Meeting Pack Derry City and Strabane District Council
Dear Member of Planning Committee
You are hereby summoned to attend the monthly meeting of the Planning Committee to be held in the Council Chamber, Guildhall, Derry on Wednesday 6 June 2018 at 2.00pm.
Yours faithfully
John Kelpie Chief Executive
AGENDA
1 Notice and Summons of Meeting
2 Member Attendance and Apologies
3 Declarations of Member's Interests
Open for Decision
4 Chairperson's Business
5 Confirmation of the Open Minutes of the Planning Committee held on Wednesday 9 May 2018 (Pages 1 - 14)
6 Matters Arising
7 Planning Applications List with Recommendation for Decision (Pages 15 - 136)
8 Donegal County Council - Consultation on Proposed Material Alterations to the Draft Seven Strategic Towns Local Area Plan 2018-2024 (Pages 137 - 142) Open for Information
9 Appeals Update (Pages 143 - 148)
10 Thornhill Application Update (Pages 149 - 150)
11 Reconsideration Process (Pages 151 - 152)
12 Local Development Plan (LDP 2032) - Project Update (Pages 153 - 160)
13 List of Decisions Issued - May 2018 (Pages 161 - 172)
30 May 2018 Agenda Item 5
Derry City and Strabane District Council
Open Minutes of the Planning Committee Meeting held in the Council Chamber, Guildhall, Derry on Wednesday 9 May 2018 at 2.00pm.
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Present: - Councillor D Kelly (Chairperson), Aldermen Bresland, Kerrigan, McClintock; Councillors Boyle, Dobbins, Gardiner, Hastings, Jackson, Logue, McCauley, McGuire and R McHugh.
In Attendance: - Director of Environment & Regeneration (Mrs K Phillips), Lead Legal Services Officer (Mr P Kingston), Development Officer (Mr E Molloy); Principal Planning Officers: (Mrs S McCracken, Mrs A McNee, Mr P McCaughey); Planning Officers: (Mrs R McMenamin and Mr K Donaghey)
Business Officer (Mrs L McKean), Committee Services Assistant (Mrs J Short)
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P79/18 Notice and Summons for Meeting
The PPO read the Notice and Summons for the Meeting.
P80/18 Member Attendance and Apologies
Apologies were noted for Alderman M Hamilton.
P81/18 Declaration of Members’ Interests
Councillors Gardiner and McGuire declared an interest in planning application LA11/2016/0597/F.
Open for Decision
Chairperson’s Business
P82/18 Late Information Received
The Chair referred to late information received regarding Planning Applications: LA11/2016/0854/O and LA11/2016/0947/F which had subsequently been circulated to Members prior to the start of the meeting. He advised that Members would be given the
Page 1 opportunity to review the information prior to the presentation of the applications later in the meeting.
P83/18 Special Planning Committee Meeting Request
Members noted that a Special Planning Committee Meeting would be scheduled to take place on Tuesday 29 May 2018 (time to be confirmed) in the Chamber, Derry Road, Strabane.
P84/18 Confirmation of the Open Minutes of the Planning Committee Meeting held on Wednesday 11 April 2018
The Open Minutes of Planning Committee Meeting held on 11 April 2018 (P63/P75/18) were agreed and signed by the Chair of Committee.
P85/18 Matters Arising
There were no matters arising from the minutes.
P86/18 Planning Application List with Recommendation for Decision
The following planning applications for decision were presented by the Planning Case Officers:
DEFERRAL / OVERTURN / RECONSIDERED APPLICATIONS:
LA11/2017/0875/O - 1 No residential dwelling at Hilltop Farm, Elagh, Upper Galliagh Road, Derry
The PPO presented the above application, details of which had been previously circulated to Members. She updated Members on the background to the application and based on material consideration recommended an approval, subject to the conditions as outlined within the report.
Councillor Logue moved, seconded by Councillor Boyle to accept the recommendation to approve planning permission, subject to the conditions as outlined within the report.
The outcome of the vote; For 10, Against 0, Abstention 1. The proposal was carried.
The Committee
Resolved that planning application LA11/2017/0875/O be approved planning
Page 2 permission, subject to the conditions as outlined within the report.
Councillor R McHugh joined the meeting.
LA11/2016/0854/O - New dwelling and access, 154 Culmore Road, Derry,
The PPO presented the above application, details of which had been previously circulated to Members. An overview on the current position of the application was provided and based on material consideration (including late information received) it was recommended to refuse planning permission, for reasons as outlined within the report.
Mr David Young, agent on behalf of the applicant addressed the Committee Members and outlined reasons to support approval of the application. He then provided clarification on a number of queries raised by Members in relation to Transport NI and sight line requirements.
The PPO further clarified that the application was for a new dwelling with new access to Culmore Road and the existing dwelling would be retained with re-location of existing access to Culmore Road. She further advised that, as outlined, the proposal was contrary to Policy AMP 2 of Planning Policy Statement 3.
Councillor Boyle moved, seconded by Councillor Hastings to defer the application for one month, to allow for consultation with DfI Roads.
The outcome of the vote; For 6, Against 6, Abstention 0. The casting vote resulted in the proposal being carried.
Page 3 The Committee
Resolved that planning application LA11/2016/0854/O be deferred for one month to allow for consultation with DfI Roads.
LA11/2017/0346/O - Replacement dwelling, 12 Gortnessy Road, Derry
The PPO presented the above planning application, details of which had been previously circulated to Members. She provided an update on the current position of the application and recommended an approval subject to the conditions as outlined within the report.
Alderman McClintock moved, seconded by Councillor Hastings to accept the PPO’s recommendation to approve planning permission.
The outcome of the vote was unanimous support of the proposal.
The Committee
Resolved that planning application LA11/2017/0346/O be approved planning permission, subject to the conditions as outlined within the report.
LA11/2017/0733/O - Dwelling and garage, approx. 30m West/North West of No 51 Towncastle Road, Holyhill, Strabane.
The PPO presented the above application returned to Committee following presentation at a previous meeting as Members had voted not to accept the Officer recommendation. An overview of the application was given and, based on material consideration and in line with planning policy, it was recommended to approve planning permission subject to the conditions as outlined within the report.
Councillor Boyle moved, seconded by Councillor McGuire to accept the recommendation to approve planning permission subject to the
Page 4 conditions as outlined within the report and to include compliance with CTY2a.
The outcome of the vote; For 10, Against 0, Abstention 2. The proposal was carried and the Committee:
Resolved that planning application LA11/2017/0733/O be approved planning permission subject to the conditions as outlined within the report and inclusion of compliance with CTY2a.
NEW APPLICATIONS
LA11/2016/0947/F - Proposed retention of single storey lean-to shed to the end of existing car repair workshop and proposed retention of 2 No. Flues on roof of car repair workshop used for oven for paint spray for car parts at No. 51B Beragh Hill Road, Derry.
The PO presented the above report, details of which had been previously circulated to Members. He provided an overview of the application and, having considered all relevant policy, material considerations and representations, recommended an approval subject to the conditions as outlined within the report.
Ms McGonagle addressed the Committee in objection to the application.
Mr Gill, applicant, addressed the Committee and outlined reasons to support the recommendation to approve planning permission.
Councillor Boyle commented that whilst he understood the frustrations the objector had in relation to the application, he was content that the Planning Officer had examined all objections as outlined within the report. He proposed to accept the recommendation to approve planning permission subject to the conditions as outlined within the report. Alderman McClintock seconded the proposal.
Page 5 The PPO advised that a condition should be attached to the approval to restrict the paint spraying for car parts only, however Members disagreed.
The outcome of the vote; For 10, Against 0, Abstention 2. The proposal was carried.
The Committee
Resolved that planning application LA11/2016/0947/F be approved planning permission, subject to the conditions as outlined within the report.
LA11/2018/0050/F - Proposed 2 storey light industrial building (class B2) with ancillary office accommodation, boundary fence, generator store, transformer station, smoking shelter, cycle shelter, car parking, landscaping and associated works on lands 150m west of units 1-3 Elagh Business Park, Buncrana Road, Derry.
The PPO presented the above planning application, details of which had been previously circulated to Members. She updated Members on the background to the application and, based on material consideration and in line with planning policy, recommended an approval, subject to the conditions as outlined within the planning report.
The agent addressed the Committee to advise he was content to answer any questions.
Councillor Boyle moved, seconded by Councillor McCauley to support the recommendation to approve planning permission.
Page 6 The outcome of the vote was unanimous support of the proposal.
The Committee
Resolved that planning application LA11/2018/0050/F be approved planning permission subject to the conditions as outlined in the report.
Councillor Dobbins joined the meeting.
Councillors McGuire and Gardiner declared an interest in the following application and left the meeting at this stage.
LA11/2016/0597/F - Amendments to existing 250kw wind turbine to increase tower height from 31m to 44m and to increase blade length from 14.5m to 19.5m, at 125m North of 41 Bunderg Road, Strabane.
The PPO presented the above application, details of which had been circulated to Members. She gave an overview of the application and, based on material consideration and planning policy, it was recommended to refuse planning permission for reasons as outlined within the report.
Mrs McElrea, applicant and her agent Mr McKernaghan addressed the Committee and outlined reasons to support approval of the application.
Alderman Hussey spoke in support of the application.
Councillor Boyle expressed the opinion that he would not be comfortable with making a decision on the application based on the information presented. He said that he would also question the significance a change of size of the existing turbine would have on the site.
Alderman McClintock commented that she was not convinced that the visual impact was significant and the fact that no objections had been submitted she was of the opinion to support approval of the application.
Page 7 Councillor Jackson said that he would have concerns that the landscape character would be devalued because of an increase in size of the existing turbine. He also referred to the risk of setting a precedent in terms of similar applications being submitted in the future.
Discussion ensued after which Councillor Dobbins moved, seconded by Alderman McClintock not to accept the PPO’s recommendation to refuse planning permission, as it was felt the application was not contrary to RE1 and para 4.1 of PPS 18.
The outcome of the vote was; For 8, Against 2, Abstention 1. The proposal was carried.
The Committee
Resolved not to accept the recommendation to refuse planning application LA11/2016/0597/F as Members were of the opinion that it was not contrary to RE1 and para 4.1 of PPS18. The application would be reconsidered and presented at a future Committee meeting.
Councillors Gardiner and McGuire returned to the meeting.
LA11/2015/0518/F
Amendment to Wind Turbine planning approval J/2009/0340/F. Erection of a wind turbine - Change in hub type from 30M to 40M and change in rotor diameter from 26M to 54M on lands 260M South West of 76 Strabane Road, Birnaghs, Newtownstewart.
The above application was deferred to allow for a site visit to assist Members in the decision making process. The application would be presented at a future Committee meeting.
Page 8 LA11/2018/0087/A
Small hoarding, fence erected eye level, 75mm above pavement. Retention of hoarding fixed to front fence at 90 Blackthorn Manor, Derry.
The PO presented the above application, details of which was previously circulated to Members. He provided an overview of the background to the application and, based on material consideration and in line with planning policy, recommended that the application be refused for reasons as outlined within the report.
Alderman McClintock moved, seconded by Councillor Boyle to accept the Planning Officer’s recommendation to refuse planning permission, for reasons as outlined within the report.
The outcome of the vote was unanimous support of the proposal. The Committee
Resolved that planning application LA11/2018/0087/A be refused planning permission for reasons as outlined within the report.
LA11/2017/0834/F
Erection of 48 dwellings (30 no. detached dwellings and 18 no. semi- detached) with detached garages, reduction in housing density, provision of public open space, cycle paths and footpaths, amalgamation of site boundaries and relocation of access points at approved house plots - 35-55, 57-69 and 164-199 of implemented permission - DOE ref no. A/2004/0897/F on lands immediately east and south of Lisneal College and to the east (rear) of Next and Boots, Crescent Link, Derry.
The PPO presented the above application, details of which was previously circulated to Members. She gave an overview of the background to the application and, based on material consideration and in line with planning policy, recommended that planning approval be granted, subject to conditions as outlined within the report.
Page 9 Councillor Hastings moved, seconded by Councillor Jackson to support the recommendation to approve planning permission, subject to the conditions as outlined within the report.
Councillor Gardiner, although having welcomed the application, she would however prefer to see more inclusive housing included in development design.
The outcome of the proposal was unanimous support of the recommendation.
The Committee
Resolved that planning application LA11/2017/0834/F be approved planning permission subject to the conditions as outlined within the report.
87/18 Notice of Opinion to Approve Planning Permission
The PPO presented the above report, a copy of which was previously circulated to Members. The purpose of the report was to advise Members on the receipt of four Notices of Opinion issued from Department for Infrastructure’s Strategic Planning Team (DfI) under Section 26(11) of the Planning Act (NI) 2011:
A/2009/0759/F – Location: Woodside Road Landfill Site, 48 Woodside Road, Newbuildings, Londonderry. Proposal: Closure works and reprofiling of former landfill site using inert materials to comply with Landfill Regulations (NI) 2003.
A/2011/0219/F – Location: Lands adjacent to 41 Lower Ballyartan Road, Lettermuck, Claudy, Londonderry. Proposal: Proposed installation of an Archimedes screw hydro-electric turbine including fish pass, modifications to existing intake, alterations to existing mill race and construction of new turbine house.
A/2012/0553/F – Location: Lands adjacent to 41 Lower Ballyartan Road, Lettermuck, Claudy, Londonderry. Proposal: Proposed installation of a fish pass to existing weir. Application associated with current planning application – A/2011/0219/F – proposed Archimedes screw hydro-electric turbine.
Page 10 J/2007/0667/F – Location: Golandun Dolan, Killeter, Castlederg. Proposal: Wind Farm consisting of 4 wind turbines each with a maximum overall base to blade tip height of 125 metres. Ancillary developments include turbine transformers located internally or externally; turbine hardstands, widening and strengthening of an existing site entrance; an electrical control building with communications antennae; construction of new and amended access tracks and junctions; underground electrical cables and communications lines connecting wind turbines to the control building; on site drainage works; temporary site compound; installation of an 80 high permanent met mast and all ancillary and associated works.
Councillor Logue referred to the delay in response time by the Department as some of the applications were dated as far back as 2007. She proposed that Council write to the Department to express Members’ concern over the length of delay in the system. Councillor McGuire proposed that Council accept the Notices of Opinion and do not wish to seek a hearing. Councillor Dobbins seconded the proposal.
The Committee
Recommended that Council does not wish to request to appear before and be heard by the Planning Appeals Commission or person appointed by the Department.
Planning Officials will write to DfI in response to the Notice of Opinion to approve the development at Woodside Road, Newbuildings; Notice of Opinion to refuse the developments at Ballyartan Road, Claudy; Notice of Opinion to approve the development at Golandun Dolan, Killeter, Castlederg, to advise that Council does not wish to appear before and be heard by the Planning Appeals Commission and also express Members’ concern in relation to the delay in the system
Page 11 for the processing of the applications.
Open for Information
P88/18 Appeals Update
The above report was presented, details of which had been previously circulated to Members. The purpose of the report was to appraise Members on planning appeals currently in the system.
The Committee
Recommended that Council notes the update on planning appeals currently in the system.
P89/18 Consultation on Draft Marine Plan for Northern Ireland
The above report was presented, details of which had been previously circulated to Members. The purpose of the report was to inform Members of the publication (18th April 2018) and consultation of the draft Marine Plan for Northern Ireland (and relevant supporting documents). The draft Marine Plan has been published by the Department of Agriculture, Environment and Rural Affairs (DAERA). The consultation period runs from 18th April to 15th June 2018.
The Committee
Recommended that Council notes the contents of the report and provide any comments to Planning Officers to allow them to formally respond during the Marine Plan for Northern Ireland consultation. Any comments to be submitted to the Head of Planning by 30th May 2018.
Page 12 P90/18 Enforcement Quarterly Report
The above report was presented, details of which had been previously circulated to Members. The purpose of the report was to update Members on the progress made by the Planning Enforcement Section for the business year 2017-2018.
The Committee
Recommended that Council notes the update on the Enforcement performance in the 2017-2018 business year and the forthcoming workshop on the Enforcement process and procedures.
P91/18 List of Decisions Issued – April 2018
The List of Decisions issued during the month of April 2018 were circulated to Members for information.
The meeting went into confidential business.
The Meeting terminated at 6.30pm.
Page 13 This page is intentionally left blank Agenda Item 7
Title of Report: Officer Presenting: Planning Case Officers
Item 7 - Planning Applications Open for Author: Planning Case Officers Decision
1 Purpose of Report/Recommendations
1.1 To present to Members, planning applications for decision.
2 Background
2.1 Following the transfer of Planning to Local Government on 1st April 2015, the Planning Committee will now decide on applications presented by Council's Planning Officers.
3 Key Issues
Summary of applications presented to Committee:
A RECONSIDERED APPLICATIONS:
1. J/2014/0248/F
Proposed domestic dwelling at 35m north-east of 31 Barron Road, Donemana, Strabane, Co Tyrone.
B SITE VISIT DEFERRALS:
2. LA11/2015/0651/F
Page 15 Construction of a 2No. turbine extension to the existing Monnaboy Wind Farm (consented under planning reg. ref A/2009/0868/F), each turbine will have a hub height not exceeding 80M and blade diameter not exceeding 82.4M, associated access tracks, underground cabling, temporary construction compound, associated works and use of the existing passing bays along the Monnaboy Road and the Dunlade Road at Monnaboy Wind Farm on land located east of 62 Monnaboy Road, Greysteel.
C NEW APPLICATIONS:
3. A/2011/0115/F
Extension to quarry including consolidation and deepening of extraction areas previously approved under planning consents A/1998/0635/F and A/442/75, retention of entrance gates and security fence, installation of wheel-wash, weighbridge and office use, use of mobile crushing and screening plant (mobile jaw crusher, mobile cone crusher and mobile screener), native species planting, landscaping and full site restoration at Gortree Quarry, Gortree Road, Gorticross, Londonderry.
Recommendation: Approve
4. LA11/2018/0330/LBC
Re-grading sandstone paving at access to front of building – alteration, New steps to side access – alteration, Cleaning of exterior walls – alteration, Demolition of temporary annex building – demolition at Building 4, Ebrington Barracks, Limavady Road, Derry.
Recommendation: Approve
5. J/2014/0189/F
New warehouse type retail outlet for sale of agricultural related goods at 237 Berryhill Road, Donemana, Strabane.
Recommendation: Approve
6. LA11/2018/0319/F
Page 16 Proposed demolition of existing sun room to rear (12m2) and erection of new single storey extension to rear and side incorporating new kitchen/dining/living area to rear, bedroom, wc and store to side and porch to front (76.1m2) at 81 Cashelmore Park, Derry.
Recommendation: Approve
4 Financial, Equality, Legal, HR, Improvement and other Implications
4.1 There are no additional costs associated with the proposed recommendations, however, Members are reminded that the protocol for Planning Committee procedures and the Code of Conduct for Councillors must be adhered to at all times to avoid risk of legal challenge and potential financial costs implications.
5 Recommendations
5.1 That Members consider and agree with the recommendations proposed.
Background Papers
Planning Report J/2014/0248/F (Appendix 1)
Planning Report LA11/2015/0651/F (Appendix 2)
Planning Report A/2011/0115/F (Appendix 3)
Planning Report LA11/2018/0330/LBC (Appendix 4)
Planning Report J/2014/0189/F (Appendix 5)
Planning Report LA11/2018/0319/F (Appendix 6)
Page 17 This page is intentionally left blank Appendix 1
Derry City and Strabane District Council Planning Committee Report
COMMITTEE DATE: 6th June 2018
APPLICATION No: J/2014/0248/F
APPLICATION TYPE: Full
PROPOSAL: Dwelling
LOCATION: 35m North East of 31 Barron Road, Donemana, Strabane
APPLICANT: Mr W Kerrigan and Ms L Craig
AGENT: ACA Architects, Cottage Studios, Gortrush, Great Northern Road, Omagh
ADVERTISEMENT: 25.09.2014
STATUTORY EXPIRY: 30.05.2017
Re-advertisement: 30.05.2017
Statutory Expiry: 15.06.2017
Recommendation: Approve
REASON FOR PRESENTATION TO COMMITTEE: Reconsideration: Return to Planning Committee following presentation at the meeting on 6th September 2017, as members requested that the applicant be afforded an opportunity to engage further with Environmental Health to explore potential mitigation of wind turbine noise.
All planning application forms, drawings, letters etc. relating to this planning application are available to view on www.planningni.gov.uk
1. Description of Proposed Development
Proposed Dwelling
2. Position
2.1 The application was presented to committee on 6th September 2017 with a recommendation to refuse. Full details of the planning report can be found at Item 8, Appendix 20 of the committee papers presented for the meeting on 6th September 2017.
Page 19 Appendix 1
2.2 Committee heard representation from Thomas Buchanan MLA on behalf of the applicant. Committee considered that the applicant should be afforded an opportunity to engage further with the Environmental Health Department (EHD) to ascertain if there were any mitigating measures which could be implemented to afford protection from wind turbine noise.
2.3 Following the committee meeting on 6th September, Planning Officers and Environmental Health Officers met with Mr Buchanan MLA on 27th September 2017.
2.4 At this meeting it was clarified that whilst the dwelling could be adequately acoustically insulated (e.g. triple glazing) so that the turbines will not be audible from within the dwelling, the anticipated noise exceedances will be experienced in the external amenity space. As the wind turbines are elevated in respect of the amenity space, acoustic walls to the boundary of the property would be ineffective in achieving an appreciable noise reduction. Mr Buchanan advised that a letter advising that the applicant’s father’s turbine would not be built could be provided. EHD explained however that even if the applicant’s father’s turbine was not built there would be noise exceedances from other approved turbines in the vicinity.
2.5 Environmental Health explained that the cumulative noise levels from all turbines that have been granted planning permission will exceed external day and night time levels for future occupants of the proposal who are not financially involved with the closest turbine.
2.6 The agent initially stated that although the closest turbine will be operated by the applicant’s father, the applicant is not financially involved with the nearest turbine (i.e ref: J/2011/0391/F).
2.7 EHD suggested that the acoustic consultant contact them to discuss the methodology for further noise assessment.
2.8 Additional acoustic assessment was submitted to Council on 20th October 2017. The report considered the impact that wind direction had on sound propagation. The potential impact that wind direction could have on noise experienced at the applicant’s proposed dwelling had not been considered in earlier reports.
Page 20 Appendix 1
2.9 Comment in respect of that assessment was provided by EHD on 4th December 2017 but it was considered that in line with the Institute of Acoustics: Good Practice Guide, corrections for wind direction should account for ‘worst case’ conditions and the modelling data provided did not account for worst case conditions (i.e. wind blowing from a north-westerly direction) and was therefore incomplete. EHD advises that based on a worse case scenario, which is wind blowing from the north-west, daytime noise limits are exceeded for someone without financial involvement.
2.10 A further opportunity to address EHD’s comments was afforded the acoustic consultant and he responded on 13th December 2017 with further noise assessment. EHD assessed this report and in their response dated 12th January 2018, remained of the opinion however that as the worst case scenario has still not been considered, daytime noise limits are exceeded for someone without financial involvement.
2.11 A further acoustic assessment was submitted on 23 February 2018 and comment was provided by Environmental Health on 30th March. EHD remained of the opinion that for non-financially involved property, noise emission levels at the proposed dwelling will still have an impact on amenity when considering the worst case scenario.
2.12 EHD further advised that:
‘should the applicant be able to demonstrate financial involvement with his father’s turbine J/2011/0391/F, the Environmental Health Service would advise that the higher financial involved noise limit of 45dB for daytime and night-time could be considered at this proposal. If the applicant can demonstrate financial involvement to the Planning Department, the Environmental Health Service would be satisfied that noise emission levels at the proposed dwelling from the nearby turbines, granted planning permission, would not exceed the higher noise limit for financially involved property’.
2.13 The applicant was then afforded the opportunity to demonstrate a financial involvement with his father’s turbine.
2.14 The Planning Department received a letter from Mr Robert Kerrigan (the applicant’s father) stating that his son, William Kerrigan (the applicant) would have a financial interest in the wind turbine approved under ref: J/2011/0391/F, in the event that it is constructed.
2.15 In respect of the letter from Mr Robert Kerrigan, Environmental Health now has no further objection to the proposed development. Committee were advised in the previous planning
Page 21 Appendix 1
report of 6th September 2017, that the dwelling accords with policy CTY 10, 13 and 14 of PPS 21, and there are no concerns regarding the siting and design of the proposal. The access requirements from DFI Roads are also met, and the proposal accords with AMP 2 of PPS 3. Therefore approval is recommended.
3. Recommendation A recommendation to approve is now recommended, subject to the following 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. During the first available planting season after the occupation of any dwelling unit hereby approved, or as otherwise agreed in writing with the Council, all landscaping shall be carried out in accordance with drawing No. 02 Revision 3 received by the Council on 5th August 2015.
REASON: In the interest of visual and residential amenity.
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 vehicular access, including visibility splays of 2.4 x 45m to the North East, and Forward Sight Distance of 45m shall be provided in accordance with the approved
Page 22 Appendix 1
drawings, prior to the commencement of any other works or other development hereby permitted.
REASON: To ensure there is a satisfactory means of access in the interests of road safety and the convenience of road users.
5. The area within the visibility splays and any forward sight line shall be cleared to provide a level surface no higher than 250 mm above the level of the adjoining carriageway before the development hereby permitted is commenced and such splays shall be retained and kept clear thereafter.
REASON: To ensure there is a satisfactory means of access in the interests of road safety and the convenience of road users
6. The access gradient(s) shall not exceed 8% (1 in 12.5) over the first 5 m outside the road boundary. Where the vehicular access crosses footway or verge, the access gradient shall be between 4% (1 in 25) maximum and 2.5% (1 in 40) minimum and shall be formed so that there is no abrupt change of slope along the footway.
REASON: To ensure there is a satisfactory means of access in the interests of road safety and the convenience of road users.
Page 23 This page is intentionally left blank Appendix 2
Derry City and Strabane District Council Planning Committee Report
COMMITTEE DATE: 6th June 2018
APPLICATION No: LA11/2015/0651/F
APPLICATION TYPE: Full
PROPOSAL: Construction of a 2No. turbine extension to the existing Monnaboy Wind farm (consented under planning reg. ref A/2009/0868/F), each turbine will have a hub height not exceeding 80M and blade diameter not exceeding 82.4M, associated access tracks, underground cabling, temporary construction compound, associated works and use of the existing passing bays along the Monnaboy Road and the Dunlade Road
LOCATION: Monnaboy Wind Farm on land located east of 62 Monnaboy Road Greysteel, Co Londonderry, BT47 3HP
APPLICANT: Gaelectric Developments Ltd
ADVERTISEMENT: 12th November 2015
STATUTORY EXPIRY: 2nd December 2015
RECOMMENDATION: Approval
REASON FOR PRESENTATION TO COMMITTEE: Major Application
All planning application forms, drawings, letters etc. relating to this planning application are available to view on www.planningni.gov.uk
This application was previously deferred for reconsideration following the flood event in August 2017. The application was presented to Planning Committee on 11 April 2018 and was deferred to allow for a site visit to be undertaken with Members and further clarification on renewable energy statistics.
A site visit took place on 27 April 2018.
Site Visit Attendees:
Councillor Christopher Jackson
Councillor Patricia Logue
Councillor Hugh Hastings
Alderman Kerrigan
Planning: Kenny Donaghey, James Duffy
Page 25 Appendix 2
1. Description of Proposed Development
The proposed extension consists of 2 no. turbines and associated infrastructure on lands within the footprint of the existing wind farm on land located east of 62 Monnaboy Road, Greysteel, Co. Derry BT47 3HP. The existing Monnaboy Wind Farm consists of 4 no. E82 turbines and associated infrastructure which received planning permission under Planning Ref: A/2009/0868/F, on the 4th October 2012. The total installed capacity of the approved Monnaboy Wind Farm is 12MW. The proposed installed capacity of the extension turbines is 6MW. The maximum turbine hub height proposed is 80m, the maximum rotor diameter proposed is 82.4m and the maximum base to blade tip height of the proposed turbines would be up to 121.2m at the point where the blades reach their highest point.
The proposed extension consists of;
2 no. turbines each having maximum height of blade tip of up to 121.2m above ground level; Foundations and Temporary crane hard standing adjacent to each turbine base; 262m of new access tracks on site; Underground cabling; Temporary contractors compound; and Turbine micro-siting areas.
The total area within the planning application boundary is 9.114ha.
Page 26 Appendix 2
Figure 1: Site location plan
Page 27 Appendix 2
Figure 2: Proposed turbine layout (existing turbine layout shown in grey)
Page 28 Appendix 2
Figure 3: Turbine elevation
2. Site and Surrounding Area
The subject site is located on the western flank of Loughermore Mountain within Derry City and
Strabane District Council (DCSDC). It is located approximately 13km south west of Limavady
12.5km east of Londonderry and 6km south east of Eglinton. Loughermore Mountain is extensively
Page 29 Appendix 2
planted with coniferous trees and separates this site and the existing Altahullion and Glencullion
wind farms which are located approximately 5km to the south east.
The site lies within the boundary of the consented and operational Monnaboy Wind Farm
(Planning Reg. ref A/2009/0868/F). The site and surrounding lands comprise primarily of upland
agricultural grassland and rough open ground used for limited livestock grazing, subdivided into
irregular shaped field parcels. The remaining portion of land comprises of rough upland peat bog,
with bedrock at or near the surface. A single occupied farm dwelling and associated farm
outbuildings exist within the western half of the site, and is accessed from the Monnaboy Road by
means of a concrete laneway. The site is bounded to the northeast, east and south by coniferous
forest, maintained by the Forestry Service, and low grade agricultural land used primarily for rough
grazing. The site is bounded to the west by Monnaboy Road, with rough grassland and low-land
bog adjoining the road.
A number of small streams, minor tributaries and networked drainage channels are mapped
throughout the site, all which eventually drain into the Meenarnet Burn.
The extent of the lands assessed within the ES are within the control of the applicant and are co-
terminus with the original site boundary of the parent application A/2009/0868/F.
3. Site Constraints
Ballygroll State Care Monument site lies approximately 4km to the south west of the proposed
site.
Glasakeeran Wedge Tomb (LDY015:001
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4. Neighbour Notification Report
5. Environmental Impact Assessment
The application was submitted with a voluntary Environmental Statement received in October 2015. Further Environmental Information was submitted on the 29th August 2016. Both the Environmental Statement and the Further Environmental Information were advertised, in accordance with the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999 (as amended).
6. Relevant Site History
Reference Proposal Location Status Date
LA11/2015/0366/PAN Monnaboy Wind Farm The proposed development relates Accepted on land located east of to an extension of 2no turbines to 62 Monnaboy Road, the consented Monnaboy Wind Greysteel, Co Farm permitted under planning Ref Londonderry, BT47 3HP, A/2009/0868/F. The proposed extension will consist of 2no 3MW wind turbines with a total power output of 6MW. In keeping with the consented wind farm the proposed turbines will have a maximum overall tip height of 121.2m (80m hub height and 41.2m blade length) and associated development such as access tracks, hardstands, foundations, underground cabling, a temporary compound site and associated works. The proposed extension turbines will connect to the Monnaboy substation constructed on site under Ref A/2009/0868/F and A/2014/0572/F
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A/2014/0572/F Lands approximately Relocation of electrical control Granted 04.02.2015 125 metres south west house and associated compound, of 62 Monnaboy Road, security fencing and parking Glasakeeran, Co previously approved under Londonderry, A/2009/0868/F
A/2012/0011/F 2 Monnaboy Road, Erection of a temporary (twenty Granted 22.05.2012 Eglinton, Co Derry, four months) seventy metre wind monitoring pole.
A/2009/0868/F Monnaboy Windfarm Construction of a windfarm Granted 12.10.2012 on land located east of consisting of 4 turbines with hub 62 Monnaboy Road, height not exceeding 80m and Greysteel, Co Derry, blade diameter not exceeding BT47 3HP. 82.4m associated access track and underground cabling. Construction of an electrical substation and control building (dimensions 21 metres by 8 metres), one meterological pole not exceeding 80metres high as well as upgrading exisiting site tracks and culvert (including provision of passing bays along Dunlade Road).
7. Policy Framework
Derry Area Plan 2001
Regional Development Strategy (RDS) – Northern Ireland 2035 Strategic Planning Policy Statement for Northern Ireland (SPPS) PPS 2 – Planning and Nature Conservation PPS 3 – Access, Movement and Parking (Revised) PPS 6 – Planning, Archaeology and the Built Heritage PPS 15 – Planning and Flood Risk PPS 16 – Tourism PPS 18 – Renewable Energy (Best Practice Guide) PPS 21 – Sustainable Development in the Countryside Best Practice Guidance to PPS18
Supplementary Planning Guidance - Wind Energy Development in Northern Ireland’s Landscapes
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8. Consultee Responses, Internal/External
Consultee Responses Response Issues Final position dates Environmental 2 20.05.2016 Cumulative noise setting No objection Health 18.08.2016 with Monnaboy 1. subject to Department Comment upon objections. conditions NIEA 2 17.10.2016 HED, Land soil and air, No objections 14.01.2016 Drainage, Designated sites, subject to conditions Shared 3 20.10.2016 Compliance with Habitats Conditions Environmental 06.07.2016 Regulation Assessment supplied Services 28.01.2016 Loughs Agency 1 31.03.2016 Impact of run off and Conditions hydrology supplied Transport NI 1 07.12.2016 Haul route as previously No objections agreed subject to conditions. DETI – Geological 2 29.09.2016 Comment on peat slide risk No objections Survey 30.11.2015 subject to conditions DETI – Energy 1 25.11.2015 Comment on capacities of No objections Branch turbines subject to conditions NIE Windfarm 1 30.11.2015 Comment on impact upon No objections development communication links
NI Water 1 30.11.2015 Comment on impact upon No objections Windfarms communication links PSNI – 1 4.12.2015 Comment on impact upon No objections Information and communication links Communication Services OFCOM NI 1 11.12.2015 Comment on impact upon No objections communication links Arquiva Services 1 04.12.2015 Comment on impact upon No objections Ltd communication links
UK Crown Bodies 1 15.12.2015 Comment on aviation No objections DIO safeguarding safety
UK Crown Bodies 1 8.12.2015 Comment on aviation No objections DIO LMS safety Belfast 1 30.11.2015 Comment on aviation No objections International safety Airport CAA – 1 02.12.2015 Comment on aviation No objections Directorate of safety Airspace Policy
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City of Derry 1 16.01.2017 Comment on aviation No objections Airport safety Belfast City 1 06.04.2016 Comment on aviation No objections Airport safety National Air 1 26.11.2015 Comment on aviation No objections Traffic Services safety Chief Executive – No Causeway Coast response and Glens Council
9. Representations Consideration
There have been 82 letters of objection submitted in relation to this proposal. The main subjects of these objection letters is summarised into the main points below.
- Public health implications – particularly from exposure to continuous noise and shadow flicker, this issue is raised in reference to the wider public and in much more detail with respect to adjacent residential properties. Impact of the flashing lights etc also raised in terms of human health, as has sleep deprivation in relation to noise. - Impact on wildlife and natural habitats- objectors have raised many different species which may be affected by this proposal. NIEA Natural Environment Division have had sight of all the comments from objectors and the appropriate impacts upon protected species will be considered in the policy assessment. - Impact upon landscape quality – Particular designations such as the ASSI, SAC and AoHSV raised. The point is also made in relation to the lack of assessment of the proposal by Landscape Architects Branch. Concerns regarding cumulative impacts of adjacent turbines and wind farms. The impact of overhead lines has also been raised. - Impact on heritage sites –The Ballygroll complex was referenced specifically. - Objections have also been made in relation landscape quality with respect to cumulative impact with the existing wind farm. - Issues around the efficiency of wind turbines and the perceived and proposed capacity and efficiency of wind energy. This also ties in with issues raised in relation to economic viability of turbines, the current subsidy regime and the impact upon overall electricity prices.
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- Increase in road traffic – impact of increased traffic on road safety and the amenity of local residents, including particularly heightened impact during construction (7 days p/w). Impact upon proposed haulage route. - Impact upon local communication systems and electrical interference – Specific reference is made to television reception and wireless broadband providers. Relevant consultees have viewed this point and made comment which will be considered in the policy assessment. - Decrease in property values – Concerns that this development will reduce property prices in the surrounding areas. A letter has been submitted from a letting agency which also advised that the proposal will have a negative effect on the rental market in the area. - Proximity of turbines to residential property – the impacts in terms of noise nuisance have been considered by Environmental Health Dept and will be discussed in the policy assessment. Issues in terms of loss of amenity by overbearing impact are also raised, the specific principles of the ‘Lavender test’ are mentioned by one objector in relation to residential amenity. - Health and safety issues in respect of fire or turbine failure have also been raised. - Health and safety issues in respect of ice throw have been raised. - Issues in relation to the wider public access to the countryside have been raised, in terms of the impact which this proposal will have upon recreational uses currently enjoyed in or around Loughermore Forest. - The impact that the proposal will have upon tourism is also raised, this is tied to the point raised in relation to the impact of the proposal on Loughermore Forest. - Particular technical matters are objected to in relation to the submitted acoustic report – this has been considered by Environmental Health Dept and will be discussed in the policy assessment. - Issues raised in respect of the integrity of the Pre Application Community Consultation exercise, whereby only 9 members of the community are listed as having attended. - Objectors have also indicated that the proposal will be of limited benefit to the local community. The ‘divisive’ impact of the proposal upon the local community has also been raised by objectors. - In relation to the outlined benefits of the scheme, an objector has outlined that the scheme will have limited benefit to the local area as any jobs to be created will not be in the locality. - Impartiality of Environmental Statement – further issues are raised in respect of the integrity of data used and methodology used within the appropriate surveys. - Perceived inefficiencies with wind energy generation is outlined. - Risk to human health through accidents – whilst road safety has been noted, particular risk of accidents directly linked to the wind turbines themselves is raised.
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10. Planning Assessment and Other Material Considerations
Section 6 (4) of the Planning Act (Northern Ireland) 2011 requires Council to make planning decisions in accordance with the Local Development Plan unless other material considerations indicate otherwise. The site is located in the countryside, outside any settlement as defined in the Derry Area Plan 2011. The Derry Area Plan has no specific policies for wind farm development in the countryside.
The provisions of the Strategic Planning Policy Statement for Northern Ireland (SPPS) are a material consideration. This policy document sets out the transitional arrangements that will operate until Council has adopted a Plan Strategy for the whole of the council area. During this transitional period Council will apply the SPPS and retained planning policy statements. In addition to the Derry Area Plan and SPPS the relevant policy context to be considered is also contained within:
• Planning Policy Statement 2 – Planning and Nature Conservation • Planning Policy Statement 3 – Access, Movement and Parking (Revised) • Planning Policy Statement 6 – Planning, Archaeology and the Built Heritage Planning Policy Statement 15 – Planning and Flood Risk • Planning Policy Statement 16 - Tourism (PPS16) • Planning Policy Statement 18 - Renewable Energy (PPS18) • Planning Policy Statement 21 - Sustainable Development in the Countryside (PPS21). • Supplementary planning guidance is also set out in the ‘Best Practice Guidance to PPS18 Renewable Energy’ BPG and ‘Wind Energy Development in Northern Ireland Landscapes’ (SPG) published by the Northern Ireland Environment Agency (NIEA).
Policy CTY1 of PPS21 states there are a range of types of development which in principle are considered acceptable in the countryside and that will contribute to the aims of sustainable development. It states that planning permission will be granted for non-residential development in the countryside for renewable energy projects in accordance with PPS18.
PPS18 is consistent with the aim of the SPPS for the siting of renewable energy facilities. Policy RE1 Renewable Energy Development of PPS18 states that development that generates energy from renewable sources will be permitted provided the proposal will not result in an unacceptable adverse impact on five criteria.
Page 36 Appendix 2 a) Public safety, human health, or residential amenity; b) Visual amenity and landscape character c) Biodiversity, nature conservation or built heritage interests d) Local natural resources, such as air quality, water quality or quantity; and e) Public access to the countryside
Policy RE 1 also states applications for wind energy development will also be required to demonstrate a further seven criteria: (i) the development will not have an unacceptable impact on visual amenity or landscape character through the number, scale, size and siting of turbines; (ii) that the development has taken into consideration the cumulative impact of existing wind turbines, those which have permissions and those that are currently the subject of valid but undetermined applications; (iii) that the development will not create a significant risk of landslide or bog burst; (iv) that no part of the development will give rise to unacceptable electromagnetic interference to communications installations; radar or air traffic control systems; emergency services communications; or other telecommunication systems; (v) that no part of the development will have an unacceptable impact on roads, rail or aviation safety; (vi) that the development will not cause significant harm to the safety or amenity of any sensitive receptors (including future occupants of committed developments) arising from noise; shadow flicker; ice throw; and reflected light; and (vii) that above-ground redundant plant (including turbines), buildings and associated infrastructure shall be removed and the site restored to an agreed standard appropriate to its location.
Paragraph 1.12 of the SPPS indicates that any conflict between it and any retained policy must be resolved in favour of the SPPS. Policy RE1 of PPS18 states that the wider environmental, economic and social benefits of all proposals for renewable energy projects are material considerations that will be given ‘significant’ weight in determining whether planning permission should be granted. Paragraph 6.225 of the SPPS however, now states that the wider environmental, economic and social benefits of all proposals for renewable energy projects are material considerations that will be given ‘appropriate’ weight in determining whether planning permission should be granted.
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Paragraph 6.219 goes on to identify that the regional strategic objectives for renewable energy are to; ensure that the environmental, landscape, visual and amenity impacts associated with or arising from renewable energy development are adequately addressed; ensure adequate protection of the region’s built, natural, and cultural heritage features; and facilitate the integration of renewable energy technology into the design, siting and layout of new development and promote greater application of the principles of Passive Solar Design.
Environmental, Economic and Social Benefits Paragraph 6.218 of the SPPS states that the aim of the SPPS in relation to renewable energy is to facilitate the siting of renewable energy generating facilities in appropriate locations within the built and natural environment in order to achieve Northern Ireland’s renewable energy targets and to realise the benefits of renewable energy without compromising other environmental assets of acknowledged importance.
In determining all wind farm proposals, the Council is aware of the government thrust towards renewable energy targets. Northern Ireland has a target of 40% of energy from renewable sources by 2020. Statistics on Electricity Consumption and Renewable Generation in Northern Ireland are published by NISRA statisticians within DfE’s Analytical Services Unit (ASU). This publication reflects performance against the 2011-15 Programme for Government target which was to “Encourage achievement of 20% of electricity consumption from renewable sources by 2015” and the Executive’s 2010-20 Strategic Energy Framework which includes a target to achieve 40% of electricity consumption from renewable sources by 2020. The latest bi-annual Electricity Consumption and Renewable Generation in Northern Ireland publication was published on 8 March 2018.
The latest results show that: For the 12 month period January 2017 to December 2017, 34.8% of total electricity consumption in Northern Ireland was generated from renewable sources located in Northern Ireland. This represents an increase of 9.4 percentage points on the previous 12 month period (January 2016 to December 2016) and is the highest rolling 12 month proportion on record. In terms of the volume of electricity consumption between January 2017 to December 2017, approximately 7,783 Gigawatt hours (GWh) of total electricity was consumed in Northern Ireland. Of this, some 2,710 GWh was generated from renewable sources within Northern Ireland.
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Of all renewable electricity generated within Northern Ireland over the 12 month period January 2017 to December 2017, 84.3% was generated from wind. This compares to 82.6% for the previous 12 month period (January 2016 to December 2016).
Northern Ireland Electricity also publish information in relation to the actual amount or renewable energy capacity which is installed and available. This also records how much production volume is committed through grid connection (delivery pipe).
NIE website: http://www.nienetworks.co.uk/getattachment/Connections/Generation- connections/Useful-resources/Renewables-update-end-2017/Year-end-2017-Renewables- Update-NIE-Networks.pdf.aspx
Given the significant progress made towards this target and the level of projects committed (370MW in the delivery pipe) the contribution of this project to the Strategic Energy Framework targets does not bear determining weight in this instance as it is not fundamental to the achievement of this target.
The Monnaboy Wind Farm Extension proposes an installed capacity of 6MW and has a projected yield of 13,885 MWh of renewable energy generated per annum. The agent has stated that this is
Page 39 Appendix 2 the equivalent energy required to power circa 3,374 homes, which represents circa 0.5% of the total number of households in Northern Ireland. It is also estimated that the Monnaboy Wind Farm Extension will contribute to the reduction of CO2 emissions from Northern Ireland by 5,971 tonnes per annum.
The Wind Farm is projected to have a wind capacity factor of 26.4%, which is above the UK average of 25%. This can be attributed to both its optimal location, along with the specification of the proposed turbines and will potentially result in a greater contribution to policy objectives than developing a wind farm of a comparable size on an alternative site and assist with security of supply in Northern Ireland. The proposal also includes measures to protect the ,natural environment. It is considered that risks of damage to the environment have been understood and suitable mitigation is proposed within the ES where it is required. Following consultation with expert bodies within DAERA it is considered potential impacts have been addressed and adequately mitigated and the proposal is considered to meet the policy requirements of PPS18 and the SPPS.
The SPPS also contains guidance on the materiality of community funds such as those associated with Wind Farm proposals; Paragraph 5.71 states that “in some circumstances, community benefits may be offered voluntarily by developers to communities likely to be affected by a development. Community benefits can take a variety of forms including payments to the community; in-kind benefits; and shared ownership arrangements. Whilst the Department is committed to ensuring that local communities benefit from development schemes in their area, such community benefits cannot be considered material considerations in decision-taking and are distinct from developer contributions and planning conditions.”
In terms of the proposed economic benefits of the proposal, the agent has stated that, it is estimated that circa £15,244 will be generated in annual business rates equating to approx. £381,100 for the lifetime of the project. It is generally accepted that is a gross impact as this rate payable may displace other energy producers. It is estimated that the proposal will generate 18 job years, with an estimated 10 job years within this figure being supported within Northern Ireland. As with any wind farm development there is the potential for leakage of these projected jobs outside the local area. Similarly, a percentage of the job years identified are for the feasibility and planning of the project which have already been realised. A community benefit fund will be shared between community organisations around the proposed 6MW Monnaboy Extn, at a rate
Page 40 Appendix 2 of £1000 per MW, equivalent to an annual payment of £6,000 for the 25 year lifespan of the windfarm. This is within the recommended Northern Ireland Renewables Industry Group (NIRIG) guidelines. Community Benefit Funding would commence in the first year of operation of the windfarm if granted. The total estimated capital value of this community fund for the lifetime of the project equates to £150,000.
Each application must therefore be considered on its merits in terms of the impacts experienced as a result of the proposal and of those wider benefits that it potentially offers. It is thus a matter of professional judgement in each individual case to judge the quantifiable benefits (e.g. annual rates, potential jobs, direct and indirect benefits, reduction in fossil fuels and contribution to the Strategic Energy Framework targets) against the unquantifiable benefits (e.g. community funds). This then allows that the weight to be afforded to the specific benefits of the renewable project is determined by the local authority. Consideration in affording weight to the wider environmental, economic and social benefits of this proposal is based on the evidential presentation of the specific benefits of this scheme. The wider benefits are accepted as stated i.e. £15,244 generated in annual business rates & a community fund of £150,000 generated across the 25 year project life, and that is appropriate in this case.
Public Safety, Human Health, or residential amenity Consultation with Geological Survey Northern Ireland (GSNI) and DAERA was undertaken and their comments in relation to peat, peat stability etc indicate that subject to the appropriate mitigation detailed within the ES documents and the submitted Further Environmental Information, through condition the proposal is acceptable and meets the policy requirements of RE1 of PPS18 and the SPPS. In terms of electromagnetic interference consultation with CODA, Ofcom, Energis, Arquiva and other telecoms providers have indicated that the proposal will not impact on their systems, whilst this issue has been raised by several objectors, the actual consideration of this point by the agencies responsible for providing the electromagnetic links has not uncovered any significant issues. In order to assess the noise impacts, a noise assessment (NA) was submitted within the ES. Figure 3.1 in the submitted ES identifies noise sensitive receptors within the vicinity of the application site. The details of the NA have been considered by the Councils Environmental Health Department (EHD) who have confirmed that they broadly concur with its findings and offer no
Page 41 Appendix 2 objection to the proposal. Furthermore EHD raised no issue in consideration of the objections in relation to public safety or human health.
The sound power levels assumed for the 2 proposed turbines are based on an “assessment envelope” covering several potential turbines including the Enercon E-82 E3 TES 3MW. The noise predictions have been carried out in line with the IOA’s Good Practice Guide to the Application of ETSU-R-97.
Prediction noise levels are presented: • For the permitted turbines (T1 to T4); • For the proposed turbines (T5 and T6); and • For the predicted cumulative levels (T1 to T6 – permitted and proposed turbines).
The predicted cumulative noise levels are compared with the appropriate ETSU derived noise criteria and it appears that the predicted noise levels at all locations for the various wind speeds do not exceed the noise criteria without the need for any mitigation. The day time noise limit is set at 37.5dB(A)/BNL+5, as for the permitted development. Environmental Health Service has raised no objection on noise grounds to the proposed extension but have recommend a number of conditions to be attached to any approval which may be issued.
It is recommended that for this application the emission limits should relate to the cumulative noise predictions (permitted and proposed). It would be difficult (certainly by direct measurement of emission levels) to demonstrate or enforce noise limits relating to noise from the extension application (T5 and T6) alone. Specification of such limits at a number of the closer properties would provide adequate prediction for those further away.
The noise impact assessment has identified some 60 houses, existing or approved within 2km of the proposal site. (The only financially associated property identified is the landowners house at 62 Monnaboy Road (House Ref. No49).
The cumulative assessment has considered the permitted development (A/2009/0868/F) and the proposed extension development but discounted 6 single turbines because they are typically 3.3 to 5.5km from the Monnaboy turbines.
In relation to the modelling which has been objectively assessed by EHD, the proposed limits which are achievable at the objectors properties are within the normal range that will not cause
Page 42 Appendix 2 demonstrable harm to residential amenity. As such in relation to noise, the impacts upon residential amenity are acceptable in policy terms.
Figure 4: Plan showing location of noise sensitive receptors in relation to existing and proposed turbines.
Shadow Flicker
In relation to shadow flicker for windfarm developments, a separation distance of 10 times rotor diameter to occupied property, with a minimum distance not less than 500m, will generally apply. Shadow flicker has the potential to impact properties within 130 degrees either side of north. At distances greater than 10 times rotor diameter from a turbine the potential for shadow flicker is very low In this instance, the maximum turbine rotor diameter proposed is 82.4m therefore an area envelope of 824m from the nearest turbine was used in the shadow flicker analysis. Whilst this
Page 43 Appendix 2 application is for two turbines, as it is an extension to the consented Monnaboy Wind Farm which consists of four turbines, all turbines have been included in the assessment to allow for a cumulative assessment. There are no further operational, consented or pending applications for wind farms or single turbines within 1km of the subject site. The shadow flicker zone therefore incorporates all 6 no. turbines and the required 10 RD area for each. 14.1 identifies 1 no. property within the cumulative shadow flicker zone identified in red. This dwelling is in the ownership of the landowner involved in the project. There are no new pending or extant planning applications for dwellings within the identified zone. Table 14.1 within the submitted ES provides details of all receptors located within the cumulative shadow flicker zone. There is one habitable property within this zone.
Figure 5: Table 14.1 from submitted ES showing property affected by shadow flicker
The results show that the potential total annual hours of shadow flicker at the sensitive receptor exceeds the 30 hour limit specified in the best practice guidance accompanying PPS18. In terms of distance, the sensitive receptor is located over 500m from the nearest proposed turbine and permitted turbines as recommended by PPS18 best practice guidance. The calculations reveal that habitable property H1* (Landowner with Financial interest in the Wind Farm) has the potential to experience 41.5 hours per year of shadow flicker in a worst-case scenario. Assuming that weather conditions conducive to shadow flicker occur only 29% of the time, as is typical of weather conditions in Northern Ireland, this figure is reduced to a more realistic 12.04 hours per year. Similarly the cumulative impact remains broadly as approved under the previous application, with only a slight increase in duration of potential exposure to shadow flicker due to the micro siting of T3 and T4. As such it is concluded that there are no significantly adverse impacts arising from shadow flicker from the two proposed turbines. The comments from the objectors have been fully considered in relation to this issue.
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A surface water management plan was submitted as part of the Environmental Statement, this assessment indicates the following; the site is not in a sensitive flood risk area; the development itself is not sensitive to flooding; and the site has a relatively high natural run-off and as such the “hard-standing” element of the proposal will not be totally impermeable therefore the proposal will not alter the existing situation significantly in terms of flood risk. The proposal also includes SUDS (sustainable draining) measures wherever practicable to minimise local drainage pattern changes and provide an element of storage for the local increased run-off. Therefore in this respect, this proposal is compliant with RE 1 of PPS 18.
Residential amenity
Whilst the objective assessment of the submitted modelling suggests that the surrounding residents are unlikely to suffer demonstrable harm in terms of noise and shadow flicker, which are nuisances which can be measured and projected with reasonable accuracy. Many objectors have advised that the overbearing impact of the turbines upon their residential amenity is of significant concern. This is obviously a more subjective consideration but similarly valid, one must draw a distinction from an impact which is merely obstructing a view or aspect as opposed to an impact which is genuinely overbearing or having a demonstrable impact upon amenity. The Lavender appeal, as cited by an objector, (DOV/07/01148) case in England identified that turbines could become an overwhelming presence to a house/garden so that the living conditions could be regarded as unsatisfactory (although not necessarily uninhabitable). As such impacts upon the entire dwelling unit must be considered. One point of objection advised that if this wind farm were approved then owing to the approved and constructed wind farms in the locality, particular properties in the immediate area would become effectively surrounded by turbines. Due to the distances involved in the positioning of the turbines in proximity to the residential properties the impact itself cannot be said to be a direct physical overbearing impact. Whilst it may be considered that the impacts upon residential amenity is a material consideration however, given the history on site for wind energy development, I have not attached determining weight to the impact of this development upon residential amenity.
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Visual Amenity and Landscape Character
Figure 6: Plan showing viewpoint locations.
The map above sets out the specific static locations of viewpoints which have been identified and assessed within the Environmental Statement. Whilst these have been identified and assessed by the agent, not all of them are critical in terms of the determination of the impact which the proposal will have upon the Landscape character and amenity.
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The broad principle of wind energy has been established at this site, this proposal represents a two turbine extension to an existing operational wind farm which was approved and assessed under the current policy regime. In relation to the consideration of the proposal, the short range views must be considered as many of the objector concerns are related to the impact of the proposal at short range to the objector’s properties. The views below, VP11, VP 14, VP 20, and VP22 are the main submitted critical views which have been assessed in relation to this proposal.
Figure 7: Viewpoint 11 – Monnaboy Road
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Figure 8: Viewpoint 14 Knockbrack Road
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Figure 9: Viewpoint 20 Ballygroll scheduled monument
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Figure 10: Viewpoint 22 Craigbrack Road
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Viewpoint Synopsis VP11 Viewpoint taken 1.7km west of the existing windfarm, at this point the two proposed turbines are visible with the existing approved turbines. VP14 Viewpoint taken 12km south of the existing windfarm, at this point the two proposed turbines are visible with the existing approved turbines. This view is particularly long range. VP20 Viewpoint taken 4km west of the existing windfarm, at this point the two proposed turbines are visible with the existing approved turbines. This view is medium range. VP22 Viewpoint taken 4.5km north east of the existing windfarm, at this point the two proposed turbines are visible with the existing approved turbines. This view is medium range.
The photomontages show the varying visual impacts of the proposal from numerous locations both short range and long range views, although the visuals demonstrate that there is an impact locally this is widely acknowledged in wind farm developments. The proposed wind farm is not within a protected area. Views of the site which are more critical in terms of any potential adverse impact are reasonably localised, The table below is taken from the Best Practice Guidance and outlines the general perceptions of wind farms within landscapes. In relation to this scheme, the turbines are undoubtedly a prominent feature in the landscape when viewed from the local area around Monnaboy Road, however in consideration of the guidance it is accepted that this is a likely outcome and therefore determining weight cannot be placed on such short range views.
Figure 11: Para 1.3.25 of Best Practice Guidance to Planning Policy Statement 18.
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Viewpoints 11, 20 and 22 shown above fall within the second band of the table, i.e they are within 2-5kms of the nearest turbines. Therefore it is accepted that the turbines are likely to be relatively prominent features in the landscape at this distance. From these viewpoints the proposed extension to the wind farm, appears as a consolidation of the existing wind farm within the landscape.
There is no disparity between the existing wind farm and the proposed extension, the turbines are of a similar height, design, rotor diameter and rotation speed. As such the new turbines will appear as an integral element of the existing wind farm. From many viewpoints the additional turbines appear to observe the existing spacing within the existing wind farm, T5 even acts as a link between T1 which appears as slightly isolated from the main group of three turbines. I do not consider that the erection of two new turbines at this site would demonstrably alter the current landscape character or amenity.
Some points of objection queried why Landscape Architects Branch (LAB) were not consulted in relation to this proposal. LAB now only comment on planning applications which are of a regional significance. This proposal does not meet the identified criteria for a regionally significant application and as such LAB have not been consulted in relation to this proposal.
Notwithstanding the concerns raised by the objectors and the guidance afforded in the SPG, on balance I consider the development to be acceptable in overall landscape terms, in that the impacts will be localised and will not have an adverse impact on the character of the local landscape.
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Biodiversity, Nature Conservation or Built Heritage interests
Bats The bat survey is contained in ES Appendix 7.5 Bat Report. NED notes that bat activity on site was found to be limited. The most commonly recorded species was Common Pipistrelle, followed by Leisler's bat. Soprano Pipistrelle and Myotis activity was low and Nathusius' Pipistrelle and Brown Long-eared Bat activity was occasional. Most activity was associated with habitat features (forestry edge, stream and hedges), but lower levels of activity also occurred along other linear features, e.g. earth banks, tracks and fences, especially where they connected with suitable feeding habitat. NED notes that the survey found that bat usage on site was low, but welcomes the mitigation that is proposed in ES Appendix 7.5 Bat Report Section 6 Mitigation and Monitoring, which includes: no micro-siting of Turbine 5 within the bat buffer zone shown on Figure 24 (Mitigation relating to ensuring buffer zones between habitat feature and Turbine T5), which cuts across the southern half of the T5 RLB. no storage of wind farm machinery or equipment within the bat roost building or farm yard during construction. Provided delivery of this mitigation is conditioned in any decision notice, impacts to bats are not likely to be significant.
Birds
NED has assessed ES Chapter 8 Ornithology and the associated appendices. NED considers that the proposed development is unlikely to have an adverse impact on birds, provided conditions to minimise disturbance to breeding birds and collision risk, and to manage habitat for breeding birds, particularly Snipe are placed on any decision notice.
Priority Habitats, Protected Species and Habitat Management The Environmental Statement identifies the habitats that will be impacted by elements of the proposed windfarm extension, namely the Temporary Construction Compound, Turbines 5 and 6 with their hardstandings and access tracks and the Spoil Deposition Area. Section 7.4 Proposed Actions states that the proposal will result in the loss of 1.26ha of Northern Ireland priority habitats (marshy grassland-dominated mosaic with pockets of modified bog) and
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0.4ha of habitat which was included in the Monnaboy Wind Farm HMEP (approved under A/2009/0868/F), but for which management was not considered appropriate. The HMEP for the proposed extension includes three areas which total 11.28ha which will be managed to enhance areas of priority habitat (blanket bog and wet heath) and improve habitat for breeding snipe. Provided a condition is included in any decision notice that requires submission of a final HMEP containing the proposed management prescriptions prior to commencement of construction, the proposal is likely to result in biodiversity gain rather than loss. Peat Stability Risk Assessment EIA Section 9.7 Peat Stability Risk Assessment states that peat deposits were found along the Turbine 6 access track, but that the peat was moderately stable with no signs of instability and slopes were gentle to moderate. The access track will be constructed using a floating road design. The assessment concluded that there was a negligible potential for slippage but proposes mitigations (Section 9.8.6 Peat Stability Mitigation Measures). Provided this mitigation is required as part of a condition in any decision notice (see below), the proposal is likely to result sediment discharge as a result of peat slide.
A Habitats Regulations Assessment has also been undertaken by Shared Environmental Services and they are content that any impact can be adequately mitigated.
It is therefore considered, subject to condition that the proposal is in conformity with policy NH2 & NH5 of PPS2, RE1 of PPS18 and the SPPS in respect of biodiversity and nature conservation.
In respect of built heritage interests, the site assessment indicated that there are no known archaeological sites located within the proposed development area. Therefore no direct physical impact will be placed on any sites of archaeological interest.
Built Heritage
Historic Environment Division (HED) has reviewed the Archaeological and Cultural Heritage Assessment within the Environmental Statement submitted for this wind farm extension proposal.
Taking into account the archaeological investigations that have already taken place as part of planning approval A/2009/0868/F, and the results of those archaeological investigations, HED do not require any further archaeological works to be carried out for this scheme.
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Historic Monuments Unit has considered the impacts of the application and on the basis of the information provided is content with the proposal.
As such it is not considered that the proposal will have a significant impact upon archaeological or built heritage.
Local natural resources, such as air quality or water quality
The ES documents contain chapters in relation to Hydrology and Hydrogeology; Ecology; Peat and Flora & Fauna. These have been fully assessed by the statutory agencies which advise Council in respect of these matters. Air and water quality is not likely to be significantly impacted by the proposed development.
Public access to the countryside
Several of the objectors have raised that the proposal will impact upon their access to the countryside for recreational purposes. Turbines do not specifically inhibit access to the countryside, the turbines are to be erected on private lands within the existing development envelope. Public access to the countryside is not impacted over and above the erection of the existing wind farm.
Haul Route
The 2 no. turbines for this development will be delivered to the application site via the agreed and proven haulage route adopted for the original 4 turbine Wind Farm application, A/2009/0868/F. From Lisahally Port the route follows the A2 to Dunlade Road and then Monnaboy Road. The abnormal load vehicles will make a left turn onto Dunlade Road after performing a reverse manoeuvre at the A2/Carnamuff Road. Abnormal vehicles transporting tower sections 1 and 2 will use an alternative route to avoid a vertical issue on Dunlade Road. The route follows the A2 until the roundabout with the B118. At the B118 roundabout tower section vehicles will take the 3rd exit onto the B118 and continue to the priority junction with Moulton Park. At the junction vehicles will turn right and continue on
Page 55 Appendix 2 the B118 through Eglinton for approximately 2.5km to the junction with Monnaboy Road. At this junction vehicles will turn left onto Monnaboy Road and continue for approx. 4.8km to the existing site entrance.
Construction Deliveries
As part of the previous approved wind farm application at the site, Transport NI requested that passing bays be provided along the southern section of Dunlade Road and on Monnaboy Road from the Dunlade Road/ Monnaboy junction to the site access. Following consultation with Transport NI several intervisible locations for the passing bays were agreed upon. Appendix 12.2, Volume 2 contains drawings highlighting the location of passing bays which accommodate HGVs travelling to and from the development site during the construction phase. Detailed design drawings of the passing bays prepared for the previous application at the site by Waterman Transport and Development are also contained in Appendix 12.3, Volume 2. The passing bays have been constructed in accordance with these design drawings and the works signed off by TNI
Planning Policy Statement 15
This proposal was deferred at the September 2017 meeting of Planning Committee as a result of the severe flooding incident that affected this district in August 2017. Rivers Agency were then consulted on the proposal. Rivers Planning & Advisory Unit response dated 3rd October 2017 stated the following in relation to Policy FLD 3;
It isn’t clear from the proposal if a change of use involving new buildings and / or hard-standing exceeding 100m2 in area is planned. If this is the case then a drainage assessment must be provided. Guidance on the content of a drainage assessment can be found in paragraphs D17 & D18 of Annex D of PPS 15.
The Monnaboy Extension EIS Volume 1 Section 3.8.3 Hardstanding/ Crane Pads states that “each turbine requires an area of hard-standing to be built adjacent to the turbine foundation. This provides a stable base on which to lay down the turbine components ready for assembly and erection and to site the two cranes necessary to lift the three tower sections, nacelle and rotor into place.
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The crane hard-standing would be left in place following construction in order to allow for use of similar plant should major components need replacing during the course of the wind farm’s operational life. The hard-standing area would be covered with subsoil and topsoil and allowed to naturally re-vegetate. The total area of hard-standing at each turbine location, including the crane pad would be approximately 1628m2 (37m x 44m). A typical crane hard- standing is illustrated in Planning Drawing 5354-PL-007.”
The FEI Request No.2 requested ‘On annotated maps the final drainage plan associated with the construction and operational work clearly indicating all the pollution prevention measures to be employed’ , a response to which was submitted to DCSDC in August 2016. This drainage plan has considered and illustrates drainage measures at the hardstands for each of the proposed turbines.
As such this proposal is found to be in compliance with Planning Policy Statement 15.
Tourism In consideration of Tourism, TSM 8 of PPS16 states that planning permission will not be granted for development that would in itself or in combination with existing and approved development in the locality have an adverse impact on a tourism asset such as to significantly compromise its tourism value. The application site is located outside of the AONB which is a tourism asset. Consideration must be given to whether the proposed wind farm would significantly compromise the overall tourism value of the asset. The local views of the proposal would have the greatest visual impact, these views would not be within the AONB. Whilst there is the potential for the turbines to be visible from both within and outside of the AONB it is my considered opinion that this impact would not be so significant as to compromise the asset. The proposal is therefore in accordance with PPS16.
PPS 18 Wider Benefits and Weighting
There is no standard formula for assessing any negative environmental impacts against the potential wider benefits of the renewable energy project in question and thus it is a matter of professional judgement for the decision maker in each individual case.
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In this particular case the Social, economic and environmental benefits of renewable energy are discussed in chapter 5 of the ES. In terms of potential environmental benefits, the ES refers to the dependence on fossil fuels in NI and their negative environmental impacts. Renewable sources of power such as wind create no operational waste materials. The expected installed capacity of the two turbine extension at Monnaboy Wind Farm is approx. 6 megawatts (MW). The ES details the offset of CO2 emissions would equate to 5971 tonnes p.a. The importation of fossil fuels is seen as a financial burden on the NI economy and the Srategic Energy Framework seeks to create a greater security of supply. This scheme would therefore contribute to the SEF targets. Based on nominal 3 MW capacity turbines the wind farm would be capable of 6MW total capacity and would produce electrical energy equivalent to the average requirements of approximately 3374 homes every year. The ES also estimates that there will be 10 Direct job years created with NI. The agent states that the total operational spend of the proposal is listed as £8,580,100 with 36.8% of this estimated to be spent within Northern Ireland. (£3,165,025). These figures and allocations are based on industry standard reports. Whilst these figures are difficult to rebut, they must be cautiously used, it is down to my own professional judgement to weight them in the overall decision. A recent appeal decision at Altgolan Wind Farm (J/2006/0840/F) had a similar power output and economic profile. The commissioner advised in relation to similar economic reports used to estimate local and regional economic impacts that: ‘Whilst the Council argued that these benefits are overstated, I am satisfied they are substantial and that it is appropriate to attach significant weight to these considerations in the determination of this appeal’.
Figure 12: Table 5.4 of submitted ES indicating regional spend of proposal.
With this in mind, appropriate weight must be attached to anticipated social, economic and environmental benefits of the proposal.
The Council is aware that wind farm developments do have the potential to attract significant economic, social and environmental benefits in the form of rates, land rents, displacement of fossil fuels, and contribution towards the SEF targets. These would accrue irrespective of the siting of the wind farm and so are not necessarily particular to this site. However, they represent
Page 58 Appendix 2 a significant contribution to the NI economy if all are realised. In some instances, leakage of the stated benefits can occur – this may be in the form of companies from outside NI coming into an area to construct the wind farm. It must be stressed that whilst an applicant may state that it is their intention to use local labour/companies to build out a site, there is no control over this business aspect once planning permission has been granted. There is, therefore, no guarantee that local benefits will accrue locally and a real possibility that financial benefits are overstated and/or open to leakage. The benefits that are ‘known’ tend to be those such as contribution to targets, reduction in fossil fuel dependence and reduction in greenhouse gases. Local rates will accrue and of course these will be a significant contribution to the local Council. Some local jobs are also likely to be either created on a temporary basis or sustained. Again it is difficult to place figures on these as it is often the case that a specialist firm will construct the wind farm (thereby sustaining existing jobs rather than creating new ones). They will also only be for the construction period. Some local businesses may benefit directly from purchase of products (e.g. construction materials, aggregates, plant hire etc.) and this would be a direct benefit to the local economy as would any indirect benefits from monies spent locally.
PPS 18 states that its aim is to facilitate the siting of renewable energy generating facilities in appropriate locations within the built and natural environment in order to achieve NI’s renewable energy targets and to realise the benefits of renewable energy. It is important to consider, therefore, where we are in terms of the 40% target set out by the SEF. Currently NI produces approx. 34.8% (NISRA) of its energy requirements from renewable sources (mainly onshore wind), this application has the potential to contribute 0.5% to this target. This application already avails of a grid connection and as such is in a position to contribute to the targets without being encumbered by grid issues that have affected the wider region, however, as previously stated the potential contribution to these targets does not bear determining weight in this instance.
In attaching weight to these benefits, they must then be considered against the potential impacts of the proposal. The main impact of the proposal is the visual impact and resultant impact on landscape character, the impact on biodiversity and the impact on the amenity of surrounding residents. These matters have been considered in detail above and whilst there are some impacts of the proposal, these have not been found to be as significantly adverse as to offset the perceived accrued benefits of the proposal.
11 Summary of Key Issues, Conclusion and Recommendation
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• Environmental, Economic and Social Benefits Through consultation with DAERA it has been determined that any potential environmental impacts can be successfully mitigated. Appropriate weight has been given to the economic benefits of the proposed developments. • Public Safety, Human Health, or residential amenity Through consultation with Environment Health, NIEA and Rivers Agency it has been determined that any potential impacts by way of overbearing, noise, shadow flicker, drainage and flooding can be successfully mitigated. It is therefore my considered opinion that the proposal is compliant with the relevant policies in relation to safety human health and residential amenity. • Visual Amenity and Landscape Character Notwithstanding the concerns raised by objectors, on balance I consider the development to be acceptable in overall landscape terms especially considering that this is a small extension to an existing windfarm. • Local natural resources, such as air quality or water quality Through consultation with NIEA it has been determined that any potential environmental impacts can be successfully mitigated. It is therefore my considered opinion that the proposal is compliant with the relevant policies in relation to natural resources. • Public access to the countryside Through consultation with TransportNI it has been determined that the proposal is compliant with the relevant policies in relation to access.
CONCLUSION
In summary I have considered the proposal is acceptable. It will not cause significant harm to public safety, human health or residential amenity. The visual amenity assessment on the landscape concludes that whilst the proposed turbines will have some visual impact, it is not considered unacceptable either individually or cumulatively. The biodiversity, nature conservation and built heritage issues have been mitigated against and will not be detrimentally impacted upon by the proposal. Local natural resources, such as air quality or water quality will not be detrimentally impacted upon and the public access to the countryside can be provided in accordance with the policy guidelines.
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With regard to the wider environmental, economic and social benefits. These impacts have been assessed, and collectively they are considered substantial. Whilst these issues do not have determining weight alone in the consideration of this case, when added to the fact the scheme will not have an unacceptable impact on the visual amenity and character of landscape and surrounding countryside, and will not have a significantly adverse impact upon the amenity of local residents, they appropriately support the overall conclusion to recommend approval of this wind farm development.
12 Proposed 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 site works of any nature or development shall take place until a programme of archaeological work has been implemented, in accordance with a written scheme and programme prepared by a qualified archaeologist, submitted by the applicant and approved by the Department. The programme should provide for the identification and evaluation of the archaeological remains within the site, for mitigation of the impacts of the development through excavation recording or by preservation of remains and for the preparation of an archaeological report. Reason: To ensure that archaeological remains within the application site are properly identified and protected or appropriately recorded. 3. Access shall be afforded to the site at all reasonable times to any archaeologist nominated by the Department to observe the operations and to monitor the implementation of archaeological requirements. 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 completed in accordance with the approved programme. 4. No development activity, including ground preparation or vegetation clearance, shall take place until a Construction and Environmental Management Plan (CEMP) has been submitted to and approved in writing by the Planning Authority. The approved CEMP shall be implemented in accordance with the approved details and all works on site shall conform to the approved CEMP, unless otherwise agreed in writing by the Planning Authority. The CEMP shall include the following:
Page 61 Appendix 2 a) Spoil Management Plan, including identification of spoil storage areas and reinstatement of excavated spoil. b) Restoration works for areas of ground left bare after construction. c) Details of site drainage, foul water disposal and silt management measures, including SuDS. d) Details of the establishment of buffer zones to watercourses; 50m to streams and 20m to any minor drains. e) Pollution Prevention Plan. f) Water Quality Monitoring Plan. Reason: To ensure implementation of mitigation measures identified within the Environmental Statement and to prevent likely significant effects on the River Foyle and Tributaries Area of Special Scientific Interest (ASSI) and Special Area of Conservation (SAC). 5. No development activity, including ground preparation or vegetation clearance, shall take place until a Habitat Management and Enhancement Plan (HMEP) has been submitted to and approved in writing by the Planning Authority. The approved HMEP shall be implemented in accordance with the approved details and all works on site shall conform to the approved HMEP, unless otherwise agreed in writing by the Planning Authority. The HMEP shall include the following: a) Pre-construction baseline habitat surveys to NVC level. b) Appropriate maps, clearly identifying habitat management areas. c) Detailed methodology and prescriptions of habitat management, including timescales. d) Details of regular monitoring of habitat management measures using fixed quadrat locations. e) Details of the production of regular monitoring reports to be submitted to the Planning Authority at intervals to be agreed and to include details of contingency measures should monitoring reveal unfavourable results. Reason: To compensate for the loss of and damage to Northern Ireland priority habitats and to mitigate for impacts to breeding birds. 6. There shall be no ground preparation works or vegetation clearance during the bird breeding season (1 March to 31 August). Reason: To protect breeding birds. 7. Prior to any works commencing between 1 March and 31 August, a bird survey shall be carried out by a suitably experienced and competent ornithologist. The location of any active nests or breeding activity shall be recorded and appropriate mitigation measures, including buffer zones (curlew 800m, snipe 400m and appropriate buffers to other species to be agreed with NIEA), shall
Page 62 Appendix 2 be implemented to prevent disturbance to breeding birds. A report of the findings of the bird survey and a Mitigation Method Statement, showing buffers to active nests, shall be submitted to and agreed in writing by the Planning Authority. All works must conform to the agreed Mitigation Method Statement. Reason: To protect breeding birds. 8. All works taking place between 1 March and 31 August in any year shall be monitored on a weekly basis by a suitably experienced and competent ornithologist. The location of any active nests or breeding activity shall be recorded and appropriate mitigation measures, including buffer zones (curlew 800m, snipe 400m and appropriate buffers to other species to be agreed with NIEA), shall be implemented to prevent disturbance to breeding birds. All monitoring, findings and mitigation measures shall be detailed in reports which shall be submitted in writing to the Planning Authority no later than mid-June and mid-September in any year. Reason: To protect breeding birds. 9. No development activity, including ground preparation or vegetation clearance, shall take place until a Bird Monitoring Programme (BMP) has been submitted to and approved in writing by the Planning Authority. The approved BMP shall be implemented in accordance with the approved details, unless otherwise agreed in writing by the Planning Authority. The BMP shall include details of a programme of bird monitoring carried out by a suitably qualified and experienced ornithologist, using appropriate survey methodology, in the year of construction (year 1), and in years 2, 3, 5 and a report of the findings of the monitoring shall be submitted to the Planning Authority within 6 months of the end of each monitoring year. Reason: To monitor the impact of the proposal on sensitive bird species. 10. Bird markers/flappers must be installed on all guy wires and any new fences. Reason: To reduce collisions between birds and infrastructure. 11. The final Construction Environmental Management Plan must be submitted to the Derry & Strabane Council Planning Authority by the appointed contractor prior to works commencing. This should reflect all the mitigation, and avoidance measures to be employed as outlined in the Environmental Statement (October 2015) 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 by the local planning authority. Reason: To protect the site selection features and conservation objectives of European Designated sites.
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12. Any unavoidable vegetation removal should be carried out outside of the bird breeding season, which runs 1st March to 31st August to discourage nesting within the construction footprint. Reason: To protect the site selection features and conservation objectives of European Designated sites 13. No development shall take place until details of the model of the turbine to be installed, its noise specification, colour and finish, have been submitted to and approved in writing by the Department. Reason: To ensure that wind turbines with excessive sound power levels are not installed. 14. The level of noise emissions from the combined effects of these wind turbines and those approved under the approval for A/2009/0868/F (including the application of any tonal penalty when calculated in accordance with the procedures described on pages 104-109 of ETSU-R-97) shall not exceed the values set out in the table. Noise limits for any dwellings which lawfully exist or have planning permission for construction at the date of this consent but are not listed in the tables shall be represented by the physically closest location listed in the tables unless otherwise agreed by the Planning Authority.
Noise Limits dB LA90
Standardised wind speed at 10m height (m/s) within the site Property averaged over 10 minute periods 4 5 6 7 8 9 10 11 12
H35
46 Monnaboy 30.6 31.5 35.1 37.3 38.4 38.5 38.5 38.5 38.5 Road
H37
49 Monnaboy 25.3 26.3 29.8 31.9 33.0 33.1 33.1 33.1 33.1 Road
H27
63 Monnaboy 27.7 28.7 32.2 34.4 35.4 35.6 35.6 35.6 35.6 Road
H40
65 Monnaboy 27.5 28.5 32.0 34.2 35.2 35.4 35.4 35.4 35.4 Road
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H51
87 Monnaboy 26.6 27.8 31.1 33.2 34.2 34.4 34.4 34.4 34.4 Road
Property Standardised wind speed at 10m height (m/s) within the site averaged over 10 minute periods
Reason: To control the noise levels from the development at noise sensitive locations.
15. Within 4 weeks of a written request by the Planning Authority, following a noise complaint from the occupant of a dwelling which lawfully exists or has planning permission at the date of this consent, the wind farm operator shall, at his/her expense employ a suitably qualified and competent person, to assess the level of noise emissions from the wind farms (A/2009/0868/F and LA11/2015/0651/F) at the complainant's property, following the procedures described in Pages 102-109 of ETSU-R-97. Details of the noise monitoring survey shall be submitted to the Planning Authority for written approval prior to any monitoring commencing. The Planning Authority shall be notified not less than 2 weeks in advance of the date of commencement of the noise monitoring. Reason: To control the noise levels from the development at noise sensitive locations. 16. The wind farm operator shall provide to the Planning Authority the results, assessment and conclusions regarding the noise monitoring required by Conditions 3, including all calculations, audio recordings and the raw data upon which that assessment and conclusions are based. Such information shall be provided within 3 months of the date of a written request of the Planning Authority unless otherwise extended in writing by the Planning Authority. Reason: To control the noise levels from the development at noise sensitive locations. 17. Wind speed, wind direction and power generation data shall be continuously logged throughout the period of operation of the wind farm. This data shall be retained for a period of not less than 12 months. The recorded wind data, standardised to 10m height above ground level and relating to any periods during which noise monitoring took place or any periods when there was a specific noise complaint, shall be provided within 3 months of the date of a written request of the Planning Authority unless otherwise extended in writing by the Planning Authority. Reason: To facilitate assessment of monitoring exercises and complaint investigation. 18. Within 4 weeks from receipt of a written request from the Planning Authority, following an amplitude modulation (AM) complaint to it from the occupant of a dwelling which lawfully exists
Page 65 Appendix 2 or has planning permission at the date of this consent, the wind farm operator shall submit a scheme for the assessment and regulation of AM to the Planning Authority for its written approval. The scheme shall be in general accordance with: • Any guidance endorsed in National or Northern Ireland Planning Policy or Guidance at that time, or in the absence of endorsed guidance, • Suitable published methodology endorsed as good practice by the Institute of Acoustics; or in the absence of such published methodology, • The methodology published by Renewable UK on the 16th December 2013; This scheme shall be implemented within 3 months of the written request of the Planning Authority unless otherwise extended in writing by the Planning Authority. (The scheme shall contain a specified threshold as well as a measurement methodology and metric for AM) Reason: To control the levels of AM from the development at noise sensitive locations. 19. Construction work, which is audible at any noise sensitive property outside the site, shall only take place between the hours of 07.00 - 19.00 hours on Monday to Friday, 07.00 - 13.00 hours on Saturday with no such working on Sunday. Outwith these hours, work at the site shall be limited to turbine erection, testing/commissioning works, emergency works, or construction work that is not audible at any noise sensitive property. Reason: To control noise levels from construction noise at noise sensitive locations. 20. There shall be no construction works, infill or storage of materials or machinery within 20m of watercourses on site unless otherwise agreed in writing beforehand with the Department. Spoil heaps shall be served by on-site drainage systems linked to treatment ponds. Reason: To reduce the likelihood of sediment release into watercourses on site and impacts on the River Faughan SAC. 21. All in-river works shall be undertaken outside the Atlantic Salmon spawning season (31st October - 31st March). Reason: To ensure adequate protection of the River Faughan SAC. 22. Turbines shall be constructed as per the stamped approved drawings and shall not be micro- sited outwith the defined micro-sited areas without prior written consent by the Department. Reason: To safeguard telecommunication links in the locality. 23. No turbines shall be erected until a scheme for the remediation of any interference with domestic television reception that may be caused by the operation of the windfarm has been submitted to and approved in writing by the Department. Reason: To safeguard television receptions in the locality of the windfarm.
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24. Prior to the commencement of development, a report detailing measures to mitigate the effects of shadow flicker on nearby residential properties, should such problems arise within 5 years of the development being commissioned, shall be submitted to and agreed in writing with the Department. The report and mitigation measures should include timescales within which resolution of a problem should take place. Reason: In the interests of residential amenity. 25. All above ground structures shall be dismantled and removed from the site 25 years from the date when the wind farm is commissioned to the electricity grid or shall be removed if electricity generation has ceased on site for a period of 6 months (unless further consent has been granted). At least one year prior to the commencement of any decommissioning works a restoration scheme shall be submitted to and agreed in writing with the Department. This scheme shall include details of all works and measures to restore the site, the timeframe within which the works shall be carried out along with proposals for aftercare for a period of 3 years after completion of the restoration works. Reason: To restore the habitat and maintain the landscape quality of the area. 26. The vehicular access, including visibility splays and any forward sight distance, shall be provided in accordance with Drawing No. 04 bearing the date stamp 23 October 2015, prior to the commencement of any other development hereby permitted. The area within the visibility splays and any forward sight line shall be cleared to provide a level surface no higher than 250mm above the level of the adjoining carriageway and such splays shall be retained and kept clear thereafter. Reason: To ensure there is a satisfactory means of access in the interests of road safety and the convenience of road users. 27. The development hereby permitted shall not commence until effective vehicle wheel washing facilities have been installed and brought into operation for the construction period of the development hereby approved. Reason: To prevent the carry-over of mud or debris onto the public road in the interests of road safety and convenience. 28. Prior to the commencement of the development hereby permitted, the developer shall in association with the Department carry out a condition survey on all haul routes. At the developers expense they shall carry out and provide to the Department a video detailing the condition of the existing public roads being considered as haul routes. Reason: To ensure that the road works considered necessary to provide a proper, safe and convenient means of access to the site are carried out at the appropriate time
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29. During construction works, daily inspections of all haul routes shall be carried out and recorded and retained for inspection purposes if required. Reason: To ensure that the road works considered necessary to provide a proper, safe and convenient means of access to the site are carried out at the appropriate time 30. A detailed programme of Works and any required / associated traffic management proposals shall be submitted to and agreed with the Department prior to the commencement of any development hereby permitted. Reason: To facilitate the convenient movement of all road users and the orderly progress of work in the interests of road safety. 31. The developer shall notify the Department in writing of the date of commencement of works on site and of the date when the turbines have become operational. Reason: To ensure compliance with appropriate conditions
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Derry City and Strabane District Council Planning Committee Report
COMMITTEE DATE: 6th June 2018
APPLICATION No: A/2011/0115/F
APPLICATION TYPE: Major
PROPOSAL: Extension to quarry including consolidation and deepening of extraction areas previously approved under planning consents A/1998/0635/F and A/442/75, retention of entrance gates and security fence, installation of wheel-wash, weighbridge and office use, use of mobile crushing and screening plant (mobile jaw crusher, mobile cone crusher and mobile screener), native species planting, landscaping and full site restoration
LOCATION: Gortree Quarry, Gortree Road, Gorticross, Londonderry
APPLICANT: AS Ballantine Ltd
AGENT: 6 West
ADVERTISEMENT: 23.03.2011, 27.08.2013
RECOMMENDATION: Approve
REASON FOR PRESENTATION TO COMMITTEE: Major application
All planning application forms, drawings, letters etc. relating to this planning application are available to view on www.planningni.gov.uk
1. Description of Proposed Development Extension to quarry including consolidation and deepening of extraction areas previously approved under planning consents A/1998/0635/F and A/442/75, retention of entrance gates and security fence, installation of wheel-wash, weighbridge and office use, use of mobile crushing and screening plant (mobile jaw crusher, mobile cone crusher and mobile screener), native species planting, landscaping and full site restoration. The development is estimated to be carried out over a 15 year period and will extract approximately 60000 tonnes of Dalradian grit and slate. This is an existing hard rock quarry and
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therefore blasting is the previously approved extraction method, blasting is also proposed under this application.
2. Site and Surrounding Area Gortree Quarry is an existing hard rock quarry located off the Gortree Road approximately 115m south-east of No.110 Gortree Road. The site has been in operation from 1975 when operations were first approved under application A/442/75.
Figure 1 – Site location
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Figure 2 – Current aerial view of existing quarry
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Figure 3 – mobile cone crusher proposed on site
Figure 4 – mobile screener proposed on site.
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The site is visible from the Gortree Road on approach from the south. Proposed bunding of the southern boundary and removal of the existing redundant plant will improve the visual integration the site has with the surrounding environment.
On approach the site is very exposed across the western access and southern boundary. Security gates and fencing line the western boundary of the site and the front of the access has been concreted. Existing plant is located to the front of the site, however this is to be removed and replaced with mobile plant.
Due to the nature of works, all stockpiles of material are kept on the working quarry floor which limits their visual impact and risk of dust pollution. Operations propose to deepen the site and progress extraction predominately eastwards and north-eastward.
Figure 5 – showing sectional arrangement along site.
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Figure 6 – Proposed sections showing extraction depth.
3. EIA Determination
The application is within Category 2(A) of Schedule 2 of the Planning (Environmental Impact Assessment) Regulations (NI) 1999. The Department for the Environment completed a determination on the 20th July 2011, allowing that the proposal did not require an Environmental Statement.
4. Site Constraints
River Foyle and tributaries SAC and ASSI
5. Neighbour Notification Report
Neighbour Address Date Neighbour Notified 01,54 Kilnappy Road,Ligg,Campsie,Londonderry,Londonderry,BT47 07/07/2011 3LG,
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110 Gortree Road,Gorticross,Drumahoe,Londonderry,BT47 3LN, 07/07/2011 114 Gortree Road,Gorticross,Drumahoe,Londonderry,BT47 3LN, 07/07/2011 120 Gortree Road,Gorticross,Drumahoe,Londonderry,BT47 3LN, 07/07/2011 121 Gortree Road,Gorticross,Drumahoe,Londonderry,BT47 3LN, 07/07/2011 124 Gortree Road,Gorticross,Drumahoe,Londonderry,BT47 3LN, 07/07/2011 87A Gortree Road, Managh Beg,Drumahoe,Londonderry,BT47 3LL, 07/07/2011 87 Gortree Road, Managh Beg,Drumahoe,Londonderry,BT47 3LL, 07/07/2011 Gorticross Road,Gortree,Drumahoe,Londonderry,BT47 3LW, 07/07/2011 The above neighbours were notified on 7.7.2011
114 Fincairn Road,Gorticross,Drumahoe,Londonderry,BT47 3LE, 26/07/2011 115 Fincairn Road,Gorticross,Drumahoe,Londonderry,BT47 3LE, 26/07/2011 116 Fincairn Road,Gorticross,Drumahoe,Londonderry,BT47 3LE, 26/07/2011 117 Fincairn Road,Gorticross,Drumahoe,Londonderry,BT47 3LE, 26/07/2011 11 Gortree Road,Gortica,Drumahoe,Londonderry,BT47 3LJ, 26/07/2011 126 Fincairn Road,Mobuoy,Drumahoe,Londonderry,BT47 3LF, 26/07/2011 1,27 Gortree Road,Gortica,Drumahoe,Londonderry,BT47 3LJ, 26/07/2011 12 Gortnessy Road,Gortnessy,Drumahoe,Londonderry,BT47 3NL, 26/07/2011 135 Fincairn Road,Gorticross,Drumahoe,Londonderry,BT47 3LF, 26/07/2011 13 Gortree Road,Gortica,Drumahoe,Londonderry,BT47 3LJ, 26/07/2011 141 Fincairn Road,Ligg,Drumahoe,Londonderry,BT47 3LF, 26/07/2011 15 Gortree Road,Gortica,Drumahoe,Londonderry,BT47 3LJ, 26/07/2011 19 Gortree Road,Gortica,Drumahoe,Londonderry,BT47 3LJ, 26/07/2011 1 Gortree Road,Gortica,Drumahoe,Londonderry,BT47 3LJ, 26/07/2011 21 Gorticross Road,Gortree,Drumahoe,Londonderry,BT47 3LW, 26/07/2011 24 Kilnappy Road,Ardnaguniog,Campsie,Londonderry,Londonderry,BT47 26/07/2011 3JP, 26 Gortnessy Road,Gortnessy,Drumahoe,Londonderry,BT47 3NL, 26/07/2011 28 Gortnessy Road,Gortnessy,Drumahoe,Londonderry,BT47 3NL, 26/07/2011 2 Gortree Road,Gortica,Drumahoe,Londonderry,BT47 3LJ, 26/07/2011 30 Gortnessy Road,Gortnessy,Drumahoe,Londonderry,BT47 3NL, 26/07/2011 35A Gortree Road, Managh Beg,Drumahoe,Londonderry,BT47 3LL, 26/07/2011 35 Gortree Road,Gortica,Drumahoe,Londonderry,BT47 3LL, 26/07/2011 37 Gortree Road, Managh More,Drumahoe,Londonderry,BT47 3LL, 26/07/2011 3 Gortree Road,Gortica,Drumahoe,Londonderry,BT47 3LJ, 26/07/2011 40 Gortree Road, Managh More,Drumahoe,Londonderry,BT47 3LL, 26/07/2011 42 Gortree Road, Managh More,Drumahoe,Londonderry,BT47 3LL, 26/07/2011 42 Kilnappy Road,Ligg,Campsie,Londonderry,Londonderry,BT47 26/07/2011 3LG, 43 Gorticross Road,Tirbracken,Drumahoe,Londonderry,BT47 3LP, 26/07/2011 44 Gortree Road, Managh More,Drumahoe,Londonderry,BT47 3LL, 26/07/2011 44 Kilnappy Road,Ligg,Campsie,Londonderry,Londonderry,BT47 26/07/2011 3LG, 45 Gorticross Road,Tirbracken,Drumahoe,Londonderry,BT47 3LP, 26/07/2011 45 Gortree Road, Managh More,Drumahoe,Londonderry,BT47 3LL, 26/07/2011 46 Gortree Road, Managh More,Drumahoe,Londonderry,BT47 3LL, 26/07/2011 47 Gorticross Road,Tirbracken,Drumahoe,Londonderry,BT47 3LP, 26/07/2011 49 Kilnappy Road,Ligg,Campsie,Londonderry,Londonderry,BT47 26/07/2011 3LG,
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50 Tirbracken Road,Gortica,Drumahoe,Londonderry,BT47 3LS, 26/07/2011 52 Gortree Road, Managh Beg,Drumahoe,Londonderry,BT47 3LL, 26/07/2011 52 Tirbracken Road,Gortica,Drumahoe,Londonderry,BT47 3LS, 26/07/2011 54 Tirbracken Road,Gortica,Drumahoe,Londonderry,BT47 3LS, 26/07/2011 58 Gortree Road, Managh Beg,Drumahoe,Londonderry,BT47 3LL, 26/07/2011 5 Gortree Road,Gortica,Drumahoe,Londonderry,BT47 3LJ, 26/07/2011 5 Whitehill Road,Gortnessy,Eglinton,Londonderry,BT47 3LH, 26/07/2011 60 Tirbracken Road,Gortica,Drumahoe,Londonderry,BT47 3LS, 26/07/2011 62 Gortree Road,Gortree,Drumahoe,Londonderry,BT47 3LL, 26/07/2011 64 Gortree Road,Gortree,Drumahoe,Londonderry,BT47 3LL, 26/07/2011 66A Gortree Road,Gortree,Drumahoe,Londonderry,BT47 3LL, 26/07/2011 6 Whitehill Road,Avish,Eglinton,Londonderry,BT47 3LH, 26/07/2011 72 Gortree Road,Gortree,Drumahoe,Londonderry,BT47 3LL, 26/07/2011 74 Gortree Road,Gortree,Drumahoe,Londonderry,BT47 3LL, 26/07/2011 75 Fincairn Road,Fincarn,Drumahoe,Londonderry,BT47 3LE, 26/07/2011 76 Gortree Road,Gortree,Drumahoe,Londonderry,BT47 3LL, 26/07/2011 7 Gortree Road,Gortica,Drumahoe,Londonderry,BT47 3LJ, 26/07/2011 7 Whitehill Road,Gortnessy,Eglinton,Londonderry,BT47 3LH, 26/07/2011 9 Gortree Road,Gortica,Drumahoe,Londonderry,BT47 3LJ, 26/07/2011 Presbyterian Church Hall, Gortnessy 26/07/2011 Road,Gortnessy,Drumahoe,Londonderry,BT47 3NL, The above neighbours were notified on 26.7.2011
37 Gortree Road,Managh More,Drumahoe,Londonderry,BT47 3LL, 06/09/2011 This neighbour was notified on 6.9.2011
All the neighbour listed above have been notified upon receipt of amended plans/additional information on the following dates; 18.06.2013 14.08.2013 19.08.2013 07.03.2017 15.05.2017 22.12.2017
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6. Relevant Site History Reference Location Proposal Decision / Date
A/1998/0635 Gortree Road Extraction and PERMISSION Gorticross processing of rock, GRANTED Londonderry requiring site access 23.01.2002 improvements and retention of crushing and screening plant, office and weighbridge A/1994/0984 Gortree Road Extension to sand and Permission granted Gorticross gravel extraction Londonderry A/1975/0442 Gorticross upper, Development of an Permission Granted drumahoe existing quarry
7. Policy Framework A Planning Strategy for Rural Northern Ireland Derry Area Plan 2011 Strategic Planning Policy Statement (SPPS) 2015 PPS 2 – Planning and Nature Conservation PPS 3 – Access, Movement and Parking (Revised) PPS 6 – Planning, Archaeology and the Built Heritage PPS 15 – Planning and Flood Risk PPS 21 – Sustainable Development in the Countryside
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8. Consultee Responses
Consultee Consultations Final Commemts DFI Roads 7 Consultations No Objections - Conditions & Informatives (20/12/2017) Environmental Health 8 Consultations Cleared - Conditions (05/06/2017) Shared Environmental Services 1 Consultation HRA Stage 1 Test of Likely Significance completed, no likely significant effect identified. Not likely to have significant effect on River Faughan & Tributaries SAC or other European/Ramsar site. Further assessment not required (21/08/2015) Water Management Unit 3 Consultations No Objection (02/12/2011) Health & Safety Executive for NI 2 Consultation Would be advantageous to rotate working faces through 90 degrees and blast in northerly direction to minimise risk of potential fly rock going in direction of occupied premises and will result in a more stable quarry face (03/08/2011) Natural Environment Division 3 Consultation No objections - informatives (19/07/2011) Some objections but assessed MKA comments and stated adequate info to assess proposal Countryside Management Branch 2 Consultations Welcomed inclusion of landscaping plan (15/07/2011) Landscape Architects Branch 4 Consultations No Objection (05/05/2011) Londonderry Development Plan 1 Consultation No Objection (29/03/2011)
Rivers Agency 1 Consultation Consulted in error (29/03/2011)
9. Representations A total of 32 objections have been received in relation to this proposal. The main points are summarised below; The status of the quarry - many objectors considered the quarry to be inactive and as such this influenced their decision to purchase their property in this location. The impact of this proposal upon the amenity of local residents, many issues in respect of amenity have been raised by the objectors - Noise and dust from quarry operations. Noise, dust and inconvenience from increased traffic. Impact upon landscape quality of the area. Impact on the rural character of the area. Impact upon property prices. Impact on structural integrity of properties, through increased road traffic and blasting activity.
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Requirement for the submission of an Environmental Statement. Impact upon landscape character Impact upon road safety due to increased traffic. Inadequacy of haul route. Passing bay provision. Impact upon human health from increased dust and noise. Impact upon local wildlife – Badgers, birds, Removal of hedgerows and verges. Health and safety risk of proposed blasting quarry. Legality of existing quarry, conditions relative to extraction cessation. Impact of surface water from the site. Inadequacy of restoration proposals at the site. No archaeological assessment. Impact upon tourism.
These impacts will be appropriately assessed through the planning assessment below.
10. Planning Assessment and Other Material Considerations
Section 6 (4) of the Planning Act (Northern Ireland) 2011 requires Council to make planning decisions in accordance with the Local Development Plan unless other material considerations indicate otherwise.
The provisions of the Strategic Planning Policy Statement for Northern Ireland (SPPS) are a material consideration. This policy document sets out the transitional arrangements that will operate until Council has adopted a Plan Strategy for the whole of the council area. During this transitional period Council will apply the SPPS and retained planning policy statements. In addition to the Derry Area Plan and SPPS the relevant policy context to be considered is also contained within:
A Planning Strategy for Rural Northern Ireland PPS 2 – Planning and Nature Conservation PPS 3 – Access, Movement and Parking (Revised) PPS 6 – Planning, Archaeology and the Built Heritage PPS 15 – Planning and Flood Risk PPS 21 – Sustainable Development in the Countryside
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Derry Area Plan 2011
Policy MIN1 of the DAP sets out a particular zoning for the constraint on mineral development, this identifies a corridor along the Faughan Valley and lands adjacent to the River Foyle, within which there is the presumption against the grant of planning permission for the extraction or processing of mineral. This site is not within any of those boundaries and as such there is no spatial constraint on mineral extraction at this site.
Strategic Planning Policy Statement (SPPS)
Paragraph 6.148 states that Minerals, including valuable minerals, are an important natural resource and their responsible exploitation is supported by Government. The minerals industry makes an essential contribution to the economy and to our quality of life, providing primary minerals for construction, such as sand, gravel and crushed rock, and other uses, and is also a valued provider of jobs and employment, particularly in rural areas.
Paragraph 6.149 state that the Sustainable Development Strategy recognises that while it is important that we respect the limits of our natural resources and ensure a high level of protection and improvement of the quality of our environment, ‘sustainable development’ does not prevent us from using and capitalising on such resources. An enduring successful economy will effectively use natural resources and contribute towards the protection of the environment.
Paragraph 6.150 state that while minerals development delivers significant economic benefits, there are also a number of challenges arising from this form of development which fall to be addressed through the planning system. The effects of specific proposals can have significant adverse impacts on the environment and on the amenity and well-being of people living in proximity to operational sites. This presents a challenge because minerals can only be extracted from sites where they occur, and there may be limited opportunities for consideration of alternative sites. A further challenge is related to the restoration of sites upon completion of work associated with the extraction and processing of materials.
Paragraph 6.151 states that the planning system has a key role to play in facilitating a sustainable approach to minerals development, and ensuring the appropriate restoration of sites after working has ceased.
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Paragraph 6.152 states that the regional strategic objectives for minerals development are to:
Facilitate sustainable minerals development through balancing the need for specific minerals development proposals against the need to safeguard the environment;
Minimise the impacts of minerals development on local communities, landscape quality, built and natural heritage, and the water environment; and
Secure the sustainable and safe restoration, including the appropriate re-use of mineral sites, at the earliest opportunity.
Following consultation with expert bodies within NIEA it is considered potential environmental impacts have been addressed and adequately mitigated. The application proposes a restoration plan which is to the satisfaction of the statutory bodies, this will be conditioned to ensure restoration of the site.
A Planning Strategy for Rural Northern Ireland
Policy MIN 1: Environmental Protection
To assess the need for the mineral resource against the need to protect and conserve the environment.
This policy states that the Department (the Council) will ‘balance the case for a particular mineral working proposal against the need to protect and conserve the environment, taking account of all relevant environmental, economic and other considerations’.
The policy specifies that in all areas, decisions on mineral applications will be made with regard to the preservation of good quality agricultural land, tree and vegetation cover, wildlife habitats, natural features of interest in the landscape, and sites of archaeological and historic interest. The application site is not located on good quality agricultural land, it is located at an existing quarry and improved grassland.
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NIEA Natural Heritage had no objections to the proposed development, stating that the existing quarry and improved grassland is of low nature conservation value and that no significant effects will result from the proposal. Contrary to the points raised by the objectors, no protected species have been identified by NIEA. It is further considered that conditioning of the restoration will ensure that biodiversity in this area is protected and maintained.
NIEA Natural Heritage and Shared Environmental Services were both satisfied that the development would not impact on the River Foyle and Tributaries ASSI and SAC and have undertaken a Habitats Regulations Assessment (HRA). Shared Environmental Services were also consulted regarding the HRA, they screened the proposal out at stage 1, stating that the potential impact of this proposal on Special Protection Areas, Special Areas of Conservation 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 of River Faughan and Tributaries SAC or any other European/Ramsar site.
This policy indicates measures should be included to prevent pollution of groundwater. NIEA Water Management Unit have considered the Hydrogeological report submitted by the agent in 2011. They have no objections to the proposal subject to the mitigation as set out within the report.
The site is not within any identified flood plain.
Countryside Management Branch have also considered the detail of the restoration plan as submitted and found it to be acceptable.
This policy also advises that, 'Extensions to existing mineral workings which minimise environmental disturbance in the countryside will normally be preferred to new workings on green field sites'. In this case the proposal incorporates a deepening and extension of a previously approved quarry operation. The majority of the existing site boundaries will be maintained and strengthen by appropriate landscaping, native planting and the entire site will be included in a restoration plan. The previous permission (A/1998/0635/F) did not have a conditioned time bound extraction period, any conditions relative to restoration were bound to the exhaustion of the approved reserves. From the consideration of the previously approved sections it is relevant that there are significant reserves that were previously approved remaining in situ.
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Condition 11 of the 1998 approval reads:
In the event of operations ceasing in advance of the exhaustion of approved reserves for a continuous period of 12 months and within 3 months of a written request from the Department, a timescale for the implementation of the restoration scheme shall be submitted to the Department for its approval in writing. The restoration scheme shall be implemented in accordance with the approved plan (Drawing No 4) date stamped 23 JAN 2002 and within the approved timescale. In the event that agreement is not forthcoming the Department shall determine the appropriate restoration timescale.
Reason: To facilitate restoration of the site.
No written request was made to the applicant for a restoration plan by the Department, therefore no adequate restoration plan was ever forwarded for the site. On the wording of the above condition it would be difficult to compel the applicant to implement one whilst the quarry remains active. Pioneer Aggregates (UK) Limited V Secretary Of State for The Environment: Hl 1985 has also shown that it is a very low threshold of activity to keep the quarry active, this case demonstrates the well accepted principle that every shovelful of material represents development capable of maintaining a permission. Therefore it is suggested that the approval of this scheme, bound to a specific time frame and with an enforceable restoration plan represents a significant improvement for the landscape character and amenity than the 1998 approval.
In terms of environmental protection in the context of this proposal, the site the application and its environmental impacts have been subject to scrutiny by planning officers, the appropriate consultees, the objectors concerns have also been fully considered by the consultees and the proposal deemed acceptable. The proposal was not found to be contrary to this policy.
MIN 2 Visual Implications To have regard to the visual implications of mineral extraction
The policy indicates that visual intrusion is the most significant environmental impact associated with mineral workings and reiterates the need for conditions designed to avoid or mitigate against visual disturbance. As detailed previously, an active quarry exists at this location, it is proposed to deepen and extend the extraction areas, there will be no perceivable detrimental change when viewing this site from the public road as any extended extraction will not be visible from the public
Page 83 Appendix 3 road network. There are also short range visual benefits of the removal of the redundant plant which sits to the frontage of the site.
It is my considered professional opinion that the site is not visually intrusive given the undulating topography of the area and intervening vegetation which reduces the visual impact of the proposed development.
View from the site frontage looking Southwards, note bunding and fencing adjacent to the roadside, the bunding was a conditioned feature of the previous approval.
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View from the site frontage looking along the frontage showing access, bunding and fencing.
View from site frontage showing access and existing fixed plant.
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Views of the site looking northward, note how the existing bunding functions in screening views of the working faces.
Critical views of the proposal are limited, even from the Gortree Road itself, only the redundant buildings and plant are essentially visible. Due to the curvature of the roadway and the position of the site within a valley, local and long range views of the proposal are limited.
View taken from site frontage looking outward to the wider landscape, note how topography and local land form obscure many longer range views into the site.
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The view that the proposal does not have a significant impact upon landscape quality is further supported by the comments made by Landscape Architects Branch which state that:
Landscape Architects Section has considered all the available information in relation to this application, including in particular the ‘Landscape Plan & Planting Plan’ and the ‘Restoration Plan’.
We would have no objection to this application proceeding as the aforementioned additional information is satisfactory.
A restoration plan is included as part of the proposal. The quarry will be restored at the final phase. Where possible, during the operation of the quarry, progressive landscaping through the placement of soil forming materials and spreading of soils shall be carried out to minimise the area of land without vegetation. As part of the restoration phase all bunds will be retained and the hard rock quarry floor flooded to create water feature with landscaped benches and exposed rock walls.
It is important that consideration should also be given to the “temporary” nature of the proposed extraction i.e. over a 15 year period with restoration to be completed by year 20. As well as full account of the economic aspects of the proposal including the wider benefits to the regional or local economy, alongside social and environmental aspects. This application is for the extraction of sand and gravel within the rural setting. The proposed extraction at the site will sustain employment (5 full time positions) in an area where employment opportunities may not normally arise or be readily available. This is especially important given the current economic climate, where employment rates are low. This proposal would contribute to the local economy, maintaining a rural business and contribute to a working countryside in conformity with the strategic planning guidelines in the Regional Development Strategy. It is my considered opinion that the economic benefit of the proposal would outweigh the extremely limited visual impacts that would result from the 15 years of extraction at the site.
MIN 3 Areas of Constraint
To identify areas of constraint on mineral Development
The site of the proposed quarry extension does not fall within an Area of Constraint on Minerals Development (ACMD). There are no restrictive designations affecting the site which would prevent the extraction of minerals at the site and therefore the proposal does not conflict with this policy.
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MIN 4 Valuable Minerals
Applications to exploit minerals, limited in occurrence and with some uncommon or valuable property will be considered on their merits
There are no known minerals of relatively limited occurrence in this area. Therefore, the proposal is not contrary to this policy.
Policy MIN 5 Mineral Reserves Surface development which would prejudice future exploitation of valuable mineral reserves will not be permitted The proposal will not prejudice future exploitation of valuable mineral reserves. The proposal is not contrary to this policy.
Policy MIN 6: Safety and Amenity
To have particular regard to the safety and amenity of the occupants of developments in close proximity to mineral workings.
In order to fully assess the proposal’s impacts on the safety and amenity of residents living in close proximity to the proposed development, the Council has sought comments from Health and Safety Executive Northern Ireland (HSENI) and Derry City and Strabane District Council Environmental Health Department (EHD).
EHD initially raised concerns regarding potential impacts of the proposal in relation to noise. These concerns were addressed in the further acoustic reports and extraction statements provided. They go on to state that;
The applicant has provided a reasonably comprehensive noise assessment which quantifies the expected noise from general site activities.
The applicant has confirmed that noise from general site activities (extraction, screening, crushing, site traffic) will not exceed a noise limit of 41dBLAeq at the closest residential receptor.
Environmental Health will therefore be recommending that a noise limit of 41dBLAeq be attached to the decision notice to control noise from these operations.
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The applicant states that shot drilling will result in predicted noise levels of up to 55dBLAeq unscreened at the closest property (Receptor 3, 118 Gortree Road). The applicant goes on to state that a temporary movable screening product may be used to significantly reduce noise levels.
Environmental Health Service recommended that if the Planning Department are minded to approve this application, the proposed conditions to protect nearby residents from dust, noise & vibration from extraction and explosive blasting activities are attached to any approval.
HSENI were also consulted on this application and offered no objections. It is therefore considered that they are content with the detail of the application.
It is considered that adherence to the conditions as outlined in section 12 of this report will ensure that the safety and amenity of occupants in close proximity to the proposed development will not be compromised. Therefore the proposal is not contrary to this policy.
Policy MIN 7: Traffic
To take account of the safety and convenience of road users and the amenity of persons living on roads close to the site of proposed operations.
A significant difference of opinion existed between Dept for Environment HQ (who had initial responsibility for processing this application) and Roads service in respect of the ability of the authority to request improvements to access and hauling arrangements for the proposal. DOE took the considered opinion that the proposal, in line with the prevailing case law, that the quarry was the extension to an active quarry. Thus, if the proposed levels of extraction were commensurate with the approved levels, no intensification of use was evident. Therefore if no intensification of use was evident then additional burden could not be placed upon the applicant.
This legal position is indeed correct in planning terms, and whilst DCDSD accept that this quarry is an existing use which can operate at a haulage frequency of 10 goods vehicles per day, it also acknowledges that issues in respect of road safety cannot simply be set aside, particularly when they have been raised by a significant number of objectors. As such this authority chose to engage with DFI Roads and arrive at a solution which balanced the issues raised by objectors against the existing conditions and history on site. As a result a new haul route was agreed with passing bays to be constructed within the public verge, which is property of DFI roads. This work is to be
Page 89 Appendix 3 completed under bond and conditioned as part of the approval. As a result DFI Roads have recommended approval of this proposal. The number of vehicle movements and rate of extraction proposed remain commensurate with the 1998 approval, 60,000 tonnes per annum and 11 vehicle visits per day and as such there is no significant intensification over the level which was approved.
DFI Roads have also considered all the points in respect of road safety raised by the specific objectors and reiterate that they are content that the proposal will not have an impact on the safety and convenience of road users.
Policy MIN 8: Restoration
To require mineral workings to be restored at the earliest opportunity.
Conditions requiring restoration of the site in line with the restoration scheme submitted would be attached to any approval to ensure implementation.
A restoration plan is included as part of the proposal. The quarry will be restored at the final phase. Where possible, during the operation of the quarry, progressive landscaping through the placement of soil forming materials and spreading of soils shall be carried out to minimise the area of land without vegetation. As part of the restoration phase all bunds will be retained and the hard rock quarry floor flooded to create water feature with landscaped benches and exposed rock walls.
The use of conditions will also ensure that all plant, machinery and scrap metal be removed from the site upon cessation of working at the site.
Landscape Architects, Countryside Management Branch and NIEA have all found the restoration scheme acceptable.
PPS2 Natural Heritage
Among the numerous functions of the Department of the Environment for NI are nature conservation and planning. The Council is responsible for the regulation of development and land use, whilst NIEA is responsible for conservation of the natural environment and the control of pollution.
This policy document describes the statutory framework that helps to protect designated areas of earth science importance and outlines the criteria to consider when processing applications which might affect nature conservation interests and to which developers should have regard when preparing proposals. NIEA have stated that the existing biodiversity value of the site is low.
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Following consultation with relevant expert bodies including NIEA Natural Heritage, it is considered that the proposal is not contrary to PPS2. NIEA Natural Heritage has no objections to the proposed development site subject to conditions. Shared Environmental Services have screened the development in respect of a HRA and resolved that based on a Test of Likely Significance, the proposal is not likely to have an impact upon any protected area.
PPS 3 Access, Movement and Parking
Sets out the planning policies for vehicular and pedestrian access, transport assessment, the protection of transport routes and parking.
The Council has sought comments for TNI, the competent statutory body regarding roads infrastructure. TNI now have no objections to the proposed development subject to conditions upon any approval of the application. It is therefore considered that the application is complies with the requirements of this policy.
PPS 15 Planning and Flood Risk
The susceptibility of all land to flooding is a material consideration in determining planning applications. Development proposals may be directly at risk from flooding and/or may increase the risk elsewhere. The consequences for occupiers in such cases, both in terms of personal safety and damage to property, can be serious. Where a flood risk is known to exist, the Council will pay particular regard to these considerations when determining planning applications.
The hyrdogeological assessment as submitted details the means of drainage for the site to the satisfaction of consultees.
PPS21 Sustainable Development in the Countryside
This PPS sets out the main planning considerations for the control of development in the countryside.
Policy CTY1 deals in general terms with development in the countryside.
Non-Residential Development
Planning permission will be granted for non-residential development in the countryside in the following cases:
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Minerals development in accordance with the MIN policies of PSRNI (as above).
As the proposed development is in compliance with the MIN policies of PSRNI it is therefore considered that the proposed minerals extraction conforms to the requirements of PPS21.
11. Conclusion and Recommendation
The consideration of the proposal is finely balanced between potential impacts on amenity, the fact that minerals can only be extracted were they occur and the potential economic benefits of the proposal. It must also be considered that this is an existing quarry which could potentially commence operations tomorrow at a rate commensurate with the proposed application. The existing fixed washing plant, screener and crusher are redundant and remain in situ. This proposal intends to remove these and utilise mobile plant on site. This is a benefit of the proposal. The ultimate restoration of the site to the satisfaction of all statutory agencies is also a distinct positive. The concerns of objectors have been considered in this proposal and has resulted in a safer haul route with appropriate passing areas. Concerns in relation to amenity have been considered by Environmental Health Department and planning officers and deemed acceptable. In terms of landscape quality, Landscape Architects Branch have considered that proposal acceptable. Similarly all statutory agencies have considered the proposal as having an acceptable impact upon the water environment.
The previous permission (A/1998/0635/F) did not have a conditioned time bound extraction limit, any conditions relative to restoration and cessation of activities were bound to the exhaustion of the approved reserves.
Condition 11 of the 1998 approval reads:
In the event of operations ceasing in advance of the exhaustion of approved reserves for a continuous period of 12 months and within 3 months of a written request from the Department, a timescale for the implementation of the restoration scheme shall be submitted to the Department for its approval in writing. The restoration scheme shall be implemented in accordance with the approved plan (Drawing No 4) date stamped 23 JAN 2002 and within the approved timescale. In the event that agreement is not forthcoming the Department shall determine the appropriate restoration timescale.
Reason: To facilitate restoration of the site.
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This then makes it entirely difficult for the Council to control any cessation of use or restoration of the site, no adequate restoration plan was ever forwarded for the site and on the wording of the above condition it would be difficult to compel the applicant to implement one whilst the quarry remains active.
Pioneer Aggregates (UK) Limited V Secretary Of State for The Environment: Hl 1985 has also shown that it is a very low threshold of activity to keep the quarry active, this case demonstrates the accepted legal principle that every shovelful of material represents development capable of maintaining a permission. Therefore the view could be taken that the approval of this scheme, bound to a specific time frame of 15 years and with an enforceable cessation date and restoration plan represents a significant benefit to the character and amenity of the area.
In terms of the economic aspects of the consideration, the principle of "sustainable development" is that we have a moral duty to look after our environment and to hand it on in good order to future generations. In the context of minerals this principle poses particular difficulties. Whilst Mineral working can never be entirely reversed full account should be taken of the economic aspects of the application including the wider benefits to the regional or local economy, alongside social and environmental aspects. This application is for the extraction of slate and grit within the rural setting. The proposed extraction at the site will sustain 5 full time positions in an area where employment opportunities may not normally arise or be readily available. This is especially important given the current economic climate, where employment rates are low. This proposal would contribute to the local economy, maintaining a rural business and contribute to a working countryside in conformity with the strategic planning guidelines in the Regional Development Strategy.
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12. Proposed 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. The development shall be carried out in accordance with the stamped approved Drawings No: 16 & 17 date stamp 06 June 2013, the Site Location Plan date stamp 02 March 2011 and the Haul Route and Passing Bays drawing date stamp 30 November 2017.
Reason: To ensure the development is carried out in accordance with the approved plans.
3. The existing access with Gortree Road including visibility splays of 4.5 metres by 90 metres to the north and 4.5 metres by 70 metres to the south, shall be retained. The area within the visibility splays and any forward sight line shall be cleared to provide a level surface no higher than 250mm above the level of the adjoining carriageway and such splays shall be retained and kept clear thereafter. Reason: To ensure there is a satisfactory means of access in the interests of road safety and the convenience of road users.
4. No other development hereby permitted shall become operational until the road works indicated on the Haul Route and Passing Bays drawing bearing the date stamp 30 November 2017 have been fully completed in accordance with the approved plans and specification. Reason: To ensure that the road works considered necessary to provide a proper, safe and convenient means of access to the site are carried out at the appropriate time.
5. The development hereby permitted shall not become operational until effective vehicle wheel washing facilities have been installed and brought into operation for the lifetime of the development approved. Reason: To prevent the carry-over of mud or debris onto the public road in the interests of road safety and convenience.
6. Noise from ‘rock hammering’, ‘air drilling’ and ‘extraction activities’ shall not exceed a cumulative noise level of 41dBLAeq (1hr) within the garden of the closest residential property.
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Reason: To safeguard the living conditions of residents in adjoining and nearby properties.
7. Within 3 months of the development becoming fully operational (unless otherwise extended with the agreement of Derry City and Strabane District Council) the operator shall at his/her expense employ a suitably qualified and competent person to undertake a noise survey to assess the level of noise emissions from the quarry during typical operation. The duration of such monitoring shall be sufficient to provide comprehensive information on noise levels during typical operations. Details of the noise monitoring survey shall be submitted to Derry City and Strabane District Council for written approval prior to any monitoring commencing. Derry City and Strabane District Council shall be notified not less than 2 weeks in advance of the date of commencement of the noise survey.
Reason: To safeguard the living conditions of residents in adjoining and nearby properties.
8. ‘Rock hammering’, ‘air drilling’ and ‘extraction activities’ shall not take place within the proposed development site outside the following hours:-
08.00 – 18.00 Mondays – Fridays 08.00 – 13.00 Saturdays and not at all on Sundays or Public Holidays
Reason: To safeguard the living conditions of residents in adjoining and nearby properties.
9. Rock hammering’, and the combined ‘air drilling’ and ‘extraction activities at the working face’ shall not occur concurrently.
Reason: To safeguard the living conditions of residents in adjoining and nearby properties.
10. Air drilling plant shall only be operated for 1 day within any consecutive 14 days.
Reason: To safeguard the living conditions of residents in adjoining and nearby properties.
11. Blasting conducted within the proposed development shall not exceed a peak particle velocity of 6 mm/second at the nearest residential property.
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Reason: To safeguard the living conditions of residents in adjoining and nearby properties.
12. No blasting shall be permitted between the hours of 18.00 to 08.00, or at any time on Sundays, except in the following circumstances: a. In an emergency situation where there is a danger to persons in the proposed development. b. Within a defined part of the proposed development and on a specified date or dates with prior written consent of the Department.
Reason: To safeguard the living conditions of residents in adjoining and nearby properties.
13. During shot drilling, a mobile acoustic barrier (Quilt/Curtain) with a sound reduction index (RW) not less than 23dB and a minimum height of 2m shall be placed in the appropriate position between the drilling rig and any noise sensitive property where noise levels are predicted to exceed 41dBLAeq (in the absence of the barrier). The mobile barrier shall be sufficiently long enough to minimise flanking transmission.
Reason: To safeguard the living conditions of residents in adjoining and nearby properties.
14. All dust mitigation measures specified in the document entitled ‘Dust Impact Assessment’ prepared by Envest Environmental Ltd and dated 23rd June 2014, shall be instigated to minimise the generation and movement of dust from the proposed development to surrounding residential dwellings.
Reason: To safeguard the living conditions of residents in adjoining and nearby properties.
15. If the evidence collected shows that groundwater will be encountered during the works, NIEA would require a hydrogeological assessment to be carried out to ensure that no unacceptable risk will be posed by any dewatering activities.
Reason: To safeguard the water environment.
16. No abstraction, impoundment, diversion or discharge of surface water or groundwater should occur within or from the development site unless the relevant permissions have been obtained i.e. abstraction licences and discharge consents. Currently such activities fall under the Water
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Abstraction and Impoundment (Licensing) Regulations (Northern Ireland) 2006 and the Water (Northern Ireland) Order 1999.
Reason: To safeguard the water environment.
17. The extraction hereby permitted shall cease and restoration shall commence within 15 years of the date of this permission. Reason: To ensure an adequate standard of restoration of the site.
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Derry City and Strabane District Council Planning Committee Report
COMMITTEE DATE: 6th June 2018
APPLICATION No: LA11/2018/0330/LBC
APPLICATION TYPE: Listed Building Consent
PROPOSAL: Regrading sandstone paving at access to front of building – alteration, New steps to side access – alteration, Cleaning of exterior walls - alteration, Demolition of temporary annex building - demolition
LOCATION: Building 4, Ebrington Barracks, Limavady Road, Derry~Londonderry, BT47 6HH
APPLICANT: The Executive Office, 83 Ledwidge Avenue, Ebrington, Derry~Londonderry, BT47 6GZ
AGENT: Central Procurement Directorate, Clare House, 303 Airport Road West, Belfast, BT3 9ED
ADVERTISEMENT: 25.04.2018
STATUTORY EXPIRY: 09.05.2018
RECOMMENDATION: APPROVE
REASON FOR PRESENTATION TO COMMITTEE: Referred into Committee
All planning application forms, drawings, consultations, letters etc. relating to this planning application are available to view on www.planningni.gov.uk
1. Description of Proposed Development Re-grading sandstone paving at access to front of building – alteration, New steps to side access – alteration, Cleaning of exterior walls - alteration, Demolition of temporary annex building – demolition.
2. EIA Determination This site falls below the size threshold of 0.5 ha for an urban development project and as such does not need to have an EIA determination carried out.
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3. Site and Surrounding Area The application site is located in the south-east corner of the Ebrington Site, and comprises the Cunningham Building 4, an area of sandstone paving to the front of the building and an annex to the rear. The annex building is constructed of concrete block on the side and front walls with a smooth render external finish. The roof consists of corrugated steel sheets with trim/flashing at edges. The site abuts the Star Fort Wall to the north, however no work is to be carried out on or around the existing stone wall which forms part of the Scheduled Monument. The southern part of the site abuts a grassed area adjacent to King Street dual carriageway. An underground car park is located to the west of the site.
Figure 1: Application Site (outlined red)
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Figure 2: Site Context
Figure 3: Site Layout
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Figure 4: Aerial Photograph
Figure 5: Photograph of southern part of site adjacent to King Street dual carriageway
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Figure 6: Photograph of rear of Building 4
Figure 7: Photograph of eastern part of site along Limavady Road
4. Site Constraints Grade B2 Listed Building Site abuts the Star Fort Wall which is a Scheduled Monument Potential Archaeology
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5. Neighbour Notification This is not required for Listed Building Consent.
6. Relevant Site History LA11/2017/0755/F - Lands adjacent and to the West of building 4 (Cunningham Building), Ebrington Barracks, Derry - The proposed development is the construction of a new access road complete with a turning head - Current Full application.
7. Policy Framework Derry Area Plan 2011 (DAP 2011) Strategic Planning Policy Statement for Northern Ireland (SPPS) Planning Policy Statement 6: Planning, Archaeology and the Built Heritage (PPS 6)
8. Consultee Responses HED Historic Buildings are content with the proposal. 02.05.2018 - In response to consultation dated 13th April 2018 The proposal impacts upon the Cunningham Building (Grade B2). HED: Historic Buildings has considered the impacts of the proposal on the building and are content with the proposal with conditions under the policy requirements of paragraphs 6.12 & 6.13 of the SPPS and BH8 and BH11 of PPS 6.
9. Representations Consideration None received to date.
10. Planning Assessment and Other Material Considerations Section 6 (4) of The Planning Act (Northern Ireland) 2011 requires Council to make planning decisions in accordance with the local development plan, unless material considerations indicate otherwise. The site is located within the central area of the City as designated in Map 3 of the Derry Area Plan 2011. It comprises a Grade B2 listed building of special architectural and historic interest and also abuts the Star Fort Wall which is a scheduled monument of regional importance. The proposal has therefore been assessed against the policy framework listed in paragraph 7 and all other material considerations including relevant planning history and consultation responses.
Strategic Planning Policy Statement for Northern Ireland
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The SPPS introduces transitional arrangements which will operate until Council’s Plan Strategy has been adopted. During this period Planning Authorities will apply existing policy (in this case PPS 6 - the retained policy) together with the SPPS. Any conflict between the SPPS and the retained policies must be resolved in favour of the SPPS. There is no conflict or change in policy direction between the provisions of the SPPS and those of PPS 6. PPS 6 therefore remains the applicable policy context under which to consider the proposed development.
The SPPS supports good design and positive place-making. This application is for alterations involving re-grading of sandstone paving at the access to the front of the building, new steps to the side access, cleaning of exterior walls and also demolition of a temporary annex building. The SPPS states (Para 6.12) that Listed Buildings of special architectural or historic interest are key elements of our built heritage and are often important for their intrinsic value and for their contribution to the character and quality of settlements. It is important therefore that development proposals impacting upon such buildings and their settings are assessed, paying due regard to these considerations, as well as the rarity of the type of structure and any features of special architectural or historic interest which it possesses.
Para 6.13 states that development involving works of extension / alteration may be permitted, particularly where this will secure the ongoing viability and upkeep of the building. It is important that such development respects the essential character and architectural or historic interest of the building and its setting, and that features of special interest remain intact and unimpaired. Proposals should be based on a clear understanding of the importance of the building/place/heritage asset, and should support the best viable use that is compatible with the fabric, setting and character of the building. Applicants should justify their proposals, and show why alteration or demolition of a listed building is desirable or necessary.
PPS 6: Planning, Archaeology and the Built Heritage Policy BH 8 ‘Extension or Alteration of a Listed Building’ states consent will normally only be granted to proposals for the extension or alteration of a listed building where all the following criteria are met: the essential character of the building and its setting are retained and its features of special interest remain intact and unimpaired; the works proposed make use of traditional and/or sympathetic building materials and techniques
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which match or are in keeping with those found on the building; and the architectural details (e.g. doors, gutters, windows) match or are in keeping with the building.
Policy BH 11 ‘Development affecting the Setting of a Listed Building’ states development which would adversely affect the setting of a listed building will not normally be permitted. Development proposals will normally only be considered appropriate where all the following criteria are met: the detailed design respects the listed building in terms of scale, height, massing and alignment; the works proposed make use of traditional or sympathetic building materials and techniques which respect those found on the building; and the nature of the use proposed respects the character of the setting of the building.
Policy BH 10 ‘Demolition of a Listed Building’ states that there will be a presumption in favour of retaining listed buildings. The demolition of a listed building will not be permitted unless there are exceptional reasons why the building cannot be retained in its original or a reasonably modified form. Where, exceptionally, listed building consent is granted for demolition this will normally be conditional on prior agreement for the redevelopment of the site and appropriate arrangements for recording the building before its demolition.
The alterations to the sandstone paving, the new steps to the side access and the cleaning of exterior walls will improve the appearance of the listed building. The re-grading of the existing sandstone paving at the front of Building 4 will provide level access from the rear of the building to the front entrance. Construction of steps at the side door of the building will improve access for all building users. Steam cleaning of the external stone walls will improve the aesthetics of the building. Demolition of the temporary annex building will not detract from the appearance or setting of the Cunningham building and will improve the appearance of the area to the rear of the listed building. It is a modern temporary lean-to building and there does not appear to be any mechanical fixings between the temporary building and listed building. It is therefore considered that the current proposals respect the setting of the listed building in accordance with paragraphs 6.12 and 6.13 of the SPPS and Policies BH 8, BH 10 and BH 11 of PPS 6.
11. Conclusion and Recommendation It is considered that the proposal complies with above mentioned policies of DAP 2011, PPS 6 and the SPPS. Having considered all material considerations including the development plan, relevant
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planning policies, planning history and consultation responses, approval is recommended subject to the conditions set out below.
12. Conditions 1. The proposed works must be begun not later than the expiration of 5 years beginning with the date on which this consent is granted as required by Section 94 (a) of the Planning Act (Northern Ireland) 2011. Reason: Time Limit.
2. No demolition works shall be undertaken until a method statement for the demolition of the annex building has been submitted and agreed in writing by Council in conjunction with HED. Reason: to ensure the essential character of the building and its setting are retained and its features of special interest remain intact and unimpaired.
3. Method statement (to include details regarding the protection of the existing painted lettering / signage) and specification for cleaning the listed building shall be submitted and agreed in writing by Council in conjunction with HED. Reason: to ensure the essential character of the building and its setting are retained and its features of special interest remain intact and unimpaired.
4. Subject to the above conditions, the development shall be carried out in accordance with the stamped approved drawings. Reason: To ensure a satisfactory form of development.
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Derry City and Strabane District Council Planning Committee Report
COMMITTEE DATE: 6th June 2018
APPLICATION No: J/2014/0189/F
APPLICATION TYPE: FULL
PROPOSAL: New warehouse type retail outlet for sale of agricultural related goods
LOCATION: 237 Berryhill Road, Donemana, Strabane
APPLICANT: Mr Eamon Caldwell Jnr
AGENT: None
ADVERTISEMENT: 31.07.2014
STATUTORY EXPIRY: 14.08.2014
RECOMMENDATION: Approve
REASON FOR PRESENTATION TO COMMITTEE: Over 5 objections received.
All planning application forms, drawings, consultation responses, letters etc. relating to this planning application are available to view on www.planningni.gov.uk
1. Description of Proposed Development The proposal is seeking full planning permission for warehouse type retail outlet for the sale of agricultural related goods at 237 Berryhill Road. The proposed building measures 9.5 metres by 14.5 metres and 5.4 metres in height with a pitched roof. The shed has an agricultural appearance with smooth rendered walls along the lower half and grey corrugated cladding to the walls and roof, with 2 large roller shutter doors. The proposed site layout shows car parking to either side of the building with a concrete forecourt to the front. See details in Figures 2-4 below.
2. E.I.A Determination
The application has been screened by Council and as the development does not meet any thresholds, as set down in The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017, an EIA determination is not required.
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3. Site & Surroundings The site as outlined in red measures 0.2 hectares and fronts onto and accesses Berryhill Road, within the village settlement of Donemana. The site contains a detached two storey dwelling (known as 237 Berryhill Road) which is currently vacant – See photo in Figure 5. The site was previously overgrown and surrounded by mature trees and vegetation however in recent years this site has been cleared and excavated as shown in the photos in Figures 6 & 7 below. The north- western boundary with the Berryhill Road is now defined by a high paladin fence. The north eastern boundary with the rear of dwellings on Berryhill Close is defined by a close boarded fence. The southern boundary of the site is defined by a high banking and adjacent to a car park associated with a group of 6 No lettable workshops/distribution stores known as Donemana Enterprise Park. The south-western boundary is defined by a line of high conifer trees and a 1 metre high wall with Beatties builder's merchant at 231 Berryhill Road.
The site is within the development limits of Donemana as defined in the Strabane Area Plan 1986 – 2001. The surrounding area is characterized by a mix of uses, from residential to the north east, light industrial units to the south east and commercial uses south west.
Figure 1 - Site Location Plan
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Figure 2 – Site Layout
Figure 3 – Proposed Floor Plan
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Figure 4 – Proposed front elevation
Figure 5 – Photo showing existing 2 storey vacant dwelling on site to be removed
4. Constraints There are no particular constraints specific to this site.
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5. Neighbour Notification The below neighbours were notified on the following dates also, 7.5.2015, 3.2.2016, 19.7.2016 and 21.9.2016.
Neighbour Address Date Neighbour Notified 1 Berryhill Close 28/07/2014 Dunnamanagh Tyrone BT82 0GZ 231 Berryhill Road 28/07/2014 Dunnamanagh Tyrone BT82 0NB 266 Duncastle Road 28/07/2014 Dunnamanagh New Buildings Londonderry BT82 0LR 268 Duncastle Road 28/07/2014 Dunnamanagh New Buildings Londonderry BT82 0LR 270 Duncastle Road 28/07/2014 Dunnamanagh New Buildings Londonderry BT82 0LR 272 Duncastle Road 28/07/2014 Dunnamanagh New Buildings Londonderry BT82 0LR 274 Duncastle Road 28/07/2014 Dunnamanagh New Buildings Londonderry BT82 0LR 2 Berryhill Close 28/07/2014 Dunnamanagh Tyrone BT82 0GZ 3 Berryhill Close 28/07/2014 Dunnamanagh Tyrone BT82 0GZ 4 Berryhill Close 28/07/2014 Dunnamanagh Tyrone BT82 0GZ
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Neighbour Address Date Neighbour Notified Donemana And District Community Association, 241 Berryhill 05/09/2016 Road,Dunnamanagh,Tyrone,BT82 0NB,
Neighbours Notified
Neighbour Address Date Neighbour Notified Unit 1 Donemana Enterprise Park, Berryhill Road, Donemana 21/09/2016 Unit 2 Donemana Enterprise Park, Berryhill Road, Donemana 21/09/2016 Unit 3 Donemana Enterprise Park, Berryhill Road, Donemana 21/09/2016 Unit 4 Donemana Enterprise Park, Berryhill Road, Donemana 21/09/2016 Unit 5 Donemana Enterprise Park, Berryhill Road, Donemana 21/09/2016 Unit 6 Donemana Enterprise Park, Berryhill Road, Donemana 21/09/2016
6. Representations A total of 7 objections have been received on the application. The main issues are summarised as follows:
- There has been a substantial amount of gravel removed from the site leaving an exposed gravel face of approx. 20 foot high. - The site is unstable and unsafe with the difference in levels a concern - Objection to the proposed 1.8 metre retaining wall which would be inadequate to stop the land from sliding to the rear of these properties. - Concern over safety due to the height of the proposed retaining wall. - Deposits of tar has been dumped throughout the site - Concerns regarding the entrance and exit of this site, which was previously for one dwelling. Due to the road configuration the site should be for housing and should be refused for its access as the previous application J/2011/0396/F
The majority of these issues have been addressed through the submission of amended plans and a structural engineers report. These issues have been explored in Section 10 below. On site meetings have also taken place with the residents. Environmental Health have also been consulted and have no concerns with the proposed site. The site has been vacant for a long period of time and one objector did state they have no objection to the proposed use and if it brings employment to the area it’s for the better of all. With regards to the proposed entrance, amended plans have been submitted showing a 9 metre wide access point which has been deemed acceptable by DFI Roads and in compliance with PPS 3 – Access, Movement and Parking.
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7. Planning History J/2011/0396/F New warehousing type retail outlet for the sale of domestic solid fuels and oils and tyre repair / fitting Permission refused 31.08.2012 This application was refused on roads grounds with the following reason for refusal: The proposal is contrary to Planning Policy Statement 3, Development Control: Roads Considerations in that the developer has failed to demonstrate that vehicles can safely enter, turn and exit the site in forward gear and that adequate access geometry can be achieved, thereby prejudicing traffic and conditions of general safety.
8. Consultations DFI Roads – No objections, subject to conditions. The access is required to be 9 metres wide to allow larger vehicles to enter the site. 2.4 x 60 metre visibility splays are achievable.
Environmental Health – No objections subject to conditions, regarding delivery and collection times should be restricted to 7 am to 6 pm Monday to Saturday and no times on a Sunday.
NI Water – No objections, subject to standard informatives.
Internal Consultation with Engineers Department - No objections
9. Planning Policy Framework
- Regional Development Strategy (RDS) 2035 - Strabane Area Plan 1986 - 2001 - Strategic Planning Policy Statement (SPPS) for N. Ireland 2015 - Planning Policy Statement 3 - Access, Movement and Parking - Planning Policy Statement 4 – Planning & Economic Development
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10. Planning Assessment & Other Material Considerations Regional Development Strategy for NI – 2035 – The RDS is a key document within the planning system. It sets out strategic guidance which is used in the preparation of development plans, planning policy statements and urban regeneration initiatives.
Strabane Area Plan 1986 – 2001 – The site is located within the limits of Donemana. Section 82 of the Plan states that all new development proposals should be of a scale which reflects the scale of the existing settlement, should be integrated within the existing settlement form and should exhibit high standards of layout, design and landscaping. It also states there are a number of development and redevelopment opportunities in Donemana and care should be taken to ensure that the design solution chosen when these opportunities are exploited, reflects the traditional character of the existing village centre.
Strategic Planning Policy Statement for Northern Ireland - Planning for Sustainable Development. 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. Until a Plan Strategy for the whole Council Area has been adopted planning applications will be assessed against existing planning policy.
Para 6.267 – 6.292 of the SPPS refers to Town Centres and Retailing. As this site is within a village, this part of the policy is applicable. It is important that planning supports the roles of towns and villages and contributes to their success and that it protects and enhances diversity in the range of town centre uses appropriate to their role and function, such as leisure, cultural and community facilities. Donemana is a small rural village with a wider rural hinterland which includes a large number of farming families who would welcome this type of retail use in their local community.
Policies and proposals for shops in villages and small settlements must be consistent with the aim, objectives and policy approach for town centres and retailing, meeting local day to day needs and be of a scale, nature and design appropriate to the character of the settlement. The principle of the proposed use for an agricultural sales warehouse is considered acceptable for this site and the size, scale and design of the proposed building (See Figures 3 & 4 above) and its associated car parking area is compatible with the surrounding area and will not have a detrimental impact to
Page 116 Appendix 5 the character and visual appearance of the village of Donemana. The proposal therefore accords with the SPPS.
Policy PED 1 of PPS 4 refers to Economic Development in Settlements. A warehouse for the sale of agricultural type goods would fall under Class B4 – Storage and Distribution of The Planning Use Classes Order (NI) 2015. The policy states that a development proposed for Class B4 storage or distribution use will be permitted where it can be demonstrated that the scale, nature and design of the proposal are appropriate to the character of the settlement and it is not incompatible with any nearby residential use. Favourable consideration will be given to applications for industrial, business and storage or distribution uses on unzoned land included within the settlement limit, provided the proposal is of a scale, nature and design appropriate to the character of the settlement involved and it meets the normal planning criteria for this type of development. The closest neighbouring properties are Berryhill Close and directly opposite the site. Donemana Enterprise Park is also adjacent this site with individual units with a variety of light industrial uses such as River Ridge Recycling, P & A Auto’s and Glen Fresh Foods. These units were approved as an industrial business park in August 1998. Given the location of the site within the centre of the village, it is not considered the proposed use is incompatible to the surrounding area and there are no planning objections to the proposed use on amenity grounds. Environmental Health have provided conditions regarding the hours of operation. Therefore it is considered the proposal meets the policy test of Policy PED 1 of PPS 4.
Policy PED 9 of PPS 4 refers to General Criteria for Economic Development. The general criteria refers to surrounding land uses, residential amenity, noise nuisances, natural or built heritage features, access, site layout, building design and associated infrastructure. The policy states that the Department will seek to minimise adverse effects on the amenities of adjacent properties, particularly dwellings. The proposed retaining wall is regarded as the associated infrastructure to accompany this development and this part of the proposal. It is considered the proposed development complies with all the criteria as set down in Policy PED 9.
The amenity of the neighbouring properties and the objectors concerns on the stability of the rear gardens of Berryhill Close are material planning considerations and were also raised by the objectors regarding the excavation of the site – See Figures 6 and 7 below. Following site inspections and discussions with the objectors the applicant was requested to submit additional information and amended plans to address the concerns specifically in relation to the existing
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ground works and engineering and construction details for a proposed retaining wall to support the north eastern boundary of the site.
Figure 6 – Photo showing site in relation to the level difference with Berry Hill Close behind
Figure 7 – Photo showing extent of excavation
Additional plans and an independent structural report was submitted on 14 April 2015 to address structural stability concerns. The plans showed a section through the rear gardens of Berryhill Close and the proposed retaining wall which indicated distances and heights. The report stated
Page 118 Appendix 5 that the site has been excavated some time ago and the excavated material at the existing slope/embankment on site consist mainly of sandy gravel. It was considered a more detailed survey would be required to determine the levels of the rear gardens at the top of the slope to rationalize the retaining wall design.
Following consultation with the Councils Engineers Department on the amended plans, it was also considered further details would be required showing the existing ground profile and details of what temporary engineering works are going to be undertaken to ensure the stability of the existing slope during the construction period. Also a review of the proposed footings of the retaining wall may be required to be increased in the horizontal plane to ensure the wall is stable.
Amended plans were submitted on June 2016, showing site sections, site layout map indicating the position and height of the proposed retaining wall structure and a drawing showing retaining wall details which vary in height from 2 metres to 3.5 metres in height. (These plans are shown in Section 13 below). A number of objections queried the height of the wall and considered 1.8 metres was not sufficient. As the amended plans show a retaining structure of differing heights, this issue has been addressed also. The neighbours/objectors were re-notified in July 2016 and no further objections have been raised from the neighbours. The Council’s Engineers Department concluded there was no obvious risk to the adjacent residential properties from the construction of the new proposed retaining wall and the additional information/findings from the engineer employed by the applicant was considered acceptable.
There was a previous planning application on this site for a combined home heating fuel depot and tyre repair business under reference J/2011/0396/F. This application was refused on 29 August 2012 on the grounds that the developer had failed to demonstrate that the site could be safely accessed by vehicles and that adequate sight splays could be provided. The proposed use of the building is now different but the character, appearance and scale of the proposed building is similar, as are the proposed access car parking and turning arrangements which are considered acceptable. Policy AMP 7 of PPS 3 refers to Car Parking and Servicing Arrangements. Development Proposals are required to provide adequate provision for car parking and appropriate servicing arrangements. As previously stated DFI Roads have now no concerns with the proposed access arrangements and car parking, following an amended site layout.
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11. Conclusion With regards to the above proposal and planning policy consideration, it is considered the proposal complies with policies in SPPS (6.267 – 6.292), PPS 3 and PPS 4. The scale and design of the building is in keeping with the commercial buildings in the area to the south and east. It is considered the proposed use and scale of the proposed development is acceptable within the development limits of Donemana. The letters of objections have been fully considered and the amended plans and additional information satisfactorily address the concerns of the adjacent neighbouring properties therefore the proposal is recommended for approval subject to the following conditions;
12. Planning 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. The planning permission hereby granted relates to the proposals as submitted which comprise no more than 140 square metres gross floorspace of which the following elements comprise:
a) the sale of agricultural related goods
Reason: To control the nature, range and scale of retailing activity so as not to prejudice the continued vitality and viability of existing retail centres.
3. There shall be no external operations including the construction of silos which would result in an increase in the gross and net retail floorspace without the prior written consent of the Department.
Reason: To enable the Department to retain control over the nature, range and scale of retailing activity and to safeguard the living conditions of nearby residents.
4. The retaining structure as shown on drawings no.s 08 and 09 received on 3 June 2016 shall be constructed to the satisfaction of DFI Roads and Derry City and Strabane District Council prior to commencement of any other works hereby permitted.
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Reason: In the interests of health and safety.
5. The vehicular access, including visibility splays of 2.4 x 60m in both directions, and Forward Sight Distance of 60m shall be provided in accordance with Dwg No 02(rev 2) dated 22/01/16, prior to the commencement of any other works or other development hereby permitted.
Reason: To ensure there is a satisfactory means of access in the interests of road safety and the convenience of road users.
6. The area within the visibility splays and any forward sight line shall be cleared to provide a level surface no higher than 250 mm above the level of the adjoining carriageway before the development hereby permitted is commenced and such splays shall be retained and kept clear thereafter.
Reason: To ensure there is a satisfactory means of access in the interests of road safety and the convenience of road users.
7. The access gradient(s) shall not exceed 8% (1 in 12.5) over the first 5 m outside the road boundary. Where the vehicular access crosses footway or verge, the access gradient shall be between 4% (1 in 25) maximum and 2.5% (1 in 40) minimum and shall be formed so that there is no abrupt change of slope along the footway.
Reason: To ensure there is a satisfactory means of access in the interests of road safety and the Convenience of road users.
8. The applicant shall ensure that deliveries and collections to and from the proposed development shall only occur between the hours of 07:00am and 18:00pm Monday to Saturday and at no times on Sundays/bank holidays.
Reason: To protect amenity of nearby residential properties.
9. The applicant shall ensure that all vehicles associated with the proposal shall be fitted with broadband reversing alarms
Reason: To protect amenity of nearby residential properties.
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13. Amended plans
Retaining Wall Details
Sections
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Page 123 Appendix 5
Site Layout showing retaining structure at different heights and points of 5 sections above
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Derry City and Strabane District Council Planning Committee Report
COMMITTEE DATE: 6th June 2018
APPLICATION No: LA11/2018/0319/F
APPLICATION TYPE: Full Planning Application
PROPOSAL: Demolition of existing sun room to rear (12m2) and erection of new single storey extension to rear and side incorporating new kitchen/dining/living area to rear, bedroom, WC and store to side and porch to front.
LOCATION: 81 Cashelmore Park, Derry, BT48 0RU
APPLICANT: Conor and Paula McAteer
AGENT: John McCay
ADVERTISEMENT: 24/04/2018
STATUTORY EXPIRY: 09/05/2018
RECOMMENDATION: Approval
REASON FOR PRESENTATION TO COMMITTEE: Applicant is a Planning Officer in Council.
All planning application forms, drawings, letters etc. relating to this planning application are available to view on www.planningni.gov.uk
1. Description of Proposed Development
The proposal is for the demolition of existing sun room to rear (12m2) and erection of new single storey extension to rear and side incorporating new kitchen/dining/ living area to rear, bedroom, WC and store to side and porch to front (76.1m2)
2. EIA Determination
The development proposal is not EIA development.
Page 125 Appendix 6
3. Site and Surrounding Area
The site contains a detached two storey chalet style dwelling located in the Cashelmore Park area of the city. The finishes of the existing dwelling include a mix of smooth painted render, brown brick, with dark brown windows and brown interlocking roof tiles. There is a paved driveway to the front of the property large enough to accommodate three to four vehicles, there is also a large garden area with no defined site boundaries. The rear area of the site is comprised of paved amenity space and a substantial grassed, garden area. The rear of the site is bounded by an approx. 2m concrete wall and timber fence. The site in its entirety gently slopes to the rear and the dwelling has been constructed on a marginally higher gradient than the neighbouring no.79 and slightly lower than neighbouring no 83.
The application site is located within the development limits of Derry as set down in Map 2 of the Derry Area Plan 2011. The surrounding area is predominantly residential with mainly two storey dwellings of similar style and design.
Page 126 Appendix 6
Site map
Page 127 Appendix 6
Photos to show existing site boundaries
No windows on neighbour’s northern elevation, no overlooking will be caused.
Additional vegetation, planted trees and hedges to increase privacy.
Approx. 2m high boundary treatment, concrete wall and timber fence. Frosted glass on small window on eastern elevation. Application site stepped down from neighbouring no .83.
Page 128 Appendix 6
Additional site photos
Adequate level of separation between properties. Tree’s and hedges enhance privacy.
Page 129 Appendix 6
Existing sunroom to be demolished.
Page 130 Appendix 6
4. Site Constraints
Loughs Agency Consultation Zone
5. Neighbour Notification Report
6. Relevant Site History
No relevant planning history.
7. Policy Framework
Derry Area Plan – Policy BE1 SPPS PPS 7 Addendum PPS 3 Access, Movement and Parking
8. Consultee Responses
Loughs Agency – No objection – Standard informatives apply
Transport NI –Roads were consulted in error as the proposal will have no effect on parking space on site.
9. Representations
No letters of objection or support received.
Page 131 Appendix 6
10. Planning Assessment, including Other Material Considerations
Section 6 (4) of The Planning Act (Northern Ireland) 2011 requires the Council to make planning decisions in accordance with the local development plan, unless material considerations indicate otherwise.
Derry Area Plan 2011 - The site is within the settlement development limit of Derry City as defined by the Derry Area Plan 2011, and designated whiteland. No site specific designations apply. It is within an established residential area. Policy BE1 - Urban Design applies. This policy requires development proposals to make a positive contribution to townscape and be sensitive to the character of the area surrounding the site in terms of design, scale and use of materials.
Strategic Planning Policy Statement for NI - Planning for Sustainable Development is a material consideration and is the context by which planning applications will be assessed and determined.
Para.2.3 - states that the planning system operates in the public interest of local communities. The basic question is whether the proposal would unacceptably affect amenities of owners or occupiers of neighbouring properties and the existing use of the land and buildings that ought to be protected in the public interest.
The SPPS introduces transitional arrangements which will operate until the Council’s Plan Strategy has been adopted. During this period planning authorities will apply the existing policy (contained in the PPSs, referred to as the retained policy) together with the SPPS. Any conflict between the SPPS and the retained policy must be resolved in favour of the SPPS.
The SPPS contains no specific policies in respect of extensions. Where it is the case that the SPPS is silent or less prescriptive on a particular planning policy matter than retained policies this should not be judged to lessen the weight to be afforded to the retained policy.
Planning Policy Statement 3 - Access, Movement and Parking - This PPS sets out the Department's planning policies for vehicular and pedestrian access, transport assessment, the protection of transport routes and parking. It forms an important element in the integration of transport and land use planning. Transport NI have provided a positive response to the proposed works and have no objection.
As the development is in the urban area PPS7 (addendum) Residential Extensions and Alterations provides the policy context.
Addendum to PPS 7: Residential Extensions and Alterations. (March 2008) Policy EXT 1 – Residential Extensions and Alterations states that planning permission will be granted to extend or alter a residential property where all of the following criteria are met:
• The scale, massing, design and external materials of the proposal are sympathetic with the built form and appearance of the existing property and would not detract from the character or appearance of that property or the surrounding area.
With regard to size, the proposed rear extension will be single storey, 11.4m wide, 5m long from the existing dwelling and 3.6m high with a flat roof although the extension could be characterised as
Page 132 Appendix 6 large in scale, it has been discussed and agreed that the site is large enough to accommodate the structure leaving ample space available within the curtilage. Extensions of this scale and style are common within the Cashelmore area. The material used will include a smooth plaster render with uPVC/Aluminium windows and doors. There will be a zinc cladding used around the new box window. Although this wouldn’t be characteristically common with regard to materials used in the area, it is a more modern material and will be at the rear of the property and will have no adverse impacts.
The proposed side extension is will be approx. 8.7m, 3.5m long with a pitched roof ridge height of 5m, again this is deemed acceptable due to the large scale of the site. The materials used include a smooth plaster finish and concrete roof tiles to match existing these can therefore be characterised as sympathetic to materials used in the existing dwelling and will not detract from the surrounding area. The porch extension is small in scale with a size of approx. 2m wide, 0.5m long and 2.5m high. The materials used will also be sympathetic to the existing dwelling.
Overall the proposed proposal will be sympathetic with the built form and appearance of the existing property and would not detract from the character or appearance of that property or the surrounding area.
• The proposal does not unduly affect the privacy or amenity of neighbouring residents;
The proposal will include the construction of 4 windows, patio doors and two sky lights. The new window at the front of the dwelling will look onto the driveway and garden area of the property, there is approx. 25m separation between the new window and the opposite dwelling no 62. It was discussed that this is an adequate distance to protect the privacy of this property’s residents. The proposed windows to the rear of the property will look onto the private amenity space, there are no windows on neighbouring no 75’s western elevation therefore no overlooking will occur. Due to the sites natural gradient of the site and boundary treatment on the western and eastern elevations no overlooking will occur into neighbouring no 79 and 83. Overall, this proposal will create no issues with regards to overlooking, privacy or overshadowing and can be deemed acceptable.
• The proposal does not cause the unacceptable loss of, or damage to, trees or other landscape features which contribute significantly to local environmental quality; and
There should be no loss of landscape features, therefore there will be no detrimental effects on environmental quality.
• Sufficient space remains within the curtilage of the property for recreational and domestic purposes including the parking and manoeuvring of vehicles.
Parking provisions to the front of the dwelling will not be affected by this proposal. The rear extension will remove a minimal amount of amenity space however it is considered that there is still approx. 7.2m distance to the site boundary with ample garden area space and patio area remaining therefore that proposal can be deemed acceptable.
Page 133 Appendix 6
Existing Plans
Existing First Floor Plans
Proposed plans
Page 134 Appendix 6
Proposed Plans
Ground floor First floor
Proposed Elevations
Page 135 Appendix 6
11. Conclusion and Recommendation
This proposal meets with the requirements of Policy EXT 1 of the Addendum to PPS 7 – Residential extensions and Alterations. This proposal would cause no adverse impact upon the residential amenity of occupants of adjacent properties, given the scale and positioning of the proposal, it would not cause any detrimental impact upon the visual amenity of the streetscape nor harm the character and appearance of this area. The above planning policy and guidance has been complied with therefore approval is recommended.
Conditions
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.
Subject to the above condition, the development shall be carried out in accordance with the stamped approved drawings No’s 01,02 which were received on 23/03/2018.
Reason: To ensure the development is carried out in accordance with the approved plans.
Page 136 Agenda Item 8
Title of Report: Officer Presenting:
Item 8: Donegal County Council - Senior Planning Officer Consultation on Proposed Material Alterations to the Draft Seven Strategic Towns Local Area Plan 2018-2024
1 Purpose of Report / Recommendations
1.1 The purpose of this Paper is to advise Members of a public consultation recently received from Donegal County Council on Proposed Material Alterations to the Draft Seven Strategic Towns Local Area Plan (the Draft LAP) 2018-2024 and associated Environmental Report. The consultation runs from 11th May 2018 to 6th June 2018.
2 Background
2.1 Members were appraised of the background to The Draft Seven Strategic Towns Local Area Plan at the 10th January 2018 Planning Committee. The Seven Strategic Towns are: Dungloe; Ballybofey-Stranorlar; Ballyshannon; Bridgend; Carndonagh; Donegal Town and Killybegs. The initial consultation period that ran from 24th November to 24th January 2018 received 1,152 public submissions and 9 from Prescribed Bodies and Environmental authorities. These submissions were the subject of a Chief Executive’s Report in February 2018.
The documents can be viewed at: http://www.donegalcoco.ie/services/planning/developmentplansbuiltheritageincludi nggrants/material%20alteration%20draft%20seven%20strategic%20townslap/
2.2 Members of Donegal County Council considered the draft Local Area Plan in March 2018 and the Chief Executive’s Report and decided to amend the Draft Local Area Plan. The amendments include a total of 118 proposed material Alterations and these are now the subject of this 4 week public consultation.
3 Key Issues
Page 137 3.1 Planning officials have reviewed the supplied documents. The majority of the proposed material alterations relate to specific changes in text to policy wording or updated text to reference an updated Strategic Flood Risk Assessment Report and have no planning implication for this District
3.2 Of specific relevance are the following proposed alterations:
New text to update on recent INTERREG VA funding for the North-West Greenways Network project for construction of a Greenway between Derry and Buncrana via Bridgend. (Section 7.10.1)
New text to state that the Greenway will pass through the entire length of one of the Strategic Economic Development Opportunity sites (SEDOS 1) identified in Bridgend. (Section 7.5.1)
New Plan Objective text to state that a joint management approach to the development of the SEDOS site 1 with DC&SDC would allow for the construction of the Derry- Buncrana Greenway. (Section 7.5.2)
New paragraph proposing a Residential Opportunity site and additional Policy within Bridgend to allow for a small residential development. (Section 7.6.1& 7.6.3)
3.3 Planning officials are content that the proposed material alterations above are the most pertinent to this District and reflects the ongoing strategic liaison between both authorities to secure the mutual planning benefits and issues of proposed residential/ commercial infrastructural development in Bridgend.
Environmental Report & Appropriate Assessment 3.4 DCSDC Planning officials have reviewed the Addendums to the previously published Environmental Report and Appropriate Assessment and are largely satisfied with the level of scope, detail and the resulting findings for the proposed alterations.
4 Financial, Equality, Legal, HR, Improvement and Other Implications
4.1 There are no financial, equality, legal, HR, Improvement or other implications arising from this report.
Page 138 5 Recommendations
5.1 Members are requested to note the contents of this Paper and agree to issue the attached response from this Council to Donegal County Council Planning officials as attached at Appendix 7.
Background Papers
Appendix 7 – Draft Consultation response to issue to Donegal County Council Planning Officials.
Page 139 This page is intentionally left blank
Appendix 7
Date: June 2018 Your Ref: Our Ref:
Mr Liam Ward Derry/Strabane Planning Office Derry City and Strabane District Council Director of Community, Enterprise and Planning 98 Strand Road County House Derry Lifford BT48 7NN Co Donegal Tel: 028 71 253 253 E-mail: [email protected]
Re: Public Consultation on the Proposed Material Alterations to the Draft Seven Strategic Towns Local Area Plan 2018-2024
Dear Mr Ward
Derry City and Strabane District Council welcomes this opportunity to engage with Donegal County Council on the public consultation of your Proposed Alterations to the draft Seven Strategic Towns Local Area Plan 2018-2024 and the Addendums to the SEA Environmental Report and Appropriate Assessment, notified on 14th May 2018.
Proposed Material Alterations to Draft Seven Strategic Towns Local Area Plan 2018-2024. The Planning Committee have reviewed the pertinent issues relevant to this District, namely the proposed amendments to Bridgend and are content with the stated proposals. The proposed future economic, social and environmental development of Bridgend is of particular interest due to its shared strategic gateway location. I am aware of ongoing strategic liaison between our Councils to secure the mutual planning benefits and issues of proposed residential/commercial infrastructural development in Bridgend. Such joint commitment will be for the betterment of both our Districts and the wider North West Region.
Environmental Report DCSDC Planning officials have reviewed the Addendum to both the SEA Environmental Report and the Appropriate Assessment and are satisfied with the level of scope, detail and the resulting findings.
Page 141
I trust that you find these comments useful. The Council’s Planning Committee considered this report / letter at its meeting on 6th June 2018 and the resolution will go forward to full Council for ratification at the end of June 2018. Should there be any change after this date, we will write to you. This Council looks forward to continuing liaison with Donegal County Council as we plan for the future of our adjoining Council areas.
Yours sincerely
John Kelpie Chief Executive Derry City & Strabane District Council
Page 142 Agenda Item 9
Title of Report: Officer Presenting:
Item 9 - Planning Appeals Update Principal Planning Officer
Author: Principal Planning Officer
1 Purpose of Report/Recommendations
1.1 To appraise Members on planning appeals currently in the system. A background table is enclosed in Appendix 8 showing the current status of any live appeals and any decisions made since last month.
2 Background
2.1 Since transfer of Planning to local government, Members have been advised on a monthly basis of the transitional provisions for dealing with planning appeals following transfer of powers on 1st April 2015 as set out in The Planning (2011 Act) (Commencement No.3) and (Transitional Provisions) Order (Northern Ireland) 2015.
2.2 With regard to applications refused by the Council post 1st April 2015, officials have and will continue to notify the Planning Committee when appeals are received and dates for submission are published by the Planning Appeals Commission (PAC).
3 Key Issues
3.1 Members are advised no new planning appeals have been submitted to the PAC and no PAC decisions since last Committee meeting.
3.2 The appeals schedule has been updated accordingly with dates for PAC hearings and PAC site visits.
Page 143 4 Financial, Equality, Legal, HR, Improvement and other Implications
Paragraph 3(5) of The Planning (2011 Act) (Commencement No.3) and (Transitional Provisions) Order 2015, states that an appeal made to PAC against relevant decisions or determinations of the Department under the 1991 Order before 1st April 2015, the award of costs shall not apply. In all other cases the award of costs shall apply.
No costs claims submitted since last month’s Committee.
5. Recommendations
Members note the update on the appeals.
Background Papers
Appendix 8 - Appeals Schedule
Page 144 Current live appeals within Derry City and Strabane District Appendix 8
Reference PAC Appeal Type Proposal Location Applicant Summary Update Appeal Status Number reference 1 A/2011/0453/F 2012/A0131 Against DOE Residential Lands located Lynwood Appeal Allowed Interim decision to Development, with immediately Homes Ltd 28/9/2016 consideration has refuse access onto West of the been given by the Whitehouse Road, but junction PAC which relates with potential for between to a Section 76 future connectivity Buncrana Road Agreement into remainder of H2 and Whitehouse between the Zoned Land (Derry Road Derry appellant and Area Plan 2011) With frontages Council. onto Buncrana Road and An agreement is Whitehouse currently being Road opposite negotiated. entrance to Page 145 Page Whitehouse Park. 2 LA11/2016/0964/F 2017/A0117 Appeal against Proposed change of 33 William St Derry Committee Appeal Allowed Council Decision use from retail to unit Derry Amusements Decision 24/4/18 to Refuse for gaming machines and Gaming Detrimental to Full Costs Awarded LTD residential amenity to appellant 3 LA11/2016/0710/O 2017/A0017 Appeal against Proposed infill site for Lands Mr S Committee decision Appeal Dismissed Council decision dwelling and garage immediately McClelland to refuse on Infill 30/3/18 to refuse. west of 62 and Clustering of Mountfield PPS 21 Road, Claudy. 4 A/2012/0020/CA 2017/E0041 Appeal against Alleged unauthorised: Buildings and Michael Enforcement Awaiting Decision Enforcement erection of a terrace of land at 15 McGonagle Notice Appeal Notice Issued 6 dwellings; erection of Beragh Hill fence posts, fences and Road, gates; walls and Ballynagalliagh, retaining walls; hard Londonderry standing and brick paving; access onto Current live appeals within Derry City and Strabane District Appendix 8
Beragh Hill Road; and buildings 5 EN/2016/0199 2017/E0040 Appeal against Alleged unauthorised Buildings and Michael Enforcement Awaiting Decision Enforcement change of use of land land at 15 McGonagle Notice Appeal Notice Issued to a clothes recycling Beragh Hill facility; of buildings Road, and land for the Ballynagalliagh, storage of materials, Londonderry storage containers, vehicles and trailers; of a dwelling to flats; and of an outbuilding to a dwelling 6 LA11/2016/0326/F 2017/A0196 Appeal against Proposed conversion 15 Lawrence Mr Attwood Committee decision Informal Hearing th Page 146 Page decision to of 3 and a half storey Hill, to refuse 14 June 2018 at refuse building consisting of 4 Londonderry Skeoge Ind Est apartments into 10 bed HMO 7 LA11/2017/0065/F 2017/A0152 Appeal against Change of use from 30 Lawrence Mr Martin Committee decision Awaiting Decision decision to house to 10 bedroom Hill, Moran to refuse refuse HMO Londonderry, BT48 7NJ
8 LA11/2016/0143/C 2017/E0043 Appeal against Alleged unauthorised Land at Taggart Enforcement Informal Hearing A Enforcement use of building and Crescent Link, Homes Notice Appeal 30th May 11am, Notice issued land for the display Derry. Skeoge Ind Est. and sale of dwellings; as a display area and showroom; and as a meeting area; meeting room and offices 9 LA11/2016/0869/F 2017/A0195 Appeal against Retention of Lands 80m East Taggart Committee decision Informal Hearing decision to temporary marketing of No. 20 Homes to refuse 30th May 11am, refuse suite for Taggart Crescent Link Skeoge Ind Est. Homes major housing Road, Derry Current live appeals within Derry City and Strabane District Appendix 8
development site (removal after 3 year period 10 LA11/2016/0143/ 2017/E0042 Appeal against Alleged unauthorised Land at Taggart Enforcement Informal Hearing CA Enforcement erection of a building Crescent Link, Homes Notice Appeal 30th May 11am, Notice issued with hard standing and Derry. Skeoge Ind Est. paving 11 EN/2017/0262 Mr 2017/E0047 Appeal against Alleged unauthorised Land & Conor Coyle Enforcement Informal Hearing Enforcement change of use from buildings Notice Appeal 07/06/2018 Notice issued agricultural land to immediately 10.30am stables south of 21 Millennium Forum Bigwood Road, Ardmore, Londonderry 12 A/2012/0031/CA 2017/E0048 Appeal against Alleged unauthorised Land and Conor Coyle Enforcement Informal Hearing EN/2017/0161 Enforcement erection of buildings, buildings Notice Appeal 07/06/2018 Page 147 Page Notice issued pool, hard standing immediately 10.30am and access road South of 21 Millennium Forum Bigwood Road, Ardmore, Londonderry 13 LA11/2016/1066/F 2017/A0247 Appeal on Proposed new 2 storey Site adjacent to David Hickey Committee Site Visit 10.30am Refusal of dwelling 106 Hollymount Decision to refuse 28/6/18 planning Park Derry BT47 permission. 3UP 14 LA11/2017/0461/O 2017/A0242 Appeal on Strabane Site for Lands to the Kieran Committee Statement of Case Refusal of roadside service North East (and Murphy Decision to refuse submitted. planning station to provide fuel adjacent to) 46 permission for cars and lorries and Woodend Road other associated Ballymagorry services. This page is intentionally left blank Agenda Item 10
Title of Report: Officer Presenting:
Item 10 - Update on Thornhill Application Principal Planning Officer
A/2015/0071/O
1 Purpose of Report / Recommendations
1.1 To update Members on the current situation regarding the planning application on the former Thornhill School site, Culmore Road.
1.2 Members are requested to note the information provided in this Paper.
2 Background
2.1 At the previous meeting of the Planning Committee on 9th May 2018, Members requested an update on the former Thornhill School site planning application.
2.2 An outline planning application A/2015/0071/O is currently under consideration by Council. The application proposes the Redevelopment of former school site to provide a Retirement Village (65 bed care home and 68 semi-independent living units).
2.3 Further information has been provided by the agent in support of and in order to progress the planning application including a draft Section 76 legal agreement and this is currently under consideration.
3 Key Issues
3.1 Planning application A/2015/0071/O is currently under consideration. The proposed development is for the redevelopment of the former Thornhill School site located on Culmore Road, Derry to provide a 65 bed nursing home and 68 semi-independent living units. The site, whilst a former school site with existing vacant/derelict buildings remaining, is located in the open countryside (formerly Green belt) within an Area of High Scenic Value (Derry Area Plan 2011) with access off a protected route. Therefore, there are fundamental planning policy issues to be considered.
Page 149 3.2 Members were previously provided with an update of the planning application at the Planning Committee meeting in November 2017. Since that date, a meeting was held with the applicant, agent, DFI - Roads and planning officials on 13th November 2017 and further information was requested to be submitted from the applicant in order to progress the planning application.
3.3 A Transport Assessment and Drainage Assessment were submitted to Council on 17th November 2017. Further information from the agent in relation to the set back of part of the listed wall to the front of the site along Culmore Road was submitted to HED and Planning on 20th November 2017. A Noise Assessment was submitted on 24th November 2017. Further information/clarification was requested in terms of the drainage assessment and also the agent was requested to address PPS 15 – Policy FLD 5 as part of the site is in the estimated inundation area of a controlled reservoir. Further information was also required in relation to the noise assessment.
3.4 Further information was submitted by the agent on 16th March 2018 and 1st May 2018 and further consultation has been carried out with DFI Rivers and DFI Roads. Council Planning are awaiting responses.
3.5 A Draft Section 76 Planning Agreement was submitted by the applicant’s solicitors on 27th April 2017. The Draft Section 76 was forwarded to Council’s Lead Legal Officer and is being reviewed. A further meeting with planning officials and the agent and is scheduled to take place on 5th June 2018 in order to discuss any outstanding issues in regard to the planning application.
4 Financial, Equality, Legal, HR, Improvement and other Implications
4.1 There are considered to be no significant financial, equality, legal, HR, Improvement or other implications to this paper.
5 Recommendations
5.1 That Members note the content of this paper.
Page 150 Agenda Item 11
Title of Report: Officer Presenting:
Item 11 - Reconsideration process following Author: Head of Planning decisions contrary to Case Officer recommendation at Planning Committee
1 Purpose of Report/Recommendations
1.1 To advise / update Members regarding the process of dealing with planning applications in circumstances where Case Officers’ recommendations have not been accepted at Planning Committee and are deferred to a subsequent Planning Committee.
2 Background
2.1 The Protocol for Operation of Planning Committee, Section 6, deals with Decisions contrary to Officer Recommendation. A decision of the Planning Committee “not to accept the officer recommendation” in relation to any application will result in the application being brought before a subsequent meeting of the Planning Committee and may be reconsidered at any meeting where the application is brought back before the Planning Committee.
2.2 The purpose of this is to allow appropriate time for officers to consider any issues raised by Members at the Planning Committee, consider any planning reasons to refusal proposed, conditions for approval, and time where necessary to seek legal advice or further documents/clarification from agent.
2.3 Consideration also must be given to the potential for challenging such decisions in Court and whether they are capable of being defended on Appeal (to the Planning Appeal Commission) with the potential for costs.
3 Key Issues
3.1 Planning Committee Protocol in this regard has been in operation since transfer in April 2015. This update is to notify Members that such decisions will be clearly marked on the application list to be presented at Planning Committee as “Reconsiderations” at beginning of list as applications returning shall be heard first.
Page 151 3.2 Members are advised that the Head of Planning or, where necessary, Principal Officers will deputise, to reconsider all cases which have not been accepted at Planning Committee and are subject to review. This will include taking account of new issues raised by speakers or late information submitted to Committee, points/issues raised by Members within the current policy framework and may require a site visit. In some circumstances it may require seeking clarification or legal advice before returning to Committee.
3.3 Head of Planning / Principal Planning Officer will present these cases to Planning Committee with any action in the interim and reviewed opinion of officers will be advised and explained within the report and presented at Planning Committee.
4 Financial, Equality, Legal, HR, Improvement and other Implications
4.1 There are no new legal/costs implications associated with this update on process, however, Members are reminded that the Protocol for Operation of the Planning Committee Procedures and the Code of Conduct for Councillors must be adhered to at all times to avoid risk of legal challenge and potential financial costs implications.
5 Recommendations
5.1 That Members note the content of the report.
Background Papers
None
Page 152 Agenda Item 12 Title of Report: Officer Presenting: Item 12 – Local Development Plan (LDP 2032) Principal Planning Officer - Project Update
1. Purpose of Report / Recommendations
1.1 To update Members on the progress of Stage 2a (towards Draft LDP Plan Strategy) of preparation of the Council’s Local Development Plan (LDP 2032) and particularly to advise Members on the series of Member Round-table Discussion sessions, progress with the various Governance structures and the main Workplan items including the consultancy projects.
2. Background
2.1 Members will recall the content of the recent LDP Updates to the Planning Committee, particularly on 13th February (Item 6), 7th March (Item 11) and 11th April 2018 (Item 12). Members were reminded that the LDP Preferred Options Paper (POP) was published at the end of May 2017, followed by a consultation period to late August 2017. A full Interim Report on the Representations that were received was presented to the Planning Committee on November 8th 2017 (Item 9), with the two Representations Reports being subsequently published on the Council’s website.
3. Key Issues
3.1 The Update paper in March included a diagram summarising the overall process of LDP preparation and particularly highlighted the current Stage 2a, between POP consultation and publication of the draft Plan Strategy. Members then agreed to the Workplan Timescales for Stage 2a - working towards launch of the draft Plan Strategy (dPS) in November 2018. It was highlighted that the majority of the draft Plan Strategy needs to be prepared by June / July 2018, to allow fine-tuning over the summer, and then finalising and Council approval in September / October 2018.
3.2 In order to achieve this programme of work, and to ensure more detailed engagement from elected Members at this stage of the process on key topics, the Committee agreed to hold a series of facilitated Round-table Discussion (RTD) sessions for the Members, on the key Planning topics, in April, May, and June, with other Member-approval sessions to be arranged for July, September & October as necessary. The RTD sessions have been proceeding, as follows: Page 153 RTD 1, 10th April, Identify Priority Topics, 14 Members attended (10 PC +4 others) RTD 2, 2nd May, Growth Strategy / Settlements, 9 Members attended (7 PC +2 others) RTD 3, 17th May, Rural Housing / Economy, 8 Members attended (5 PC +3 others) RTD 4, 29th May, Housing in Settlements, Verbal update to be provided RTD 5, 7th June, Renewable Energy / Minerals / Natural Environment / Flooding RTD 6, 13th June, City/Town Centres / Retail/Commercial/Leisure Uses
3.3 The Governance structures for preparation of the LDP are summarised in the diagram at Appendix 9. An update on their progress is as follows:
3.4 The LDP Planner Management Team has devised the Stage 2a project management necessary to deliver the draft Plan Strategy and its evidence base, with the weekly / monthly Workplan meetings being held to monitor progress against the targets. The Inter-Departmental Group is to co-ordinate input from all the Council’s Directorates / Departments, together with the Strategic Overview Group of most senior Council officers; LDP updates have been given to the Council’s bi-weekly Senior Leadership Team (SLT), with formal LDP sessions being held on 9th April, 23rd April, 15th May and 4th June. The LDP Project Steering Group met on 1st March 2018, agreeing the Stage 2a Workplan, and a further meeting is organised for Weds 20th June. 3.5 The LDP Key Consultee Team met on 27th February and all have received additional consultation letters in April so are actively engaging with LDP Planning officers. The Stakeholder Groups have also been re-engaged in April, May and June; meetings have been held with Fermanagh & Omagh Planners and the Sperrins Forum Councils will meet again on 7th June – with a view to agreeing a ‘Statement of Common Ground’. Three meetings of Retail / Centres Stakeholders were held in April/May as well as meetings of the Environmental and Economic Development Stakeholder Groups (both on 30th May) and Housing Stakeholders on 5th June. The LDP Sustainability Appraisal Group will meet again on 21st June, for an initial SA of the emerging dPS content. 3.6 In accordance with the LDP Workplan and implementation programme, the Council’s LDP Planning officers are continuing to make progress, working on the various LDP draft Plan Strategy topics, especially along with the various consultees, other Council Departments and with external consultants. Each topic involves writing the actual dPS chapter – narrative, proposed strategic direction, any strategic zonings / designations and the related Planning policies, as well as providing a robust evidence base to support them. In particular, April/May has seen engagement with Members, SLT and Stakeholders, the text being written, Evidence Base work undertaken and liaison with Development Management colleagues.
Page 154 3.7 In terms of consultancy / seeking external advice, the Retail Capacity and City/Town Centre Health Check study is nearing completion, largely on schedule, with GVA consultants having issued a Draft report. The Settlements/Place-making Study has formally commenced (Paul Hogarth Co & Space Syntax) with Stage 1 analysis and Stakeholder consultation meetings due to be held before end June. The NW Transport Strategy has commenced (DfI & Atkins) for August/September, whilst the associated Parking Strategy TOR is ready to expedite. The Landscape Character Assessment Update for the District is ongoing, done internally in conjunction with the Council’s Landscape Architect and Environmental officers.
3.8 Following on from the Planning Committee’s agreement at the March meeting (Item 12) and subsequent ratification by Full Council on 29th March, the draft Revised LDP Timetable and draft Revised Statement of Community Involvement (SCI) were formally submitted to the Department for Infrastructure (DfI) for their agreement. That agreement was received on 24th May (see Letter at Appendix 10), following which these documents have been published, distributed and advertised in accordance with the Regulations, to replace those documents dated July 2016.
4. Financial, Equality, Legal, HR, Improvement and other Implications
4.1 There are no financial, equality, legal, HR, Improvement or other implications arising directly from this report, but Members will appreciate that there are financial, legal, Improvement and other implications for the Council in ensuring the timely delivery of a fit-for-purpose and ‘sound’ LDP.
5 Recommendations
5.1 Members are asked to note the contents of this LDP Project Update.
Background Papers Appendix 9 – Governance Structure Diagram for LDP Preparation Appendix 10 – Letter from DfI, agreeing to Revised LDP Timetable and SCI
Page 155 This page is intentionally left blank Page 157 This page is intentionally left blank Page 159 Page 160 Planning Applications Decisions Issued From: 01/05/2018 To: 30/05/2018 No. of Applications: 63 Reference Number
Reference Number Application Applicant Name & Location Proposal Decision Date Time to Type Code Address Decision Process Issued (Working Weeks) A/2014/0269/F F Session & Committee Banagher Presbyterian Partial replacement of existing Permission 16/05/2018 197.6 Banagher Church. 64 Ballyhanedin church hall with new extension Granted Presbyterian Church Road and renovation and creation of C/o Agent Claudy new car park and new access onto Ballyhanedin Road. LA11/2016/0886/F F Mr Mike Martin 52 19 Talbot Park Proposed 2 storey dwelling, Permission 08/05/2018 79.2 Talbot Park Derry attached car port, detached Granted Londonderry BT48 7TA single garage to rear and BT48 7TA associated site works
Page 161 Page LA11/2017/0143/RM RM Mr Jason Hamilton Site 300m South West of Proposed 2 storey dwelling with Permission 16/05/2018 64.2 152 Kildoag Road 21 Foreglen Road double garage to rear (dwelling Granted Killaloo Londonderry on farm) BT47 3TJ Northern Ireland BT47 3TP LA11/2017/0159/F F Cathal Kerlin 37 Lands opposite and 80 Metre Retention of change of use of Permission 14/05/2018 62.6 Willowcroft South East of No. 76 former agricultural sheds to she Granted Feeny Mountfield Road for depolluting of end of life BT47 4GD Claudy vehicles and car repair/servicing BT47 4HD workshop with new access point and ancillary car parking
LA11/2017/0179/F F Ancient Order of Hibernian Hall Restoration of existing Hibernian Permission 10/05/2018 61.8 Agenda Item 13 Hibernians 23 Foyle Street Hall to include internal Granted Hibernian Hall Derry alterations to provide museum 23 Foyle Street BT48 6AL space at attic level, rear Derry extension comprising atrium BT48 6AL space enclosing kitchen/café, main staircase and passenger lift and reinstatement of 1st floor balcony to Foyle Street Planning Applications Decisions Issued From: 01/05/2018 To: 30/05/2018 No. of Applications: 63 Reference Number LA11/2017/0180/LBC LBC Ancient Order of Hibernian Hall Restoration of existing Hibernian Consent 10/05/2018 62.2 Hibernians 23 Foyle Street Hall to include internal Granted Hibernian Hall Derry alterations to provide museum 23 Foyle Street BT48 6AL space at attic level, rear Derry extension comprising atrium BT48 6AL space enclosing kitchen/café, main staircase and passenger lift and reinstatement of 1st floor balcony to Foyle Street LA11/2017/0277/F F Mr Gareth Roulston 100M West of 48 Kilmore Erection of dwelling. Proposed Permission 14/05/2018 58.4 21 Learmore Road Road change of house type from that Granted Castlederg Drumquin approved under planning BT81 7RX reference J/2007/0644/RM LA11/2017/0290/A A T.J Morris Ltd (T/A Unit 183-185 Shopfront fascia signs Consent 14/05/2018 58 Page 162 Page Homebargains) Axis Strand Road Granted Business Park Derry Prtal Way BT48 7PU Liverpool
LA11/2017/0301/F F Translink (NI) Ltd. 3 Waterside Railway Station Refurbishment of existing Grade Permission 22/05/2018 59 Milewater Road Duke Street B Listed Former Railway Station Granted Belfast Londonderry to provide accommodation for an BT3 9BG BT47 6DH Active Transport Hub for Translink including Passenger Facilities, Café, Retail Space, Staff Facilities and Office Accommodation. Redirection of train lines to suit 2 No. new station platforms and 1 No. siding. Associated car parking, public realm and external landscaping. LA11/2017/0329/RM RM Mr Patrick Lands Approx. 115M North Erection of a replacement Permission 14/05/2018 56 McLaughlin 117 East of No.58 Carnanreagh dwelling on a farm Granted Learmount Road Road Claudy Claudy BT47 4AL Planning Applications Decisions Issued From: 01/05/2018 To: 30/05/2018 No. of Applications: 63 Reference Number LA11/2017/0346/O O Stephen Montgomery 12 Gortnessy Road Site for a replacement dwelling Permission 15/05/2018 55.4 28 Backhill Road Drumahoe (2 Storey) Granted Eglinton Londonderry BT47 3JR LA11/2017/0428/F F Kidz Montessori Day 1-5 McCauley Business Park First floor extension to existing Permission 15/05/2018 52.4 Nursery 1-5 Eglinton day nursery to provide after- Granted McCauley Business BT47 3DN schools facility Park Eglinton BT47 3DN LA11/2017/0441/F F Mr Quinn 63 Lands to rear of 63 Bigwood Proposed one and a half storey Permission 23/05/2018 52.8 Bigwood Road Road replacement dwelling and Granted Derry Ardmore detached single storey garage L'Derry LA11/2017/0567/F F Mr Darren McKelvey Site adjacent & 60 M South Proposed entrance relocation to Permission 01/05/2018 44.8
Page 163 Page 17 Carrickadartans West of 22A Carrickadartans access Drumquin Road from Granted Road Road previously approved access to Castlederg Castlederg Carrickadartans Road under BT81 7NQ approval No. J/2013/0321/RM LA11/2017/0733/O O Peter O'Neill 31 Approx 30m West/North Proposed Dwelling and Garage Permission 15/05/2018 39.4 Carricklynn Avenue West of no 51 Towncastle Granted Strabane Road BT82 9BF Holly-hill Strabane Tyrone BT82 0AJ Planning Applications Decisions Issued From: 01/05/2018 To: 30/05/2018 No. of Applications: 63 Reference Number LA11/2017/0742/NMC NMC Strand Hotel HIEX 29-35 Strand Road and Non material Change to Consent 14/05/2018 38.4 Derry/L,Derry 75 lands between 6a and 8 previously approved application Refused Glen Road Great James Street 1. Extent of liftshaft roof Derry Derry projections clarified follow BT48 0BZ supplier information. (Heights marked on drawing) 2. Changes to entrance and exit locations to Ground Floor, Strand Road, (Facilitating fire escape requirements) 3. Changes to locations of doorways to Ground Floor, Great James Street (Facilitating fire escape requirements) 4. Changes to the frequency and location of door Page 164 Page access and exits to Edward Street (Facilitating fire escape requirements and servicing requirements) 5. Screened rooftop plant requirements clarified LA11/2017/0819/F F James Hegarty 8c Railway Street Retention of change of use from Permission 11/05/2018 34.6 Drumbuoy Strabane retail unit to fast food outlet Granted Lifford Co Donegal
LA11/2017/0834/F F Taggart Homes The Lands immediately east and Erection of 48 dwellings (30 no. Permission 15/05/2018 34.2 Innovation Centre south of Lisneal College and detached dwellings and 18 no. Granted Fort George to the east (rear) of semi-detached) with detached L'Derry Next and Boots garages, reduction in housing density, provision of public open off Crescent Link space, cycle paths and footpaths, amalgamation of site Londonderry boundaries and relocation of access points at approved house plots - 35-55, 57-69 and 164-199 of implemented permission - DOE ref no. A/2004/0897/F. Planning Applications Decisions Issued From: 01/05/2018 To: 30/05/2018 No. of Applications: 63 Reference Number LA11/2017/0875/O O Patrick Thomas Dunn Hilltop Farm Elagh Upper one number residential dwelling Permission 15/05/2018 32.6 Hilltop Farm Elagh Galliagh Road Derry BT48 Granted Upper Galliagh Road 8LW Derry BT48 8LW LA11/2017/0906/F F Naples Investment The Clarendon Bar Amendment to existing planning Permission 17/05/2018 31.4 Ltd 16 Main Street 44-48 Strand Road permission - LA11/2016/0005/F Granted Limavady 1-2 Lower Clarendon Street including permission of approved BT49 0EU Londonderry first and second floor night club and replacement by cocktail bar and restaurant on all three floors, reduction in size of approved three storey front extension along Strand Road, provision of new brick clad wall along Strand Road frontage. Relocation and
Page 165 Page enlargement of approved kitchen facilities on ground floor. Enlargement of approved beer garden/smoking area on ground floor and alterations to same on first floor. LA11/2017/0954/F F Mr & Mrs S Moore 5 5 Meenashesk Place Extensions to the rear, side and Permission 24/05/2018 30.4 Meenashesk Place Strabane front of existing dwelling to Granted Strabane consist of new Living room to the rear, new Kitchen to the side and Porch to the front. LA11/2017/0963/F F Safron Cadogen 60b 67 Limavady Road Proposed 4 no 2 storey dwelling Permission 01/05/2018 26.8 Lower Ballyarton L'Derry and realignment of approved Granted Road BT47 6JU road L'Derry BT47 3SY LA11/2017/0999/LDE LDE George Devine 24 24 Richill Park Sunroom attached to rear of Permission 14/05/2018 26.6 Richill Park Killfennan house in back garden. Granted Killfennan Londonderry Londonderry BT47 5QY Planning Applications Decisions Issued From: 01/05/2018 To: 30/05/2018 No. of Applications: 63 Reference Number LA11/2017/1035/LDE LDE L Campbell 16 No. 16 Rossdowney Park Retention of "Change of Use" Permission 15/05/2018 25 Rossdowney Park Waterside L'Derry BT47 from part of a domestic dwelling Refused L'Derry 5PW. to a "Child-minding" facility. BT47 5PW LA11/2017/1079/F F Strabane Community 42 Barrack Street Set back southeast boundary Permission 14/05/2018 22 Project 42 Barrack Strabane along 42 Barrack Street enabling Granted Street BT82 9HD the widening of adjoining Avenue Strabane for the purpose of improving the BT82 8HD access to allotments gardens at the rear. LA11/2017/1117/F F Karol McElhinney Land approx 150m north of Retention of controls container Permission 15/05/2018 21 Sion Hydro Ltd the weir Herdmans Mill Sion and concrete hard standing Granted Glenmore Estate Mills Aghaveagh Page 166 Page Ballybofey Donegal
LA11/2017/1136/F F W&J Chambers 66A Glenshane Road Partial demolition of existing Permission 17/05/2018 21 Limited 66A Drumahoe animal feed and equestrian Granted Glenshane Road Drumahoe TD supplies building and extension Drumahoe Londonderry to provide additional area for Londonderry BT47 3SF animal feed and equestrian BT47 3SF supplies LA11/2018/0008/F F Gerard O'Doherty Land Adjacent to 33 Erection of 2 no 2 storey Permission 14/05/2018 19.2 GDC Homes Ltd Bridgewater dwellings with attached garages Granted 372 Ballyquin Road Clooney Road (Change of housetype from that Dungiven L'Derry approved under Ref: BT47 4NQ A/2010/0565/F) LA11/2018/0024/A A Clear Channel N.I. Footpath/car park opposite Conversion of existing six sheet Consent 14/05/2018 18.6 Ltd Channel No.19 Glendermott Road display unit incorporated into an Granted Commercial Park Derry existing Adshel Bus Shelter to a Queens Road Co Londonderry six sheet digital display screen Belfast BT3 9DT Planning Applications Decisions Issued From: 01/05/2018 To: 30/05/2018 No. of Applications: 63 Reference Number LA11/2018/0050/F F Belmont Investment Lands 150 Metres West of Proposed 2 storey light industrial Permission 17/05/2018 17 Properties Limited units 1-3 Elagh Business building (class B2) with ancillary Granted C/O MCI Planning & Park office accommodation, boundary Development Buncrana Road fence, generator store, 744 Alaska Buildings Derry transformer station, smoking 61 Grange Road shelter, cycle shelter, car London parking, landscaping and SE1 3BD associated works LA11/2018/0055/F F City Of L'Derry Lands to rear of 18 Cloghole Proposed single storey meeting Permission 29/05/2018 18.6 Charitable Trust 1 Road hall Granted Carrakeel Road Campsie L'Derry L'Derry
LA11/2018/0062/F F Northern Ireland Northern Ireland Water Demolition and full Permission 01/05/2018 15 Water Westland Carmoney Water Treatment reconstruction of a potable water Granted House Works pumping station and new Page 167 Page Old Westland Road Carmoney Road retaining wall and hardstand Belfast Eglinton area. BT14 6TE Londonderry BT47 LA11/2018/0081/F F Martin Corry 11 11 Brooke Park Proposed rear extension to Permission 04/05/2018 14.2 Brooke Park Castlederg dwelling Granted Castlederg
LA11/2018/0086/F F Bernadette Edgar 39 No. 39 Glenside Road single storey rear extension to Permission 15/05/2018 15.4 Glenside Road Derry provide disability wet room Granted Derry BT48 0BN shower BT48 0BN LA11/2018/0087/A A Limavady Memorials 90 Small hoarding, fence erected Consent 15/05/2018 15.4 96 Ballykelly Road Blackthorn Manor eye level. 75 mm above Refused Limavady Londonderry pavement. Retention of hoarding Co Londonderry BT47 5TA fixed to front fence 90 Blackthorn BT49 9DS Manor. LA11/2018/0103/F F Joseph McGoldrick 2 Drumnabay Park Demolition of existing single Permission 15/05/2018 14.4 2 Drumnabay Park Spamount storey rear extension to be Granted Spamount Castlederg replaced by new single storey Castlederg BT81 7PS extension consisting of bedroom BT81 7PS and bathroom Planning Applications Decisions Issued From: 01/05/2018 To: 30/05/2018 No. of Applications: 63 Reference Number LA11/2018/0117/F F Kathleen McGrath 26 Young Crescent Proposed single storey Permission 09/05/2018 13.4 26 Young Crescent Castlederg extension to rear of dwelling Granted Castlederg
LA11/2018/0121/F F Martin Monaghan 1 1 Summerhill Court Proposed single storey Permission 14/05/2018 13.2 Summerhill Court Strabane extension to rear of dwelling Granted Strabane BT82 9FJ LA11/2018/0125/F F Londonderry YMCA Londonderry YMCA Single storey family and Permission 11/05/2018 13.2 51 Glenshane Road 51 Glenshane Road community hub/building Granted Londonderry Londonderry (amended plans) BT47 3SF BT47 3SF LA11/2018/0128/DC DC Brendan Loughran Lands due north of Nos. 1-21 Discharge of condition no. 2 in RL 15/05/2018 12.8
Page 168 Page and Sons Ltd 11 Coneyville regards with application Termon Road Culmore LA11/2016/0332/F - Carrickmore Derry archaeological programme of Omagh works BT79 9JW LA11/2018/0142/F F Mr R Gillespie 16 16 Delaney Crescent Extensions to the side and rear Permission 17/05/2018 13 Delaney Crescent Strabane of existing dwelling to consist of Granted Strabane new Ground floor kitchen to the side and First floor bedroom and en-suite to the rear LA11/2018/0144/F F Alister and Sharon The Mount Demolition of rear 2 storey Permission 24/05/2018 13.8 Barnhill The Mount 38 Urbalreagh Road return, to existing dwelling, and Granted 38 Urbalreagh Road Victoria Bridge replacement with new extended Victoria Bridge Strabane part single part 2 storey rear Strabane BT82 9JL return extension and internal BT82 9JL alterations. (revised design to approval LA11/2016/0953/F) LA11/2018/0151/DC DC The McGinnis Group Lands at Cloghole Road Discharge of condition under RL 29/05/2018 13 Unit 1 Campsie Campsey Settlement conditions 19 & 20 of planning Business Park BT47 3JW consent LA11/2016/0716/F - McClean Road Submission of Earth works Eglinton Management Plan BT47 3XX Planning Applications Decisions Issued From: 01/05/2018 To: 30/05/2018 No. of Applications: 63 Reference Number LA11/2018/0173/F F Mary Nelson 143 143 Lower Main Street Extension to rear of dwelling - Permission 29/05/2018 12.8 Lower Main Street Strabane change of roof type to that Granted Strabane approved under LA11/2017/0444 - duo pitch changed to mono pitch LA11/2018/0198/F F Corrina McCormick Site 50m West of 2 AProposed two storey dwelling Permission 01/05/2018 7.4 40 Prospect Road Scotstown Road Clady with basement storage area Granted Strabane BT82 9SB LA11/2018/0224/F F Ronan McCauley 6 6 Aberfoyle Crescent Proposed replacement domestic Permission 14/05/2018 8.6 Abberfoyle Crescent Derry garage Granted Derry BT48 7PG BT48 7PG LA11/2018/0230/F F Mr & Mrs G Kelly 1 1 Hinton Park Single storey extension to Permission 21/05/2018 10 Hilton Park Waterside external store/utility room, Granted
Page 169 Page Waterside Derry relocating vehicular access, Derry BT48 6HX replacement of boundary BT47 6HX fencing/hedge. Replacement of main roof coverings and internal alterations to, ain dwelling LA11/2018/0243/F F Mr C Deighan 5 5 Glengrainne Gardens Single storey rear and side Permission 18/05/2018 8.8 Glengrainne Gardens Park extension to dwelling Granted Park BT47 4BG BT47 4BG LA11/2018/0247/F F Mr Ward 27 27 Carrickreagh Gardens Proposed single storey detached Permission 16/05/2018 8.4 Carrickreagh Derry garage Granted Gardens Derry BT48 9UA LA11/2018/0253/F F Northern Ireland 23 Kinsale Park Proposed single storey rear Permission 15/05/2018 8.4 Housing Executive Londonderry shower room extension and level Granted The Housing Centre BT47 4NN access ramp to rear door. 2 Adelaide Street Belfast BT2 8PB Planning Applications Decisions Issued From: 01/05/2018 To: 30/05/2018 No. of Applications: 63 Reference Number LA11/2018/0273/F F Catherine & Conor 35 Ballyarnett Village Proposed side and rear single Permission 11/05/2018 7 Mc Colgan 35 Derry storey extension to dwelling and Granted Ballyarmett Village BT48 8SB 2 storey rear extension Derry BT48 8SB LA11/2018/0278/F F Mr & Mrs Black 26 26 Richill Park Proposed single storey rear Permission 10/05/2018 7 Richill Park Kilfennan extension to dwelling Granted Kilfennan Derry Derry BT47 5QY BT47 5QY LA11/2018/0285/F F Charles Gillespie 19 19 Lenamore Gardens Single storey bedroom and wet Permission 14/05/2018 7 Lenamore Gardens Derry room extension to side of Granted Derry BT48 8LJ existing dwelling. BT48 8LT Page 170 Page LA11/2018/0289/F F Eileen O'Neill 17 17 Dunree Gardens Single storey rear extension to Permission 15/05/2018 7 Dunree Gardens Creggan provide wet room facilities. Granted Derry Derry Including rear access ramps and BT48 9QF BT48 9QF handrails, retaining wall with fence and access steps to rear garden. LA11/2018/0290/F F Andrea Campbell 11 11 Eastway Single storey side/rear and front Permission 16/05/2018 7.2 Eastway Derry extension to provide Granted Derry BT48 9QA bedroom/utility/garage/porch and BT48 9QA extension of living room. LA11/2018/0291/F F N.I Housing 2 Greenwalk Single storey rear bedroom and Permission 16/05/2018 7 Executive 2 Derry shower room extension (approx. Granted Adelaide Street BT48 9NS 7.8m x 3.5m). Belfast BT2 8PB Planning Applications Decisions Issued From: 01/05/2018 To: 30/05/2018 No. of Applications: 63 Reference Number LA11/2018/0298/NMC NMC Colm McGinley 20- Site at 20-22 Buncrana Road Amendment to design of the Consent 15/05/2018 7.4 22 Buncrana Road Derry proposed Drive Thru to have a Refused Derry first floor which has now been BT48 8EA incorporated into the proposed amended plans. The building would be still constructed on the same footprint as the approved but would have a first floor to provide additional seating and office space with lift installed. LA11/2018/0299/F F Elizabeth McFeeters 69 Bellspark Road Proposed single storey shower Permission 15/05/2018 6.8 69 Bellspark Road Clady room rear extension to rear of Granted Clady Strabane dwelling for disabled person. Strabane BT82 9QX BT82 9QX LA11/2018/0305/F F Thomas McCourt Rosemount Resource Centre Demolition of existing centre and Permission 24/05/2018 7.8 Page 171 Page Rosemount Resource 1a Westway provision of new 2 storey Granted Centre Creggan community building 1a Westway Derry Creggan BT48 9NT Derry BT48 9NT LA11/2018/0307/F F Francis & Linda Coyle 12 Lampton Court Proposed single storey Permission 14/05/2018 6.6 12 Lampton Court Urney Road extension to rear of dwelling for Granted Strabane Strabane new kitchen BT82 9TA BT82 9TA LA11/2018/0309/F F Brian Bradley 5 5 Bellscourt Single storey extension to rear of Permission 21/05/2018 7.4 Bellscourt Clady dwelling Granted Clady Strabane Strabane BT82 9FP BT82 9FP LA11/2018/0316/RM RM Mr Norman Lindsay Lands between 11 and 13 Proposed dwelling (ridge height Permission 16/05/2018 5.8 46 Ballee Road Berryhill Road 7.5M.) and domestic garage Granted Strabane Ballymagorry BT82 0AA Strabane Planning Applications Decisions Issued From: 01/05/2018 To: 30/05/2018 No. of Applications: 63 Reference Number LA11/2018/0324/F F John Dillon 5 Leafair 5 Leafair Gardens Front access ramp and handrails Permission 18/05/2018 6 Gardens Derry Granted Derry BT48 8LH BT48 8LH Page 172 Page