keery underlined that this Council was third highest for enforcement complaints received by Planning Officers. He also mentioned the colossal number of applications decided by Mid Ulster’s Planning Committee of 224, which appeared out of context with all the other Councils.

The Head of Planning responded by stating that that issue was subject to each Council’s scheme of delegation. In that particular instance, every refusal was presented to Mid Ulster’s Planning Committee and she was aware that some other Councils did not operate a delegated list which speeded up the process. Therefore, those figures were not cognisant of the differing procedures operated by each Planning Committee.

At this stage, the Chairman endorsed the comments made by Councillor Cathcart regarding the incredible amount of excellent work undertaken by the Planning Officers. He highlighted that at the beginning of last term, a whole new Planning Department was essentially established with a tranche of new legislation, as well as 18

PC.01.10.19 a huge number of decisions deferred by the Department and transferred to this Council, which had not been the case for some other Council areas.

AGREED TO RECOMMEND, on the proposal of Councillor P Smith, seconded by Councillor Cathcart, that the recommendation be adopted.

8. GOVERNANCE ARRANGEMENTS FOR LOCAL DEVELOPMENT PLAN (LDP) (Appendix VI)

PREVIOUSLY CIRCULATED:- Report from the Director of Regeneration, Development and Planning stating that members would be aware of the preparation of the Local Development Plan (LDP) and work undertaken to date in terms of LDP workshops in 2017-2018, and publication of the Preferred Options Paper in March 2019.

Following the beginning of the second term of the Council, and in light of new members to the Planning Committee, it was timely to clarify the Terms of Reference (TOR) for the Steering Group and Project Management Group in relation to the preparation of the Local Development Plan for Ards and North Down.

The Council was tasked with publishing a Statement of Community Involvement in line with the Planning (Statement of Community Involvement) Regulations (NI) 2015 which set out details of the Development Plan preparation process and identifying key consultees and the stages of the LDP process at which they would be involved.

It was important to clarify the TOR, as the Council’s Statement of Community Involvement (SCI) sets out details of the Steering Group and Project Management Group.

Establishment of LDP Steering Group

The purpose of the Steering Group was to act as a high-level co-ordinating body to ensure strategic overview and input, on behalf of the whole community, into the new Local Development Plan for the borough.

In amplification to the Council’s SCI, it was proposed that the group would include:

• Director of Regeneration, Development and Planning • Head of Planning • Planning Committee • The Chief Executive – as required

This group would receive regular updates on the LDP progress and provide oversight in respect of meeting key milestones as set out in the LDP timetable. The group would play a key role in agreeing the content and publication of the following documents:

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• Preferred Options Paper (POP) • Plan Strategy • Local Policies Plan

Draft Terms of Reference were set out at Item 8a for consideration.

Establishment of Project Management Group

In order to oversee the implementation and publication of the Sustainability Appraisal (SA) (including SEA) and in line with the SCI, a Project Management Group would be established, comprising of senior officers from the Council and invited representatives from the key statutory/government departments and adjoining councils where appropriate.

The purpose of the Group was to ensure engagement and cooperation by key consultees in the plan-making process by assisting in setting an objective evidence based assessment in relation to the Council’s LDP Growth Strategy in the context of the strategic direction set out in the draft Programme for Government and regional planning policy. The Project Management team would be consulted on and act as the scoping group for the SA, incorporating SEA, and Equality Impact Assessment (EqIA).

It was considered appropriate that the following body was also invited:

• Shared Environmental Service (SES) - as the consultative body preparing the SA, incorporating the SEA

Key consultees (as stated above) would be invited to participate by providing information on key strategic issues that the LDP should address. An invite would also extend internally to other Council officers as appropriate.

It was envisaged that this Group would meet quarterly (or otherwise as may be required) to ensure that the deadlines set out in Council’s LDP timetable were met.

The draft Terms of Reference were set out at Item 8b for consideration.

LDP Consultation Group

Members would be aware from previous reports to Committee of the programme of engagement sessions planned in relation to the review of existing regional planning policies moving toward publication of the Draft Plan Strategy.

All 40 elected members of the Council, alongside the Corporate Leadership Team, Heads of Service, the LDP Planning team, and other relevant officers, were invited to workshops to ensure cross-council engagement and input into the planning policy review aspect of the LDP process.

RECOMMENDED that the Council notes the content of the report and agree:

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a) the updated Terms of Reference for the LDP Steering Group; and

b) the Terms of Reference for the LDP Project Management Group.

AGREED TO RECOMMEND, on the proposal of Councillor P Smith, seconded by Councillor Cooper, that the recommendation be adopted.

9. LISBURN AND CASTLREAGH CITY COUNCIL CONSULTATION AND ENGAGEMENT STRATEGY (Appendix VII)

PREVIOUSLY CIRCULATED:- Report from the Director of Regeneration, Development and Planning stating that one of the ‘Consistency’ tests for establishing ‘soundness’ of a Local Development Plan (LDP) related to a Plan having had regard to ‘other relevant plans, policies and strategies relating to the council’s district or to any adjoining council’s district’.

DFI’s Development Plan Practice Note 6 in relation to soundness specifies that the linkage to relevant plans, policies and strategies would be particularly important in helping to justify policies and proposals which reflected local circumstances pertaining to a council and its adjoining area. It stated that in order to demonstrate that a council had regard to this information, it may wish to provide evidence of consultations with adjoining councils and / or protocols for working together to ensure that any issues which needed to be taken into account had been duly considered in the preparation of the development plan documents. In respect of this Practice Note, and ahead of publishing its Draft Plan Strategy, Lisburn and Castlereagh City Council invited senior planning staff from its adjoining council areas to attend a meeting on its ‘Consultation and Engagement Strategy with Neighbouring Councils’. The meeting took place 18 April 2019 in the Civic Headquarters, Lagan Valley Island, Lisburn. Further to that meeting LCCC held two engagement sessions, on 21 June and 28 June 2019, to which planning staff were invited alongside planning officers from the Department for Infrastructure’s Plan Scrutiny team.

Detail

The workshops took place at officer level on the basis of understanding that any views expressed were not a formal response from each respective council. That position was reserved for Councils to make formal comment through the public consultation process following publication of the Draft Plan document and comments offered by officers at the workshops were on a ‘without prejudice’ basis.

Items were discussed using a thematic approach as set out below:

21 June 2019 • Councils’ growth Strategies, Housing Growth • Economic Growth • Town Centres and Retailing

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• Tourism and Open Space

28 June 2019 • Transport • Other Infrastructure • Historic and Natural Environment • Minerals • Cemetery Provision

Minutes of both workshops were attached for information at Item 9b. The Council’s LDP Section would take account of the experience from this format of officer engagement prior to preparation and publication of its draft Plan Strategy. While the engagement did not have the purpose of seeking views it enabled proactive discussion regarding themes of commonality.

RECOMMENDED that the Council notes the report and attached minutes.

AGREED TO RECOMMEND, on the proposal of Alderman Gibson, seconded by Alderman Girvan, that the recommendation be adopted.

10. UPDATE FROM METROPOLITAN AREA SPATIAL WORKING GROUP MASWG – LOCAL DEVELOPMENT PLAN (Appendix VIII)

PREVIOUSLY CIRCULATED:- Report from the Director of Regeneration, Development and Planning stating that members should be aware that the Council participates in a joint working group entitled the Metropolitan Area Spatial Working Group (MASWG) linked to the preparation of LDPs. The purpose of this group being formed was to facilitate engagement across the relevant Councils within the Belfast Metropolitan area (Belfast City Council, Antrim and Newtownabbey Borough Council, Lisburn and Castlereagh City Council, Mid and East Antrim Borough Council and Ards and North Down Borough Council). Aldermen Gibson and McDowell were nominated to serve on the working group. The MASWG provided a liaison forum on spatial planning and included cross boundary aspects of economic development, housing, transport and general infrastructure issues arising at regional and sub-regional level. Update from Meetings held March and June 2019 The MASWG met on 11 March and 12 June 2019 in Belfast City Council and Lisburn and Castlereagh City Council respectively. This report set some of the main issues that had been discussed. Agenda and minutes from those meetings which had received agreement were also attached.

The main issues discussed on 11 March 2019 were set out below:

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• Belfast City Council (BCC) advised of recent meeting with DfI and PAC regarding process and next stage of plan development. Revision to timetable discussed and the publication of responses following engagement on the DPS • Lisburn and Castlereagh City Council (LCCC) and Mid and East Antrim (MEA) intend to publish draft Plan Strategies in the autumn • Antrim and Newtownabbey (AN) seeking clearance to move towards publication of draft Plan Strategy • ANDBC advised that it would be publishing its POP imminently (now published) • DFI Planning advised that the EFDF Act and legislation at the end of March and it was anticipated that there would be an extension for a further five months • DFI had met with PAC and queried options and potential further information to be introduced in response to representations received and the need for amendments. It was confirmed that once DfI clarified, it would meet with the Councils • DFI cited an example of the approach in Wales where additional information may be required without the need for another consultation, and if the steps were not necessary the process could keep moving forward • DFI Transport – Strategy Publication date was still to be confirmed. BMTS Modelling Report – due end of July 2019; Draft BMTS – end of September 2019. Acknowledgement that some timescales were not completely workable in terms of their relationship to the emerging plans and offered individual face to face meetings to clarify and minimise risks. SRO (Tom Reid) had agreed to contact LCCC and Belfast. DFI TPMU indicated the governance and the process of consulting and moving the proposed strategies to adoption was still to be confirmed

Terms of Reference and Role of the Group

Concerns had been raised about the nature of the Working Group and also about engagement. That was previously tabled at meeting in December 2018. Action point noted to table any amendments in June 2019. MASWG 12 June 2019 hosted by LCCC

Updates from Councils in Terms of Timetable Progress:

• LCCC were working toward publishing Draft Plan Strategy during the third calendar quarter • BCC to submit plan to Department shortly • ANDBC consultation on the Preferred Options Paper (POP) was ongoing and was due to finish on 9 August 2019 • MEABC – launch of the Draft Plan Strategy would take place in September 2019 • ANBC – Due to publish dPS on 28 June 2019

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Update from Consultees:

• DFI Planning – A new Practice Note to be published setting out arrangement for submission of development plan documents to the Department. Councils would be able to assess and feedback to DfI • DfI had considered the Welsh process and advised once feedback was received from Councils changes may be required. Those may be in the form of text changes but may be more fundamental • DFI advised Statistics Branch were in the process of a refresh of Housing Growth Indicator (HGI), on course for completion over the summer and the Department would write to Councils with the completed information • DFI Transport Planning Modelling Unit – Belfast Metropolitan Project Board met and was advised that the Belfast Metropolitan Plan Study was proceeding and the DfI modelling report was due beginning of August. DfI would write up study at the end of August. Modelling was related to aggregated growth plan of all Councils to 2030. The growth rate all Councils put forward as aspirations was used for report. Main message coming out would appear to be that whilst sustainable modes of transport such as walking and cycling could keep a network moving there would be a requirement for substantial demand management measures within city i.e. parking charges, cordon tolls • DFI would be writing to the project board at the end of this week to keep the study going forward • Draft Local Transport Studies for four Councils were provided and DfI invited meetings with each of the Councils with a view to finalising those taking into account Plan Strategies • NIHE – Legal advice obtained on EU procurement and sent to Department for Communities last August, NIHE still awaiting a response. Whilst it was currently illegal to have early engagement between the developer and housing association, three legal opinions were indicating it was legal • A draft consultation guide had been produced and was ready to share; however, that would be subject to change depending on the response from Department for Communities • Invest NI – No update but keen to work with Councils on LDP matters

Other Matters

LCCC were in the process of consulting with neighbouring Councils' Planning Officers regard policies and included two Councils to the south of LCCC - and Craigavon (ABC) and & Down (NMD). The Consultation and Engagement would consider how LCCC could do things and engage in a more enhanced way.

MASWG Hosted by Ards and North Down Borough Council September 2019 Copies of the MASWG minutes were usually presented to Committee once agreed but a draft copy was available for members as prepared by this Council as host of the recent meeting.

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Main Outcomes of the Meeting Action points were recorded regarding concern expressed by Council Officers about the quality and content of the Transport Studies prepared by DFI. Those concerns would be raised through the Heads of Planning group and also at the Project Board. Concerns were raised regarding the content and treatment of the DFI prepared Plan Practice Note 10 which members should be aware of detail provided at September 2019 Planning Committee. Issues were discussed regarding the consistency of DFI agreeing to meet with some Councils and declining others. The working Group noted how statutory consultees present were not aware of the circulation of the Practice Note nor its existence. BCC advised it had now lodged Draft Plan Strategy with DFI Consultees gave updates as follows:

• DFI Planning and Transport Modelling Unit Personnel gave apologies for nonattendance due to work diary commitments. The two sections of DFI provided a written update to the group – attached at Item 10c • NIHE – no specific update further to previous comments in June 2019 • Invest NI – happy to engage with Councils on any relevant matters as required. Raised matter of INI mezzanine funding scheme (now closed)

Presentation of Antrim Newtownabbey Draft Plan Strategy

The Principal Planner from Antrim Newtownabbey Borough Council gave an overview presentation on the content of its recently published Draft Plan Strategy.

Next Meeting

A further meeting was to be arranged in early December 2019, to be hosted by Mid and East Antrim Borough Council. Usefulness of this Group to be discussed at Heads of Planning Group. RECOMMENDED that the Council notes the content of this report in terms of update from the MASWG. The Head of Planning reported that Officers who had attended the workshops had not deemed them to be entirely useful. Therefore, she was keen to learn if those Members who had been present also held a similar viewpoint.

In response, Alderman Gibson stated that initially he had found the workshops to be quite useful but he agreed that overall they had been disappointing.

AGREED TO RECOMMEND, on the proposal of Alderman Keery, seconded by Alderman Gibson, that the recommendation be adopted.

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11. PROPOSED GOOD PRACTICE GUIDE (Appendix IX)

PREVIOUSLY CIRCULATED:- Report from the Director of Regeneration, Development and Planning stating that as members were aware from the Planning Service Unit Plan, of the intention to prepare and publish a Good Practice Guide to assist in setting out the planning application process in detail, and to garner support for frontloading of the development management process, for example, submission of the correct information at the correct time in the planning application process.

Detailed reviews had taken place of other guide and practice notes from GB planning jurisdictions, and most recently, that published by Belfast City Council.

A draft had been prepared, attached, which took readers through the planning process, relevant to the procedures and processes adopted by Ards and North Down. An Application Checklist was being prepared to identify the full range of information that may be required for submission with an application, depending on scale, type and impact. A full list of the types of assessments that may be required was being prepared similar to that of Belfast City Council’s.

The Planning (General Development Procedure) Order (NI) 2015 set out the minimum information for submission with a planning application to be ‘valid’ and without which the Planning Department was unable to legally deal with the application. The basics required generally related to submission of the following:

• Application Form • Ownership Certificate • Site Location Plan • Plans and drawings • Pre-Application Community Consultation Report (if a major proposal) • Design and Access Statement • Planning Fee

However, the ‘regional’ validation rules only applied to the most basic of information required to make an application ‘valid’ and in the majority of proposals the Council required a plethora of other information in the form of assessments/studies/reports in order to be able to properly assess the application and for consultees to advise appropriately. Examples included a Noise Impact Assessment, Retail Impact Assessment, Bat Survey, Flood Risk Assessment and Drainage Assessment.

It was proposed to introduce a system whereby the Council identified what information was required and if not included with the submission, the Council would write to the applicant/agent to advise what was missing and provide them with the opportunity of submitting within 14 days, and the Council would hold the application and fee until submitted. If the applicant opted to proceed without that information there was a possibility that the application would be refused without that data, or otherwise delayed.

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Senior administrative officers were meeting with colleagues in Belfast City Council to assess how that system was currently working within that Planning Department. It was proposed to write to planning agents and publish this guidance and Application Checklist on the website to draw this to people’s attention ahead of formal introduction in the new year. Additionally, it was proposed to include a short item in the Autumn/Winter edition of the Borough Magazine regarding this Practice Guide and Checklist.

A request for introduction of legislation to enable Councils to publish their own ‘local’ validation lists had been made to DFI. Such introduction would put a legislative requirement on applicants to submit the requisite information at the point of submission.

RECOMMENDED that the Council notes the content of this report and the draft attachments.

The Head of Planning informed Members that Officers had been reviewing a number of guides from across the UK to have one in place for this Borough. Unfortunately, the current legislation sets out the minimum requirements to accept an application as being valid i.e. a site location and plan, a completed planning application, drawings and fee but did not consider the plethora of different surveys or assessments that could be required. Belfast City Council had compiled a guidance and she had advised them that this Council would be largely replicating that guide for use in our Borough. The first part involved a guide to the application process as members of the public were not used to submitting applications and may only do so once or twice in their lifetime and may use an agent to do so. Having said that, she believed it was important to specify the process and explain why it was carried out in that particular way and it would also define those areas not requiring permission which fell under permitted development rights, how to submit the application, how to have a discussion with Planners, the hazards, restraints and issues to be overcome and illustrate the entire planning process from start to finish.

Continuing, the Head of Planning indicated that it was also proposed to introduce a planning application checklist so that if there was information missing, Officers would contact the applicant and allow them 14 days and if not submitted after that time, officers could then return the application along with the fee. If they chose not to provide that supporting information, the application would still be processed but it would inevitably lead to a delay and they could recommend a refusal based on a lack of information. She sought the support of Members in that regard as Officers would be writing to agents to advise that they were adopting the same approach as Belfast and applying it to all applications going forward with a trial period. She realised it would be resource heavy until staff became familiar with the process but it would be worth it in the long run. She would like to reach a stage where negotiations with applicants was significantly reduced as a finite fee was received regardless of the length of time necessitated to process an application until it fully completed.

It was the opinion of Councillor McClean that it was a very good planning application guide but he queried the terminology of ‘good practice guide’. He also wondered if there was any mention in the draft about the use of a planning consultants, the 27

PC.01.10.19 financial investment needed to engage one and when they should use a consultant, as he felt the public was not knowledgeable in that matter.

The Head of Planning agreed that the Member had raised a valid question. She voiced frustration when an agent was appointed and should be the primary source of contact but instead, the applicant would seek advice and information from a local elected representative. That entailed Officers duplicating work to update the planning agent and applicant. She could not advise the public on the type of person to go to but the planning section of the Council’s website contained a link to the Royal Town of Planners Institute listing chartered planning consultants.

The Chairman maintained that the guide was about what the Council did and how we dealt with issues and he voiced reluctance about adding information about consultants into the guide.

Councillor Cathcart asked if the clock started on the date the application was received.

The Head of Planning verified that every application was date stamped when received, and if all the information to make it ‘valid’ was in place, the date received was thus the start of the clock running.

Councillor Cathcart spoke of reforming PADs and he asked if there had been further discussion on that issue in respect of staff time and resources.

The Head of Planning commented that Officers had attempted to differentiate those applications for which a PAD was useful, adopting a proportionate response, for example it was not really for extensions to a dwelling. The guidance for PADs referred to the type of application that would benefit from a PAD – those applications considered substantial with more hazards and constraints.

In terms of returning an application after 14 days, Alderman Keery questioned if the Council could retain the fee rather than returning it.

The Head of Planning explained that from a legal perspective Officers would still be in possession of a legally valid application. The DFI legislation currently stated the minimum requirement needed to make an application valid but Officers were proposing a local validation list.

In commending the report, Alderman Girvan made reference to the aspect of material planning considerations. She was mindful that the majority of people did not know what material planning considerations consisted of and she suggested that perhaps those could be listed.

Taking that point on board, the Head of Planning said that that could be expanded upon by cross referencing to further details available on the website.

In reply to an enquiry from Alderman Gibson about the delegated list, the Head of Planning articulated that Officers could make more timely decisions, if applications 28

PC.01.10.19 could be refused earlier when they were not considered acceptable, rather than protracted negotiation.

The Chairman spoke of how impressed he was with the proposed Good Practice Guide and very pleased it was being brought forward.

AGREED TO RECOMMEND, on the proposal of Councillor McClean, seconded by Alderman Girvan, that the recommendation be adopted.

TERMINATION OF MEETING

The meeting terminated at 8.02 pm.

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ITEM 4.1 Ards and North Down Borough Council

Application Ref LA06/2019/ 0460/F The application seeks full planning permission for a residential development of 8 no. dwellings - 4 no. dwellings at sites formerly numbered as 235 and 238 to become sites nos. 233, 234, 235 and 236; and change of house types to 3 no. dwellings at site nos. 174, 175 and 233 and retrospective permission for a change of house type to site 155. Amendment to previously approved application LA06/2017/0533/F

Proposal The proposed development comprises of 8no.dwellings in total consisting of 2no.two-storey detached and 6no.two storey townhouses with private gardens to the rear and in-curtilage parking to the side and front. The approval under LA06/2017/0533/F for the same part of the application site consists of 6no.dwellings comprising of 4no.detached and 2no.semi-detached. This application is for 2no.additional units and change of house types.

Land to the East of 1-11 Old Forge Avenue and 2-8, 17,19 Old Forge Drive and 110b,110c, 110d Movilla Road; South of 110a Movilla Road; West of 112 Movilla Road, Wright Waste Location Management Ltd and 124a Movilla Road; North of First Street, Rivenwood and First Avenue, Rivenwood, Newtownards.

DEA:

Committee A local development application where an associated Interest application has been determined by the Planning Committee

Validated 31/05/2019

• Change of house type application to previously approved major housing application - LA06/2017/0533/F - 185 mixed townhouses, semi-detached and detached Summary houses, with garages, housing roads and extension to Rivenwood Boulevard, with associated open spaces including an equipped play park, and including 12 apartments in a three-storey building. • Part of housing zoning NS20 from development plan • Members will recall that the major application was presented at Planning Committee meeting recommended for approval on 02 October 2018. • Full permission subsequently granted on 16 April 2019 following an amendment to the Section 76 legal agreement • Delegated powers are sought to enable planning officers to amend legal agreement to reflect the changes sought in this minor change of house type application • No objections received in respect of minor application • All consultees content Members will note from the Planning Committee meeting of 1 October 2019 that an amendment is proposed to the Scheme of Delegation which will mean that applications associated with a major development application previously approved by Planning Committee will no longer be presented to Committee. Subject to approval by full Council, this change will be forwarded to DFI for approval. Until then, such applications will be presented to Committee as appropriate.

Recommendation Approval

Attachment Item 4.1a – Case Officer Report

Development Management Case Officer Report

Application Ref: LA06/2019 0460/F DEA: Ards Peninsula Proposal: The application seeks full planning permission for a residential development of 8 no. dwellings - 4 no. dwellings at sites formerly numbered as 235 and 238 to become sites nos. 233, 234, 235 and 236; and change of house types to 3 no. dwellings at site nos. 174, 175 and 233 and retrospective permission for a change of house type to site 155. Amendment to previously approved application LA06/2017/0533/F.

The proposed development comprises of 8no.dwellings in total consisting of 2no.two- storey detached and 6no.two storey townhouses with private gardens to the rear and in-curtilage parking to the side and front. The approval under LA06/2017/0533/F for the same part of the application site consists of 6no.dwellings comprising of 4no.detached and 2no.semi-detached. This application is for 2no.additional units and change of house types.

Location: Land to the East of 1-11 Old Forge Avenue and 2-8, 17,19 Old Forge Drive and 110b,110c, 110d Movilla Road; South of 110a Movilla Road; West of 112 Movilla Road, Wright Waste Management Ltd and 124a Movilla Road; North of First Street, Rivenwood and First Avenue, Rivenwood, Newtownards. Applicant: Fraser Houses (NI) Ltd Agent: Iain Stewart

Date Valid: 31/05/2019 Env Statement Requested: No

Date last Advertised: 13/06/2019

Date last Neighbour Notified: 10/10/2019 Consultations: Yes Representations: No Letters of Support 0 Letters of Objection 0 Petitions 0

Summary of Main Issues: • Conformity with the development plan/principle of development • Impact on nature conservation • Access and roads safety • Design and impact on character and appearance of the area • Impact on proposed residential amenity

Case Officer: Christine Hamilton

Recommendation: Grant Planning Permission

Agreed by Authorised Officer

Full details of this application, including the application forms, relevant drawings, consultation responses, and any representations received, are available to view at the Planning Portal www.planningni.gov.uk using Public Access 1. Description of Site and Surrounding Area

The application site lies at the eastern edge of the settlement of Newtownards, as shown in the Ards and North Down Area Plan 2015. The site forms part of a much larger site allocated for housing in the development plan (NS20) and lies within Phase 2. The site is located on lands that have commenced construction of the approved housing development and comprises of three separate areas within the large construction site. The site is accessed via the new internal road off the Movilla Road known as Rivenwood Boulevard.

2. Site Location Plan

3. Relevant Planning History

On site

LA06/2017/0533/F - 185 mixed townhouses, semi-detached and detached houses, with garages, housing roads and extension to Rivenwood Boulevard, with associated open spaces including an equipped play park, and including 12 apartments in a three-storey building. Full permission granted on 16.04.2019 alongside associated legal agreement.

Adjacent to the site

LA06/2017/0398/F - 17 detached dwellings with the inclusion of garages - to replace previously approved dwellings at sites 58-74 and 95-100 (Amendment of approval X/2014/0370/F - Phase 1 of 100 houses, with part of the Eastern Distributor Road, a separate access from Movilla Road between Millford Manor and 118 Movilla Road and a 2 hectare site set aside for a future school). Full permission granted on 05.07.2017 – Nearing completion.

LA06/2017/0340/F - 4 no. two-bedroom bungalows (House Type P) at sites 22, 23, 28 and 29 with the inclusion of garages to sites 22, 23 and 28. Change of house type from 4 no. three-bedroom semis (House Type Q) and change of plot boundaries for sites 21,

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24, 31 and 32 as approved under X/2014/0370/F. Full permission granted on 07.09.2017.

4. Planning Policy Framework The relevant planning policy framework for this application is as follows:

• Ards & Down Area Plan 2015 • Strategic Planning Policy Statement for Northern Ireland • Planning Policy Statement 2: Natural Heritage • Planning Policy Statement 3: Access, Movement & Parking • Planning Policy Statement 7: Quality Residential Environments • Planning Policy Statement 7: Addendum – Safeguarding the Character of Established Residential Areas • Planning Policy Statement 12: Housing in Settlements

5. Supplementary Planning Guidance Relevant supplementary planning guidance for this application is as follows:

Living Places Creating Places DCAN 8: Housing in Existing Urban Areas

6. Consultations Consultation was carried out with the following statutory and non-statutory consultees and a synopsis of responses is listed Consultee Response DFI Roads No objection providing the street layout is strictly in accordance with that approved under LA06/2017/0533/F NI Water No comment.

7. Consideration and Assessment

Principle of development/compliance with the development plan

Section 45 (1) of the Planning Act (Northern Ireland) 2011 requires regard to be had to the Development Plan, so far as material to the application and to any other material considerations. Section 6(4) states that where regard is to be had to the Development Plan, the determination must be made in accordance with the Area Plan unless material considerations indicate otherwise.

The site is within the settlement limit of Newtownards and is on land zoned for housing (NS20 – 57.97hectare site) in the Ards and Down Area Plan 2015. There is an extensive list of key design considerations for the greater site that the proposal needs to meet – these are set out below. The issue of conformity with the area plan was assessed under previous approval LA06/2017/0533/F and the proposal of 185 dwellings was considered as complying with the key design criteria. As this proposal is to amend part of the site and slightly increase the number of dwellings from 6 to 8, the key design criteria will still be met and the proposal is considered to be in conformity with the plan.

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Key Design Considerations: • housing development to be a minimum gross site density of 20 dwellings and a maximum gross site density of 25 dwellings per hectare; • a road, built to Distributor Road standards, will run from a roundabout on the Movilla Road, which will also incorporate the Ballyreagh Road upgrade or realignment. The road will terminate at a roundabout on the Donaghadee Road, which will also incorporate the Donaghadee Road/ Bangor Road link; • phasing of housing development in relation to infrastructural works; • provision shall be made in the development scheme for: • an area of 2 hectares to be reserved for the provision of a primary school; local neighbourhood centre on approximately 1.5 hectares to include local retail outlets and community facilities offering for example, a multipurpose hall and a “Healthy Living Centre” to accommodate medical and fitness facilities; • existing mature hedgerows and trees along the eastern, northern and western perimeters of the zoning opposite open countryside shall be retained and enhanced with an 8-10 metre belt of trees of native species to provide screening for the development and help integrate it into the surrounding countryside; • a landscape survey to be carried out which will identify the following features for retention and enhancement: • the existing group of mature trees on the country lane extending from east to west from property No. 110a; and • existing trees and mature hedgerows within the site; • no built development shall take place above the 60 metre contour line to the north eastern boundary of the site, immediately adjacent to Cronstown Lane. The land as indicated within Proposal NS 20 shall be laid out and retained as amenity open space; • provision of pedestrian and cycleway links to Movilla Road and to neighbouring residential areas such as Stratheden Heights and Old Forge Lane; • development shall be designed, landscaped and implemented to accommodate the 11kV and 33kV overhead lines and will have to adhere to standard safety clearances with minimal environmental disruption to the neighbourhood; and • the layout shall be designed to provide for maximum permeability by bus services.

The Strategic Planning Policy Statement for Northern Ireland (SPPS)

The SPPS is material to all decisions on individual planning applications. Its guiding principle in determining planning applications is that sustainable development should be permitted having regard to the development plan and all other material considerations, unless the proposed development will cause demonstrable harm to interests of acknowledged importance. The SPPS also promotes good design and seeks to make more efficient use of urban land without town cramming. The SPPS does not appear to conflict with the policy provisions contained within the relevant 4

Planning Policy Statements as listed in Section 4 of this report, and therefore the weight of the retained policies is not lessened and the policies as listed are relevant material considerations.

PPS 2 : Natural Heritage

Policy NH 2 of PPS 2 states that planning permission will only be granted for a development proposal that is not likely to harm a species protected by law. Policy NH 5 of PPS 2 seeks to protect European Protected Species and Priority Habitats. The biodiversity checklist has been applied and it is considered that there will be no significant impact caused to protected species as a direct result of the proposed development. No evidence has been found to indicate the presence of protected or priority species within the site boundaries and as such no ecological constraints or impacts are identified. The potential impact of this proposal on Special Areas of Conservation, Special Protection Areas and Ramsar sites has been assessed in accordance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended). The proposal would not be likely to have a significant effect on the features, conservation objectives or status of any of these sites.

PPS3: Access, Movement and Parking - Roads Safety and Car Parking

The proposal has been assessed against Policy AMP7 of PPS3 Access Movement and Parking. DFI Roads has been consulted and provides no objection to the proposal. Each of the dwellings have been provided with two in-curtilage parking spaces and it is considered that parking provision is fully compatible with policy requirements.

PPS7 Quality Residential Environments - Policy QD1

PPS7 Policy QD1 states that planning permission will only be granted for new residential development where it is demonstrated that the proposal will create a quality and sustainable residential environment.

The proposal will not damage the quality of the local area. The site is within the settlement limit of Newtownards, it is part of an area zoned for housing in the Ards and Down Area Plan 2015 and housing has been previously approved on this site.

The layout, scale and massing of the proposed dwellings will respect the topography of the site and the character of the area. The overall layout, density, scale, height and massing of the proposed dwellings are largely in keeping with the residential units previously approved within Rivenwood and respect the character of the wider residential area.

Site 155 House Type R is proposed to be renumbered as Site 153 and change to House Type S.

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House type R was previously approved for this site which was a two storey, detached dwelling with a detached garage. House type S is now proposed for this site which is still a two storey detached dwelling with detached garage however with a different design. The dwelling has been constructed and completed on site. It occupies a corner site and the proposed access to the garage is repositioned from the western side of the dwelling to the northern side. The finishes are in keeping with the previously approved dwellings within the development. The curtilage of the site is open to the road to the front and side and the rear garden is defined by a close boarded timber fence. The landscaping and boundary treatments have remained the same a those that were approved for Phase 2 under LA06/2017/0533/F.

Sites 176 and 177 House Types Q are proposed to be renumbered as Sites 178 and 179 and change to House Type Qa.

House type Q was previously approved for these sites which was 2no.two storey semi- detached dwellings with detached garages. House type Qa is now proposed for these sites which are still two storey semi-detached dwellings with detached garages however with a different design. The main difference is the inclusion of a single storey family room to the rear of the properties. Although the size of the rear garden areas will be reduced, the area will still be above the minimum 40sqm as set out in the guidance document Creating Places. Site 176 occupies a corner site and the side elevation facing the road is considered to be acceptable. The finishes will be in keeping with the previously approved dwellings within the development. The curtilage of the site will be open to the road to the front and side and will have the rear garden defined by close boarded timber fencing.

3no.sites 233, 235 and 238 as House Types R and T are proposed to become 5no.sites renumbered as 231, 233, 234, 235 and 236 as House Types V.

Sites 233, 235 and 235 were approved as 3no.two storey detached dwellings and detached garages. 1no.two storey detached dwelling House Type S and detached garage is proposed for Site 231. This house type has been approved elsewhere within the development. The northern side of the dwelling has three first floor bedroom windows which will face onto the blank gable wall of the adjacent property on Site 233 House Type V1 so there will be no direct overlooking caused onto Site 233. The finishes will be in keeping with the previously approved dwellings within the development.

Sites 235 and 238 were approved as 2no.detached dwellings and are now proposed to be 4no.townhouses House Type V. This house type has also been previously approved within the development and is deemed to be acceptable in this location. The two end properties have a detached garage to the side of the property and the two middle properties have in-curtilage parking for two cars to the front.

Overall, I am satisfied that the proposals meet the criteria set out in QD1(a). The dwellings will have no unacceptable impacts on adjacent properties in terms of overlooking or overshadowing. There will be adequate separation distances between the properties within the development to protect residential amenity. The dwellings will have an adequate area of private amenity space all above the minimum requirement of 40sqm as per the guidance set out in Creating Places. There are no archaeological, built heritage or landscape features to protect or integrate into the overall design and layout of the development. The layout has been designed to deter crime as the 6

dwellings will front onto the road and the back gardens of the dwellings will back onto other dwellings and be enclosed by fencing and landscaping.

Planning Policy Statement 12 – Housing in Settlements

The proposal complies with relevant policy and guidance in PPS12. The proposal allows for an increase in density of housing without town cramming. The proposal incorporates good design and respects the character of the area.

8. Consideration of Representations

No letters of representation have been received to date.

9. Conclusion

The proposal has been considered having regard to all material considerations, including the statutory development plan, planning policy and comments received from statutory bodies.

The site comprises land zoned for housing in Ards and Down Area Plan 2015 and the principle of development is therefore considered to be acceptable. It is the professional planning judgement that the proposal will cause no detriment to the character of the site and wider area. The impact on approved adjacent properties has been assessed in detail and it is considered that the proposal will not result in any unacceptable adverse impact on proposed residential amenity. Adequate car parking is provided within the development for future residents and DfI Roads has provided no objection in terms of road safety or traffic progression. The proposal is not likely to have a significant effect on European designated sites, or cause harm to species protected by law.

Having weighed all material considerations, it is recommended that this application proceeds by way of an approval of planning permission.

10. Recommendation

Grant Planning Permission

11. Conditions

1. The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission.

Reason: As required by Section 61 of the Planning Act (Northern Ireland) 2011.

2. All hard and soft landscape works shall be carried out in accordance with details shown on Drawing Nos.02B and 05 bearing the Council’s date stamp 10 October 2019 and the appropriate British Standard or other recognised Codes of Practise.

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Reason: To ensure the provision, establishment and maintenance of a high standard of landscape.

3. If within a period of 5 years from the date of the planting of any tree, shrub or hedge, that tree, shrub or hedge is removed, uprooted or destroyed or dies, or becomes in the opinion of the Council, seriously damaged or defective, another tree, shrub or hedge of the same species and size as that originally planted shall be planted at the same place unless the Council gives its written consent to any variation.

Reason: To ensure the provision, establishment and maintenance of a high standard of landscaping.

4. If any retained tree is removed, uprooted or destroyed or dies within 5 years from the date of occupation another tree or trees shall be planted at the same place and (that / those) tree(s) shall be of such size and species and shall be planted at such time as may be specified by the Council.

Reason: To ensure the continuity of amenity afforded by existing trees.

5. There shall be no construction activity or deliveries to the site on Sundays, bank holidays or outside the hours of 08:00hrs -18:00 hrs Monday to Friday and 09:00hrs-13:00 hrs on Saturday.

Reason: To ensure the occupants of nearby residential premises are not adversely affected by noise from construction work.

6. Any works in, near or liable to impact a watercourse, must be addressed within a Construction Method Statement (CMS) which must be submitted to and agreed in writing by the Council at least eight weeks prior to the commencement of development. The CMS shall include all necessary pollution prevention measures to protect the water environment during the development of this proposal. The CMS shall be carried out as approved during the construction phase of the development.

Reason: To ensure effective avoidance and mitigation measures have been planned for the protection of the water environment.

7. External lighting on site shall utilise LED or low pressure sodium lamps with the exception of security lighting fixed with motion sensors. All lighting shall be directed away from retained trees/hedgerows.

Reason: To protect bats

8. Access shall be afforded to the site at all reasonable times to any archaeologist nominated by the Department for Communities – Historic Environment Division to observe the operations and to monitor the implementation of archaeological requirements.

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Reason: To monitor programmed works in order to ensure that identification, evaluation and appropriate recording of any archaeological remains, or any other specific work required by condition, or agreement is satisfactorily completed.

9. If during the development works, new contamination or risks are encountered which have not previously been identified, works shall cease and the Council shall be notified immediately. This new contamination shall be fully investigated in accordance with the Model Procedures for the Management of Land Contamination (CLR11). In the event of unacceptable risks being identified, a remediation strategy shall be agreed with the Council in writing, and subsequently implemented and verified to its satisfaction.

Reason: Protection of public health and environmental receptors to ensure the site is suitable for use.

10. No dwelling shall be occupied until that part of the service road which provides access to it has been constructed to base course; the final wearing course shall be applied prior to occupation of the last dwelling unit hereby approved. Reason: To ensure there is a safe and convenient road system within the development

11. Notwithstanding the provisions of The Planning (General Permitted Development) Order (Northern Ireland) 2015, or any Order revoking and re- enacting that Order, no buildings, walls, or fences shall be erected, nor hedges, nor formal rows of trees grown in verges/service strips determined for adoption.

Reason: To ensure adequate visibility in the interests of road safety and the convenience of road users and to prevent damage or obstruction to services.

12. Notwithstanding the provisions of The Planning (General Permitted Development) Order (Northern Ireland) 2015, or any Order revoking and re- enacting that Order, no planting other than grass, flowers or shrubs with a shallow root system and a mature height of less than 500mm shall be carried out in verges/service strips determined for adoption.

Reason: To ensure adequate visibility in the interests of road safety and the convenience of road users and to prevent damage or obstruction to services.

13. No dwelling shall be occupied until provision has been made and permanently retained within the curtilage of the site for the parking of private cars at the rate of 2 spaces per dwelling in accordance with Drawing No.01A bearing the date stamp 31 May 2019 and 02B bearing date stamp 10 October 2019 .

Reason: To ensure adequate parking in the interests of road safety and the convenience of road users.

14. The development hereby permitted, shall not be commenced until any highway structure/retaining wall/culvert requiring technical approval, as specified in the Roads (NI) Order 1993, has been approved and constructed with BD2 technical 9

Approval of Highway structures: Volume 1: Design Manual for Roads and Bridges.

Any telegraph poles/street furniture must be re-sited to the rear of sight visibility splays and to the satisfaction of Department for Infrastructure Roads.

Reason: To ensure that the structure is designed and constructed in accordance in accordance with BD2 technical Approval of Highway Structures: Volume 1: Design Manual for Roads and Bridges.

15. The gradient of a private access shall not exceed 8% for the first 5m outside the public road boundary and a maximum gradient of 10% thereafter.

Reason: In the interest of Road Safety.

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Photos of the proposed house types that have already been constructed elsewhere within Rivenwood

House Type S on Site No.155

House Type V1, V2, V3 for Site Nos. 233, 234, 235, 236

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Plans for House Type Qa on Site Nos. 178 and 179

Proposed Site Layout for Site 153

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Proposed Site Layout for Site nos.231, 233, 234, 235, 236

Proposed Site Layout for Site nos.178

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ITEM 4.2 Ards and North Down Borough Council

Application Ref LA06/2019/0100/F

Erection of 16 no. dwellings comprising of 2 detached and 14 semi-detached dwellings, along with associated car parking and landscaping and associated site works. (Proposed Proposal amendment to site nos. 157 & 165-175 of residential development previously approved under reference LA06/2016/0596/F) Lands situated approximately 90m north of 3 Lord Wardens Mews BT19 1TH and immediately to the rear of 2-14 Helen’s Wood Lane BT19 1GE. Former Juvenile Justice Centre Site Location (169 Rathgael Road)

DEA: Bangor West

Committee A local development application where an associated Interest application has been determined by the Planning Committee

Validated 31/01/2019

• Members granted planning permission for a major housing application for 351 units at the former Juvenile Justice Centre Site at Rathgael Road Bangor at the Planning Committee meeting on 5 September 2017

• Application has been submitted following a request by NIE due to the introduction of a sub-station to supply the houses on the overall housing development

• This required several houses to be moved and as a result smaller house types were introduced- 16 in total, an increase from 12 larger house types approved as part of Summary the major housing approval

• 2 detached and 14 semi-detached dwellings proposed which is an amendment to site nos. 157 & 165-175

• Site is zoned for housing within draft BMAP, Zoning BR 04/05. The site is shown as whiteland within the NDAAP.

• No objections received

• All consultees content

Members will note from the Planning Committee meeting of 1 October 2019 that an amendment is proposed to the Scheme of Delegation which will mean that applications associated with a major development application previously approved by Planning Committee will no longer be presented to Committee. Subject to approval by full Council, this change will be forwarded to DFI for approval. Until then, such applications will be presented to Committee as appropriate. Recommendation Approval Attachment Item 4.2a – Case Officer Report

Development Management Case Officer Report

Application Ref: LA06/2019/0100/F DEA: Bangor West Proposal: Erection of 16 No. dwellings comprising of 2 detached and 14 semi- detached dwellings, along with associated car parking, landscaping and associated site works. (Proposed amendment to site nos. 157 & 165-175 of residential development previously approved under reference LA06/2016/0596/F)

Location: Lands situated approximately 90M North of 3 Lord Wardens Mews BT19 1YH and immediately to the rear of 2-14 Helens Wood Lane BT19 1GE. Former Juvenile Justice Services Centre Site (169 Rathgael Road) Applicant: Lagan Homes Agent: Coogan & Co Architects Ltd (Rathgael) Ltd

Date Valid: 31/01/2019 Env Statement Requested: No

Date last Advertised: 14/02/2019

Date last Neighbour Notified: 11/02/2019

Consultations: Yes

Representations: No

Letters of Support 0 Letters of Objection 0 Petitions 0

Summary of Main Issues:

• Principle of development • Planning history of the site and surrounding area • Impact on residential amenity • Natural heritage and the potential effects on European Sites • Impact on the character and appearance of the area • Access and parking requirements • Impact on flooding

Case Officer: Caroline Herron

Recommendation: Grant Planning Permission

Agreed by Authorised Officer Full details of this application, including the application forms, relevant drawings, consultation responses and any representations received are available to view at the Planning Portal www.planningni.gov.uk using Public Access

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1. Description of Site and Surrounding Area

The site is located on the northern side of the Rathgael Road and is currently part of a larger housing development. The site previously housed the Juvenile Justice Centre. The site is cleared of most vegetation with the exception of some trees along the eastern boundary.

The surrounding area is predominantly residential, characterised primarily by medium density detached, semi-detached and town house properties.

The site is located within the settlement limit of Bangor as identified in the North Down and Ards Area Plan 1984 – 1995 (NDAAP) and draft BMAP 2015. The site is zoned for housing within draft BMAP, Zoning BR 04/05. The site is shown as whiteland within the NDAAP.

2. Site Location Plan

3. Relevant Planning History LA06/2016/0596/F: Former Juvenile Justice Services Centre site (169 Rathgael Road) and surrounding lands which lie to the north of the Rathgael Road and west of the Rathgael Road/Balloo Road/Newtownards Road roundabout junction Bangor Development of 351 residential units (321 dwellings and 30 apartments), landscaping, car parking, access arrangements and highway infrastructure improvements comprising widening of the

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Rathgael Road along the site frontage, construction of a right-hand turn lane into the site, capacity improving works to the Newtownards/ Rathgael Road roundabout and all associated site works. (Reduction in density from the 690 units approved under W/2008/0749/O) - Permission granted 23.10.2017

Extant planning permission granted on the application site.

LA06/2018/0110/F: Variation of Condition 17 relating to LA06/2016/0596/F for 351 residential units: Provision of right turning lanes to each of the proposed development access points onto Rathgael Road – Permission granted 04.05.2018

4. Planning Policy Framework

The relevant planning policy framework for this application is as follows:

• North Down & Ards Area Plan 1984-1995 • Belfast Metropolitan Area Plan 2015 Pursuant to the Ministerial Statement of June 2012, which accompanied the release of the Planning Appeals Commission’s Report on the BMAP Public Inquiry, a decision on a development proposal can be based on draft plan provisions that will not be changed as a result of the Commission’s recommendations. Consequently, dBMAP is a material consideration relevant to this application • Strategic Planning Policy Statement for Northern Ireland (SPPS) • Planning Policy Statement 2 - Natural Heritage • Planning Policy Statement 3 - Access, Movement and Parking • Planning Policy Statement 7 - Quality Residential Environments • Planning Policy Statement 15 – Planning and Flood Risk

5. Supplementary Planning Guidance Relevant supplementary planning guidance for this application is as follows: • Creating Places • Living Places • DCAN 15 Vehicular Access Standards

6. Consultations Consultation was carried out with the following statutory and non-statutory consultees and a synopsis of responses is listed Consultee Response Environmental Health No objection subjection to conditions

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NI Water - Multi Units East No objection Natural Environment Division No objection DFI Roads No objection Water Management Unit No objection Rivers Agency No objection

7. Consideration and Assessment

Development Plan

The application site is located within the settlement limit of Bangor. The adopted Belfast Metropolitan Area Plan 2015 (BMAP) has been quashed as a result of a judgment in the Court of Appeal delivered on 18th May 2017. As a consequence of this, the North Down and Ards Area Plan 1984-1995 (NDAAP) is now the statutory development plan for the area. A further consequence of the judgment is that draft BMAP published in 2004, is a material consideration in the determination of this application. Pursuant to the Ministerial Statement of June 2012, which accompanied the release of the Planning Appeals Commission’s Report on the BMAP Public Inquiry, a decision on a development proposal can be based on draft plan provisions that will not be changed as a result of the Commission’s recommendations.

In draft BMAP the area is zoned for housing, BR04/05. The North Down and Ards Area Plan 1984-1995 shows the site as whiteland. The principle of residential development has been established through the approval of 351 residential units under planning ref: LA06/2016/0596/F which remains extant.

Planning Policy

Strategic Planning Policy Statement

Under the SPPS, the guiding principle for planning authorities in determining planning applications is that sustainable development should be permitted, having regard to the development plan and all other material considerations, unless the proposed development will cause demonstrable harm to interests of acknowledged importance. In practice this means that development that accords with an up-to-date development plan should be approved and proposed development that conflicts with an up-to-date development plan should be refused, unless other material considerations indicate otherwise.

Planning Policy Statement 2: Natural Heritage

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This sets out the policies for conservation, protection and enhancement of our natural heritage. Within this, natural heritage is defined as the diversity of our habitats, species, landscapes and earth science features. In taking decisions, the planning authority should ensure that appropriate weight is attached to designated sites of international, national and local importance; priority and protected species and to biodiversity and geological interests with the wider environment.

Policy NH1 relates to European and Ramsar sites and states that planning permission will only be granted for a development proposal that, either individually, or in combination with existing and/or proposed plans or projects, is not likely to have a significant effect on those sites.

The potential impact of this proposal on Special Areas of Conservation, Special Protection Areas and Ramsar sites has been assessed in accordance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended). The proposal would not be likely to have a significant effect on the features, conservation objectives or status of any of these sites.

Policy NH 2 of PPS 2 states that planning permission will only be granted for a development proposal that is not likely to harm a species protected by law. To this end, the NI Biodiversity Checklist has been used to identify whether the proposal is likely to adversely affect certain aspects of biodiversity including protected species. Corvus completed the NI Biodiversity Checklist. It was received by the Council on 1 May 2019 and DAERA’s Natural Environment Division (NED) was consulted. NED is content that the proposed development is unlikely to significantly impact protected or priority species.

Planning Policy Statement 3: Access, Movement and Parking

Policy AMP 2 Access to Public Roads

Planning permission will only be granted for a development proposal involving direct access, or the intensification of the use of an existing access, onto a public road where such access will not prejudice road safety or significantly inconvenience the flow of traffic.

DfI Roads was consulted on the proposal and no objections were offered to this proposal subject to the street layout being strictly in accordance with that approved under the Private Streets (NI) Order 1980 approval, Planning reference number: LA06/2016/0596/F. I am content that the street layout as submitted is in accordance with the Private Street Determination drawings.

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Policy AMP 7 Car Parking and Servicing Arrangements

Development proposals will be required to provide adequate provision for car parking and appropriate servicing arrangements. The precise amount of car parking will be determined according to the specific characteristics of the development and its location having regard to the published standards or any reduction provided for in an area of parking restraint designated in a development plan. Proposals should not prejudice road safety or significantly inconvenience the flow of traffic.

As per the previous approvals on the wider site, a minimum of 2 No. in-curtilage parking spaces can be provided per unit. The carriageway has a width of 5.5m and therefore is capable of facilitating casual callers without obstructing entrances to driveways or blocking access along the carriageway.

Planning Policy Statement 7 - Quality Residential Environments

Policy QD 1 Quality in New Residential Development

All proposals for residential development will be expected to conform to all of the following criteria: a) the development respects the surrounding context and is appropriate to the character and topography of the site in terms of layout, scale, proportions, massing and appearance of buildings, structures and landscaped and hard surfaced areas.

The proposal is for the erection of 16 No. units which are a variety of house types, 2 storey in height and either detached or semi-detached.

The finishes include grey stone and brick walls with cast stone detailing to openings, uPVC windows and concrete roof tiles which is in-keeping with those finishes approved for the previous phases of Lyn Hall Park and will respect the character of the wider residential area, where a mix of finishes and building designs are present. The detached garages will be finished to match the dwellings.

A landscaping plan has been submitted (Drawing No. 19) which indicates new planting of trees along the roadside and garden space when available. Drawing No. 04 indicates that a 2.1m high screen wall will protect the private amenity of the dwelling closest to the Rathgael Road. The majority of the boundaries are defined by 1.8m high fencing

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with the exception of site 172b which will have a 2.1m high rear boundary screen wall and gate.

The density of this site is being increased through development of an additional four units from 12 to 16 dwellings. The separation distances between the units is reduced. To provide the additional dwellings, car parking for a number of the units is provided to the front of the dwellings which in turn means that the dwellings are now set back from the roadway. This will create a back to back separation distance of less than 15 metres, however it remains at a minimum of 16.5 metres. The garden sizes vary from 44-107sq. metres which meets the minimum standard recommended in the Creating Places document and would still contribute to the average of 70sq. metres across the whole development. This document also refers to promoting choice for residents through a variety of different garden sizes. The application facilitates this choice within the overall development. To ensure that the minimum private amenity is reduced no further, permitted development rights should be removed.

The scale, height and massing of the proposed dwellings are largely in-keeping with the previous phases of Helen’s Wood and respects the character of the wider residential area. I am satisfied that the proposed design will cause no detriment to the character of the area in terms of form, material and detailing. The proposed materials and finishes are in keeping with the existing dwellings in the surrounding area. b) features of the archaeological and built heritage, and landscape features are identified and, where appropriate, protected and integrated in a suitable manner into the overall design and layout of the development;

No natural or built heritage has been identified on the application site. Landscaping is proposed as part of the overall development. c) adequate provision is made for public and private open space and landscaped areas as an integral part of the development. Where appropriate, planted areas or discrete groups of trees will be required along site boundaries in order to soften the visual impact of the development and assist in its integration with the surrounding area;

Adequate provision is made for private amenity space within the curtilage of the proposed dwellings. Public open space is provided in other areas of the larger development site. d) adequate provision is made for necessary local neighbourhood facilities, to be provided by the developer as an integral part of the development;

Not applicable.

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e) a movement pattern is provided that supports walking and cycling, meets the needs of people whose mobility is impaired, respects existing public rights of way, provides adequate and convenient access to public transport and incorporates traffic calming measures;

The internal roads within the development will be utilised for both pedestrian and vehicular access with footways connected to those on Rathgael Road. Existing bus stops along Rathgael Road are within walking distance of the application site. f) adequate and appropriate provision is made for parking;

The proposed site layout indicates ample availability for parking within the site for both residents and visitors. Consideration of parking provision is set out under Policy AMP 7 of PPS 3. g) the design of the development draws upon the best local traditions of form, materials and detailing;

I am satisfied that this is the case, the proposed design and materials used are in keeping with the surrounding area. Having inspected the existing dwellings in the vicinity of the application site I am satisfied that the form, materials and detailing are acceptable. h) the design and layout will not create conflict with adjacent land uses and there is no unacceptable adverse effect on existing or proposed properties in terms of overlooking, loss of light, overshadowing, noise or other disturbance;

I have considered all windows proposed on the dwellings and in order to restrict over- looking between opposing windows and on rear amenity space, the first floor bathroom windows on Drawing No. 12 shall be finished in obscure glazing.

The reduced separation distances has been considered in terms of residential amenity and the dwellings have been designed to respect each other with gable windows not existing on all house type D24. I do not consider the reduced back to back separation distances to be determining in this application. It is difficult in an urban environment to eliminate over-looking.

The proposed design will not conflict with neighbouring residential properties and there will be no unacceptable adverse effect on existing properties. I am satisfied that there will be no unacceptable adverse impact on neighbouring properties through overshadowing, noise or other disturbance. i) the development is designed to deter crime and promote personal safety.

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I am satisfied that this is the case. Dwellings will front onto the internal roads within the proposed development and rear amenity areas will be enclosed.

Planning Policy Statement 12 – Housing in Settlements

The proposal complies with relevant policy and guidance in PPS12. The proposal allows for an increase in density of housing without town cramming. The proposal has a good design and respects the character of the area. It will not have a detrimental impact on the surrounding area.

Planning Policy Statement 15: Planning and Flood Risk

Policy FLD 1 Development in Fluvial (River) and Coastal Flood Plains.

DfI Rivers Flood Maps (NI) indicates that the development does not lie within the 1 in 100 year fluvial or 1 in 200 year coastal flood extent. Rivers Agency offer no objections to the proposed development from a drainage or flood risk perspective.

Policy FLD2 Protection of Flood Defence and Drainage Infrastructure

Not applicable.

Policy FLD 3 Development and Surface Water (Pluvial) Flood Risk Outside Flood Plains

A Drainage Assessment is required as the proposed development consists of 10 or more dwellings.

Such development will be permitted where it is demonstrated through the Drainage Assessment that adequate measures will be put in place so as to effectively mitigate the flood risk to the proposed development and from the development elsewhere.

A Drainage Assessment was submitted for the application which provides evidence of Schedule 6 Consent to discharge surface water for the entire overall site (Phases 1-5) as indicated on drawing IBH0477 1042 Rev B which is included within the Drainage Assessment document.

The proposal is to attenuate surface water within oversized pipes and manholes in the overall development and limit/restrict the discharge to green field rate of 12.3 l/s (refer

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to Table 4.1). Drainage design is to comply with NI Sewers for Adaption standards. Rivers Agency has deemed that this proposal is a robust drainage solution and acceptable under this policy.

DfI Rivers accepts its logic and has no reason to disagree with its conclusions.

Policies FLD 4 and 5 not applicable to this application.

Other Material Planning Considerations

Previous issues raised in the assessment of LA06/2016/0596/F relating to noise and contamination will not be further exacerbated through the approval of this planning application. The Council’s Environmental Health Department has no further comments to make in addition to those comments/ conditions previously requested for application LA06/2016/0596/F. These conditions will be repeated on the decision notice.

8. Consideration of Representations

No letters of representation have been received.

9. Conclusion

All material considerations have been assessed and the proposal in my professional planning judgement, will not cause demonstrable harm to interests of acknowledged importance and therefore approval is recommended.

10. Recommendation

Grant Planning Permission

11. Conditions

1. The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission.

Reason: As required by Section 61 of the Planning Act (Northern Ireland) 2011. 10

2. All hard and soft landscape works shall be carried out in accordance with the approved drawing 19, date stamped 7 October 2019 and the appropriate British Standard or other recognised Codes of Practice. The works shall be completed during the first available planting season after occupation of any part of the development hereby approved.

Reason: To ensure the provision, establishment and maintenance of a high standard of landscape.

3. If within a period of 5 years from the date of the planting of any tree, shrub or hedge, that tree, shrub or hedge is removed, uprooted or destroyed or dies, or becomes, in the opinion of the Council, seriously damaged or defective, another tree, shrub or hedge of the same species and size as that originally planted shall be planted at the same place, unless the Council gives its written consent to any variation.

Reason: To ensure the provision, establishment and maintenance of a high standard of landscape.

4. The street layout shall be in accordance LA06/2016/0596/161B.

Reason: In the interests of road safety and convenience of road users.

5. No dwellings shall be occupied until that part of the service road which provides access to it has been constructed to base course; the final wearing course shall be applied on the completion of the development.

Reason: In the interests of road safety and convenience of road users.

6. Notwithstanding the provisions of The Planning (General Permitted Development) Order (Northern Ireland) 2015, or any Order revoking and re-enacting that Order, no buildings, walls, or fences shall be erected, nor hedges, nor formal rows of trees grown in verges/service strips determined for adoption.

Reason: To ensure adequate visibility in the interests of road safety and the convenience of road users and to prevent damage or obstruction to services.

7. Notwithstanding the provisions of The Planning (General Permitted Development) Order (Northern Ireland) 2015, or any Order revoking and re-enacting that Order, no planting other than grass, flowers or shrubs with a shallow root system and a mature height of less than 500mm shall be carried out in verges/service strips determined for adoption.

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Reason: To ensure adequate visibility in the interests of road safety and the convenience of road users and to prevent damage or obstruction to services.

8. No dwelling shall be occupied until provision has been made within its curtilage for the parking of 2 No. private cars per dwelling.

Reason: To ensure adequate (in-curtilage) parking in the interests of road safety and the convenience of road users.

9. All appropriate road markings and associated signage within the development and on the public road shall be provided by the developer/ applicant in accordance with the specifications as set out in the Design Manual for Roads and Bridges and as directed by DFI Roads Traffic Management Section prior to the occupation of any part of the development hereby approved.

Reason: In the interest of road safety and traffic progression.

10. The first floor windows, as indicated in green on the approved Drawing No. 12 date stamped 30 January 2019, shall be finished with obscure glass and be non-opening unless the parts of the window which can be opened are more than 1.7 metres above the floor of the room in which the window is installed. These windows shall be installed prior to the occupation of each dwelling and permanently retained thereafter.

Reason: In order to preserve the amenity of the adjoining properties.

11. The development hereby permitted shall not be occupied until the remediation measures as outlined in the RPS Group Plc (RPS) Remedial Strategy, bearing the Council date stamp 17 June 2016, have been implemented and carried out in accordance with the approved details set out in the Strategy. Should new contamination be identified during the agreed surface water monitoring programme, condition 12 will apply. Prior to the commencement of the remediation work the Council shall be given two weeks written notification, the enable DAERA to visit the site during the implementation of the works.

Reason: Protection of environmental receptors to ensure the site is suitable for use.

12. If during development works, new contamination or risks to the water environment which have not previously been identified, works shall cease and the Council shall be notified immediately. This new contamination shall be fully investigated in accordance with the Model Procedures for the Management of Land Contamination (CLR11). IN the event of unacceptable risks being identified, a remediation strategy shall be agreed with the Council in writing and subsequently implemented and verified to its satisfaction.

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Reason: Protection of environmental receptors to ensure the site is suitable for use.

13. After completing any remediation works required under conditions 11 and 12; and at least four weeks prior to occupation of the development, a Verification Report shall be submitted to and agreed with the Council in writing. This report must demonstrate that all the measures outlined in Section 10 of the RPS report titled Proposed Residential Development, Rathgael Road, Bangor, Remedial Strategy referenced IBR0736 and dated June 2016 have been fully implemented. The Verification Report shall demonstrate the successful completion of the remediation works and that the site is now fit for end-use. It shall demonstrate that the identified potential pollutant linkages are effectively broken. The Verification Report shall be in accordance with current best practice and guidance as outlined by the Environment Agency. In particular, this Verification Report must demonstrate that: a) The final site layout is as per drawing in Appendix B of the Remedial Strategy Report Ref IBR0736. b) Full Details of the installation and depths of the clean cover barriers shall be confirmed as per final layout. c) All fuel transfer lines and all associated pipework have been traced and removed in accordance with PPG 2 Above Ground Oil Storage Tanks. All remaining soils (or base and side-walls of all excavations) are to be sampled and proven suitable for the proposed end-use. d) The hotspots of heavy metal and hydrocarbon contamination have been removed by excavation to a depth of 0.5m below the depth of the exceedance. All remaining soils (or base and side-walls of all excavations) are to be sampled and demonstrably proven suitable for the proposed end-use. e) All imported soil brought on the site shall be accompanied by traceability documentation and shall be demonstrably proven to be suitable for the end use.

Reason: Protection of environmental receptors to ensure the site is suitable for use.

14. All noise mitigation measures stipulated in the Noise Impact Assessment titled ‘Proposed residential development Rathgael Road, Bangor, Co. Down’, prepared by F.R. Mark & Associates and dated June 2016 shall be incorporated into the development.

Reason: To ensure future occupants are not adversely affected by noise from the Rathgael Road.

15. In relation to glazing and ventilation:

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(a) Glazing, capable of providing a sound reduction index of at least 29dB RTra shall be installed within all habitable rooms in properties on the Rathgael Road facade. (b) Acoustic passive ventilation, in addition to that provided by open windows, shall be capable of achieving a sound reduction of at least 29dB Rw when in the open position (with respect to noise transmission from the exterior to the interior of the building), shall be provided to all habitable rooms in properties on the Rathgael Road facade. (c) Glazing, capable of providing a sound reduction index of at least 34 dB RTra /29 dB Rw shall be installed within all bedrooms in properties on the Rathgael Road facade. (d) All noise mitigation measures stipulated in the Noise Impact Assessment titled ‘Proposed residential development Rathgael Road, Bangor, Co. Down’, prepared by F.R. Mark & Associates and dated June 2016 shall be incorporated into the development. (e) Glazing, capable of providing a sound reduction index of at least 29dB RTra shall be installed within all habitable rooms in properties on the Rathgael Road facade. (f) Acoustic passive ventilation, in addition to that provided by open windows, shall be capable of achieving a sound reduction of at least 29dB Rw when in the open position (with respect to noise transmission from the exterior to the interior of the building), shall be provided to all habitable rooms in properties on the Rathgael Road facade. (g) Glazing, capable of providing a sound reduction index of at least 34 dB RTra /29 dB Rw shall be installed within all bedrooms in properties on the Rathgael Road facade. (h) All noise mitigation measures stipulated in the Noise Impact Assessment titled ‘Proposed residential development Rathgael Road, Bangor, Co. Down’, prepared by F.R. Mark & Associates and dated June 2016 shall be incorporated into the development.

Reason: To ensure future occupants are not adversely affected by noise from the Rathgael Road.

16. The construction of the development shall be carried out in accordance with the details contained within the Outline Construction Environmental Management Plan, date stamped 17 June 2017. Prior to the commencement of works, an Ecological Clerk of Works shall be appointed to oversee all aspects of any works and monitor compliance with mitigation measures for the development. The Ecological Clerk of Works shall be appointed for the duration of construction.

Reason: To maintain the biodiversity value of the area.

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17. Notwithstanding the provisions of the Planning (General Permitted Development) Order (Northern Ireland) 2015, or any Order revoking and/or re-enacting that Order, no buildings or structures shall be erected within the curtilage of the dwelling houses hereby permitted and no extension or enlargement (including alteration to roofs) shall be made to the dwellinghouses hereby permitted without the grant of a separate planning permission from the Council.

Reason: The further extension of these dwellings require detailed consideration to safeguard the amenities of the surrounding area and to maintain adequate provision of private amenity space.

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Proposed site plan

Proposed boundary treatment

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View from Rathgael Road

Rear of existing houses

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ITEM 4.3 Ards and North Down Borough Council

Application Ref LA06/2018/0906/F

Proposed wastewater treatment works (WWTW) with tanks, Proposal pipework, metalwork access walkways, paladin perimeter fencing, perimeter earth bund, landscaping and solar PV array

Land to the rear of 10 Ganaway Road, Ballywalter, Newtownards, BT22 2LG Location DEA: Ards Peninsula

A local development application attracting six or more Committee separate individual objections which are contrary to the Interest officer’s recommendation

Validated 10/08/2018

• This application submitted by NI Water represents programme of vital infrastructure works required to upgrade sewage system throughout the Borough

• This proposal will replace a series of septic tanks in the area and will treat wastewater for Ballyfrenis

• Site lies outside settlement limits as defined in Ards and Down Area Plan 2015

• All required studies have been completed and cleared by Summary statutory consultees including NIEA – Ecology Report, Rivers Agency – Drainage Assessment and Environmental Health – Noise and Odour Assessment

• 6 objections received – issues raised are mostly around issues of clarification regarding what sort of waste to be treated and how it will be carried out and issue with pipes running along private land

• All policy requirements complied with including that set out in PPS 11 – Planning and Waste Management

Recommendation Approval

Attachment Item 4.3a – Case Officer Report

Development Management Case Officer Report

Application Ref: LA06/2018/0906/F DEA: Ards Peninsula Proposal: Proposed waste water treatment works (WWTW) with tanks, pipework, metalwork access walkways, paladin perimeter fencing, perimeter earth bund, landscaping and solar PV array.

Location: Land to the rear of 10 Ganaway Road, Ballywalter, Newtownards Applicant: Northern Ireland Water Agent: WYG

Date Valid: 10/08/2018 Env Statement Requested: No

Date last Advertised: 04/10/2018

Date last Neighbour Notified: 20/12/2018

Consultations: Yes

Representations: Yes

Letters of Support 0 Letters of Objection 6 Petitions 0

Summary of Main Issues:

• Impact of the proposal on the character of the countryside • Residential Amenity • Impact on biodiversity and designated sites

Case Officer: Gillian Corbett

Recommendation: Grant Planning Permission

Agreed by Authorised Officer

Full details of this application, including the application forms, relevant drawings, consultation responses and any representations received are available to view at the Planning Portal www.planningni.gov.uk using Public Access

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1. Description of Site and Surrounding Area

The site is located at 10 Ganaway Road, Ballywalter. The site is a grass field that slopes slightly downwards from north-west to south-east. There is hedging with some trees along the boundary of the site. The site is adjacent to a caravan park. The site is accessed off an existing laneway at the north-east corner of the field. The laneway also serves the caravan park.

The area is within the countryside as set out in Ards and Down Area Plan 2015. The area is rural in character with agricultural land and dispersed dwellings and farm buildings. There are also caravan parks in this rural area.

2. Site Location Plan

This is Crown Copyright and is reproduced with the permission of Land & Property Services under delegated authority from the Controller of Her Majesty’s Stationery Office, ©Crown copyright and database right 2016 CS&LA156

3. Relevant Planning History

No relevant site history

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4. Planning Policy Framework The relevant planning policy framework for this application is as follows:

• Ards & Down Area Plan 2015 • Strategic Planning Policy Statement for Northern Ireland • Planning Policy Statement 2: Natural Heritage • Planning Policy Statement 3: Access, Movement & Parking • Planning Policy Statement 11: Planning and Waste Management • Planning Policy Statement 15: Revised Planning and Flood Risk • Planning Policy Statement 21: Sustainable Development in the Countryside

5. Supplementary Planning Guidance Relevant supplementary planning guidance for this application is as follows: N/A

6. Consultations Consultation was carried with the following statutory and non-statutory consultees and a synopsis of responses is listed Consultee Response Environmental Health No objection subject to conditions relating to noise DFI Roads No objection NIEA Water Management No objection Unit NIEA Natural Environment No objection subject to conditions to protect Division designated sites NIEA Marine Division No objection Rivers Agency No objection Shared Environmental No objection subject to conditions to protect Service designated sites

7. Consideration and Assessment

Local Development Plan Section 45 (1) of the Planning Act (Northern Ireland) 2011 requires regard to be had to the Development Plan, so far as material to the application and to any other material considerations. Section 6(4) states that where regard is to be had to the Development Plan, the determination must be made in accordance with the Plan unless material considerations indicate otherwise.

Ards and Down Area Plan 2015 The site is within Ards countryside area as set out in the Plan. There is no specific policy relating to this proposal. However, the Plan sets out that current policies on new infrastructure and the disposal or treatment of waste materials is contained within PPS 11 – Planning and Waste Management.

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Strategic Planning Policy Statement for Northern Ireland (SPPS) This sets out the guiding principle relating to the grant/refusal of development contained within paragraph 3.8. This states that sustainable development should be permitted, having regard to the development plan and all other material considerations, unless the proposed development will cause demonstrable harm to interests of acknowledged importance.

The SPPS retains the policy provisions of PPS 2, PPS 3, PPS 11, PPS 15 and PPS 21 until they are replaced by a Local Development Plan for the Ards and North Down Borough.

Planning Policy Statement 2 - Natural Heritage This sets out the policies for conservation, protection and enhancement of our natural heritage. Within this, natural heritage is defined as the diversity of our habitats, species, landscapes and earth science features. In taking decisions, the planning authority should ensure that appropriate weight is attached to designated sites of international, national and local importance; priority and protected species and to biodiversity and geological interests with the wider environment.

Policy NH 1 relates to European and Ramsar Sites. The site is hydrologically connected to Outer Ards SPA/Ramsar/ASSI, SPA/ASSI, The Maidens SAC, East Coast (Northern Ireland) Marine Proposed SPA, and North Channel Candidate SAC (hereafter referred to as designated sites) which are of international and national importance and are protected by Conservation (Natural Habitats, etc) Regulations (Northern Ireland) 1995 (as amended) and The Environment (Northern Ireland) Order 2002.

The potential impact of the proposal on these designated sites has been assessed in accordance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc) Regulations (Northern Ireland) 1995 (as amended).

Shared Environmental Service (SES) was consulted and reviewed a Habitats Regulations Assessment (HRA) carried out by WYG on behalf of NI Water (the applicant). SES commented ‘in line with the conclusions of this assessment, provided the mitigation is conditioned in any planning approval, the proposal will not have an adverse effect on site integrity of any European site.’

NIEA Natural Environment Division (NED) was also consulted and has requested conditions to be place on any approval in order to prevent any adverse impact on the designated sites.

Policy NH2 relates to protected species and policy NH 5 to habitats, species or features of natural heritage importance. Within this planning permission will only be granted where a development proposal is not likely to harm a protected species or result in the unacceptable adverse impact or damage to priority species, habitats or features of natural heritage importance.

An Ecological Appraisal was submitted and NIEA NED was consulted. No evidence of badger setts or otter activity has been discovered within the site boundary and the trees on site have been assessed as having low bat roosting

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potential. NIEA NED is content with the proposal and it is, therefore, deemed that the proposal is not likely to harm a protected species or habitat, species or features of natural heritage importance.

Planning Policy Statement 3 - Access, Movement and Parking This policy seeks to promote road safety and an accessible environment, promote more sustainable modes of transport and reduce reliance on the private car. The proposal will use an existing laneway to access the site. The existing laneway is already used for a caravan site which is adjacent to the site. DFI Roads was consulted and offers no objections, therefore, the proposal will not prejudice road safety or significantly inconvenience the flow of traffic.

Planning Policy Statement 11 – Planning and Waste Management This PPS sets out the planning policies for the development of waste management facilities. It seeks to promote the highest environmental standards in development proposals for waste management facilities and includes guidance on the issues likely to be considered in the determination of planning applications.

Planning control of waste management facilities focuses primarily on: • whether the development itself is an acceptable use of the land rather than on the control of the processes or substances involved; and • regulating the location of the development in order to avoid or minimise adverse effects on people, the use of land and the environment.

Policy WM 1 relates to the environmental impact of a waste management facility and sets out that proposals for the development of a waste management facility will be subject to a thorough examination of environmental effects and will only be permitted where it can be demonstrated that all of a list of criteria are met.

The proposal will not cause demonstrable harm to human health or result in an unacceptable adverse impact on the environment. In relation to human health the Council’s Environmental Health Department was consulted and Noise and Odour assessments were submitted. Following consideration of the details within these reports, Environmental Health offers no objections as there will be no adverse impacts from noise or odours.

In relation to the impacts on the environment NIEA Natural Environment Division, Water Management Unit and Marine and Fisheries Division, and Shared Environmental Service were consulted. As discussed above the proposal will not have any adverse impacts on designated sites and no protected or priority species were evident onsite. Marine and Fisheries Division is content with the proposal subject to conditions to protect the integrity of the designated sites and subject to a marine construction licence (which has been processed by NIEA). Water Management Unit considered the impacts of the proposal on the surface water environment and, on the basis of the information provided, is content with the proposal.

The proposal is designed to be compatible with the character of the surrounding area and adjacent land uses. A 2-metre-high landscaped bund will be added along the boundaries of the site to screen the tanks and pumps from public views and

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allow the development to integrate with the surrounding rural landscape. The surrounding area is not designated for its landscape quality and the proposed development will not have an unacceptable visual impact on the rural area.

Access to the site is via an existing laneway off Ganaway Road that is also used for a caravan site. DFI Roads was consulted and offers no objections, therefore the proposal will not prejudice the safety and convenience of road users. The traffic movements to and from the site will be for staff or maintenance, therefore, there will be no nuisance to neighbouring residents by virtue of noise, dirt and dust.

The public road network can satisfactorily accommodate the traffic generated by the proposal as there will not be a significant increase in the number of vehicles visiting the site. As a result of the limited visitors there is no parking provided within the site.

As discussed above the development will not have an unacceptable adverse impact on any nature conservation interests. It will also have no unacceptable adverse impact on any archaeological or built heritage interests.

The waste water to be treated by the development and the proposed method of disposal or treatment will not pose a serious environmental risk to air, water or soil resources that cannot be prevented or appropriately controlled by mitigating measures. As discussed above NIEA Water Management Unit and Marine and Fisheries Division, Shared Environmental Service and Environmental Health were consulted and offer no objections subject to mitigation measures being conditioned in any approval.

The proposed site is not at risk from flooding and the proposal will not cause or exacerbate flooding elsewhere. Flood risk and drainage assessment information was submitted and DfI Rivers was consulted. DfI Rivers commented that ‘the development does not lie within the 1 in 100 year fluvial or 1 in 200 year coastal flood plain. Hence DfI Rivers would have no specific reason to object to the proposed development from a drainage or flood risk perspective.’

In relation to surface water (pluvial) flood risk outside of flood plains, Rivers Agency requested that the applicant apply for Schedule 6 consent to discharge to a watercourse. Following receipt of this DfI Rivers is content with the proposed development from a drainage or flood risk perspective.

The proposal will not involve the loss of the best and most versatile agricultural land as the site is a small field adjacent to a caravan park.

Policy WM 2 relates to waste collection and treatment facilities and sets out that proposals for the development of a waste collection or treatment facility will be permitted where there is a need for the facility as established through the Waste Management Strategy (WMS) and the relevant Waste Management Plan (WMP), except in the case of Waste Water Treatment Works (WWTWs) where the need must be satisfactorily demonstrated; the proposed facility is the BPEO; and the proposed facility complies with one or more of a list of locational criteria.

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The need for the WWTW has been satisfactorily demonstrated by NI Water who is the sole provider of water and sewerage services in Northern Ireland. The population capacity of the WWTW is 8,508 PE (Population Equivalent). The treatment works is required to address problems with existing waste water infrastructure and will serve Ballywalter, Ballywhiskin, Carrowdore and the caravan parks at Ballyferris.

From 25 November 2013 BPEO is no longer to be treated as a material consideration.

The proposed facility complies with one or more of a list of locational criteria. The proposed site is within the countryside but doesn’t involve the re-use of existing buildings or on land adjacent to existing building groups. However, it has been demonstrated that the new plant is needed to serve the local population, it will integrate with the surrounding rural landscape due to a two metre high landscaped bund along the boundaries of the site and there will be no unacceptable adverse environmental impacts that cannot be appropriately controlled by mitigating measures.

Planning Policy Statement 15 - Revised Planning and Flood Risk This document sets out the planning policies to minimise and manage flood risk to people, property and the environment.

There is a watercourse, known as the Greystone Drain, which is designated under the terms of the Drainage (Northern Ireland) Order 1973, located along the southern boundary of the site. As a result, DfI Rivers Agency was consulted.

Policy FLD1 which relates to development within a floodplain is not applicable as the proposal is not within the 1 in 100 year fluvial or 1 in 200 year coastal flood plain.

Policy FLD2 which relates to protection of flood defence and drainage infrastructure is applicable to this proposal due to the designated watercourse along the southern boundary of the site. Under 6.32 of the policy it is essential that a working strip of minimum width 5m is retained. This has been shown on the plans.

Policy FLD3 which relates to development and surface water flood risk is applicable due to the size and nature of the development. DfI Rivers has acknowledged the receipt of the Schedule 6 consent to discharge. Along with the Flood Risk and Drainage Assessment submitted DfI Rivers is content that FLD3 has been satisfied.

Policy FLD4 and FLD5 are not applicable to the site.

The proposal is therefore acceptable from a flood risk perspective.

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Planning Policy Statement 21 – Sustainable Development in the Countryside Policy CTY sets out the range of types of development which in principle are considered to be acceptable in the countryside and that will contribute to the aims of sustainable development.

There are a range of types of non-residential development that may be acceptable in principle in the countryside, e.g. certain utilities or telecommunications development. Proposals for such development will continue to be considered in accordance with existing published planning policies. For this proposal, PPS 11 is the applicable policy. The proposal has been considered against the relevant policies within this document above and it is considered that it will have no adverse impact on the visual amenity or environmental quality of the rural area.

8. Consideration of Representations Six objections letters have been received. The main issues of concern and consideration of these issues is detailed below:

• Will the proposal deal with raw sewerage? The proposal will deal with raw sewerage; however, information has been provided that the works will be a modern facility which will treat waste water to a high standard and will replace old facilities including septic tanks which do not treat wastewater to the required environmental standard.

• How large an area will it be servicing? The new works will serve Ballywalter, Ballywhiskin, Carrowdore and the caravan parks at Ballyferris.

• How will the waste be transported to the site? Waste will be pumped to the site. Information supplied by the applicant sets out that NI Water is investing in the construction of new modern pumping stations and pipelines as part of the scheme. All of these will be underground.

• Will the treatment plant be open tanks resulting in unpleasant/unhealthy odours? Odour to adjacent caravan park Some tanks will be open, however the ones that emit odour will be covered and the odours from these will be treated at the odour plant. Due to concerns regarding odours an Odour Assessment was submitted and the Councils’ Environmental Health Department was consulted. Based on the information provided within the assessment Environmental Health offers no objections to the proposal.

• What will be visible above ground level, what effect will the proposed fencing and bund have on existing dwellings? The 2-metre-high landscaped bund along the boundaries of the site will screen the development from public views. There is approximately 60m between the proposed site and the nearest residential dwelling to the east of the site, therefore the proposed fencing and bund will not have an adverse impact on any existing dwelling.

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• Will drainage water be released into the burn that borders the proposed site? No water associated with the sewerage treatment process will be discharged into the burn. The applicant has applied to DfI Rivers for Schedule 6 consent to discharge to the watercourse for surface water drainage and DfI Rivers has no objections to the proposal.

• Why has there been no environmental assessment requested? An EIA determination was carried out for the proposal, but it was deemed that an EIA was not required as the proposal is not of such a scale as to have wide ranging environmental effects and be of more than local importance; the proposal is not wholly or partly located in an environmentally sensitive location; and the proposal will not have unusually complex or potentially hazardous environmental effects. Any environmental impacts from the proposal could be addressed during the processing of the application and consultation with the relevant statutory bodies. A Habitats Regulations Assessment was carried out by the competent authority and an Ecology report was also submitted. Both found that the proposal will not have an adverse impact on the environmental quality or biodiversity of the area.

• Flooding of the burn caused by discharging water from the plant. Discharge from the plant will not cause flooding of the burn. The drainage system has been designed to ensure that surface water drainage flow from the development cannot be greater than the existing greenfield run-off.

• In the adjoining field is a barn owl habitat, will this be affected? This was addressed in the Ecology report submitted as part of the application. It found that the barn owl nesting box was approx. 100m from the site boundary, therefore a sufficient distance to be unaffected by the construction and operation of the proposal and there is abundant foraging habitat within the wider surroundings.

• Incoming pipe travels through land outside of the control of applicant, any disturbance of adjacent fields would damage field drainage system and cause flooding. Information was submitted to set out that NI Water will serve wayleave notices on all private landowners where pipes pass through their land. The position of any existing field drains will be considered prior to laying sewerage pipes in any fields and this will be done to the satisfaction of the Project Manager of the development in consultation with the landowner.

• No communication from the applicants to adjacent neighbours. There is no obligation for the applicants to contact adjacent neighbours. Adjacent neighbours within 90m of the proposed site will be notified during the planning process.

• Sea water pollution - Sea fall pipe coming out in water about 600m from caravan park where people swim and do water sports.

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In relation to this concern the applicant commented that the current situation is that there are numerous septic tanks discharging to the sea along the shore between Ballywhisken and Ballywalter. The proposed works is a modern facility which treats wastewater to a very high standard and will replace a number of existing septic tanks. The effluent is much cleaner and it is also discharged much further offshore. This will result in cleaner seawater and a major environmental improvement for the area. The outfall pipe is buried underground and extends to approx. 0.5km below the low watermark. It will not impact on anyone using the beach. NIEA, in particular Marine and Fisheries Division was consulted and offers no objections to the proposal. The applicant has applied for a marine construction licence which has been processed by NIEA.

• Conservation of designated areas, birds and sea life. As discussed above the conservation of designated areas, birds and sea life has been considered through the submission of Habitats Regulations Assessment and Ecology Report and from the advice of consultees from NIEA Natural Environment Division, Water Management Unit and Marine and Fisheries Division, and Shared Environmental Services. All consultees are content with proposal and there will be no unacceptable adverse environmental impacts that cannot be appropriately controlled by mitigating measures or conditions on any planning decision.

• Increased vehicular traffic during construction and when site is open. Any increase in vehicular traffic during the construction will be temporary. There will be a slight increase in vehicular traffic when the site is open, however DfI Roads was consulted and offers no objections therefore the proposal will not prejudice road safety or inconvenience the flow of traffic.

9. Conclusion

The proposal has been assessed against relevant planning policies and all relevant material considerations, representations from neighbours and consultation replies have been considered. I am content that the proposal complies with planning policy and will not have any unacceptable adverse impacts on the character, amenity or environmental quality of the area and I therefore recommend planning permission is granted.

10. Recommendation

Grant Planning Permission

11. Conditions

1. The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission.

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Reason: As required by Section 61 of the Planning Act (Northern Ireland) 2011.

2. The noise level limits of the WWTW hereby approved, shall not exceed those specified in Table 3.2 of the report titled ‘Ards & North Down WWTW, Noise Assessment, Northern Ireland Water, prepared by WYG, dated October 2018 and referenced A051486’

Reason: In the interests of public amenity.

3. The 2m high landscaped bund as specified on Drawing No. 02 date stamped 19 September 2018 and detailed on Drawing No. 14 date stamped 3 June 2019, shall be in place prior to the operation of the Waste Water Treatment Works hereby approved and shall remain in perpetuity.

Reason: In the interests of visual and residential amenity.

4. All surface water run-off during the construction and operational phase shall be directed away from the red line boundary, or any water course present.

Reason: To protect water quality within the adjacent watercourse and thus protect the site features and habitats used by site features of designated sites downstream.

5. A suitable buffer of at least 10m shall be maintained between the location of all refuelling, storage of oil/fuel, concrete mixing and washing areas, storage of machinery/material/spoil etc. and the red line boundary, or the any water course present.

Reason: To protect water quality within the adjacent watercourse and thus protect the site features and habitats used by site features of designated sites downstream.

6. A final Construction Environmental Management Plan shall be submitted to the Council for agreement in writing prior to any works commencing. This shall reflect and detail all the mitigation and avoidance measures to be employed as outlined in the submitted North Ards WWTW – Shadow Habitats Regulations Assessment, prepared by WYG, dated 10 May 2019, and all additional submitted information. The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing with the Council.

Reason: To protect water quality within the adjacent watercourse and thus protect the site features and habitats used by site features of designated sites downstream.

7. A final layout design to include a final site drainage plan shall be submitted to the Council for agreement in writing prior to works commencing. This shall reflect and detail all the mitigation and avoidance measures to be

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employed as outlined in the submitted North Ards WWTW – Shadow Habitats Regulations Assessment, prepared by WYG, dated 10 May 2019, and all additional submitted information.

Reason: To protect water quality within the adjacent watercourse and thus protect the site features and habitats used by site features of designated sites downstream.

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Site Location Map

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Site Layout

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Elevations

Section

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View from entrance to the site

View of west boundary of the site

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View towards No. 21 Greystone Road

View towards north boundary of the site and caravan park beyond

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ITEM 4.4 Ards and North Down Borough Council

Application Ref LA06/2019/0623/F Timber fencing around existing pond to create new external otter enclosure. Enclosure of grass area to create new external penguin enclosure, including outdoor pool, penguin Proposal house/pumping house, and associated perimeter security fencing.

Lands east of and immediately adjacent to Exploris Aquarium, The Rope Walk, Castle Street, Portaferry Location

DEA: Ards Peninsula

Committee Application relating to land in which the Council has an estate Interest

Validated 07/06/2019

• Application part of overall strategy to develop Exploris as a tourism destination within the Borough

• Site lies within Portaferry’s Conservation Area, and ’s Area of Outstanding Natural Beauty, Local Summary Landscape Policy Area and an Area of Outstanding Natural Beauty

• All consultees content

• No objections received

Recommendation Approval

Attachment Item 4.4a – Case Officer Report

Development Management Case Officer Report

Application Ref: LA06/2019/0623/F DEA: Ards Peninsula Proposal: Timber fencing around existing pond to create new external otter enclosure. Enclosure of grass area to create new external penguin enclosure, including outdoor pool, penguin house/pumping house, and associated perimeter security fencing. Location: Lands east of and immediately adjacent to Exploris Aquarium The Rope Walk Castle Street Portaferry Applicant: Aquarium Exploris Ltd Agent: Gary Patterson Architects

Date Valid: 07/06/2019 Env Statement Requested: No

Date last Advertised: 11/07/2019

Date last Neighbour Notified: 02/07/2019

Consultations: Yes

Representations: No

Letters of Support 0 Letters of Objection 0 Petitions 0

Summary of Main Issues: • Principle of development • Visual Amenity • Impact on Conservation Area • Impact on Area of Outstanding Natural Beauty • Impact on archaeology and built environment • Residential Amenity • Biodiversity Case Officer: Caroline Herron

Recommendation: Grant Planning Permission

Agreed by Authorised Officer Full details of this application, including the application forms, relevant drawings, consultation responses and any representations received are available to view at the Planning Portal www.planningni.gov.uk using Public Access

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1. Description of Site and Surrounding Area

The site is located north-west of Castle Street, within the settlement limit of Portaferry. The site consists of an area of formal garden/ park adjacent to Exploris Aquarium complex. The site contains a small pond and is bounded by mature vegetation. The public car park serving the Aquarium is located to the east. The disused bowling green is located to the north. The lifeboat station and residential properties are located to the south of the site. There is a mature forest to the west.

The site is within the settlement of Portaferry. It is also within Portaferry’s Conservation Area, the Strangford and Lecale Area of Outstanding Natural Beauty, a Local Landscape Policy Area and an Historic Park, Garden and Demesne.

2. Site Location Plan

3. Relevant Planning History

No relevant history.

4. Planning Policy Framework The relevant planning policy framework for this application is as follows:

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• Ards and Down Area Plan 2015 • Strategic Planning Policy Statement for Northern Ireland • Planning Policy Statement 2: Natural Heritage • Planning Policy Statement 3: Access, Movement & Parking • Planning Policy Statement 6: Planning, Archaeology and the Built Heritage • Planning Policy Statement 8: Open Space, Sport and Outdoor Recreation

5. Supplementary Planning Guidance Relevant supplementary planning guidance for this application is as follows:

• DCAN 15 – Vehicular Access Standards • Portaferry Conservation Area Guide

6. Consultations Consultation was carried out with the following statutory and non-statutory consultees and a synopsis of responses is listed Consultee Response Historic Environment Division: Historic No objection Monuments Historic Environment Division: Historic Buildings No objection subject to conditions NIEA Natural Environment Division No objection subject to conditions

7. Consideration and Assessment

Proposal

The proposal includes the erection of a double sided close boarded fence of 1.4m high around the existing pond to create an otter enclosure. A bridge walkway is proposed over the pond and an otter house south of the pond. The otter house has a floorspace of 9 sq. metres, raised on stilts of 0.85 metres giving a total height of 2.8 metres. The house will be finished in timber cladding with a timber board roof. The existing landscaped area will also be enclosed maintaining a 600mm gap between the proposed wall and the existing boundary wall. The wall will be rendered with a secondary metal fence fixed on top. The penguin enclosure will have elements of glazing for viewing. There will be a penguin pool and a penguin feed preparation and welfare building. The penguin building will have a floorspace of 24 sq. metres and ridge height of 3.7 metres high. The building will be finished in Siberian Larch timber cladding with a slate/ re-constituted slate roof.

The existing boundary wall will have a secondary metal fence fixed behind on the enclosure side. A 1.8m wide and 2.1m high opening will be provided in the existing

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wall north of the other pond within the site of Exploris to access existing exhibits and enclosures.

Ards and Down Area Plan 2015

The site is within the settlement of Portaferry in the Ards and Down Area Plan 2015. The site is also within Portaferry’s Conservation Area, the Strangford and Lecale Area of Outstanding Natural Beauty and a Local Landscape Policy Area. The site is zoned as ‘Existing Open Space and Recreation’.

Strategic Planning Policy Statement for NI

This statement sets out the guiding principle relating to the grant/refusal of development which is contained within paragraph 3.8. This states that sustainable development should be permitted, having regard to the development plan and all other material considerations, unless the proposed development will cause demonstrable harm to interests of acknowledged importance.

Planning Policy Statement 2 - Natural Heritage

This document sets out the policies for conservation, protection and enhancement of our natural heritage. Within this, natural heritage is defined as the diversity of our habitats, species, landscapes and earth science features. In taking decisions, the planning authority should ensure that appropriate weight is attached to designated sites of international, national and local importance; priority and protected species and to biodiversity and geological interests with the wider environment.

Policy NH1 relates to European and Ramsar sites and states that planning permission will only be granted for a development proposal that, either individually, or in combination with existing and/or proposed plans or projects, is not likely to have a significant effect on those sites.

The potential impact of this proposal on Special Areas of Conservation, Special Protection Areas and Ramsar sites has been assessed in accordance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended). The proposal would not be likely to have a significant effect on the features, conservation objectives or status of any of these sites.

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Policy NH 2 of PPS 2 states that planning permission will only be granted for a development proposal that is not likely to harm a species protected by law. To this end, the NI Biodiversity Checklist has been used to identify whether the proposal is likely to adversely affect certain aspects of biodiversity including protected species. In this instance it has indicated that, with the exception of the man-made pond, there are no NI Priority Habitats within the application site. The development will involve the loss of the areas of amenity grass and ornamental planting assessed as having limited conservation value. The pond is being retained and any mature trees/ scrub being removed from around the pond will be compensated for by replacement planting. Two of the veteran ash trees on the western section of the site has moderate bat roosting potential and therefore should be retained and their root systems protected during the development of the site. If the trees do have to be removed, further detailed bat surveys will be required. The pond is considered to have poor suitability for newts; however, the use of the pond by newts cannot be ruled out.

DAERA Natural Environment Division (NED) was consulted on the proposal and it is content that the proposed development is unlikely to impact badgers and the pond has been identified as being poor suitability for smooth newts and therefore the pond is unlikely to support breeding smooth newts.

NED acknowledges that two veteran ash trees have been identified as having moderate potential for roosting bats and shown on Figure 2 of the Preliminary Ecological Assessment as TN5-TN6. NED considers that Drawing Number 03 shows that these trees are to be retained and advises that a condition should be attached to any approval to ensure that these trees are protected during the construction phase. Should these trees require removal further bat surveys would be required.

If newts are identified on the site, all works should cease immediately and further advice sought from the Wildlife Team, Northern Ireland Environment Agency.

The site is situated within an Area of Outstanding Natural Beauty (AONB) and therefore must meet the tests of Policy NH 6 in PPS 2. The proposed development is considered as sympathetic to the character of the AONB and respects and conserves the features of importance to the character, appearance and heritage of the landscape. A design and access statement is not required in this instance as the proposed floorspace does not exceed the threshold of 100sq. metres in accordance with Article 6 of The Planning (General Development Procedure) Order (Northern Ireland) 2015.

Planning Policy Statement 3 - Access, Movement and Parking

This policy seeks to promote road safety and an accessible environment, promote more sustainable modes of transport and reduce reliance on the private car.

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The application site provides no in-curtilage parking. The proposal is not considered to cause intensification on the existing road network. The proposal will therefore not prejudice road safety or significantly inconvenience the flow of traffic.

Planning Policy Statement 6

Local Landscape Policy Areas

Policy CON 2 of the Ards and Down Area Plan relates to Local Landscape Character Areas. Policy CON 2 states that planning permission will not be granted to development proposals which would be liable to adversely affect the environmental quality, integrity or character of LLPAs.

LLPAs consist of those features and areas within and adjoining settlements considered to be of greatest amenity value, landscape quality or local significance and therefore worthy of protection from undesirable or damaging development.

The LLPA proposed in association with Portaferry is to help to ensure that new development does not dominate the distinctive landscape and townscape characteristic of the village.

The site lies within Local Landscape Policy Area designated within the Plan as LLPA 1 – Portaferry house, grounds and associated plantings.

One of the bullets relating to designation LLPA refers to: Walled garden area now contains a tourist and recreational area with aquarium, playground, caravan park, paths, gardens and car parking with link to shore.

It is considered that this small scale development proposal will not impact adversely on the village, given the redevelopment of this area of pond (retained) within the much wider LLPA.

Listed Buildings

Policy BH 11 (Development affecting the Setting of a Listed Building) states that “The Department will not normally permit development which would adversely affect the setting of a listed building. Development proposals will normally only be considered appropriate where all the following criteria are met:

(a) the detailed design respects the listed building in terms of scale, height, massing and alignment;

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(b) the works proposed make use of traditional or sympathetic building materials and techniques which respect those found on the building; and (c) the nature of the use proposed respects the character of the setting of the building.”

The application is within the historic setting of Portaferry House (Grade B+) which is of special architectural and historic importance and is protected by Section 80 of the Planning Act (NI) 2011. Historic Environment Division, Historic Buildings (HED:HB) has considered the impacts of the proposal on the building and on the basis of the information provided, advise that it is content with the proposal with conditions relating to the secondary (inner fence) to car park elevation (east) and north penguin enclosure boundary to be coated welded wire mesh in muted tone and that the rainwater goods shall be steel/coated metal.

Policy BH 12 (New Development in a Conservation Area) states that proposals for the alteration or extension of properties in a conservation area will normally be acceptable where they are sensitive to the existing building, in keeping with the character and appearance of the particular area and will not prejudice the amenities of adjacent properties.

The site is enclosed by an existing stone wall. The fencing proposed on top of the wall is not considered to have a significant impact on the designated area. Due to the height and distance of the buildings from the car park boundary wall, the development will not have an adverse impact on the Conservation Area.

Historic Park, Garden and Demesne

Proposal COU 7 of the Ards and Down Area Plan relates to Historic Parks, Gardens and Demesnes. An Historic Park, Garden and Demesne (HPAG) of special historic interest is designated at Portaferry House and covers an extremely extensive area, also incorporating this proposal site and the original Exploris building.

Policy BH 6 of PPS 6 states that the Planning Authority will not normally permit development which would lead to the loss of, or cause harm to, the character, principal components or setting of parks, gardens and demesnes of special historic interest. Where planning permission is granted this will normally be conditional on the recording of any features of interest which will be lost before development commences.

Notes contained within the Heritage Gardens Inventory states the following: Demesne for house from late 18th-c in splendid position overlooking lawns, lake and parkland to . Mature trees. Ornamental areas being reclaimed. Folly tower for vistas. Two artificial lakes. Game keeper‘s lodge. Three gate lodges. W/gdn. Ards Borough Council. Public access. Demesne private.

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The pond beside Exploris is not one of the lakes referred to. It is not considered that this development proposal will cause harm to the HPAG as designated.

PPS 8: Open Space, Sport and Outdoor Recreation

Policy OS 1 - Protection of Open Space

The Council 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 site is zoned as existing amenity open space and recreation along with the rest of the Exploris complex. The redevelopment of the site for otters and penguins in association with Exploris retains the recreational nature of the use and therefore is not considered to result in a loss of open space.

8. Consideration of Representations

No representations received. 9. Conclusion

All material considerations have been assessed and the proposal in my professional planning judgement, will not cause demonstrable harm to interests of acknowledged importance and therefore approval is recommended.

10. Recommendation

Grant Planning Permission

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11. Conditions

1. As required by Section 61 of the Planning Act (Northern Ireland) 2011, the development hereby permitted shall be begun before the expiration of 5 years from the date of this permission.

Reason: Time Limit.

2. Prior to works commencing on site, all existing trees shown on Drawing No. 03 date stamped 7 June 2019 shall be protected by appropriate fencing in accordance with British Standard 5837:2012 Trees in relation to design, demolition and construction – Recommendations. No retained tree shall be cut down, uprooted or destroyed, or have its roots damaged within the crown spread nor shall arboricultural work or tree surgery take place on any retained tree other than in accordance with the approved plans and particulars, without the written approval of the Council.

Reason: To protect the biodiversity value of the site, including protected species

3. All hard and soft landscape works shall be carried out in accordance with the approved plan Drawing No. 03 date stamped 7 June 2019 and the appropriate British Standard or other recognised Codes of Practise. The works shall be carried out prior to occupation of the last dwelling unit hereby approved.

Reason: To ensure the provision, establishment and maintenance of a high standard of landscape.

4. If within a period of 5 years from the date of the planting of any tree, shrub or hedge, that tree, shrub or hedge is removed, uprooted or destroyed or dies, or becomes in the opinion of the Council, seriously damaged or defective, another tree, shrub or hedge of the same species and size as that originally planted shall be planted at the same place unless the Council gives its written consent to any variation.

Reason: To ensure the provision, establishment and maintenance of a high standard of landscaping.

5. If any retained planting is removed, uprooted or destroyed or dies, another tree or trees shall be planted at the same place and those trees shall be of such size and species and shall be planted within the next available planting season.

Reason: To ensure the continuity of amenity afforded by existing planting.

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6. The secondary (inner fence) to car park elevation (east) and north penguin enclosure boundary shall be coated welded wire mesh in muted tone and rainwater goods shall be steel/coated metal.

Reason: to ensure the use of sympathetic materials in the setting of a listed building.

Informatives

1. This Notice relates solely to a planning decision and does not purport to convey any other approval or consent which may be required under the Building Regulations or any other statutory purpose.

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Site plan and contextual elevations

Building elevations

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Photos of site

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ITEM 4.5 Ards and North Down Borough Council

Application Ref LA06/2019/ 0493/F

The application seeks full planning permission for One 32' x 10' Proposal (9.7m x 3m) customized container to provide storage and meeting place/workshop for Portavogie Coastal Rowing Club

Land Approximately 30m South of 27 Springfield Road (Anchor Car Park) Portavogie Location

DEA: Ards Peninsula

Committee Application relating to land in which the Council has an estate Interest

Validated 10/05/2019

• Application by Portavogie Rowing Club for small boat store/meeting place/workshop • To be located on the site of an existing car park in close proximity to the coast • Already an existing council-owned container on the site (storage of sandbags) as well as a toilet block and a number of bottle and clothes banks • Will not have a significant impact with regard to minor loss of parking • Will not have a significant visual impact considering Summary nature of site and what currently exists in the car park already • Meets Policies OS3 and OS6 of PPS8 – Open Space, Sport and Outdoor Recreation • 7 letters of objection received from 3 different addresses in respect of this application mostly raising concerns about anti-social behaviour and traffic and parking issues • Complies with Policies CTY13 and CTY14 of PPS21 – Sustainable Development in the Countryside • All consultees content

Recommendation Approval

Attachment Item 4.5a – Case Officer Report

Development Management Case Officer Report

Application Ref: LA06/2019/0493/F DEA: Ards Peninsula Proposal: One 32' x 10' (9.7m x 3m) customized container to provide storage and meeting place/workshop

Location: Approximately 30m South of 27 Springfield Road (Anchor Car Park), Portavogie BT22 1EP

Applicant: Portavogie Coastal Agent: N/A Rowing Club

Date Valid: 10/05/2019 Env Statement Requested: No

Date last Advertised: 13/06/2019

Date last Neighbour Notified: 07/06/2019

Consultations: Yes Representations: Yes Letters of Support 0 Letters of 7no.letters from Petitions 0 Objection 3no.separate addresses Summary of Main Issues: • Conformity with the development plan/principle of development • Potential impacts to the environment, wildlife and biodiversity • Potential impact on visual amenity and the character of the local area • Potential impact on residential amenity Case Officer: Christine Hamilton

Recommendation: Grant Planning Permission

Agreed by Authorised Officer

Full details of this application, including the application forms, relevant drawings, consultation responses, and any representations received, are available to view at the Planning Portal www.planningni.gov.uk using Public Access

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1. Description of Site and Surrounding Area

The site outlined in red comprises of the hardstanding area that makes up Anchor Car Park in Portavogie. The site is accessed off the Springfield Road. The car park provides parking for the use of the adjacent play park, public toilet block, recycling bottle and clothes banks and access to the beach. A container already exists within the site which is owned by the Council and used to store maintenance equipment such as sandbags. The proposed container is to be positioned at the northern end of the car park.

The site lies outside the development limit for Portavogie and is not within any specific designation as per the Ards and Down Area Plan 2015.

2. Site Location Plan

Site location plan

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Ariel photograph showing the site

3. Relevant Planning History

No relevant history within or adjacent to the application site.

4. Planning Policy Framework The relevant planning policy framework for this application is as follows:

• Ards and Down Area Plan 2015 • Strategic Planning Policy Statement for Northern Ireland • Planning Policy Statement 2: Natural Heritage • Planning Policy Statement 3: Access, Movement & Parking • Planning Policy Statement 8 : Open Space, Sport and Outdoor Recreation • Planning Policy Statement 21: Sustainable Development in the Countryside

5. Supplementary Planning Guidance

Relevant supplementary planning guidance is not applicable for this case.

6. Consultations Consultation was carried out with the following statutory and non-statutory consultees and a synopsis of responses is listed Consultee Response DAERA -Marine and Fisheries Division No objections raised DAERA – NED No objections raised DFI Roads No objections raised Environmental Health No objections raised

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7. Consideration and Assessment

Principle of development/compliance with the development plan

Section 45 (1) of the Planning Act (Northern Ireland) 2011 requires regard to be had to the Development Plan, so far as material to the application and to any other material considerations. Section 6(4) states that where regard is to be had to the Development Plan, the determination must be made in accordance with the Area Plan unless material considerations indicate otherwise.

The Ards and Down Area Plan 2015 operates as the local development plan for the area where the site is located. It is located adjacent to but outside the development limit for Portavogie. The site is not subject to any specific designations. The development is considered to be in general conformity with the Plan subject to the specific policies as listed in Section 4 of this report.

The Strategic Planning Policy Statement for Northern Ireland (SPPS)

The SPPS is material to all decisions on individual planning applications. Its guiding principle in determining planning applications is that sustainable development should be permitted having regard to the development plan and all other material considerations, unless the proposed development will cause demonstrable harm to interests of acknowledged importance. The SPPS does not appear to conflict with the policy provisions contained within Planning Policy Statements 2, 3 and 8 and the relevant policies within 21, and therefore the weight of the retained policies is not lessened and the policies as listed are relevant material considerations.

PPS 2 Natural Heritage

Policy NH 2 of PPS 2 states that planning permission will only be granted for a development proposal that is not likely to harm a species protected by law. Policy NH 5 seeks to protect European Protected Species and Priority Habitats. DAERA’s Natural Environment Division (NED) was consulted and refers to advice available to view on DAERA’s website. Marine and Fisheries Division has considered the impacts of the proposal on the designations and based on the information submitted refers to standing advice and informatives. A biodiversity checklist was applied which resulted in advice being sought from the Council’s biodiversity officer who has assessed potential impacts of the proposal against biodiversity and natural heritage issues. Based on the information provided and assurance that the workshop area is of a very small scale and will act as more of a meeting area than actual workshop, the biodiversity officer considers that the proposed development will not have an impact upon biodiversity. Having considered the nature, scale, timing, duration and location of the project it is concluded that, the proposal will not have an adverse effect on site integrity of any European site.

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The potential impact of this proposal has been assessed in accordance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended) and the Wildlife Order (Northern Ireland) Order 1985 (as amended).

PPS 3 Access, Movement and Parking - Roads Safety and Car Parking

The proposal has been assessed against Policy AMP7 of PPS3 Access Movement and Parking. DfI Roads has been consulted and provides no objection to the proposal in terms of road safety. The proposed container will take up a small area of the car park and will leave a sufficient area to remain as a car park. The car park would only ever reach full capacity on rare occasions such as during a community event.

PPS 8 Open Space, Sport and Outdoor Recreation

Policy OS 3 sets out the criteria required for proposals for outdoor recreational use in the countryside. Proposals will be permitted subject to compliance with eight criteria:

• There is no adverse impact on features of importance to nature conservation, archaeology or built heritage The proposed position for the container is adjacent to grassed over, sand dunes and within 50m of the coastline. The Council’s Biodiversity Officer has assessed the potential impacts of the proposal against biodiversity and natural heritage issues and based on the information provided in the planning application and assurance that the workshop area will be more like a meeting point area rather than an actual workshop, it is considered that the proposed container will not have an impact upon biodiversity. The site is not close to or adjacent to any built heritage or known archaeological sites.

• There is no permanent loss of the best and most versatile agricultural land and no unacceptable impact on nearby agricultural activities The proposed container is to be positioned on existing hardstanding. The proposal will not affect any agricultural land or activities.

• There is no adverse impact on visual amenity or the character of the local landscape and the development can be readily absorbed into the landscape by taking advantage of existing vegetation and/or topography. The proposed container is approximately 10m x 3m and will be constructed of corrugated metal, dark green colour. It is considered that given the Council already has a container placed within the car park, the proposed container all- be-it larger in size, will not have an adverse impact on the visual appearance of the area. It will have a backdrop against both the scrub and grass covered sand dunes which will aid integration into the area.

• There is no unacceptable impact on the amenities of people living nearby. The proposed container will be used for the storage of a boat and also as a place for club meetings. It will be positioned within an existing public car park that serves community facilities including recycling bottle and clothes banks, a public

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toilet block and a play park and so there is already a level of activity occurring at the site. The proposed container is to be positioned approximately 30m south of the nearest residential property No.27 Springfield Road. It is not considered that the patrons using the container will cause an unacceptable level of noise and disturbance that would cause a level of disturbance to warrant a refusal. The Council’s Environmental Health Office has been consulted and has not raised any concerns. A number of objections have been received that raise concerns regarding the risk of the proposed container exacerbating the ongoing anti-social behaviour that occurs at the existing recycling bottle banks and council-owned container. The relevant department of the Council has been notified of this complaint and are investigating how they may resolve it. The anti-social behaviour problem cannot be given any determining weight in the assessment of this planning application as it is not linked to the use of the proposal, that is, the proposal itself will not cause noise, nuisance or general disturbance.

• Public safety is not prejudiced, and the development is compatible with other countryside uses in terms of the nature, scale, extent and frequency or timing of the recreational activities proposed. There will be no prejudice to public safety. The proposal for a container to store a boat will have no direct impact on anti-social behaviour in the area and if it does, the relevant authorities such as the PSNI are responsible for resolving the problem. The development is compatible with other countryside uses.

• Any ancillary buildings or structures are designed to a high standard, are of a scale appropriate to the local area and are sympathetic to the surrounding environment in terms of their siting, layout and landscape treatment. As no ancillary buildings are involved in the proposal, this criterion is satisfied.

• The proposed facility takes into account the needs of people with disabilities and is, as far as possible, accessible by means of transport other than the private car. The storage container is to be sited within an existing car park. It should take in the needs of all people including disabled persons and can be accessed via both private and public transport.

• The road network can safely handle the extra vehicular traffic the proposal will generate and satisfactory arrangements are provided for access, parking, drainage and waste disposal. It is considered that the road network can safely handle any additional traffic associated with the proposal. DFI Roads has been consulted and has no concerns.

Policy OS 6 sets out the criteria required for development of facilities ancillary to water sports. Proposals will be permitted subject to compliance with the following criteria:

I. It is compatible with any existing use of the water, including non- recreational uses.

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The proposed container will be used by Portavogie Coastal Rowing Club who presently use this area to access their boat into the sea. The proposed container will provide a storage area for the boat and a meeting point adjacent to the sea, which is essential as the boat is currently stored at a member’s parent’s house some distance from the shore.

II. There is no adverse impact on features of importance to nature conservation, archaeology or built heritage. The Council’s biodiversity officer has assessed potential impacts of the proposal against biodiversity and natural heritage issues and based on the information provided in the planning application and assurance that the workshop area marked is merely a meeting point, it is considered that the proposed development will not have an impact upon biodiversity. There are no features of archaeological or built heritage near to the site.

III. There is no adverse impact on visual amenity or the character of the local landscape. As discussed previously in the report, the character of the area would not be significantly altered and the visual impact is considered to be acceptable.

IV. It will not result in water pollution or an unacceptable level of noise or disturbance. It will not result in water pollution or an unacceptable level of noise or disturbance.

V. Buildings or structures are designed to a high standard, are of a scale appropriate to the local area or townscape and are sympathetic to the surrounding environment in terms of their siting, layout and landscape treatment. The container is considered to be of an acceptable scale and will benefit from the backdrop of an area of scrub and grass covered sand dunes to aid integration into the area.

VI. The proposed facility takes into account the needs of people with disabilities. There will still be ample space left in the car park for the parking of vehicles for persons with disabilities.

VII. There is no conflict with the provisions of any management plan. There is no management plan for this area.

PPS 21 Sustainable Development in the Countryside

The application is initially considered against PPS21 CTY1 where it is identified that outdoor recreational uses may be considered against the relevant outdoor recreational policy PPS 8 as discussed above.

PPS 21 CTY 13 makes provision for proposals to be visually integrated into the surrounding landscape and is of an appropriate design. As discussed previously in this report, the proposed container will not have a detrimental impact on the character of

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the area. It is not considered to be prominent as it will benefit from a backdrop of the area of scrub and grass covered sand dunes. The proposal will integrate into the surrounding area and is of an appropriate design.

PPS 21 CTY 14 states that planning permission will be granted for a building in the countryside where it does not cause a detrimental change to or erode the rural character of the area. The site is located immediately adjacent to but outside the development limit boundary for Portavogie and would appear to be within an urban context rather than a rural one. There are residential properties to the north, south and west of the site with the coastline to the east. The proposed container will be positioned within an existing car park and area of hardstanding that has a number of structures on site including a toilet block. It is not considered that the proposed container will have an unfavourable impact on the character of the area.

8. Consideration of Representations

7no.letters of objection have been received in relation to this application, however 5no.letters are from separate addresses and 4no.have used a template for an objection letter. Consequently, in line with the Scheme of Delegation, a total of 3no.objections only count towards this application.

I have read the contents of all the correspondence and can summarise the main points as follows:

1. Incorrect measurements. The measurements shown from the boundary of the nearest property are incorrect. The container would be a maximum of 18m from the fence. The car park is calculated to be approximately 20m from the boundary fence with No.27 and approximately 27-30m to where the container is to be positioned. The Council is content that the plans are accurate.

2. Anti-social behaviour. The proposal would increase the anti-social behaviour at this location. This issue has been discussed in this report under the assessment against PPS8. Due to the nature of the proposal, it is highly unlikely to generate further anti-social behaviour in the area and on this basis the issue of anti-social behaviour cannot be given any determining weight in the assessment of this planning application. The issue has been reported to the relevant department of the Council for further investigation.

3. Increase in traffic on the Springfield Road. Residents have requested speed humps adjacent to the play park but this has been ignored. DFI Roads has been consulted regarding the proposed container and has not raised any concerns and due to the nature of the proposal it is unlikely to cause a significant in traffic.

4. Reduce the amount of car parking. The proposed container will reduce the amount of parking available for families with disabled children. It will reduce the amount of car parking particularly during community events held on the beach.

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The car park should be used to attract tourist, community groups and day trippers, not alienate them by turning the car park into a container park. It is considered that there will be sufficient space remaining within the car park for the parking of vehicles carrying disabled persons. On the occasions when a community event is being held at this location and the car park has been filled, visitors will have to avail of parking in and around the area. This is the case in many towns and villages when an event is taking place.

5. Not appropriate to have a storage facility / commercial activity adjacent to a children’s play area. Other areas within Portavogie where such an intrusive obstacle should be erected without offence to residents. It is an eyesore. The change of use from a play area and local recycling point to a commercial style property should be refused. The proposed container will be used by a private rowing club to store their boat and have club meetings. It will not be used for commercial activities. It is considered that the container will not be an eyesore and due to the dark green colour will blend with the backdrop of grass covered sand dunes and planting. The container will be positioned on the tarmac within the car park and it is considered that there would be little conflict between the adjacent land use of the play park and this storage facility.

9. Conclusion

The proposal has been considered having regard to all material considerations, including the statutory development plan and planning policy, comments received from statutory bodies, and third party representations.

It is the planning judgement that the proposal will cause no detriment to the character of the site and wider area and is a compatible land use for this location. The impact on neighbouring properties has been assessed in detail and it is considered that the proposal will not result in any unacceptable adverse impact on existing residential amenity. Adequate car parking will remain within the car park and DfI Roads has provided no objection in terms of road safety or traffic progression. The proposal is not likely to have a significant effect on European designated sites, or cause harm to species protected by law. Having weighed all material considerations it is recommended that this application proceeds by way of an approval of planning permission.

10. Recommendation

Grant Planning Permission

11. Conditions

1. The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission.

Reason: As required by Section 61 of the Planning Act (Northern Ireland) 2011.

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2. Should the use of the container hereby approved cease, the container coloured green on Drawing No.1 bearing the date stamp 30 April 2019, shall be removed within 6 months from the day it was last used and the site restored to its original condition.

Reason: To preserve the amenity of the area.

3. Following a period of five years from the date of this permission, the building coloured green on Drawing No.1 bearing the date stamp 30 April 2019, shall be removed and the site restored to its original condition.

Reason: To preserve the amenity of the area.

Informative

This Notice relates solely to a planning decision and does not purport to convey any other approval or consent which may be required under the Building Regulations or any other statutory purpose.

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Photograph showing the proposed location for the container

Photograph showing the proposed location for the container

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Proposed plans and elevations

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ITEM 4.6 Ards and North Down Borough Council

Application Ref LA06/2019/0738/F

The application seeks full planning permission for detailed Proposal development of the sensory garden, wheel park, bike track and play park.

Dairy Hall Playing Fields, John Street, Newtownards Location DEA: Newtownards

Committee Application relating to land in which the Council has an estate Interest

Validated 05/07/2018

• The principle of development was established for the overall application for the leisure centre but as the project developed it required more detail, hence this application • Application was held up as a result of a Rivers issue with regard to Policy FLD5 PPS15. DFI Rivers carried out an assessment for an uncontrolled release of water due to proximity to two impoundments and concluded that the majority of the site is very low hazard and remainder is Summary second lowest hazard rating. • Proposal complies with PPS8 – Open Space, Sport and Outdoor Recreation - Policy OS4 for Intensive sports facilities and will not cause any impact on the amenity of nearby residents • Complies with PPS2 – Natural Heritage • All consultees content • No representations received

Recommendation Approval

Attachment Item 4.6a – Case Officer Report

Development Management Case Officer Report

Application Ref: LA06/2018/0738/F DEA: Newtownards Proposal: Retrospective permission is sought for the development of the sensory garden, wheel park, bike track and play park at the new Ards Blair Mayne Wellbeing and Leisure Centre in Newtownards.

Location: Dairy Hall Playing Fields, John Street, Newtownards

Applicant: Ards and North Down Agent: McAdam Design Borough Council

Date Valid: 05/07/2018 Env Statement Requested: No

Date last Advertised: 10/10/2019

Date last Neighbour Notified: 26/09/2019

Consultations: Yes

Representations: No

Letters of Support 0 Letters of Objection 0 Petitions 0

Summary of Main Issues:

• The principle of development • Residential amenity • Protected species • The adjacent canal and hydrological links to Strangford Lough • Flood risk

Case Officer: Christine Hamilton

Recommendation: Grant Planning Permission

Agreed by Authorised Officer

Full details of this application, including the application forms, relevant drawings, consultation responses and any representations received are available to view at the Planning Portal www.planningni.gov.uk using Public Access

1 1. Description of Site and Surrounding Area

The proposal is located within the site of the new leisure centre complex at Dairy Hall Playing Fields, John Street in Newtownards. The pump track, skate park, play park and sensory garden have been constructed and are in operation. The pump track is in the southern end of the leisure centre site with the other facilities being positioned along the western boundary of the site. A line of mature trees lies immediately adjacent to the pump track on the southern boundary with a canal running beyond. Residential properties lie on the far side of the canal on South Street, South Street Mews, Scrabo View Terrace, Race View Terrace, Rugby Gardens and Moray Crescent. To the east of the pump track on South Street there is a building owned by the Council and currently used as a practice music hall. Regent House School lies to the west of the pump track.

The site is located within the development limit of Newtownards as per the Ards and Down Area Plan 2015. A canal runs along the southern boundary of the site and is hydrologically linked to Strangford Lough which has specific designations including Marine Nature Reserve (MNR), Area of Special Scientific Interest, Special Protection Area, Special Areas of Conservation and Ramsar site.

2. Site Location Plan

2 3. Relevant Planning History

This is an application for external facilities within the site of the new leisure centre at Dairy Hall Playing Fields, John Street in Newtownards. The proposal consists of a sensory garden, wheel park, bike track and play park.

Outline planning permission was granted for the leisure centre on 17.12.2012 under Ref X/2010/0330/O and the Reserved Matters was approved on 22.10.2015 under Ref X/2015/0156/RM.

The site plan approved as part of the reserved matters shows indicative areas for the pump track, skate park and play park however no specific details were included for the facilities.

A Non Material Change for amendments to the leisure centre was granted on 23.09.2016 under Ref LA06/2016/0536/NMC which related to amendment of the parking layout following discussion with PSNI, inclusion of more family parking in lieu of single car parking spaces, and general amendments to windows, doors, louvres, roof lights and roof details.

4. Planning Policy Framework The relevant planning policy framework for this application is as follows:

• Ards & Down Area Plan 2015 • Strategic Planning Policy Statement for Northern Ireland • Planning Policy Statement 2: Natural Heritage • Planning Policy Statement 8: Open Space, Sport & Outdoor Recreation • Planning Policy Statement 15: Revised – Planning and Flood Risk

5. Supplementary Planning Guidance There is no relevant guidance applicable.

6. Consultations Consultation was carried out with the following statutory and non-statutory consultees and a synopsis of responses is listed Consultee Response EHO No objection subject to the inclusion of a condition Rivers Agency Following an assessment based on the Defra / Environment Agency’s ‘Hazard to People Classification using Hazard Rating’ for an uncontrolled release of water emanating from Kiltonga Nature Reserve Reservoir and Strangford Lough Wildfowlers Pond Reservoir for this site, DFI Rivers finds this site to fall within the two lowest hazard ratings on the scale.

SES No reason to disagree with the findings of the Council’s HRA.

3 7. Consideration and Assessment Principle of development and compliance with the Area Plan and Strategic Planning Policy Statement for Northern Ireland

Ards and Down Area Plan 2015 The site is located within the settlement limit for Newtownards as defined in the Ards and Down Area Plan 2015 and within the site for the new leisure centre complex. The site is located within an area zoned as Existing Amenity Open Space and Recreation in the Plan and as the proposal is to form part of the facilities provided as part of the new leisure complex, it is considered to be in conformity with the Plan.

The Strategic Planning Policy Statement for Northern Ireland 2015 (SPPS) The Strategic Planning Policy Statement for Northern Ireland 2015 (SPPS) does not conflict with the relevant extant policies for this application as it does not introduce a change to nor clarification of those policies.

PPS2 Natural Heritage The planning application was considered in light of the requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc) Regulations (Northern Ireland) 1995 (as amended) by Shared Environmental Service (SES) on behalf of Ards and North Down Borough Council.

The Council has carried out an independent Habitats Regulations Assessment (HRA) and following consideration of the HRA by SES, they accept its logic and have no reason to disagree with its conclusions.

A biodiversity checklist has been completed by WM Associates dated 09/10/2018 and found no further investigations are required. The report includes a section entitled Habitat Regulations Assessment (HRA) and states that the adjacent canal runs 2.1km before its outfall into Strangford Lough beside the Portaferry Road and that the input of harmful substances into the SPA from the canal is the only potential pathway for impacts upon the Strangford Lough. It goes on to state that a survey was carried out earlier in the year for the associated application for floodlighting for the pump track under LA06/2018/0048/F, and although it was not an environmental audit, normal protection measures were observed on site. These included the observance of a 10m buffer along the canal side in which potentially hazardous chemicals were not stored and that continued precautions to avoid inputs into the canal are anticipated.

I am satisfied that this professional independent opinion together with the comments made by SES, are sufficient to ensure that there will be no significant impact caused to European Protected Species and Priority Habitats and is in line with Policies NH 2 and 5 of PPS 2.

The potential impact of this proposal on Special Areas of Conservation, Special Protection Areas and Ramsar sites has been assessed in accordance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended). The proposal would not be likely to have a significant effect on the features, conservation objectives or status of any of these sites.

4 PPS8 Open Space, Sport & Outdoor Recreation

Policy OS 4 – Intensive sports facilities This application is for external facilities within the grounds of the new leisure centre and I am content that the proposed facilities meet this policy. There are no adverse impacts caused to the amenities of people living nearby. The facilities are relatively modest in terms of scale and size. Environmental Health was consulted on the proposal and raised no concerns in terms of unacceptable noise pollution to the nearby residential properties. Public safety is not prejudiced and the proposal is compatible with other nearby uses such as the adjacent sports pitches within Regent House School grounds and is considered to be an acceptable use as part of the new leisure complex. There is no adverse impact on the visual amenity or character of the area as a result of the proposed facilities. They are not easily viewed due to the location to the rear and side of the leisure centre and from the screening from the mature trees from the south.

PPS15 Revised – Planning and Flood Risk

Flood Maps (NI) indicate that the site lies within the defended coastal floodplain and as such PPS 15 Policy FLD1 ‘Defended areas’ applies. The proposal falls within the exceptions test as set out in FLD 1 – Exception (a) as the site falls within an area benefitting from a flood defence and therefore DFI Rivers has reviewed the amended Flood Risk Assessment carried out by WYG Consulting dated May 2019.

DFI Rivers acknowledges that the Council is implementing sufficient mitigation measures to ensure flood risk to the proposed development and elsewhere will be adequately managed. DFI Rivers accepts the applicant’s logic and has no reason to disagree with the conclusions with regards to FLD 1 of PPS15 as set out in the FRA. The Council has confirmed that the leisure centre has a general emergency evacuation plan and should a major incident such as flooding occur, the plan would be activated. The proposal therefore complies with PPS 15 Policy FLD1.

The site is bound to the south and west by a watercourse known as Newtownards Canal. DFI Rivers has stated that in order to be in line with FLD 2 of PPS15, a working strip of an appropriate width is retained to enable riparian landowners to fulfil their statutory obligations and responsibilities. There is a working strip immediately adjacent to the canal. The proposed development is therefore considered to be compliant with Policy FLD 2.

As the proposal does not fall within any of the listed thresholds as set out in FLD 3, a drainage assessment is not required.

Policy FLD 4 involves the artificial modification of watercourses and is not applicable for this proposal.

In terms of FLD 5, an FRA was submitted by WYG Consulting as the site is within the inundation path of Strangford Lough Wildfowlers Pond and Kiltonga Nature Reserve impoundments and FLD 5 therefore applies. The initial step for FLD 5 is for the applicant to demonstrate that the condition, management and maintenance regime of the reservoir is appropriate to provide sufficient assurance regarding reservoir safety so as to enable the development to proceed to the next stage of FLD 5. The FRA states that 5 it does not have the information and nor is DFI Rivers in possession of the necessary information to demonstrate that the condition, management and maintenance regime of the reservoir is appropriate to allow the development to proceed. DFI Rivers has carried out an assessment (based on the Defra / Environment Agency’s Hazard to People Classification using the Hazard rating) for an uncontrolled release of water emanating from Kiltonga Nature Reserve Reservoir and Strangford Lough Wildfowlers Pond Reservoir for this site. DFI Rivers concluded that the majority of the site is classified as ‘very low hazard’ which is the lowest hazard rating on the Defra /EA scale and the remainder of the site is classified within the second lowest hazard rating.

On this basis, it is considered that sufficient assurance regarding reservoir safety has been provided so as to enable the development to proceed and is in line with the requirements of Policy FLD 5.

8. Consideration of Representations

No letters of representation have been received.

9. Conclusion

Following consideration of the relevant plans, policies, consultations and other material considerations, it is contended that there will be no detrimental impacts caused to residential amenity, public safety, protected species, hydrological links to Strangford Lough or flood risk and on this basis, I consider the proposal to be acceptable.

10. Recommendation

Grant Planning Permission

11. Conditions

1. Planning permission is hereby granted under Section 55 of the Planning Act (NI) 2011 and has effect from the date on which the development was carried out.

Reason: Retrospective application

6 Photograph of the site

Aerial photograph showing the application site

Drawings

Site layout plan

Pump track plan

Plan showing the layout for the sensory garden

Plan showing the Adventure play area

Plan showing the skate park area ITEM 4.7 Ards and North Down Borough Council

Application Ref LA06/2019/0570/F Upgrading to the existing path and loop walk, installation of a 1.5m weld-mesh fence, step construction. Upgrading and installation of a waterbound gravel path, new drainage Proposal underneath path, installation of 1.2m estate fencing and seating. Repairs to existing stone wall, removal of low-level vegetation and all associated site works.

Walking trail within Nugent's Wood adjacent to the Lough Shore Road Portaferry (from 16 The Strand to 1 Lough Shore Location Road, Portaferry)

DEA: Ards Peninsula

Committee Application where the application is made by the Council Interest

Validated 12/06/2018

• Site is owned by the National Trust • Site is outside the settlement limit and within an Area of Outstanding Natural Beauty and partially within the Conservation Area and Portaferry House Demesne • Both Historic Buildings Unit and Historic Monuments Unit content with the proposal • Natural Environmental Division content with the proposal Summary subject to conditions to safeguard protected species • Complies with PPS2 – Natural Heritage • Complies with PPS6 – Planning, Archaeology and the Built Heritage • Complies with PPS8 – Open Space, Sport and Outdoor Recreation – Policy OS3 for outdoor recreational use in the countryside • No objections received

Recommendation Approval

Attachment Item 4.7a – Case Officer Report

Development Management Case Officer Report

Application Ref: LA06/2019/0570/F DEA: Ards Peninsula

Proposal: Upgrading to the existing path and loop walk, installation of a 1.5m weld- mesh fence, step construction. Upgrading and installation of a waterbound gravel path, new drainage underneath path, installation of 1.2m estate fencing and seating. Repairs to existing stone wall, removal of low level vegetation and all associated site works.

Location: Walking trail within Nugent's Wood adjacent to the Lough Shore Road, Portaferry BT22 1PD (from 16 The Strand to 1 Lough Shore Road, Portaferry) Applicant: Ards And North Down Agent: AECOM Planning Borough Council

Date Valid: 12/06/2018 Env Statement Requested: No

Date last Advertised: 04/07/2018

Date last Neighbour Notified: 21/06/2019

Consultations: Yes

Representations: No

Letters of Support 0 Letters of Objection 0 Petitions 0

Summary of Main Issues:

• Principle of the proposed use • Impact on biodiversity and protected species • Impact of the development on the character and appearance of the surrounding area

Case Officer: Christine Hamilton

Recommendation: Grant Planning Permission

Agreed by Authorised Officer

Full details of this application, including the application forms, relevant drawings, consultation responses and any representations received are available to view at the Planning Portal www.planningni.gov.uk using Public Access

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1. Description of Site and Surrounding Area

The site consists of a mature, well-established woodland which runs in a narrow strip along the shoreline of Strangford Lough to the west of Portaferry. The site is owned by the National Trust and is open to the public for walking and other informal recreational uses. The route exists as a grass path with no form of hardstanding or gravel.

The site is located outside the settlement limit of Portaferry and is within Strangford and Lecale AONB as per the Ards and Down Area Plan 2015. Part of the site also lies within Portaferry Conservation Area and also within Portaferry House demesne.

2. Site Location Plan

3. Relevant Planning History There is no relevant history relating to this application.

4. Planning Policy Framework The relevant planning policy framework for this application is as follows:

• Ards & Down Area Plan 2015 • Strategic Planning Policy Statement for Northern Ireland • Planning Policy Statement 2: Natural Heritage • Planning Policy Statement 6: Planning, Archaeology & the Built Heritage • Planning Policy Statement 8: Open Space, Sport and Outdoor Recreation • Planning Policy Statement 21: Sustainable Development in the Countryside

5. Supplementary Planning Guidance There is no relevant supplementary guidance.

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6. Consultations Consultation was carried out with the following statutory and non-statutory consultees and a synopsis of responses is listed Consultee Response HED Historic Buildings Content HED Historic Monuments Content DAERA Natural Environment Division (NED) Content

7. Consideration and Assessment

Ards and Down Area Plan 2015

Section 6(4) of the Planning Act 2011 states that determination under this Act must be made in accordance with the plan, unless material considerations dictate otherwise. The site described above is in the countryside as designated in the Ards and Down Area Plan 2015. The site is within the Strangford and Lecale Area of Outstanding Natural Beauty, and additionally is located within Portaferry House which is a designated landscape on the Department’s Register of Historic Parks, Gardens and Demesnes of Special Historic Interest. Following consultation with the relevant statutory consultees, it is considered that the proposed development will not have any adverse impacts on the designated areas within the Plan.

Strategic Planning Policy Statement for Northern Ireland

The Strategic Planning Policy Statement for Northern Ireland (SPPS) is material to all decisions on individual planning applications. Its guiding principle for planning authorities in determining planning applications is that sustainable development should be permitted having regard to the development plan and all other material considerations, unless the proposed development will cause demonstrable harm to interests of acknowledged importance. The SPPS does not appear to conflict with the policy provisions contained within Planning Policy Statements 2, 6 and 8 and the relevant policies within 21, and therefore the weight of the retained policies is not lessened and the policies as listed are relevant material considerations.

PPS 2 Natural Heritage

Policy NH 2 of PPS 2 states that planning permission will only be granted for a development proposal that is not likely to harm a species protected by law. Policy NH 5 of PPS 2 seeks to protect European Protected Species and Priority Habitats. It is considered that there will be no significant impact caused to protected species as a direct result of the proposed development. Following consideration of a Bat and Badger Survey Report and a Biodiversity Statement, DAERA’s Natural Environment Division (NED) has no concerns with the proposal subject to inclusion of conditions to safeguard protected species. Marine and Fisheries Division has considered the impacts of the proposal on the designations and on the basis of the information provided has no objections.

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Policy NH 6 of PPS 2 states that planning permission for new development within an Area of Outstanding Natural Beauty will only be granted where it is of an appropriate design, size and scale for the locality.

I am satisfied that the proposed path on this site is sited and designed in a sympathetic manner to protect the special character of the Area of Outstanding Natural Beauty and of the locality.

The potential impact of this proposal on Special Areas of Conservation, Special Protection Areas and Ramsar sites has been assessed in accordance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended). The proposal would not be likely to have a significant effect on the features, conservation objectives or status of any of these sites.

PPS 6 Planning, Archaeology and Built Heritage

Policy BH 6 relates to the protection of Historic Parks, Gardens and Demesnes. In this case the site is located within the Strangford and Lecale Area of Outstanding Natural Beauty, whilst additionally is located within ‘Portaferry House’ which is a designated landscape on the Department’s Register of Historic Parks, Gardens and Demesnes of Special Historic Interest. HED Historic Monuments has assessed the proposal and is content that the scheme respects the setting and character of the designated landscape. The tree protection measures are welcomed and the sympathetic design of the scheme.

Policy BH 11 of PPS6 sets out the criteria required for development affecting the setting of a listed building. The proposed path is in close proximity to listed buildings at 15-16 The Strand, Portaferry, which are of special architectural and historic importance, protected by Section 80 of the Planning Act (NI) 2011. Historic Buildings was consulted and is satisfied that the proposal satisfies policy BH 11 of PPS6 and paragraph 6.13 of the SPPS.

Policy BH 12 sets out the criteria required for new development in a conservation area. Approximately 75metres of the proposed path which runs along the front of No.1a Shore Road, lies within the designated Portaferry Conservation Area. The proposal respects the character and appearance of the conservation area and will not affect important views in and out of the area.

Area of Archaeological Potential (APP) – The Area Plan designates an AAP in Portaferry – an area which reflects the area of medieval and post medieval settlement around a long used natural harbour where, on the basis of current knowledge, it is likely that archaeological remains will be encountered in the course of development. Given the nature of this proposal to upgrade the existing path structure, it is not considered that there will be any impact to historical remains.

PPS 8 Open Space, Sport and Outdoor Recreation

PPS 8 Policy OS3 sets out the criteria required for proposals for outdoor recreational use in the countryside. Proposals will be permitted subject to compliance with the following criteria:

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• there is no adverse impact on features of importance to nature conservation, archaeology or built heritage; • there is no permanent loss of the best and most versatile agricultural land and no unacceptable impact on nearby agricultural activities; • there is no adverse impact on visual amenity or the character of the local landscape and the development can be readily absorbed into the landscape by taking advantage of existing vegetation and/or topography; • there is no unacceptable impact on the amenities of people living nearby; • public safety is not prejudiced and the development is compatible with other countryside uses in terms of the nature, scale, extent and frequency or timing of the recreational activities proposed; • any ancillary buildings or structures are designed to a high standard, are of a scale appropriate to the local area and are sympathetic to the surrounding environment in terms of their siting, layout and landscape treatment; • the proposed facility takes into account the needs of people with disabilities and is, as far as possible, accessible by means of transport other than the private car; and • the road network can safely handle the extra vehicular traffic the proposal will generate and satisfactory arrangements are provided for access, parking, drainage and waste disposal.

The proposal is for an upgrade to the existing path and loop walk with the introduction of a 1.5m weld-mesh fence and step construction. It also involves new drainage underneath the path, installation of 1.2m estate fencing, seating, repairs to existing stone wall, removal of low-level vegetation and all associated site works. The proposal will result in a more accessible environment through provision of an upgraded walking trail making it more user-friendly for both the local community and tourists. Following consideration of the criteria set out in OS 3, I am satisfied that the proposal meets the requirements of this policy and will provide an upgrade to an existing area of woodland whilst ensuring there is no detrimental impact to the environment.

PPS 21 Sustainable Development in the Countryside

The application is initially considered against PPS21 CTY1 where it is identified that outdoor recreational uses may be considered against the relevant outdoor recreational policy PPS 8 which has been considered above.

8. Consideration of Representations

No representations were received.

9. Conclusion

All material planning considerations have been assessed fully, comments from DEARA’s NED and HED Historic Buildings and Historic Monuments were considered and no representations have been received.

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I am satisfied that the proposal complies with the relevant policies and guidance with no adverse impacts caused to the environment. On this basis, it is my professional planning judgement that planning permission should be granted.

10. Recommendation

Grant Planning Permission

11. Conditions & Informatives

Conditions

1. The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission.

Reason: As required by Section 61 of the Planning Act (Northern Ireland) 2011.

2. No development activity, including ground preparation or vegetation clearance, shall take place until a Protected Species Management Plan (PSMP) has been submitted to and approved in writing by the Planning Authority. The approved PSMP shall be implemented in accordance with the approved details and all works on site shall conform to the approved PSMP, unless otherwise agreed in writing by the Planning Authority. The PSMP shall include the following:

a. Details of updated bat, badger and red squirrel surveys prior to any works commencing; b. Details of the provision of alternative roosting locations for bats, including the number, model, specifications and location (including height and aspect) of bat boxes; c. Details of the timing of works; d. Mitigation measures for any badger setts within 25m of any works or felling operations; e. Mitigation measures for red squirrels including the halting of any works or tree felling should any squirrel dreys be found, until a mitigation strategy has been approved by NIEA; f. Details of the appointment of a suitably qualified and experienced ecologist to oversee all works and the implementation of mitigation measures.

Reason: To mitigate for impacts on protected species using the site.

Informative

1. HED has advised that given the nature of this proposal to upgrade the existing path structure, it is not considered that there will be any impact to historical remains. Should any archaeological remains be found during the course of development HED should be contacted

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Arial photograph to show the application site

Photographs to show examples of some of the proposed elements

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ITEM 4.8 Ards and North Down Borough Council

Application Ref LA06/2019/0866/F The application seeks full planning permission for demolition of existing enclosed yard / boiler house and construction of single storey side extension. Removal of storage container to rear and Proposal construction of single storey store to rear. Single storey extension to front to provide new entrance and additional internal space. CCTV column to front of site.

Ballygowan Village Hall, Belfast Road, Ballygowan Location DEA:

Committee Application where the application is made by the Council Interest

Validated 04/09/2019

• The site is within the settlement limit of Ballygowan • The site is designated as land for existing amenity open space and recreation within the Ards and Down Area Plan 2015 • Appropriate scale, massing and design for host building and for character of area Summary • The proposal will visually improve the existing building • There will be no impact on residential amenity • Complies with Policy OS1 of PPS8 – Open Space, Sport and Outdoor Recreation • Will provide community benefit to the area • No objections were received from the public • It was not deemed necessary to carry out any consultations

Recommendation Approval

Attachment Item 4.8a – Case Officer Report

Development Management Case Officer Report

Application Ref: LA06/2019/0866/F DEA: Comber Proposal: Demolition of existing enclosed yard / boiler house and construction of single storey side extension. Removal of storage container to rear and construction of single storey store to rear. Single storey extension to front to provide new entrance and additional internal space. CCTV column to front of site.

Location: Ballygowan Village Hall, Belfast Road, Ballygowan

Applicant: Ards and North Down Agent: Ards and North Down Borough Borough Council Council

Date Valid: 04/09/2019 Env Statement Requested: no

Date last Advertised: 19/09/2019

Date last Neighbour Notified: 04/10/2019

Consultations: No

Representations: No

Letters of Support 0 Letters of Objection 0 Petitions 0

Summary of Main Issues:

• Principle of development • Design and Appearance • Impact on privacy or amenity of neighbouring properties • Impact on the character and appearance of the rural area • Biodiversity

Case Officer: Michael Creighton

Recommendation: Grant Planning Permission

Agreed by Authorised Officer

Full details of this application, including the application forms, relevant drawings, consultation responses and any representations received are available to view at the Planning Portal www.planningni.gov.uk using Public Access

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1. Description of Site and Surrounding Area

The site is located at the Belfast Road in Ballygowan. The site is generally flat and comprises of the Ballygowan village hall building, car parking, a children’s playground and an area of grass. The site is a rectangular shape with housing to the south and west. The Belfast Road is to the east with vehicular access to the site off the road. The site is within the centre of Ballygowan with rows of shops on the opposite side of the Belfast Road.

The site is shown as existing amenity open space and recreation within the Ards and Down Area Plan 2015. The site is also within the settlement limit of Ballygowan.

2. Site Location Plan

3. Relevant Planning History

X/2006/1239/F - Ballygowan Village Hall, 18 Belfast Road, Ballygowan, BT23 6HX - Proposed store – Approval - 15.02.2007

There is no evidence from the planning history of the site which would restrict any development. 2 | P a g e

4. Planning Policy Framework The relevant planning policy framework for this application is as follows:

• Ards & Down Area Plan 2015 • Strategic Planning Policy Statement for Northern Ireland • Planning Policy Statement 2: Natural Heritage • Planning Policy Statement 8: Open Space, Sport and Outdoor Recreation

5. Supplementary Planning Guidance Relevant supplementary planning guidance for this application is as follows: n/a

6. Consultations There were no consultations carried out.

7. Consideration and Assessment

Ards and Down Area Plan 2015 Decisions must be taken in accordance with the provisions of the Local Development Plan unless material considerations indicate otherwise. The Ards and Down Area Plan 2015 sets out the land use proposals that will be used to guide development within the area. It contains no material policies for the type of development proposed.

The site is located inside the Settlement Limit of Ballygowan as designated within the Ards and Down Area Plan 2015. The site is shown as existing amenity open space and recreation within the Ards and Down Area Plan 2015.

SPPS Under the SPPS, the guiding principle for planning authorities in determining planning applications is that sustainable development should be permitted, having regard to the development plan and all other material considerations, unless the proposed development will cause demonstrable harm to interests of acknowledged importance. Any conflict between the SPPS and any policy retained under the transitional arrangements must be resolved in favour of the provisions of the SPPS.

There are no environmental, architectural or archaeological designations relating to the site. The proposal is in general conformity with the plan, subject to the relevant policy considerations below.

Within this context PPS2 and PPS8 are retained and are of relevance to this assessment.

The proposed development includes three extensions to the existing and well- established village hall in Ballygowan and including a CCTV column to the front of the site.

The extension to the side / rear is to be 5.9m high, 3.6m wide and 9.6m long. 3 | P a g e

The extension to the rear is to be 3.7m high, 6.85m long and 4m wide. The extension to the front is to be 1.6m long, 3.9m high and 11m wide. The extensions are to be all finished in render and roof slates which will match the original materials. There will be a feature wall of black corrugated sheet cladding on the south-east gable. The CCTV column is to be 5m high and constructed in galvanised metal, it will face north-west towards the village hall.

Planning Policy Statement 2: Natural Heritage

PPS2 sets out the planning policies for the conservation, protection and enhancement of our natural heritage. In safeguarding Biodiversity and Protected Habitats, the Council recognises its role in enhancing and conserving our natural heritage and should ensure that appropriate weight is attached to designated sites of international, national and local importance, priority and protected species and to biodiversity and geological interests with the wider environment.

I have used the NIEA Biodiversity Checklist which did not identify any scenario which may require further surveys. I therefore consider the risk to designated site/priority habitat, and protected/priority species, to be low. The proposal under consideration will therefore not prejudice the Council’s objectives and responsibilities in relation to the natural heritage.

The potential impact of this proposal has been assessed in accordance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended) and the Wildlife Order (Northern Ireland) Order 1985 (as amended). The proposal would not be likely to have a significant effect on the features, conservation objectives or status of any of these sites.

Planning Policy Statement 8: Open Space, Sport and Outdoor Recreation Policy OS 1 Protection of Open Space The Council 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. An exception will be permitted where it is clearly shown that redevelopment will bring substantial community benefits that decisively outweigh the loss of the open space. An exception will also be permitted where it is demonstrated that the loss of open space will have no significant detrimental impact on the amenity, character or biodiversity of an area and where either of the following circumstances occur: (i) in the case of an area of open space of 2 hectares or less, alternative provision is made by the developer which is at least as accessible to current users and at least equivalent in terms of size, usefulness, attractiveness, safety and quality;

The proposed development is for the demolition of existing enclosed yard / boiler house and construction of single-storey side extension. The removal of a storage container to rear and construction of single-storey store to rear. There is also to be a single-storey

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extension to front to provide new entrance and additional internal space. The proposal also includes a CCTV column to the front of site. While the entire site is included as existing amenity open space and recreation within the Ards and Down Area Plan 2015, the development proposed is largely on land which is unusable for public recreation. The area to the rear of the building is fenced off and used as storage for the building. There is currently a shipping container within the fenced area which is to be replaced by an extension. The extensions proposed are associated with the existing use of the well-established building on site and so not detrimental to the surrounding area. The proposed development is for the extension of an existing community village hall which will provide community benefits to the immediate area.

The extension to the side / rear is the only part of the proposed development which is to be built upon lands not already built upon. This extension includes the loss of 41.25sqm of undeveloped existing amenity open space and recreation. The extension to the rear replaces an existing storage unit and the extension to the front is to be built upon existing hard standing. The proposed development within the site is largely previously developed land and so it is my opinion that there will be no significant loss of existing public open space. It is my opinion that the loss of 41.25sqm of existing amenity open space and recreation land creates community benefits to the immediate area and as the area for development within the site is currently not accessible by the public, in this instance the proposal is acceptable.

Visual Impact

The site has existing trees to the front of the site which interrupt existing views of the building from the road. The existing trees are to be retained and will continue to break up the view of the building within the area. The proposed extensions to the rear and side will only be partially visible when travelling along the Ballygowan Road. There will be short views of the proposed extension and due to the design and finishes of the extension it will not detract from the character of the immediate area. The front extension modernizes a dated building which will improve its appearance within this area of Ballygowan.

Residential Impact

The building and its use are well-established within the site. Its location within the centre of Ballygowan amongst shops and dwellings is imperative for its use as a village hall. The proposed extensions are all single-storey in nature with no first-floor windows proposed which would create overlooking. The design of the extensions are to be incorporated into the existing slopes of the roof of the building and so no overshadowing will not be created. I have considered all nearby dwellings and it is my opinion that there will be no negative impact on the dwellings created by this proposal.

With all things considered it is my professional planning judgement that the proposed development is in accordance with the local area plan and meets the criteria of the relevant policy.

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8. Consideration of Representations

The proposal has been advertised in the local press and the neighbours have been notified as per Section 8 of The Planning (General Development Procedure) Order (Northern Ireland) 2015. No letters of objection have been received.

9. Conclusion

The proposal has been assessed against relevant planning policies and all relevant material considerations. The proposal complies with planning policy. The development proposed is acceptable in design and its location within the approved site and will respect the character of the area. I therefore recommend that planning permission is granted.

10. Recommendation

Grant Planning Permission

11. Conditions

1. The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission.

Reason: As required by Section 61 of the Planning Act (Northern Ireland) 2011.

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Aerial View of site

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Existing front elevation

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Existing south facing side elevation

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Proposed front and rear elevations

Proposed side elevations

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Proposed site layout and floor plan

Existing site layout and floor plan

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Unclassified

ITEM 4.9

Ards and North Down Borough Council

Report Classification Unclassified

Council/Committee Planning Committee

Date of Meeting 05 November 2019

Responsible Director Director of Regeneration, Development and Planning

Responsible Head of Head of Planning Service

Date of Report 17 October 2019

File Reference

Legislation The Planning Act (Northern Ireland) 2011

Section 75 Compliant Yes ☒ No ☐ Other ☐ If other, please add comment below:

Subject Update on Legal Agreement associated with LA06/2018/1388/F - determined at Planning Committee meeting of 1 October 2019

Attachments

Members will recall approval of the following major planning application at the Planning Committee meeting of 1 October 2019:

LA06/2018/1388/F Construction of discount food store, provision of car parking, landscaping and associated site works (relocation of existing supermarket at No. 1 Jubilee Road - supermarket building to be retained but food store use to be extinguished and transferred to the application site)- Additional information/plans received

Undeveloped land bounded by Castlebawn Drive to the East immediately opposite and West of Castlebawn Retail Park, and approximately 120m North of Messines Road (otherwise known as the A20 Southern Relief Road) Newtownards

Following the Planning Committee meeting on 01 October 2019, the Council sought advice in relation to the proposed use of a Discontinuance Order as intended and in particular the issues of compensation as detailed in the Case Officer’s Report. To

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Unclassified that end, the statutory right to apply for compensation extends for a 6-month period from the date the Order becomes effective. Given this period and inability to fetter the statutory right to seek compensation the Council considers that the prospect of waiting 6 months would be unpalatable to the planning applicants in this matter.

Further, an issue has arisen for the Council as the planning authority in that while the Council treats in good faith the submissions of the applicants with regard to commercial arrangements arising, it is considered that a planning agreement is the appropriate mechanism to bind both the existing Lidl site and the proposed Lidl site the subject of the application to ensure that the obligations of closure / requirement to close are enforceable against both the interests held in the existing site and the proposed site. Ultimately the Council has to ensure that the existing site will close and remain closed in perpetuity when the proposed site opens to avoid any harm arising in planning terms.

A legal planning agreement is being drafted and will be finalised with the planning applicants upon approval by Planning Committee.

RECOMMENDATION

It is recommended that Committee grants delegated authority to the Head of Planning to proceed with the legal agreement as discussed within the report.

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Unclassified

ITEM 5

Ards and North Down Borough Council

Report Classification Unclassified

Council/Committee Planning Committee

Date of Meeting 05 November 2019

Responsible Director Director of Regeneration, Development and Planning

Responsible Head of Head of Planning Service

Date of Report 22 October 2019

File Reference

Legislation The Planning Act (Northern Ireland) 2011

Section 75 Compliant Yes ☒ No ☐ Other ☐ If other, please add comment below:

Subject Update on Planning Appeals

Attachments Item 5a - Costs Award application Item 5b - Rebuttal to Costs Award application

Decisions

1. At the date of writing no appeal decisions had been received.

New Appeals Lodged

2. At the date of writing the appeal below had been lodged but was subsequently withdrawn the following day.

Appeal reference: 2019/E0042 Application Reference: LA06/2016/0023/CA Appeal by: Halftown Limited Subject of Appeal: The alleged removal of two trees protected by a Tree preservation Order (TPO) in contravention of Section 122 of the Planning Act (Northern Ireland) 2011 Location: Land at 143 Road, Ballyholme, Bangor

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Unclassified

Costs Award Application

3. In relation to the appeal below in relation to refusal by the Council made at Planning Committee on 5 February 2019, an application has been submitted alongside the appellant’s Statement of Case for an award of costs for unreasonable behaviour by the Council. A copy of the claim and the Council’s rebuttal is attached for information. The appeal is listed for hearing on 24 October 2019.

Appeal reference: 2019/A0024 Application Reference: LA06/2018/0004/O Appeal by: Mr John Burgess Subject of Appeal: Site for dwelling Location: Approximately 25m south of 31a Ballygowan Road, Comber

Details of appeal decisions, new appeals and scheduled hearings can be viewed at www.pacni.gov.uk.

RECOMMENDATION

It is recommended that Council notes this report.

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Unclassified

ITEM 6

Ards and North Down Borough Council

Report Classification Unclassified

Council/Committee Planning

Date of Meeting 05 November 2019

Responsible Director Director of Regeneration, Development and Planning

Responsible Head of Head of Finance Service

Date of Report 22 October 2019

File Reference FIN45

Legislation Section 5 Local Government Finance Act (NI) 2011

Section 75 Compliant Yes ☐ No ☐ Not Applicable ☒

Subject Planning Budgetary Control Report – September 2019

Attachments -

This Planning Budgetary Control Report covers the 6-month period 1 April to 30 September 2019 and is set out in Report 1 on page 2. The net cost of the service is showing an over spend of £24,510 (4.7%) – box A.

A key assumption of the 2019/20 rates setting process was that payroll budgets would be £600k under spent so this was built in to the Council’s 2019/20 budget. This budget is shown separately from Services so is not included in the variance above. The Planning Service’s year to date share of this salary rebasing budget on a pro- rata basis is £18,531 so, if this was included, the adverse variance would increase to £43,041.

Explanation of Variance

The Planning budget performance is further analysed on page 2 into 3 key areas: -

Report Type Variance Box Report 2 Payroll Expenditure £3,126 adverse B Report 3 Non-Payroll Expenditure £22,394 favourable C Report 4 Income £43,778 adverse D

Boxes B, C and D add up to the overall adverse variance (Box A - £24,510).

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Unclassified

This variance can be summarised in the following table: -

Type Variance Comment £’000 Payroll Expenditure 3.1 Non-payroll Expenditure (22.4) A number of small underspends to date.

Planning application income is £74.8k behind budget. Property Planning Income 43.8 Certificate income is £31.0k better than budget. Total 24.5 Box A

REPORT 1 BUDGETARY CONTROL REPORT Period 6 - September 2019 Year to Date Year to Date Variance Annual Variance E Actual Budget Budget O Y £ £ £ £ % £ Planning 330 Planning 551,510 527,000 24,510 1,207,400 4.7 Total 551,510 527,000 A 24,510 1,207,400 4.7

REPORT 2 PAYROLL EXPENDITURE BUDGETARY CONTROL REPORT

£ £ £ £ % £ Planning - Payroll Expenditure

330 Planning 949,926 946,800 3,126 1,895,600 0.3

Total 949,926 946,800 B 3,126 1,895,600 0.3

REPORT 3 NON-PAYROLL EXPENDITURE BUDGETARY CONTROL REPORT

£ £ £ £ % £ Planning - Non-Payroll Expenditure

330 Planning 69,606 92,000 (22,394) 310,300 24.3

Total 69,606 92,000 C (22,394) 310,300 24.3

REPORT 4 INCOME BUDGETARY CONTROL REPORT

£ £ £ £ % £ Planning - Income

330 Planning (468,022) (511,800) 43,778 (998,500) (8.6)

Totals (468,022) (511,800) D 43,778 (998,500) (8.6)

RECOMMENDATION

It is recommended that Council notes this report.

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Unclassified

ITEM 7

Ards and North Down Borough Council

Report Classification Unclassified

Council/Committee Planning Committee

Date of Meeting 05 November 2019

Responsible Director Director of Regeneration, Development and Planning

Responsible Head of Head of Planning Service

Date of Report 15 October 2019

File Reference

Legislation

Section 75 Compliant Yes ☒ No ☐ Other ☐ If other, please add comment below:

Subject Update on NIW's Capital Plan and implications for Planning

Attachments Item 7a - Economic Bloom or Gloom article Item 7b - Capacity Table - Council areas

At the time of reading of this report Dr Stephen Blockwell, Head of Investment Management, and Mr Barry Nay, Head of Strategic Clients, of Northern Ireland Water (NIW) will have attended full council on 23 October 2019 and presented the Infrastructure Investment Proposals – PC21 (for the period 2021-2027) and set out the funding challenges being faced.

Officials will highlight the underinvestment in the sewerage network and capacity issues with waste water treatments works throughout Northern Ireland, and more specifically in relation to Ards and North Down Borough.

The Head of Planning attended, alongside Alderman McDowell and Cllr Stephen Dunne, the Local Government Political Partnership Forum, at NILGA offices on Friday 27th September 2019, as representative of the Heads of Planning. Sara Venning, CEO of NIW, in referring to NIW’s recently published draft Strategy, delivered a presentation which set out financial pressures facing NIW and the

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Unclassified potential economic impact in terms of significant restrictions for new housing/apartments, new hotels, new factories, new office blocks, new schools, new nursing homes etc.

She set out that around 70 Wastewaster Treatment Works with capacity issues were identified in NIW’s investment requirements for the 2015-2021 Price Control Programme. However, as a result of constrained level of funding made available, coupled with further annual funding cuts, NIW is no longer able to accept any new connections to the sewers in over 70 areas across Northern Ireland. Additionally, it is expected that the aforementioned figure of 70 will increase further by the time the next round of funding becomes available in 2021.

Northern Ireland is served by 271 larger WwTWs which serve c90% of the population, of which 99 are at full capacity/nearing capacity, and by 2027 an additional 33 will be in the same situation.

The attached table (Item 7.2) sets out the location of those Wastewater systems at or near their capacity as at August 2019. The extract relevant for Ards and North Down is set out below:

Ballygowan*

Ballywalter (Retention Tank)*

Carrowdore*

Killinchy

Loughries

*WwTW Upgrades / New Works Scheduled for PC15 Delivery within NI Water’s current Business Plan period (2015/16 to 2020/21).

In addition to the wastewater treatment works (WwTW), sewer network modelling is identifying wastewater network capacity issues in Bangor, Newtownards, , Cotton, Kinnegar, Kircubbin, Donaghadee, . As a result new connections are being declined in parts of the catchment.

Obviously, this has fundamental implications for the Council in terms of achieving the ITRDS, Belfast Region City Deal aspirations and any growth strategies set out in the Local Development Plan.

As members will be aware, the Council published it Preferred Options Paper in March 2019 which set out a proposed Growth Strategy which will seek to, inter alia:

‘Guide the majority of development, including local housing and employment opportunities, to locations within those large towns that have the capacity to

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Unclassified accommodate new development that can be well integrated with existing infrastructure, and which serve as accessible centres within the larger rural hinterland.’

The issue facing the Borough at present is that current housing zonings/approved developments may be unable to achieve connections to the existing sewer infrastructure. This is before any future growth is further examined through the current Local Development Plan process.

It is also notable that NIW submitted a representation to Belfast City Council in response to publication of its Draft Plan Strategy. This set out NIW’s position that the Plan was fundamentally unsound and that it was essential that growth was agreed with DfI to enable NI Water (via LWWP) to correctly assess the capacity requirements of new assets to support Belfast City’s growth and protect the receiving aquatic environment from further deterioration. NIW also criticised the draft Plan Strategy for not demonstrating how developers will be required to provide necessary water and sewerage infrastructure through Section 76 agreements or other mechanisms.

NI Water set out that it already has Developer Contributions within its Scheme of Charges. However, it asserts that it is unreasonable to assume developer contributions can be used to address large infrastructure upgrades such as those needed to underpin Belfast City Council’s current growth projection.

NIW is calling on Council support to lobby DFI (its sponsoring body) and Department for Finance to work together to find a solution to the current funding model and to find a solution by examining how other jurisdictions address such issues.

It is considered that the Permanent Secretary in the Department for Infrastructure, who maintains oversight of the planning system in Northern Ireland, should be approached in terms of looking at a regional policy solution to these issues which should investigate potential developer contributions or some form of community infrastructure levy to enable continued investment across the Borough. In addition due to the lack of Ministers that the Secretary of State should also be written to at the same time.

RECOMMENDATION

It is recommended that Council notes the content of this report and approves the Chief Executive writing to the Permanent Secretary and the Secretary of State to seek urgent action in relation to this situation.

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NI Water: Infrastructure for economic boom or gloom

As NI Water prepares its investment requirements for its next Price Control, PC21, (for the period 2021 – 2027), Chief Executive Sara Venning talks to David Whelan about the company’s vital role in Northern Ireland’s growth and how the company’s funding, amidst increasing demands, is now critical.

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1971, there were 1.54 million people, today we have about 1.87 million; an “NI Water is proud to be a vital enabler of increase of 21 per cent or to put it another way, the equivalent of around 10 growth through the essential supply of great additional Ballymenas. Furthermore, in just 20 years’ time, our population is tasting, high quality water and the safe expected to rise to over two million people, 30 per cent more people treatment and return to the environment of compared to 1971.” the wastewater generated.” Venning summarises: “All in all, Northern Ireland has made very significant economic advances and its population has grown accordingly. NI Water is There is no doubt that Northern Ireland to Northern Ireland; The Open at Royal proud to be a vital enabler of growth is a great place to live and work, to visit Portrush is expected to bring over through the essential supply of great and invest in, and over the last number 200,000 visitors to the area during the tasting, high quality water and the safe of decades has made great progress on week. Hotels, guesthouses, pubs, treatment and return to the environment the world’s stage. The quality of our restaurants…they all need not just a of the wastewater generated.” infrastructure is probably the most supply of quality water but also a fundamental enabler of Northern network that takes wastewater away, Climate change is a Ireland’s growth ambitions and all of our treats it and returns it safely to the future wealth. But with many areas of NI environment.” major impact Water’s network already unable to meet Venning stresses the importance of NI Increasing demand from business and demand and restricted levels of Water’s role in enabling all sectors of the population growth is not the only investment, is our water and wastewater economy, especially those sectors where pressure being placed on the network’s infrastructure poised to become a significant growth has and continues to resilience. More than 10 significant disabler rather than an enabler of happen. Highlighting the agrifood sector climate events in just the past couple of Northern Ireland’s future growth? as a cornerstone of the Northern Ireland years are an illustration of the additional economy she says: “Our agrifood sector tests climate change is asking of NI A vital enabler of growth really competes on the global stage. Water’s water and sewage networks. Locally produced food and drink is now Documenting not only the severity, but NI Water’s Chief Executive, Sara enjoyed in over 80 countries worldwide also the variety of pressures that recent Venning, comments: “NI Water plays a and Northern Ireland’s agrifood sector weather events have placed on the vital role in enabling Northern Ireland’s has both the ambition and the ability to networks, Venning describes the economic growth. Take tourism for grow further, targeting an increase in difficulty of maintaining services example, one of our fastest growing turnover to £7 billion and employment to throughout significant wind, rain and industries. In the last 50 years external reach 115,000 in 2020. snow storms, heavy flooding and last visitors taking overnight trips to Northern summer’s sustained hot, dry weather Ireland has increased more than fivefold “Water is vital for agrifood producers for period, where there was a 25 per cent to 2.6 million and the industry has further two crucial reasons. Firstly, for many food products, such as bakery, drinks, increase in demand for treated water. ambitions to double current visitor dairy and meats, water is a direct numbers within the next decade. Hand “What we have experienced recently is ingredient into the end product and not in hand with this growth, we are seeing a predicted to worsen,” states the Chief just part of a production process. significant number of new hotels, Executive. “In 2017, the Committee on Secondly, for health protection, agrifood especially in Belfast, being constructed Climate Change issued a report for processors and manufacturers tend not or opened. In fact, in 2018, the Northern Northern Ireland which found that by the to store water, so a piped supply is Ireland Hotels Federation stated that the end of this century, compared with the essential. High quality water and reliable current growth in hotel development is present day, Northern Ireland will see and resilient networks are critical to the largest expansion on record. summer rainfall reducing by up to 41 per keeping the agrifood production lines cent, winter rainfall increasing by 27 per “And tourism numbers continue to grow. running. cent and temperature increases of 2018 was a record breaking year for “And post-financial crash, it’s great to between 0.8 and 4.2°C.” cruise ship arrivals and world class see the construction sector continuing to attractions such as Titanic and Game of bounce back as well as continuing Thrones, together with world class growth in the services sector too. Restricted building and events such as the North West 200 and development The Open at Royal Portrush Golf Club “Northern Ireland’s population hasn’t this summer, are a huge draw for visitors stood still either over the last 50 years. In A growing economy, growing population 4

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and increasing severity of climate change events all culminate in significantly increased demands for water and wastewater services and investment in this vital infrastructure is needed now. Venning stresses her belief that the underground nature of most of NI Water’s some £3 billion worth of assets often means that there is a lack of awareness around the need for investment in the ageing infrastructure.

Of the close to 43,000 km of water mains and sewers operated by NI Water, 70 per cent has been in the ground for more than 50 years. Venning states that while there has been little change in most of the water mains and sewers in 50 years, in contrast, Northern Ireland is a much different place than in the early 1970s.

She continues: “Every part of our infrastructure network, whether it’s a pipe, a pump, or a treatment works has a finite capacity and most of NI Water’s “Every part of our infrastructure assets are a legacy from decades ago. In fact, I had occasion recently to explain to a local politician that a burst network, whether it’s a pipe, a we had located, was on a water main commissioned in the 1880’s and still pump, or a treatment works has a operating as part of a network supplying some 20,000 customers. When you look at the totality of Northern Ireland’s finite capacity and most of NI growth, in the context of ageing water and wastewater networks that are still Water’s assets are a legacy from predominantly more than 50 years old, it’s obvious to see why the network is starting to struggle with the increasing decades ago.” demand and volumes.”

Venning adds: “The sewerage network is now becoming a major issue and over 70 areas across Northern Ireland. greatest demand increase is being realistic, significant investment is witnessed, she adds: “Belfast needed to increase its capacity and The potential economic impact in these wastewater treatment works was enable the continuing safe management areas is easy to understand; significant commissioned over 20 years ago and is of ever increasing volumes of restrictions for new housing, new currently operating at almost its wastewater and sewage. Currently, apartments, new hotels, new factories, maximum capacity. The drainage and almost 30 per cent of the largest no office blocks, new schools, new wastewater challenges facing Belfast wastewater treatment works are either nursing homes etc. We expect these 70 were identified during the business at, or are fast approaching their areas to increase further by the time our planning process for our PC15 Price capacity. Around 70 Wastewater next round of funding becomes available Control (2015 – 2021), however, due to Treatment works with capacity issues in 2021. were identified in our investment the sheer scale of the challenges and the requirements for the PC15 Price Control level of funding needed, the Living with (2015 -2021). However, the constrained Belfast needs investment Water Programme (LWWP) was created level of funding made available, coupled now in 2015. Led by DfI’s Water and Drainage with further annual funding cuts, means Policy Division its aims are to develop a that NI Water is no longer able to accept Outlining how this concern becomes Strategic Drainage Infrastructure Plan for any new connections to the sewers in even more acute in Belfast, where the Belfast that provides the increased

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drainage and wastewater treatment capacity necessary to enable economic growth; protects against flood risk; protects the natural environment and “PC21 will be a real tipping secure the necessary funding needed. Significant investment for Belfast is needed now, to enable new sewer point for NI Water in terms of connections for houses, apartments, hotels, offices etc. from 2021 onwards.” its ability to continue to Despite mounting concern about the level of demand being placed on the ageing and underfunded infrastructure, provide its services at the Venning states that there is a positive; NI Water is all too aware of the challenges ahead and has identified the necessary necessary level.” investment requirements in its PC21 submission.

The Chief Executive has been vocal in her calls for adequate levels and greater what it does. We are delivering our best we know what we need to do to ensure certainty of funding. NI Water is a ever drinking water quality and resilient water and wastewater networks government-owned company and a non- wastewater compliance remains at near and we have the skills to deliver it. departmental public body (NDPB) record levels. Since our formation in Our PC21 plan sets out around £2.5 meaning the company is heavily reliant 2007 we’ve been able to reduce staff billion of capital investment needed to on government not just for the majority numbers by almost half and reduce address capacity issues and continue of its revenues but is also subject to annual running costs by £60 million. public expenditure restrictions and often providing our essential services enabling further annual cuts. Highlighting the “We work closely with Councils on their economic growth, protecting our natural “pivotal” nature of NI Water’s upcoming development plans, we talk with environment and safeguarding the PC21 Price Control Venning explains: business and trade organisations to population’s health. I can’t stress enough “NI Water will prepare a business plan understand their growth ambitions, and the importance of this funding for setting out the investment needed and we work with government and regulatory Northern Ireland to continue to thrive. the funding required for the water and bodies to make sure that we meet Economic boom or economic gloom, wastewater networks in the 2021 to regulatory, environmental and legislative what we are planning today affects not 2027 period. The Utility Regulator will requirements. So we know Northern only our lives but is inter-generational review our plan to ensure it is Ireland’s economic growth ambitions and and we should take that responsibility appropriate, efficient operations will be potential, we know the challenges for us, very seriously.” achieved and tariffs will remain stable. NI Water’s point of view is that adequate funding is a pre-requisite.” Sara Venning Sara Venning graduated from Queen’s University Belfast with a Economic boom or Master of Electrical and Electronic Engineering after which she gloom joined NIE as Customer Operations Manager. In 2010 she joined She adds: “PC21 will be a real tipping NI Water as Director of Customer Service Delivery and has been point for NI Water in terms of its ability CEO since 2014. She has a passion for excellence, driving to continue to provide its services at the change that is transforming NI Water to becoming world class. necessary level. Whilst some investment Sara is also President of the Institute of Water, the UK water for the water network, to improve inter- connectivity from area to area, will help sector industry body and President of the NI WaterAid ensure water supply in prolonged hot Committee, part of the national WaterAid charity working to transform lives by improving dry spells of weather, it’s the lack of access to clean water, hygiene and sanitation in the world's poorest communities. capacity in the wastewater network and the ability to cope both now and into the future with increasing demands that is Sara is married with three daughters. In her spare time she enjoys the outdoors with her critical to ensuring Northern Ireland’s family, including long walks around the beautiful settings of some of NI Water’s future growth ambitions and potential.” reservoirs. Venning concludes: “NI Water is good at

cover story 15 Council Areas Wastewater systems at or near their capacity (August 2019)

Disclaimer:

The wastewater system capacity information provided by Council area in this document is subject to change.

NI Water should be contacted directly on water and wastewater capacity issues by Councils . Developers should always use the pre-development enquiry (PDE) process.

Belfast City Council

Belfast WWTW (predicted to reach capacity in 2021)

In addition to the wastewater treatment works (WwTW), sewer network modelling is identifying wastewater network capacity issues in Belfast (Glenmachan sub catchment), Kinnegar (Sydenham sub catchment), , Whitehouse, Dunmurry. As a result of this, new connections are being declined in parts of the catchment.

Antrim and Newtownabbey Borough Council

Sewer network modelling is identifying wastewater network capacity issues in Antrim, Ballyclare, Whitehouse. As a result, new connections are being declined in parts of the catchment.

Mid and East Antrim Borough Council

Clogh WWTW

Grange WWTW

Larne WWTW

Moorfields WWTW

In addition to the wastewater treatment works (WwTW), sewer network modelling is identifying wastewater network capacity issues in Ballymena, Larne, Carrickfergus, Greenisland, Larne, Ballycarry, Portglenone, Tully Road (Carnlough & Glenarm). As a result, new connections are being declined in parts of the catchment.

Lisburn and Castlereagh City Council

1

Council Areas

Moneyreagh WWTW*

*WwTW Upgrade / New Works Scheduled for PC15 Delivery within NI Water’s current Business Plan period (2015/16 to 2020/21).

In addition to the wastewater treatment works (WwTW), sewer network modelling is identifying wastewater network capacity issues in Lisburn, , , , Raverent, Glenavy, Newtownbreda. As a result, new connections are being declined in parts of the catchment.

Ards and North Down Borough Council

Ballygowan*

Ballywalter (Retention Tank)*

Carrowdore*

Killinchy

Loughries

*WwTW Upgrades / New Works Scheduled for PC15 Delivery within NI Water’s current Business Plan period (2015/16 to 2020/21).

In addition to the wastewater treatment works (WwTW), sewer network modelling is identifying wastewater network capacity issues in Bangor, Newtownards, Killinchy, Cotton, Kinnegar, Kircubbin, Donaghadee, Millisle. As a result new connections are being declined in parts of the catchment.

Armagh, Banbridge and Craigavon Borough Council

Blackwatertown

Lawrencetown

Markethill

Moneyslane

Mountnorris

Moy

Poyntzpass

Robinsonstown

Waringstown

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Council Areas

In addition to the wastewater treatment works (WwTW), sewer network modelling is identifying wastewater network capacity issues in , Armagh, Banbridge, , and . As a result of this new connections are being declined in parts of the catchment.

Newry Mourne and Down District Council

Cranfield (Down)

Drumaness (WWTW)

Dundrum (Down)*

Lurganare

Maghera (Down)

*WwTW Upgrades / New Works Scheduled for PC15 Delivery within NI Water’s current Business Plan period (2015/16 to 2020/21).

In addition to the wastewater treatment works (WwTW), sewer network modelling is identifying wastewater network capacity issues in , Newry, , , , Cranfield, , Dundrum (PC15 scheduled Network Upgrade) , Hilltown, Newtownhamilton, Rathfiland, Strangford and . As a result of this new connections are being declined in parts of the catchment.

Mid Ulster District Council

Augher (WwTw)

Aughnacloy (WwTW)

Ballygawley (WwTW)

Ballyronan (WwTW)

Cabragh (WwTW)

Cappagh (WwTW)*

Carmean (WwTW)

Clogher (WwTW)

Derrycrin (WwTW)

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Council Areas

Donaghey (2) (WwTW)

Dungannon (WwTW) *

Eglish (Tyrone) (WWTW)

Fivemiletown (WwTW)

Killygonlan (WwTW)

Moy (WwTW)

Redford (WwTW)

The Loup (WwTW)*

Waterfoot Road (WwTW)

*WwTW Upgrades / New Works Scheduled for PC15 Delivery within NI Water’s current Business Plan period (2015/16 to 2020/21).

In addition to the wastewater treatment works (WwTW), sewer network modelling is identifying wastewater network capacity issues in Aughnacloy, Bellaghy, Cappagh, Castlecaulfield, Cluntoe Richardson,Coalisland, Cookstown, Desertmartin, Draperstown, Dungannon, Fivemiletown, Gulladuff, Knockloughrim,Longfield Moorside Villas, Maghera, Magherafelt & Swatragh. As a result of this new connections are being declined in parts of the catchment.

Causeway Coast & Glens Borough Council

Aghanloo (WwTW)

Ardgarvan (WwTW)

Armoy (WwTW)

Ballintoy (WwTW)*

Ballybogy (WwTW)*

Ballyvoy (WwTW)*

Carnduff (Retention Tank)*

Dernaflaw (WwTW)

Dervock (WwTW)

Dunserverick (Retention Tank)*

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Council Areas

Killyrammer (WwTW)

Kilrea (WwTW)

Longs Glebe

Mayboy (WwTW)*

Moss-side

Mullans (WwTW)*

*WwTW Upgrades / New Works Scheduled for PC15 Delivery within NI Water’s current Business Plan period (2015/16 to 2020/21).

In addition to the wastewater treatment works (WwTW), sewer network modelling is identifying wastewater network capacity issues in Bellany, Capecastle, Clarehill, Cloghmills, Coleraine, Culcrow, Cushendall, Drumraighland, Dunloy,Feeny, Finvoy, Greysteel, Limavady, Liscolman, Loughguile, Macfin, Macosquin, Magherahoney, Moneydig, Moss-side & Rasharkin. As a result of this new connections are being declined in parts of the catchment.

Fermanagh & Omagh District Council

Belleek (Fermanagh) (WwTW)

Clabby (WwTW)*

Church Hill (WwTW)

Drumquin (WwTW)

Edenderry (Tyrone) (WwTW)*

Ederney (WwTW)

Garrison (WwTW)

Lough Macrory (WwTW)

Mountfield (WwTW)

Seskinore (WwTW)

*WwTW Upgrades / New Works Scheduled for PC15 Delivery within NI Water’s current Business Plan period (2015/16 to 2020/21) .

5

Council Areas

In addition to the wastewater treatment works (WwTW), sewer network modelling is identifying wastewater network capacity issues in Arvalee, Ballinmallard, Ballycassidy, Beragh, Brookeborough ,Carrickmore, Cavanacaw, Enniskillen, Florencecourt , Kesh, Lisbellaw, Lisnarrick, Lisnaskea, Magheraveely, Mountfield, Mountjoy, Omagh, Seskinore, Tempo &Teemore. As a result, new connections are being declined in parts of the catchment.

Derry & Strabane District Council

Douglas Bridge (WwTW)

Donemana (WwTW)

Drumlegagh Church Road (WwTW)

In addition to the wastewater treatment works (WwTW), sewer network modelling is identifying wastewater network capacity issues in Artigarvan, Ballymagorry, Eglinton, City of Derry, Killen, Letterbin, Sion Mills. As a result, new connections are being declined in parts of the catchment.

6

Unclassified

ITEM 8

Ards and North Down Borough Council

Report Classification Unclassified

Council/Committee Planning Committee

Date of Meeting 05 November 2019

Responsible Director Director of Regeneration, Development and Planning

Responsible Head of Head of Planning Service

Date of Report 15 October 2019

File Reference

Legislation

Section 75 Compliant Yes ☒ No ☐ Other ☐ If other, please add comment below:

Subject Housing Growth Indicators for Ards and North Down

Attachments Item 8a - DFI Letter to Council Heads of Planning Item 8b - Housing Growth Indicators (HGIs) Report released September 2019 Item 8c - 2012 based HGI methodology and figures paper released 2016 (now superseded)

1.0 Background

The Department for Infrastructure (DFI) has undertaken a review of the existing Housing Growth Indicators (HGIs) which were published in the Regional Development Strategy (RDS) 2035 for the period 2008-2025. These revised figures provide an estimate of the new dwelling requirement for the region from 2016-2030.

2.0 Detail

The Chief Planner within DFI wrote to the Council Heads of Planning on 25 September 2019 attaching the HGI Report with updated figures (attached as Items 8a and 8b respectively).

Page 1 of 3

Unclassified

HGIs provide an estimate of future housing need in Northern Ireland, broken down by Council area. The indicators are produced for those preparing development plans as a guide to where development should happen to meet central government’s objective of developing Belfast as the economic driver of the region and balance sub-regional growth, as specified in the Regional Development Strategy (RDS 2035).

HGIs were first produced in January 2005 in the Regional Development Strategy 2025 to cover the period 1998-2015 and used 2002 based household projections produced by NISRA. A central government review was then undertaken (to update to 2012 based figures) to take account of the new local Council boundaries implemented during 2015 and the availability of updated household projection data (NISRA) to cover the period 2008-2025 as part of the revised RDS 2035.

DFI statisticians have advised that ‘for the most recent update, the time series 2016- 2030 was used and taken to be 15 inclusive years (1 January 2016 to 31 December 2030). The recently published figures supersede the previous HGI data and as such no direct comparisons should be made between the two sets of figures.’

The figures have been calculated using the following data sources: NISRA Household projections (based on the population projections); data on vacant housing stock, second homes and net conversions/closures/demolitions (net stock loss).

Estimate of total housing need in Northern Ireland by Council 2016-2030 (Table 3 from DFI HGI paper) against previous estimate based on 2012 figures

(2012-2025 Council Area Revised HGI 2012 – 2025 estimates) Difference 2030 estimated HGI estimated Extrapolated Between new dwelling dwelling to 2030 for HGI and requirement requirement Ards and previous North Down extrapolation Antrim & 4,200 7,200 Newtownabbey Ards & North Down 5,500 7,100 8190 -2,690 Armagh City, Banbridge 17,200 14,400 & Craigavon Belfast 7,400 13,700 Causeway Coast & 5,600 6,700 Glens Derry City & Strabane 4,100 5,000 Fermanagh & Omagh 4,300 4,500 Lisburn & Castlereagh 10,700 9,600 Mid & East Antrim 5,400 5,400 Mid Ulster 10,300 9,500 Newry, Mourne & Down 10,000 10,900

Page 2 of 3

Unclassified

Using the Housing Growth Indicators

The report specifies that these estimates are purely for guidance and should not be considered as a cap or a target on development, rather they present a robust starting point which can subsequently be adjusted taking account of the full range of factors that may influence housing requirements over the Plan period. Various other factors will also have an influence on housing requirements over longer time periods. They are designed to support the development process by giving an indication of where development is mostly likely to be needed given the current trends.

The Strategic Planning Policy Statement (SPPS)

The SPPS sets out that the policy approach in LDPs in relation to housing must be to:

• facilitate an adequate and available supply of quality housing to meet the needs of everyone; • promote more sustainable housing development within existing urban areas; and • facilitate the provision of mixed housing development with homes in a range of sizes and tenures.

This approach to housing will support the need to maximise the use of existing infrastructure and services, and the creation of more balanced sustainable communities.

The Local Development Plan process is the main vehicle for assessing future housing land requirements and managing housing growth to achieve sustainable patterns of residential development, as well as fulfilling other SPPS objectives. The SPPS sets out strategic guidance for LDP preparation, and in relation to the process for allocating housing land, directs that it will be informed by and include the HGIs among others as follows:

• RDS Housing Growth Indicators (HGIs);

• Use of the RDS housing evaluation framework;

• Allowance for existing housing commitments;

• Urban capacity studies;

• Allowance for Windfall housing;

• Application of a sequential approach and identification of suitable sites for settlements of over 5,000 population.

RECOMMENDATION

It is recommended that Council notes the publication of the 2016 based Housing Growth Indicators (HGI) Paper and the figure in relation to Ards and North Down.

Page 3 of 3

Housing Growth Indicators

2016-based

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Contents Page 1. Background to the HGIs 5

2. Uses of the HGIs 5

3. Northern Ireland Housing Growth Indicators 2016-2030 6

4. User information – data sources 11

5. Changes to data sources since 2012 based HGIs 13

6. Local Government District (LGD) level figures – 2016 based Housing 15 Growth Indicators

Appendices

1. LGD level Northern Ireland Housing Growth Indicators 2016-20 – 16 estimating each of the 5 key components

2. Comparison of LGD level Housing Growth Indicators 2016-30 with 19 recent new dwelling completion rates

3. Useful links 20

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1. Background to the HGIs

1.1. Housing Growth Indicators (HGIs) provide an indication of future housing need in Northern Ireland. Household projections produced by NISRA form the basis of the estimate. The estimates are based on current population/household formation trends with the assumption that these trends will continue into the future.

1.2. As population and household formation projections are regularly updated and housing stock data presents the most up to date position annually, the HGIs should be used for guidance. The estimate does not take account of any future policy development or social factors and, as such, should not be considered a target or seen as a cap on housing development in the area.

1.3. Following a public consultation, an agreed methodology was established in 2005. This methodology has been replicated as closely as possible for all HGI updates since, including this latest 2016 based update. The variables that make up the HGI calculations have been updated using the most recently available information from robust sources. The 2012 based update of the HGIs contains more detailed information on the earlier applications of the methodology and can be found at https://www.infrastructure-ni.gov.uk/publications/2012-based-housing-growth- indicators-hgis-and-methodology-paper.

1.4. In addition to the household projections which are considered the main component of the HGIs, data on vacant housing stock, second homes and net conversions/closures/demolitions (net stock loss) are also used to produce the final estimates. As new, updated data was available for household projections, housing stock, vacant stock and second homes, updating the HGIs at this time is in line with the commitment to refresh estimates when updated household projections are published. This update ensures that any decision making or planning taken forward can be supported by the most robust, up-to-date information as evidence.

1.5. A number of updates of the HGIs have been produced, including being part of the first Regional Development Strategy which was published in 2001. Housing Growth Indicators were last published in May 2016 for the time period 2012-2025. The household projections used for these HGIs were based on 2012 data. The latest HGIs use 2016 based household projections and have been calculated for the time period 2016-2030 to align with the timeframe for the majority of Local Development Plans.

1.6. The HGIs have been calculated for Northern Ireland and also for each of the 11 Local Government Districts (LGDs). Further detail on how the HGIs are calculated, user information and methodology is presented throughout this document.

2. Uses of the HGIs

2.1. The indicators have been updated at the request of the Department for Infrastructure Planning Group and in line with the commitment to refresh estimates when updated household projections are published. They are produced primarily to provide guidance for those preparing development plans. They are intended to support the development process by giving an indication of where development is

5

most likely to be needed given the current understanding of population, current data on the housing infrastructure and expected population growth. As mentioned above, these estimates are purely for guidance and should not be considered as a cap or a target on development and, as such, represent a robust starting point which can considered while also taking account of the full range of factors that may influence housing requirements over the plan period in terms of how many houses are needed in any area.

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3. Northern Ireland Housing Growth Indicators 2016-2030

3.1. Following a period of gathering the required data from a variety of sources (detailed on paragraph 3.7 and also section 4); examining the previous methodology; confirming with Planning representatives on a way forward for the 2016-based update; and engaging in various meetings and conversations with subject experts, Analysis, Statistics and Research Branch within the Department for Infrastructure took forward HGI calculations using the most recent available data.

3.2. Once the data analysis was complete, the updated HGI figures calculated for the period 2016-2030 show that the estimated new dwelling requirement in Northern Ireland for the period is: 84,800 3.3. As well as calculating an updated estimate for Northern Ireland, estimated dwelling requirements for the 11 Councils were also produced.

Table 1: Estimate of total housing need in Northern Ireland by Council 2016-20301

Council 2030 estimated dwelling requirement Antrim and Newtownabbey 4,200 Ards and North Down 5,500 Armagh City, Banbridge and Craigavon 17,200 Belfast 7,400 Causeway Coast and Glens 5,600 Derry City and Strabane 4,100 Fermanagh and Omagh 4,300 Lisburn and Castlereagh 10,700 Mid and East Antrim 5,400 Mid Ulster 10,300 Newry, Mourne and Down 10,000 Northern Ireland 84,800

1 Estimates are rounded to the nearest hundred. Totals may not add due to rounding.

3.4. This report and its appendices provide further detail on the methodologies, data used and further insight into how these estimates have been produced. As mentioned previously, these estimates are an indication of likely need and should not be considered as a definitive target. The social and policy environment is likely to be subject to much change over the next decade and these estimates are modelled from currently available data. There has been no attempt to model future events into these estimates, so the data presented should be considered ‘policy neutral’.

3.5. However, these should be considered as ‘a best estimate’ given the data available at this point in time. Data used has been obtained from professional, reliable sources and the updated HGIs have been developed by NISRA statisticians based on an agreed methodology, in consultation with subject experts. A number of 7

potential sources were considered and a sound, consistent rationale was employed to make the decisions that formed the final estimate calculations.

3.6. The variables informing the calculation of the Northern Ireland estimate are shown in Table 2 and this largely reflects the methodology that was used in the 2012 based HGIs.

Table 2: Variables that comprise 2016-2030 HGIs1

Variable Year of data Value Notes (A) Number of households 2016 based NISRA household 2030 784,600 projections (occupied stock) (B) Second homes 1.11% of occupied housing stock. 2030 8,700 NISRA Central Survey Unit combined survey sample (C) Vacant stock 6.70% of total housing stock. NISRA 2030 57,000 Central Survey Unit combined survey sample (D) Net conversions/ closures/ Net stock loss estimated using LPS housing stock and new dwelling demolitions 2016 to 2030 11,100 completions data. Based on 9 year average. (E) New stock requirement estimate at Sum of (A), (B), (C), & (D) end of period 2030 861,400 (F) Total stock at start of period LPS Northern Ireland Housing Stock data www.finance- 2016 776,500 ni.gov.uk/publications/annual- housing-stock-statistics - stock at beginning of 2016/17 (G) Projected new dwelling requirement 2016 to 2030 84,800 (E) minus (F) (H) Projected new annual dwelling

requirement 5,700 1 Estimates are rounded to the nearest hundred. Totals may not add due to rounding.

3.7. Further information on the data sources used and changes compared to the previous 2012 based HGIs is available in ‘User Information – data sources’ (page 9) and ‘Changes to data since 2012 HGIs’ (page 11). However, at a basic level, the detail of each variable listed above is as follows.

Number of households 2030 (A) The estimate of the number of households in 2030 of 784,600 comes from the 2016 based household projections produced by NISRA, available at this link.

Second homes 2030 (B) The term ‘second home’ used in this calculation relates to a dwelling, not permanently occupied, whose owner resides principally in another dwelling. This includes holiday homes and residences used for easy access to business, but excludes dwellings privately rented to other tenants. Following review of the previous potential sources for this update only one robust data source for second homes data was identified: the NISRA Central Survey Unit (CSU) combined survey sample 2016-17, which provides a factor of 1.11% (see ‘Changes to data since

8

2012 HGIs’ section (page 11)). Applying the CSU second homes factor (1.11%) to the data gives an estimated second homes figure of 8,700 in 2030.

Vacant stock 2030 (C) Two possible data sources were identified for these data: the NI House Condition Survey 2016 (NIHCS) and the CSU combined survey sample 2016-17 (see ‘User Information – data sources’ (page 9)). In the NIHCS 2016, the proportion of vacant properties was 3.65%. In the CSU combined survey sample 2016-17, this proportion was 6.70%.

To maintain consistency with the data used for second homes, the NISRA CSU data was also used as the source for this variable and this results in an estimated vacant stock figure of 57,000 in 2030.

Net conversions/closures/demolitions 2016 to 2030 (D) Estimates were produced, using housing stock numbers and new dwelling completions data from Land and Property Service (LPS) (see ‘Calculation of estimates’ section on page 12). These estimates suggest a figure of 741 stock loss per annum.

New stock requirement estimate 2030 (E) This is calculated by adding the estimated number of second homes (B), vacant stock (C) and stock loss adjustment (D) to the estimated number of households (A). This results in a stock requirement estimate of 861,400 in 2030.

Total stock 2016 (F) The LPS publication ‘Northern Ireland Housing Stock’ reports on data from the NI Valuation List (see ‘User Information – data sources’ on page 9). At April 2016, total NI housing stock was 776,500.

Projected new dwelling requirement 2016 to 2030 (G) This is calculated by subtracting the 2016 total stock figure (F) from the 2030 total stock estimate (E).

3.8. Development of the updated HGIs based on the variables as outlined above results in a projected new dwelling requirement of 84,800 between 2016 and 2030 (approximately 5,700 per annum). While past trends are not necessarily an indicator of future trends and house building is not a linear, constant development, it is worth considering the projected annual requirement against recent numbers of new dwelling completions in Northern Ireland. In the past 9 years these are as follows (https://www.finance-ni.gov.uk/publications/new-dwelling-statistics-report):

2010-11 6,213 2011-12 5,719 2012-13 5,526 2013-14 5,315 2014-15 5,501 2015-16 5,771 2016-17 6,463 2017-18 7,096 2018-19 7,809

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So a figure of around 5,700 per annum is a broadly central point amongst these nine annual figures and as such the updated HGI figure sits within the recent trend of completions over the past decade.

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4. User Information – data sources

4.1. This section describes the data sources that were used or considered as part of the development process for the latest 2016 based HGIs. The decision was made early on in this refresh process to replicate the agreed methodology that was used for the 2012 based HGIs and, as far as possible, this is the process that has been employed. However, due to data quality or data availability at the time of this refresh, it is important to note that some data sources may have changed since the previous 2012 based HGIs were derived. This is fully discussed in the section ‘Changes to data sources since 2012 based HGIs’ on page 11. Generally any changes are due to lack of availability of the original data source or considerations related to consistency of data use across HGI variables.

4.1.1. NISRA household projections Household projections are formed using population projections and household formation trends. The projected population is assigned into household groups using the trends in household formation from one Census to the next. The 2016 based household projections are based on the most up-to-date trend data on household formation between the 2001 and 2011 Census. 2016 based household projections data have been calculated for the 11 new LGDs.

The 2016 based data were used as the starting point for the HGI calculations.

4.1.2. NI Housing Executive House Condition Survey The NIHCS is conducted by the NI Housing Executive (NIHE). A detailed technical survey is carried out on the interior and exterior of properties and, in addition, a short interview is conducted with the householder or their partner. The data are weighted and grossed to ensure final figures reflect the actual housing stock. The achieved sample size in 2016 was 2,023.

Data from the NIHCS 2016 were considered as a potential source to estimate the proportion of second homes and proportion of vacant houses. Advice was also sought from the research team in NIHE in support of the development of these updated HGIs and the producers of this report are grateful for that support and expert advice. During the conversations with NIHE, the advice provided was that due to small sample sizes, NIHCS data on second homes was not robust enough to be used to inform the HGIs. Therefore NISRA CSU data was used for second homes estimates. In the interests of consistency across the calculations, this provided a rationale for also using the NISRA CSU data for vacant stock estimates.

4.1.3. Land and Property Services (LPS) publications Building Control new dwelling completions data Figures are collected quarterly by LPS from Building Control offices in each council on the number of new dwellings that have been completed during that quarter. The date of a new dwelling completion is the date on which the building control completion inspection takes place. New dwellings include both houses and apartments.

New dwelling completions data were used in the calculations to estimate net stock loss.

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Housing stock data - NI Domestic Valuation List LPS publish housing stock figures based on their domestic valuation list. The data represents housing stock at a point in time usually in April. The download is taken on the first working day of the month. Housing stock data are available from 2008 to 2019 for the 11 LGDs.

Total housing stock data is one of the elements of the HGIs model. The data were also used in the calculations to estimate net stock loss.

4.1.4. NISRA Central Survey Unit combined survey sample Central Survey Unit (CSU) has amalgamated samples from their main surveys which took place over each financial year from 2013-14. These are the complete samples that were selected from the LPS address database and so the data include properties that were found to be vacant or second homes when the interviewer went to visit. The combined sample for the year used in the HGI calculations (2016-17) includes 25,400 properties.

A sample size of 25,400 allows for data analysis at LGD level. Data on second homes and vacant properties have been used in the HGI calculations at LGD level and to confirm data used at Northern Ireland level. The data source is not an official estimate of data on second homes or vacant properties. It is a by-product of survey research and it is considered to be a representative sample of houses at Northern Ireland level and LGD level.

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5. Changes to data sources since 2012 based HGIs

5.1. The changes outlined in this section include where a new data source has been used to calculate the HGIs and also if there have been any significant changes to a data source since the last HGIs were calculated. Looking at each of the 5 key elements in the Northern Ireland level HGI calculations:

5.1.1. Number of households Data source: NISRA household projections (2016 based).

Changes to data The latest household projections (2016 based) replaced the previous household projections (2012 based).

The 2016 based figures are lower than the 2012 based figures. As stated in NISRAs methodological paper, the main driving force behind the 2016-based projections being lower than the 2012 based projections is due to a lower population base. Similar findings are also found in household projections for countries in the rest of the UK and indeed for areas within Northern Ireland.

For further details of differences between the 2012 based household projections and 2016 based household projections, see the methodology report on the NISRA website (‘Useful links’ section on page 19).

5.1.2. Second homes/Vacant stock Data source: NISRA CSU Combined Survey Sample 2016/17.

Changes to data 2016/17 figures from the NISRA CSU Combined Survey Sample replace the figures from the 2011 NIHCS. 2016/17 was considered the most relevant year for the 2016 based HGI update.

NIHE advice was that the NIHCS sample was considered too small to provide robust data for the second homes variable. Given that issue with regards to second homes and NIHCS data, it was considered that the preferred approach was to ensure consistency of data source across the calculations/relevant variables and as NISRA CSU data informed the second homes variable, the NISRA CSU data was also chosen to inform the vacant stock variable. Additionally, using vacant stock estimates provided by NIHCS and LPS lead to an overall gain in some LGDs, which would lead to an indicator suggesting no additional requirement of homes within these areas over the HGI estimate period. This issue also occurred in aspects of the 2012 based update and was a driver for variable decision making at that time. As this is a refresh of that 2012 method, the issue has been handled similarly.

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5.1.3. Net conversions/closures/demolitions Data source: Estimates produced using published LPS data on new dwelling completions and housing stock.

Changes to data NIHE advice obtained on net demolitions, conversions and closures across NIHE stock suggested a figure of 200 per annum. Advice was also sought from LPS on available data. The LPS figures that were available represent all Northern Ireland housing stock so the decision was taken to give precedence to these estimates. The latest net stock loss estimate based on the average of the time series available (9 years (2010-11 to 2018-19) is 741 per annum. This results in an estimated stock loss of 11,100 dwellings over the period to 2030. The previous 2012 based HGIs used a 2 year average and an annual estimated stock loss of 1,000 but this update has used the full time series available to provide a more robust average to smooth out any volatility across the period.

Calculation of estimates Housing stock numbers and new dwelling completions data from LPS were used to give some guidance on approximating net stock loss data. Estimates were produced as follows:  Take housing stock at the beginning of the year (LPS NI Housing Stock publication) and add in new dwellings completed during the year (LPS NI Building Control Starts and Completions publication). If no net stock loss, this figure would be the total housing stock at the end of the year.  Compare this estimated ‘housing stock if no loss’ figure with the actual housing stock at the beginning of the next year (LPS NI Housing Stock publication). If the actual housing stock is less than the estimated ’housing stock if no loss‘, this would suggest that some stock has been lost during the year.  Subtract actual housing stock at the beginning of the next year from estimated ‘housing stock if no loss’ to get an estimate for net stock loss during the year.

Due to the nature of the data and considering these figures are estimates, there can be wide variation from year to year. Therefore, averages have been taken over nine years to smooth the variations in the data and look at longer term trends.

5.1.4. Total stock Data source: LPS Northern Ireland Housing Stock publication

Changes to data The LPS NI Housing Stock publication remains the source of housing stock statistics with the most recent statistics available up to 2019. This HGI update has used the relevant data available at the time of update.

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6. Local Government District (LGD) level figures – 2016 based Housing Growth Indicators

6.1. Background to LGD level estimates Each time the HGIs have been calculated, estimates at LGD level have been produced. These are produced by using existing data or estimating LGD level data for each of the key components of the HGIs detailed in Table 2: number of households, second homes, vacant stock, net conversions/closures/demolitions (net stock loss) and total housing stock for start year. The individual components are then combined to produce the HGIs at LGD level.

6.2. Data sources for each of the 5 key components are the same as those listed for the NI HGI figure (see ‘User Information – data sources’ on page 9) and more detail on the LGD calculations can be found in Appendix 1, page 15.

Table 3: Estimate of total housing need in Northern Ireland by Council 2016-20301

Council / Region 2030 estimated dwelling requirement Antrim and Newtownabbey 4,200 Ards and North Down 5,500 Armagh City, Banbridge and Craigavon 17,200 Belfast 7,400 Causeway Coast and Glens 5,600 Derry City and Strabane 4,100 Fermanagh and Omagh 4,300 Lisburn and Castlereagh 10,700 Mid and East Antrim 5,400 Mid Ulster 10,300 Newry, Mourne and Down 10,000 1 Estimates are rounded to the nearest hundred.

6.3. These figures have been used as a starting point for allocating housing land as part of the Local Development Plan process. The figures presented here at LGD level are solely based on the data, are ‘policy neutral’ and use similar methodology to that used to produce the NI HGI estimate.

6.3.1. Issues when producing LGD level data There are fewer data sources available to calculate the HGIs at LGD level. Some data that are robust for Northern Ireland are not robust when broken down to LGD level. In addition, some data that were used in the past may no longer be available or not available at suitable quality levels (see ‘User Information – data sources’ on page 9).

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Appendix 1

LGD level Northern Ireland Housing Growth Indicators 2016-2030 - estimating each of the 5 key components

Table A1: Estimate of housing need by Local Government District 2016-2030

Net Conversions Projected Household Closures and New Dwelling projection Second Vacant Stock Demolitions New Stock Housing Stock Requirement District Council 2030 Homes 2030 2030 2016-2030 Estimate 2030 at April 2016 2016-2030 Antrim and Newtownabbey 59,200 400 3,200 -400 62,400 58,300 4,200 Ards and North Down 70,100 900 4,500 200 75,800 70,300 5,500 Armagh City, Banbridge and Craigavon 90,500 900 6,300 2,000 99,700 82,500 17,200 Belfast 148,200 1,500 13,000 900 163,500 156,100 7,400 Causeway Coast and Glens 58,300 2,700 5,200 2,400 68,600 62,900 5,600 Derry City and Strabane 60,000 200 4,300 100 64,600 60,500 4,100 Fermanagh and Omagh 46,200 500 4,300 1,300 52,400 48,000 4,300 Lisburn and Castlereagh 63,500 400 3,700 1,100 68,700 58,000 10,700 Mid and East Antrim 59,200 200 3,600 1,000 64,100 58,700 5,400 Mid Ulster 57,000 200 3,500 2,300 63,000 52,600 10,300 Newry, Mourne and Down 72,300 800 5,300 300 78,700 68,600 10,000 Northern Ireland 784,600 8,700 57,000 11,100 861,300 776,500 84,800

Cells are rounded to the nearest 100. Calculations have been worked out using unrounded data. Therefore summing individual figures in the table above may not add to total.

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Household projection 2030 Data source: 2016 based household projections

To produce LGD level data: Household projections data have been calculated for the new 11 LGDs.

Changes to data The latest household projections (2016 based) replaced the 2012 based household projections. The 2016 based figures are lower than the 2012 based figures (see ‘Number of households’ section on page 11 for some of the reasons why the figures are lower).

Second homes 2030 Data source: Central Survey Unit combined survey sample 2016-17

To produce LGD level data: As with the NI HGI calculation, the term ‘second home’ relates to a dwelling, not permanently occupied, whose owner resides principally in another dwelling. This includes holiday homes and residences used for easy access to business, but excludes dwellings privately rented to other tenants. Following review of the previous sources for this update only one robust data source for second homes data was identified: the NISRA CSU combined survey sample 2016-17. The overall NI second homes figure was apportioned across each of the 11 Councils to reflect the distribution present in the NISRA CSU combined survey sample data.

Changes to data source No change

Vacant stock 2030 Data source: Central Survey Unit combined survey sample 2016-17

To produce LGD level data: As with the NI HGI calculation, to maintain consistency with the data used for second homes, the NISRA CSU data was also used as the source for this variable. Again, similar to the second homes calculations, the overall NI vacant stock figure was apportioned across each of the 11 Councils to reflect the distribution present in the NISRA CSU combined survey sample data.

Changes to data source For the 2012 based HGIs, NIHCS data was used. However, as detailed previously, for this 2016-based HGI update it was decided to maintain consistency across data used to ensure a more robust estimate using figures obtained from one source where possible and so, given only one suitable source was available for estimating second homes, that same source was used for vacant stock estimation. Therefore the source for vacant stock estimation has changed from NIHCS to NISRA CSU Combined Survey Sample.

Net conversions/closures/demolitions 2016 to 2030 Data source: Estimates produced using published LPS data on new dwelling completions and housing stock.

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To produce LGD level data: Approximations were produced for each LGD as per the estimation of the NI level figure (see ‘Calculation of estimates’ section on page 12). These LGD level data have been used to apportion the NI level net conversions/closures/ demolitions figure of 11,100.

Change to data source No change

Issues to note

 Using average over 9 years As per the NI level figure, due to the nature of the data there can be wide variation from year to year. Therefore averages have been taken over a number of years to smooth the variations in the data and look at longer term trends.

Previously a 4 year average was used to calculate LGD level estimates. For this refresh, to produce a more robust estimate, the full data available covering the period 2010-11 to 2018-19 was used.

New stock estimate 2030 The new stock estimate for 2030 is calculated by adding the estimated number of second homes, vacant stock and stock loss adjustment to the estimated number of households for each Local Government District area.

Total stock 2016 Data source: LPS NI Housing Stock publication

To produce LGD level data: Data are available for the new 11 LGDs from this publication

Projected new dwelling requirement by LGD for 2016 to 2030 This is calculated by subtracting total stock estimate for 2016 from total stock estimate for 2030 for each LGD.

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Appendix 2

Table A2: Comparison of LGD level Housing Growth Indicators 2016-2030 with recent new dwelling completion rates

Comparison 15 year Projected new dwelling Local Government District figure using recent requirement 2016-20301 completion rates2 Antrim and Newtownabbey 4,200 dwellings 8,160 (544 x 15) Ards and North Down 5,500 dwellings 10,275 (685 x 15) Armagh, Banbridge and 17,200 dwellings 13,755 (917 x 15) Craigavon Belfast 7,400 dwellings 10,065 (671 x 15) Causeway Coast and Glens 5,600 dwellings 8,565 (571 x 15) Derry City and Strabane 4,100 dwellings 7,680 (512 x 15) Fermanagh and Omagh 4,300 dwellings 4,935 (329 x 15) Lisburn and Castlereagh 10,700 dwellings 11,580 (772 x 15) Mid and East Antrim 5,400 dwellings 6,405 (427 x 15) Mid Ulster 10,300 dwellings 10,680 (712 x 15) Newry, Mourne and Down 10,000 dwellings 9,690 (646 x 15)

1 Estimate of housing need by Local Government District 2016-2030 (see Table 1 and Table 3 on pages 6 and 13 respectively) - derived by estimating each of the key components at LGD level and combining to form the HGI for each LGD. 2 An approximate figure of new dwelling completions per annum (given in brackets) has been worked out using LPS new dwelling completions data over the time period 2015-16 to 2018-19 (the full time series available at 11 LGD level). 2016 to 2030 is a 15 year period so the calculated average figure has been multiplied by 15 to give a figure that can be compared with the projected new dwelling requirement 2016- 2030.

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Appendix 3

Useful links

2012 based Housing Growth Indicators and methodology paper are available on the DfI website at: https://www.infrastructure-ni.gov.uk/publications/2012-based-housing-growth-indicators- hgis-and-methodology-paper

Details of the household projections data and methodology are available on the NISRA website at: https://www.nisra.gov.uk/sites/nisra.gov.uk/files/publications/HP16-bulletin.pdf

RDS 2035 available on the DfI website at: https://www.infrastructure-ni.gov.uk/publications/regional-development-strategy-2035

Details on the NI Housing Executive Northern Ireland House Condition Survey (including results from the survey) are available on the NIHE website: https://www.nihe.gov.uk/Working-With-Us/Research/House-Condition-Survey

Land and Property Services NI Building Control Starts and Completions publication is available on the DoF website: https://www.finance-ni.gov.uk/publications/new-dwelling-statistics-report

Land and Property Services NI Housing Stock publication is available on the DoF website: https://www.finance-ni.gov.uk/publications/annual-housing-stock-statistics

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2012 based Housing Growth Indicators (HGIs)

Background to the HGIs Housing Growth Indicators (HGIs) provide an estimate of future housing need in Northern Ireland. The figures use household projections produced by NISRA as their basis. The figures are therefore based on current population/household formation trends making the assumption that these trends will continue into the future. They should therefore be used for guidance rather than seen as a cap on housing development in the area or a target to be achieved.

In addition to the household projections, the HGIs also use data on vacant housing stock, second homes and net conversions/closures/demolitions (net stock loss) to produce the final figure.

The first HGIs were produced in January 2005 to cover the time period 1998-2015 and used 2002 based household projections produced by NISRA. When updated household projections are published, HGIs are recalculated and revised in line with the latest data.

Housing Growth Indicators were last published in the Regional Development Strategy 2035 in March 2012 for the time period 2008-2025. The household projections used for these HGIs were based on 2008 data. The latest HGIs use 2012 based household projections and will therefore be calculated for the time period 2012-2025. The HGIs have been calculated for Northern Ireland and also for each of the 11 Local Government Districts (LGDs).

Uses of the HGIs The indicators are produced for those preparing development plans as a guide to where development should happen to meet DRD’s objective of developing Belfast as the economic driver of the region and balance sub- regional growth, as specified in the Regional Development Strategy (RDS 2035).

Data sources used The following data sources were used for the latest 2012 based HGIs. Note that some data sources have changed since the previous 2008 based HGIs were derived. This is fully discussed in the section “Changes to data sources since 2008 based HGIs” on page 4. Generally any changes are due to lack of availability of the original data source.

NISRA household projections Household projections are formed using population projections and household formation trends. The projected population is assigned into household groups using the trends in household formation from one Census to the next. Previous household projections were based on the trends between the 1991 and 2001 Census. The 2012 based household projections are the first to be based on more up-to-date trend data on household formation between the 2001 and 2011 Census. 2012 based household projections data have been calculated for the 11 new LGDs.

The 2012 based data were used as the starting point for the HGI calculations.

NI Housing Executive House Condition Survey The Northern Ireland House Condition Survey (NIHCS) is conducted by the NI Housing Executive (NIHE). A detailed technical survey is carried out on the interior and exterior of 1 the property and, in addition, a short interview is conducted with the householder or their partner. The data are weighted and grossed to ensure final figures reflect the actual housing stock. The achieved sample size in 2011 was 1,434.

Data from the NIHCS 2011 were used to estimate the proportion of second homes and proportion of vacant houses. Note that the sample size means that it is not possible to obtain robust data at Local Government District level from the NIHCS 2011.

Data from Land and Property Services (LPS) publications Building Control new dwelling completions data Figures are collected quarterly by LPS from Building Control offices in each council on the number of new dwellings that have been completed during that quarter. The date of a new dwelling completion is the date on which the building control completion inspection takes place. New dwellings include both houses and apartments. Data from quarter 1 of 2010 up to quarter 1 of 2015 are available for the old 26 LGDs. Only data for quarter 2 of 2015 are available for the new 11 LGDs.

Completions data were used in the calculations to estimate net stock loss.

Housing stock data - NI Domestic Valuation List LPS have recently started to publish housing stock figures based on their domestic valuation list. The data represents housing stock at a point in time usually in April (but it was in May for 2008, 2010 and 2011). The download is taken on the first working day of the month. Housing stock data are available from 2008 to 2015 for the new 11 LGDs.

Total housing stock data is one of the elements of the HGIs model. The data were also used in the calculations to estimate net stock loss.

NISRA Central Survey Unit combined survey sample Central Survey Unit (CSU) has amalgamated samples from their main surveys which took place over the 2013-14 period. These are the complete samples that were selected from the LPS address database and so the data include properties that were found to be vacant or second homes when the interviewer went to visit. The combined sample includes 23,300 properties.

A sample size of 23,300 allows for data analysis at Local Government District level. Data on second homes and vacant properties have been used in the HGI calculations at LGD level and to confirm data used at Northern Ireland level. The data source is not an official estimate of data on second homes or vacant properties. It is a by-product of survey research. However, checks have been done (comparison with LPS housing stock figures) and it is considered to be a representative sample of houses at Northern Ireland level and LGD level.

Note that this combined sample was created as part of an internal checking process. This may be a one-off exercise and therefore the data might not be available in the future.

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NI level figures - 2012 based Housing Growth Indicators

Calculating 2012 based Housing Growth Indicators The previous HGIs used 2008 based household projections and were calculated for the time period 2008-2025. Therefore the latest HGIs, which use 2012 based household projections, will be calculated for the time period 2012-2025.

The HGIs are formed using 5 key pieces of data: number of households (household projections), second homes, vacant stock, net conversions/closures/demolitions (net stock loss) and total housing stock for start year.

Details of the NI level HGI calculations are given in this section. Information on the LGD level HGI calculations is given on page 6.

2012 based Housing Growth Indicators – NI level Table 1.1 detailing the calculations for the 2012-2025 HGIs is given in Appendix 1 on page 8. Full details of the data used for each of the key components, including the reasons for selecting these data, also appear in Appendix 1 (pages 8 to 9). In general, where there is more than one possible source of data, the higher estimate has been selected if that can be justified. Table 1.2 (page 10) illustrates the reduction in the NI level HGI if the lower estimates had been used.

The projected new dwelling requirement between 2012 and 2025 is 94,000 (approximately 7,200 per annum) (Table 1.1 on page 8). Appendix 1 (page 9) contains a comparison with new dwelling completions from 2010-11 to 2014-15 which suggests a figure of around 7,200 per annum can accommodate the current level of completions and would allow for some growth in the future.

Comparison of 2008 based and 2012 based HGIs Appendix 2 on page 11 has a table comparing the 2008 based HGIs published in the RDS 2035 and the updated 2012 based HGIs. For the purposes of producing a like-for-like comparison, a time period of 2008-2025 has been used for both sets of data (matching what was published in the RDS 2035). The projected new dwelling requirement for 2008 to 2025 has decreased from 189,500 (2008 based HGIs) to 128,200 (2012 based HGIs), a reduction of nearly one third.

The majority of the reduction is due to the change from the 2008 based household projections to the 2012 based household projections. Previous household projections were based on the trend from the 1991 to 2001 Census. The 2012 based household projections are the first to be based on more up-to-date trend data on household formation between the 2001 and 2011 Census. A short summary of the main reasons for the downward revision of household projection figures are as follows:

• The basis for the household projections is the population projections. Estimated future population size was revised downward from the 2008 based population projections to the 2012 based population projections.

• Estimates of average household size are higher for the 2012 based household projections compared to the 2008 based projections

For details of differences between 2008 based and 2012 based household projections, see the next section “Changes to data since 2008 based HGIs”.

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Changes to data since 2008 based HGIs The changes outlined in this section include where a new data source has been used to calculate the HGIs and also if there have been any significant changes to a data source since the last HGIs were calculated. Looking at each of the 5 key elements in the Northern Ireland level HGI calculations:

Number of households Data source: NISRA household projections (2012 based).

Changes to data The latest household projections (2012 based) replaced the previous household projections (2008 based).

The 2012 based figures are lower than the 2008 based figures. A similar downward revision of household projection figures was noted in other UK countries. Some of the reasons for the decrease of Northern Ireland household projection figures are as follows: • The change in household formation trends 2012 based household projections use the latest trend from the 2001 to 2011 Census. Previous household projections (including 2008 based) used the trend from the 1991 to 2001 Census.

• Estimates of average household size are higher This is connected to the change in household formation trends. Higher average household size in the 2012 based projections means that fewer households are formed as households are larger.

• Estimates of future population size are lower The basis for the household projections is the population projections. Estimated future population size was revised downward from the 2008 based population projections to the 2012 based population projections.

For further details of differences between the 2008 based household projections and 2012 based household projections, see the methodology report on the NISRA website (“Useful links” section on page 16).

Second homes/Vacant stock Data source: Northern Ireland House Condition Survey 2011. In addition, there were data available on second homes/vacant houses from the Central Survey Unit combined survey sample 2013-14 which were used to check the figures.

Changes to data Latest figures from the 2011 NIHCS were used, replacing the figures from the 2006 NIHCS.

Changes to sample - House Condition Survey 2011 • Sample size: The sample size for the NIHCS significantly reduced in 2011 compared to the 2006 survey. In 2011, a sample size of 2,030 was selected with a full property survey completed for 1,434. In 2006, a sample size of 7,250 was selected with a full property survey completed for 5,400. The smaller sample size in 2011 meant that breakdowns were not available at LGD level.

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• Resample element: In the past, the NIHCS has included a resample element. This is a sample of properties that took part in previous surveys which enables the measurement of change over time. There was a resample element of 3,250 properties in the 2006 NIHCS. There was no resample element to the 2011 survey. This meant it was not possible to obtain information on net conversions/closures/demolitions from the 2011 NIHCS.

Net conversions/closures/demolitions Data source: Estimates produced using published Land and Property Services data on new dwelling completions and housing stock.

Change to data source The House Condition Survey had previously been used as the source for these data. As outlined in the “Second homes/Vacant stock” section, there was no resample element to the 2011 NIHCS which meant that it was not possible to obtain information on net conversions/closures/demolitions.

Calculation of estimates Housing stock numbers and new dwelling completions data from LPS were used to give some guidance on approximating net stock loss data. Estimates were produced as follows: • Take housing stock at the beginning of the year (LPS NI Housing Stock publication) and add in new dwellings completed during the year (LPS NI Building Control Starts and Completions publication). If no net stock loss, this figure would be the total housing stock at the end of the year. • Compare this estimated “housing stock if no loss” figure with the actual housing stock at the end of the year (LPS NI Housing Stock publication). If the actual housing stock is less than the estimated “housing stock if no loss”, this would suggest that some stock has been lost during the year. • Subtract actual housing stock at the end of the year from estimated “housing stock if no loss” to get an estimate for net stock loss during the year.

Due to the nature of the data and considering these figures are estimates, there can be wide variation from year to year. Therefore, averages have been taken over a number of years to smooth the variations in the data and look at longer term trends.

Total stock Data source: LPS Northern Ireland Housing Stock publication

Change to data Previously this figure had been taken from DSD’s annual Northern Ireland Housing Statistics publication which used a number of sources for the data including LPS and NIHE. The reasons for changing to the LPS NI Housing Stock publication are as follows:

• LPS have only started to publish the NI Housing Stock report. It was first published in Summer 2015. It was therefore not available when the 2008 based HGIs were calculated. • DSD have changed their NI Housing Statistics publication to match the LPS NI Housing Stock report.

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Local Government District (LGD) level figures – 2012 based Housing Growth Indicators

Background to LGD level estimates Each time the HGIs have been calculated, Central Statistics and Research Branch (CSRB) have produced estimates of the data at LGD level. These are produced by estimating LGD level data for each of the 5 key components of the HGIs: number of households, second homes, vacant stock, net conversions/closures/demolitions (net stock loss) and total housing stock for start year (see “Estimating LGD level data for each of the 5 key components” on page 7). The individual components are then combined to produce the HGIs at LGD level.

Regional Planning have used these as a starting point but also take into account other issues such as the aims of the Regional Development Strategy (RDS). They take the final decision on the figures.

Issues when producing LGD level data There are fewer data sources available to calculate the HGIs at LGD level. Some data that are robust for Northern Ireland are not robust when broken down to LGD level. In addition, some data that were used in the past are no longer available or not available at present (see “Data sources used” (pages 1 to 2)).

Methodology used for previous LGD level HGIs

For the 2002 based LGD level HGIs A range of data was considered including the figures produced by estimating LGD level data for each of the 5 key components of the HGIs, data calculated by apportioning the NI level HGI using housing starts data and the original RDS housing allocation figures. The final figures published were decided by policy colleagues.

For the 2004 based LGD level HGIs When updated 2004 based household projections became available the NI level HGI figure was recalculated using the updated projections (all other assumptions remained the same). The NI total HGI figure was apportioned to LGDs using the 2002 based LGD level HGIs.

For the 2008 based LGD level HGIs Methodology The LGD level 2008 based HGIs were created by apportioning the NI level figure to the various LGDs using the 2004 based HGI data covering the time period 1998-2015. This methodology was decided on to take account of the aims of the RDS 2035. Feasibility of using 2008 based methodology for 2012 based HGIs It has been determined that it would not feasible to use the 2008 based methodology for producing the 2012 based LGD level HGIs because: • These data are based on the time period 1998-2015 so are now obsolete.

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• The LGDs have since changed from 26 to 11. The new HGIs are based on the 11 LGD model. It would not be possible to recreate previous HGIs for the new 11 LGDs.

• Although it is possible to produce estimates for the 11 LGDs by amalgamating the old 26 LGDs as appropriate, previous HGIs were not produced for all 26 LGDs. They presented a figure for the Belfast Metropolitan Urban Area (BMUA) as a whole with no breakdown into the component LGDs. Therefore although it would be possible to estimate data for some of the new 11 LGDs, without the individual LGDs within the BMUA it would be impossible to produce reliable estimates for all 11 new LGDs.

2012 based LGD level HGIs As described in the previous section, it is not feasible to use the 2008 based LGD level HGIs methodology for creating the 2012 based LGD level HGIs. Instead, Regional Planning are considering the LGD level HGIs produced by estimating LGD level data for each of the 5 key components of the HGIs (see “Estimating LGD level data for each of the 5 key components” below). They take the final decision on the figures to be used for the Housing Growth Indicators to ensure they are in line with the aims of the Regional Development Strategy 2035.

Note that the LGD level figures are constrained to add to the Northern Ireland HGI total of 94,000.

Estimating LGD level data for each of the 5 key components LGD level data are approximated for each of the 5 key components of the HGIs individually (number of households, second homes, vacant stock, net conversions/ closures/demolitions (net stock loss) and total housing stock for start year). These key components are then combined to form the projected new dwelling requirement for each LGD for the time period 2012 to 2025.

Appendix 3 (pages 12 to 14) contains details of the data used for estimating each of the key components at LGD level including any changes from the 2008 based data. The figures calculated and the projected new dwelling requirement for each LGD are given in Table 3.1 (page 12).

For each LGD, a comparison of these figures with the average number of new dwelling completions over the 2010-11 to 2014-15 time period has been included (see Appendix 4 page 15). This demonstrates that the data are in line with the recent new dwelling completion rates.

Final estimates for LGD level HGIs

Regional Planning have considered the figures presented in Table 3.1 (Appendix 3 page 12) and have accepted these as the LGD level HGIs.

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Appendix 1

Northern Ireland Housing Growth Indicators 2012-2025- Northern Ireland level

Table 1.1: Estimate of total housing need in Northern Ireland 2012-2025 Year of Variable data Value1 Source (A) Number of 2025 768,300 2012 based NISRA household households projections (B) Second homes 2025 10,800 1.4% of occupied housing stock. Derived from 2011 NIHCS and expert consultation. (C) Vacant stock 2025 60,400 7.2% of total housing stock. Derived from 2011 NIHCS and expert consultation. (D) Net conversions/ 2012 to 13,000 1,000 loss per annum. Net closures/ demolitions 2025 stock loss estimated using LPS housing stock and new dwelling completions data. (E) New stock estimate 2025 852,500 Sum of (A), (B), (C), & (D) (F) Total stock 2012 758,500 LPS Northern Ireland Housing Stock publication (G) Projected new 2012 to 94,000 (E) minus (F) dwelling requirement 2025

1 Estimates are rounded to the nearest hundred. Totals may not add due to rounding.

(A) Number of households 2025: The estimate of the number of households in 2025 of 768,300 comes from the 2012 based household projections produced by NISRA.

(B) Second homes 2025: The term ‘second home’ used in this calculation relates to a dwelling, not permanently occupied, whose owner resides principally in another dwelling. This includes holiday homes and residences used for easy access to business, but excludes dwellings privately rented to other tenants. Following research, two potential data sources for second homes data were identified: the NI House Condition Survey 2011 and the Central Survey Unit combined survey sample 2013-14 (see “Data sources used” section (pages 1 to 2)). The NIHCS data have been the source of these data for previous HGIs. Looking at NIHCS second homes and occupied housing stock indicates that second homes approximates to around 1.4% of occupied housing stock. Looking at the data in the CSU combined survey sample confirms this factor of 1.4%. Applying this factor to the data gives an estimated second homes figure of 10,800 in 2025.

(C) Vacant stock 2025: Three possible data sources were identified for these data: the 2011 Census, the NI House Condition Survey 2011 and the Central Survey Unit combined survey sample 2013-14 (see “Data sources used” (pages 1 to 2)). The 2011 Census reported that 6.0% of household spaces were without usual residents. This is an approximate measure of vacant houses. In NIHCS 2011, the proportion of vacant properties was 7.2%. In the combined survey sample 2013-14, this proportion was 7.7%. 8

The NIHCS 2011 figure of 7.2% is between the Census 2011 and CSU combined survey sample figures. Also, the NIHCS was the source of these data in previous HGI calculations and this survey will be repeated. Therefore the NIHCS figure of 7.2% will be used for the proportion of vacant stock. This results in a estimated vacant stock figure of 60,400 in 2025.

(D) Net conversions/closures/demolitions 2012 to 2025: As there was no resample element to the NIHCS 2011, this could not be used as a source for these data (see “Changes to data since 2008 based HGIs” on page 4). Estimates were produced, using housing stock numbers and new dwelling completions data from LPS, to give some guidance on approximating these data (see “Calculation of estimates” section on page 5). These estimates suggest a figure of over 1,000 stock loss per annum. NI Housing Executive figures on net demolitions, conversions and closures suggest a figure of 500 per annum (January 2013) and 300 per annum (November 2014) based on professional judgement and number of Housing Executive demolitions. The LPS figures represent all Northern Ireland housing stock so it has been decided to give precedence to these estimates but also take into account NI Housing Executive estimates which are lower. Considering the estimates available, it has been decided to use a figure of 1,000 net stock loss per annum. Figures based on longer trend data are higher than 1,000 but NI Housing Executive estimates are lower. The latest net stock loss estimate based on the average of the most recent 2 years (2013-14 to 2014-15) is 1,000 per annum. This results in an estimated stock loss of 13,000 dwellings over the period.

(E) New stock estimate 2025: This is calculated by adding the estimated number of second homes (B), vacant stock (C) and stock loss adjustment (D) to the estimated number of households (A). This results in a stock estimate of 852,500 in 2025.

(F) Total stock 2012: The LPS publication ‘Northern Ireland Housing Stock’ reports on data from the NI Valuation List (see “Data sources used” on page 2). At April 2012, total NI housing stock was 758,500. Note that the previous source for this figure, DSD’s NI Housing Statistics publication, will be publishing the figures reported in LPS’s NI Housing Stock publication in the future.

(G) Projected new dwelling requirement 2012 to 2025: This is calculated by subtracting the 2012 total stock figure (F) from the 2025 total stock estimate (E).

This results in a projected new dwelling requirement of 94,000 between 2012 and 2025 (approximately 7,200 per annum).

Comparing 2012 based HGIs with LPS new dwelling completions data Note that the numbers of new dwelling completions in Northern Ireland in the past 5 years are as follows: 2010-11 6,117 2011-12 5,687 2012-13 5,528 2013-14 5,316 2014-15 5,506 So a figure of around 7,200 per annum can accommodate the current level of completions and would allow for some growth in the future.

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Table 1.2 NI level HGIs if lower estimates were used Year of Variable data Value1 Source (A) Number of 2025 768,300 2012 based NISRA household households projections (B) Second homes 2025 7,700 1% of occupied housing stock. Derived from 2011 NIHCS.

(C) Vacant stock 2025 49,500 6.0% of total housing stock. Derived from 2011 Census.

(D) Net conversions/ 2012 to 3,900 300 loss per annum. Net stock closures/ demolitions 2025 loss estimate from NI Housing Executive net stock model. (E) New stock estimate 2025 829,400 Sum of (A), (B), (C), & (D)

(F) Total stock 2012 758,500 LPS Northern Ireland Housing Stock publication (G) Projected new 2012 to 70,900 (E) minus (F) dwelling requirement 2025

1 Estimates are rounded to the nearest hundred. Totals may not add due to rounding.

(A) No change to the number of households at 2025 figure.

(B) Second homes proportion is usually rounded to nearest whole number. As the proportion to 1 decimal place has been confirmed by 2 data sources, 1.4% has been used. However, for previous HGI calculations, 1% would be used.

(C) Three data sources were identified for vacant stock. If the figure from the 2011 Census was used, the proportion of vacant stock would be 6.0%.

(D) If the net stock loss figure from the NI Housing Executive net stock model at November 2014 was used, the loss per annum would be 300 dwellings.

(E) New stock estimate = (A) + (B) + (C) + (D)

(F) No change to the total stock at 2012 figure.

(G) Projected new dwelling requirement = (E) – (F)

Summary of model with lower estimates If the lower estimates were used, the result would be a projected new dwelling requirement of 70,900 between 2012 and 2025 (approximately 5,500 per annum). When compared to the NI level HGI which will be used (94,000), this is a decrease of 23,100 dwellings which is a reduction of one quarter.

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Appendix 2

Comparison of 2008 based HGIs and 2012 based HGIs

Table 2.1: Comparing 2008 based HGIs published in RDS 2035 to latest 2012 based HGIs for the 17 year time period 2008 to 2025

2008 2012 Change Year of based Year of based from 2008 Variable data HGIs Source (2008 based HGIs) Variable data HGIs Source (2012 based HGIs) based HGIs (A) Number of 2025 826,500 2008 based NISRA household Number of 2025 768,300 2012 based NISRA household -58,200 households projections households projections

(B) Second homes 2025 8,300 1% of occupied housing stock. Second homes 2025 10,800 1.4% of occupied housing stock. 2,500 Derived from 2006 NIHCS and Derived from 2011 NIHCS and expert consultation. expert consultation. (C) Vacant stock 2025 50,500 5.7% of total housing stock. Vacant stock 2025 60,400 7.2% of total housing stock. 9,900 Derived from 2006 NIHCS and Derived from 2011 NIHCS and expert consultation. expert consultation. (D) Net conversions/ 2008 to 34,000 2,000 losses per annum. Net conversions/ 2008 to 17,000 1,000 loss per annum. Net -17,000 closures/ 2025 Derived from 2006 NIHCS and closures/ 2025 stock loss estimated using LPS demolitions expert consultation. demolitions housing stock and new dwelling completions data. (E) New stock 2025 919,300 Sum of (A), (B), (C), & (D) New stock 2025 856,500 Sum of (A), (B), (C), & (D) -62,800 estimate estimate (F) Total stock 2008 729,800 DSD Analytical Services Unit Total stock 2008 728,300 LPS Northern Ireland Housing -1,500 Stock publication Note that this is the latest 2008 housing stock figure. It has been revised since the publication of the 2008 based HGIs (G) Projected new 2008 to 189,500 (E) minus (F) Projected new 2008 to 128,200 (E) minus (F) -61,300 dwelling 2025 dwelling 2025 requirement requirement

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Appendix 3

LGD level Northern Ireland Housing Growth Indicators 2012-2025 - Estimating each of the 5 key components

Table 3.1: Estimate of housing need by Local Government District 2012-2025

A B C D E F G Number of Second Vacant Net Conversions, New Stock Housing Projected Households Homes Stock Closures and Estimate Stock New Dwelling Local Government District Demolitions Requirement 2025 2025 2025 2012 to 2025 2025 2012 2012 to 2025

Antrim & Newtownabbey 58,400 400 4,600 200 63,600 56,400 7,200 Armagh, Banbridge & Craigavon 86,600 800 5,400 2,200 95,000 80,600 14,400 Belfast 147,900 2,200 15,300 2,300 167,700 154,000 13,700 Causeway Coast & Glens 57,300 3,700 5,600 2,100 68,700 62,000 6,700 Derry & Strabane 59,400 300 3,800 900 64,300 59,300 5,000 Fermanagh & Omagh 45,700 900 4,500 600 51,700 47,200 4,500 Lisburn & Castlereagh 60,400 500 3,500 700 65,000 55,400 9,600 Mid & East Antrim 57,800 100 4,100 800 62,800 57,400 5,400 Mid Ulster 55,200 100 3,800 1,500 60,600 51,100 9,500 Newry, Mourne & Down 70,900 900 5,100 500 77,400 66,500 10,900 North Down & Ards 68,800 1,000 4,900 1,100 75,800 68,700 7,100

Northern Ireland 768,300 10,800 60,400 13,000 852,500 758,500 94,000

Cells are rounded to the nearest 100. Calculations have been worked out using unrounded data. Therefore summing individual figures in the table above may not add to total.

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(A) Number of households 2025 Data source: 2012 based household projections

To produce LGD level data: Household projections data have been calculated for the new 11 LGDs.

Changes to data The latest household projections (2012 based) replaced the 2008 based household projections. The 2012 based figures are lower than the 2008 based figures (see “Number of households” section on page 4 for some of the reasons why the figures are lower).

(B) Second homes 2025 Data source: Central Survey Unit combined survey sample 2013-14

To produce LGD level data: NI level figure for second homes of 10,800 was apportioned using LGD level second homes data from the combined survey sample.

Changes to data source The figures for the 2008 based LGD level HGIs were primarily based on apportioning the NI level second homes figure using the NI House Condition Survey (NIHCS) 2006. The 2011 NIHCS sample size was reduced and meant that data could not be broken down to LGD level. Therefore an alternative data source had to be used.

(C) Vacant stock 2025 Data source: Central Survey Unit combined survey sample 2013-14

To produce LGD level data: NI level figure for vacant stock of 60,400 was apportioned using LGD level vacant data from the combined survey sample.

Changes to data source Previously the NI level figure for vacant stock was apportioned using LGD level vacant stock data provided by DSD (from Land and Property Services (LPS) data). In October 2010, LPS introduced the Rating of Empty Homes policy which means all properties, including vacant properties, are liable for rates. As a result owners/residents do not have to inform LPS if the property is vacant. This policy change has meant that LPS data can no longer be used as a source for vacant housing stock.

(D) Net conversions/closures/demolitions 2012 to 2025 Data source : Estimates produced using published Land and Property Services data on new dwelling completions and housing stock.

To produce LGD level data: Approximations were produced for each LGD as per the estimation of the NI level figure (see “Calculation of estimates” section on page 5). These LGD level data have been used to apportion the NI level net conversions/closures/ demolitions figure of 13,000.

Change to data source Previously a special data download was requested from LPS of properties with the classification ‘hereditament demolished’ and the sub classification ‘BSITE’. The NI level figure for net conversions/closures/demolitions was apportioned using these data at LGD level. These classifications are no longer available.

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Issues to note • Approximating new 11 LGDs using old 26 LGDs New dwelling completions are only available for the old 26 LGDs. Therefore data had to be approximated by adding the old LGDs to form the new 11 LGDs. Not all of the new 11 LGDs are an exact match for the old LGD boundaries. However the majority are either a good approximation or an exact match.

Only the new Belfast LGD and new Lisburn and Castlereagh LGD are not readily approximated from the old LGDs (Belfast, Lisburn, Castlereagh). A number of wards in the old Lisburn and old Castlereagh LGDs are now in the new Belfast LGD. To produce a better approximation for these new LGDs, a proportion (calculated by looking at the change in housing stock comparing the old LGDs to the new LGDs) was added into the old Belfast LGD to form the new Belfast LGD and the same amount taken out of the old Lisburn and Castlereagh LGDs to form the new Lisburn and Castlereagh LGD.

• Using average over 4 years As per the NI level figure, due to the nature of the data there can be wide variation from year to year. Therefore averages have been taken over a number of years to smooth the variations in the data and look at longer term trends.

Data over the 2 year period (2013-14 to 2014-15) has been used for the NI level HGIs. However, looking at data over this time period and also the 3 year time period (2012-13 to 2014-15), there was an overall gain in some LGDs which would lead to houses being removed from the estimates for these areas.

There was a net stock loss for all LGDs looking at the data over the 4 year time period (2011-12 to 2014-15). It was therefore decided to use data based on the 4 year time period.

(E) New stock estimate 2025 The new stock estimate for 2025 is calculated by adding the estimated number of second homes (B), vacant stock (C) and stock loss adjustment (D) to the estimated number of households (A) for each Local Government District area.

(F) Total stock 2012 Data source: LPS NI Housing Stock publication

To produce LGD level data: Data are available for the new 11 LGDs from this publication

Changes to data source The LPS NI Housing Stock publication has only been published since Summer 2015 and therefore was not available for the 2008 based HGIs. Previously the NI level figure for total stock was taken from the DSD NI Housing Statistics report. This was then apportioned using LGD level total stock data provided by DSD (from LPS data). DSD is now using data from the LPS NI Housing Stock publication in their NI Housing Statistics report.

(G) Projected new dwelling requirement by LGD for 2012 to 2025 This is calculated by subtracting total stock estimate for 2012 (F) from total stock estimate for 2025 (E) for each LGD.

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Appendix 4

Comparison of LGD level Housing Growth Indicators 2012-2025 with recent new dwelling completion rates

Projected new dwelling Comparison with recent Local Government District requirement 2012-20251 completion rates2

Antrim and Newtownabbey 7,200 dwellings 5,265 (405 x 13) Armagh, Banbridge and 14,400 dwellings 8,385 (645 x 13) Craigavon Belfast 13,700 dwellings 11,830 (910 x 13) Causeway Coast and Glens 6,700 dwellings 5,707 (439 x 13) Derry and Strabane 5,000 dwellings 4,745 (365 x 13) Fermanagh and Omagh 4,500 dwellings 4,498 (346 x 13) Lisburn and Castlereagh 9,600 dwellings 8,099 (623 x 13) Mid and East Antrim 5,400 dwellings 4,693 (361 x 13) Mid Ulster 9,500 dwellings 6,474 (498 x 13) Newry, Mourne and Down 10,900 dwellings 7,046 (542 x 13) North Down and Ards 7,100 dwellings 6,448 (496 x 13)

1 Estimate of housing need by Local Government District 2012-2025 (see Table 3.1, Appendix 3 on page 12) - derived by estimating each of the 5 key components at LGD level and combining to form the HGI for each LGD. 2 An approximate figure of new dwelling completions per annum (given in brackets) has been worked out using LPS new dwelling completions data over the time period 2010-11 to 2014-15. 2012 to 2025 is a 13 year period so the annual figure has been multiplied by 13 to give a figure that can be compared with the projected new dwelling requirement 2012-2025. Data for the new 11 LGDs is only available from April 2015. Data for the old 26 LGDs are available from 2010 up to March 2015. Therefore data for the new 11 LGDs have been approximated using the old 26 LGDs as follows: New LGD Old LGDs used to form new LGD Antrim and Newtownabbey Antrim LGD + Newtownabbey LGD Armagh, Banbridge and Craigavon Armagh LGD + Banbridge LGD + Craigavon LGD Belfast See methodology outlined in “Approximating new 11 LGDs using old 26 LGDs” on page 14 Causeway Coast and Glens Ballymoney LGD + Coleraine LGD + Limavady LGD + Moyle LGD Derry and Strabane Derry LGD + Strabane LGD Fermanagh and Omagh Fermanagh LGD + Omagh LGD Lisburn and Castlereagh See methodology outlined in “Approximating new 11 LGDs using old 26 LGDs” on page 14 Mid and East Antrim Ballymena LGD + Carrickfergus LGD + Larne LGD Mid Ulster Cookstown LGD + Dungannon LGD + Magherafelt LGD Newry, Mourne and Down Down LGD + Newry and Mourne LGD North Down and Ards Ards LGD + North Down LGD

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Useful Links

Details of the household projections data and methodology are available on the NISRA website at: http://www.nisra.gov.uk/demography/default.asp21.htm

RDS 2035 available on the DRD website at: https://www.drdni.gov.uk/publications/regional-development-strategy-2035

Details on the NI Housing Executive Northern Ireland House Condition Survey (including results from the survey) are available on the NIHE website: http://www.nihe.gov.uk/index/corporate/housing_research/house_condition_survey.htm

Land and Property Services NI Building Control Starts and Completions publication is available on the DFP website: https://www.dfpni.gov.uk/topics/statistics-and-research/new-dwelling-statistics

Land and Property Services NI Housing Stock publication is available on the DFP website: https://www.dfpni.gov.uk/topics/statistics-and-research/housing-stock-statistics

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Unclassified

ITEM 9

Ards and North Down Borough Council

Report Classification Unclassified

Council/Committee Planning Committee

Date of Meeting 05 November 2019

Responsible Director Director of Regeneration, Development and Planning

Responsible Head of Head of Planning Service

Date of Report 15 October 2019

File Reference

Legislation

Section 75 Compliant Yes ☒ No ☐ Other ☐ If other, please add comment below:

Subject Update on NI Planning Portal Replacement Project

Attachments Item 9a - DFI letter to SOLACE February 2019 Item 9b - Chief Executive letter to DFI 29 March 2019

Background

The Northern Ireland Planning Portal (NIPP) provides the public website interface which citizens use to find out information and comment on planning applications. It also provides back-office software that the Council’s Planning Department uses to process planning applications as well as supporting the administration of regional property certificates.

The NIPP was implemented by the former Department of Environment in 2010 as a central IT solution and was inherited by the 11 councils as a shared system in 2015 on the transfer of planning powers to local government. The NIPP is coming to the end of its natural life and is due to be replaced. Alongside the Department for Infrastructure (DfI) and other 10 councils, Ards and North Down BC is participating in a regional project to replace the NIPP.

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The Council agreed to support the project in March 2019 following consideration by the Planning Committee at its meeting of 5 March 2019 (see letters dated 11 February and 29 March respectively, attached). The need to replace the Planning Portal is identified as a risk within the Planning Service Unit Plan.

Regional project

The Department issued an Outline Business Case for the project in January 2019 which was accepted by all 11 councils, agreeing to proceed with the procurement stage. Belfast City Council identified its commitment to the project subject to a number of qualifications which included the requirement that it must take a lead role in the project to ensure that the new IT system meets its requirements, being the best possible solution for Belfast District and wider Northern Ireland.

Ards and North Down’s Head of Planning (alongside Belfast and Derry and Strabane) has since taken a lead role, being one of three Heads of Planning that agreed the specification for the new IT system on behalf of local government; committing 1 staff to the core project team on an initial 3 month fulltime basis (April – June 2019) and since on a part-time basis.

The procurement commenced in August 2019 and the recommended supplier is expected to be selected by February 2020. The Department will then issue a Final Business Case to all councils setting out: • the preferred supplier; • the IT solution that they propose to provide; • the timescales for implementation; and • detailed implementation costs.

All 11 councils will then be asked to commit to the award of the contract. In theory, any council may at that time choose not to proceed with the contract and would be free to procure their own IT system. Whilst the possibility of this happening is not out of the question, it is considered unlikely because of the uncertain costs of a council going alone, particularly around data migration which could be extremely complex and costly. The intention will be to bring the Full Business Case to the Planning Committee next Spring for notation with the final decision on whether to proceed with the contract for a regional IT system being made by the Council.

Outline Business Case

The Outline Business Case (OBC) agreed by local government recommended:

• that the NIPP is replaced with a single regional IT system shared between the 11 councils and DfI; • that the IT system will be a “Commercial Off The Shelf” (COTS) product to meet the requirements of the regionally agreed Minimum Viable Product; • the new system will allow some local configuration to meet individual council needs (e.g. reports, templates, searching etc.); and • that procurement will follow the Competitive Procedure with Negotiation.

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The OBC was based on an 11 year contract. However, the procurement has since proceeded on the basis of a potential 20 year contract (10 + 5 + 5) with breaks.

Funding Model

As previously reported, the OBC stated that the estimated cost of the project is £26.7m over 11 years of i.e. from 2019/20. This would include £15.1m capital and £11.6m resources. These costs remain estimates at this stage and actual costs will be determined through the competitive procurement process. The change to a 20 year contract is expected to increase the project costs on a pro rata basis.

SOLACE agreed to a funding model where 45% of the costs would be funded by DfI, with the remainder to be funded by Local Government, which if divided equally would be £1.34m per council over 11 years (or average of £122k pa). SOLACE agreed to an even split of capital costs between the 11 councils with operating costs to be determined in the context of the contract awarded.

At the Planning Portal Governance Board in September 2019, the Department confirmed that the project costs for the mobilisation phase have been significantly reduced because of changes to project staff, consultancy and CPD costs. The current estimated cost is £820k compared to the OBC estimate of £1.635m. This equates to £55k per council (minus any costs associated with providing staff resources to the project team) for 2019/20. The project costs for 2020/21 are still based on the OBC and will be updated after the procurement.

Proposed timetable

The current estimated timeline for delivery of the project is set out below. The procurement requires the new IT system be implemented by April 2023 at the very latest. However, implementation is expected to be sooner.

Phase Start no later than (beginning of) Mobilisation January 2019 Procurement August 2019 Design April 2020 Build October 2020 Implement March 2022

Benefits of the new IT system

The new IT system that will replace the NIPP is expected to have the following benefits:

• ability to receive and process online planning applications for the first time in NI (this functionality has been available in England since 2002); • improved scope for customers to find planning information and self-serve;

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Unclassified

• ability for individual councils to customise standard letter and report templates (currently this is controlled centrally); • significantly improved GIS for both the public and officers; • improved case management; • support for more flexible, streamlined and efficient internal processes; • significantly enhanced reporting on data and performance; and • much greater scope for integration with other council systems.

Technical support for the existing NI Planning Portal

The current contract for the NIPP is funded exclusively by DfI and runs until December 2020. The replacement IT system is not expected to go live until 2022, which means there will be a gap of at least a year when the NIPP could be unsupported. This represents a serious service risk for each Council. The Department is currently exploring “contingency” options and has committed to giving local government an update on these at the Planning Portal Governance Board meeting in November. The Department has confirmed that it will fund any contingency and there will be no cost to local government.

Financial & Resource Implications

The Council will need to make financial provision for replacing the NIPP. According to the OBC, the cost of the regional project is £1.34m over 11 years (average of £122k pa), starting 2019/20. The cost for 2019/20 is currently estimated to be £55k.

To date the resource implications for those councils closest to Belfast (where the Project Team is based) has been significant, with staff being contributed by Ards and North Down, Belfast, Lisburn and Castlereagh, and Antrim and Newtownabbey. It has so far been difficult to backfill and thus there is significant pressure within the Development Management senior planner roles in this Council. However, it is acknowledged that continuity in respect of the Project Board is critical and it is to our advantage to contribute from our service provision perspective, thus increasing the likelihood that the new IT system best meets our needs. As aforementioned, the Council’s staff contribution will be deducted from project costs.

RECOMMENDATION

It is recommended that Council notes this report and makes provision based on the OBC, for our contribution to the NIPP in 2020/21 estimates.

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Unclassified

ITEM 11

Ards and North Down Borough Council

Report Classification Unclassified

Council/Committee Planning Committee

Date of Meeting 05 November 2019

Responsible Director Director of Regeneration, Development and Planning

Responsible Head of Head of Planning Service

Date of Report 04 November 2019

File Reference

Legislation The Planning (Control of Advertisements) Regulations (Northern Ireland) 2015

Section 75 Compliant Yes ☐ No ☐ Not Applicable ☒

Subject Issue of proliferation of Estate Agent Signage in Borough

Attachments n/a

Our purpose is to make Ards and North Down the best place to live, work, visit and invest. Our vision is that our borough will be a place to be proud of, however, on occasion that vision can be impacted by signage in inappropriate locations. Planning plays a key role in ensuring that those advertisements that require consent do not prejudice amenity or public safety.

The Council has been dealing with a sharp rise in relation to the reporting of unauthorised estate agent signage which fails to comply with the Planning (Control of Advertisements) Regulations (Northern Ireland) 2015 (‘the Ad Regs’).

The display of an unauthorised advertisement is an offence under Section 175 of the Planning Act (Northern Ireland) 2011 and therefore anyone who displays an advertisement in contravention of the Ad Regs could be prosecuted by the Council.

The proliferation of these unauthorised estate agent signs can have a significant detrimental impact on the character of an area and a number of residents’ associations and groups have complained to the Council in this regard.

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The Planning Department has been attempting to proactively manage the issue of unauthorised estate agent signage through the progressing of enforcement cases.

In January 2017 a letter was issued from the Planning Department to all estate agents operating in the Borough advising of the correct legislation and how estate agent signage could benefit from deemed consent and therefore wouldn’t represent a breach of the Ad Regs. This communication highlighted that this issue would continue to be monitored by the Council with a view to expediting enforcement action as appropriate.

A number of warning letters have been issued advising offending estate agents of particular breaches and seeking immediate remedial action. In the last twelve months the Council has brought to a close 102 cases relating to this issue and in most instances the signage has been removed but this may take several months, or even longer, to achieve. The Council currently has a total of 62 cases open and being actively pursued which is a total of 164 cases in the last twelve months alone.

This is a massive resource in terms of officer time and the desired effect is not being achieved as estate agents continue to flout the Ad Regs.

The Planning Department is now going to rewrite to all estate agents in the Borough to advise that any unauthorised sale or letting boards bearing the company name should be removed within 1 month of the date of the letter, and that any remaining unauthorised boards will be the subject of a direct summons without further warning.

This will subsequently result in a short-term financial cost to the Council whilst progressing these cases through the Judiciary; however, other local planning authorities in Northern Ireland that have taken this action have recovered all court costs in connection with the prosecution.

Once this letter issues and the message communicated to all estate agents it is hoped to see a significant decrease in the proliferation of unauthorised estate agent signage in the Borough. This will assist with reducing numbers of enforcement cases dealt with by the Planning enforcement section and ultimately increase efficiencies in other areas.

Whilst enforcement is delegated to the Planning Department, this report is to highlight the issue and provide information to Members in the event of any publicity arising out of this course of action.

RECOMMENDATION

Recommendation: It is recommended that the Council notes this report.

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