Appendix 18

Derry City and District Council Planning Committee Report

COMMITTEE DATE: 1st February 2017

APPLICATION No: LA11/2016/0590/F

APPLICATION TYPE: Full Planning application

PROPOSAL: Erection of 14 dwellings (amendment to previously approved housing layout approved under J/2007/0200/F reducing proposed numbers by 5 dwellings)

LOCATION: Site at Victoria Meadows, Magheramason, Co.

APPLICANT: Strabane Developments Limited

AGENT: Mark Houston Design

ADVERTISEMENT: 09.12.2016

STATUTORY EXPIRY: 28.12.2016

RECOMMENDATION: Approval

REASON FOR PRESENTATION TO COMMITTEE: Housing development over 5 units.

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 application is for the Erection of 14 dwellings (amendment to previously approved housing layout

Approved under J/2007/0200/F reducing proposed numbers by 5 dwellings).

2. EIA Determination

The proposal is not EIA determination. Appendix 18

3. Site and Surrounding Area

The proposed site is approx. 0.356 ha located on white land as defined in the Strabane Area Plan 2001. The site is a continuation of an existing housing development known as ‘Victoria Meadows’, and is to be accessed through the existing housing development.

The topography of the site is relatively flat with a number of dwellings already constructed within the site. There are hedgerows and vegetation located on the north east boundary. There is a mix of detached, semi detached and terraced 2 storey dwellings. Appendix 18

View of site entrance to Victoria Meadows

View of proposed site within Victoria Meadows Appendix 18

View of proposed site within Victoria Meadows

4. Site Constraints

No site constraints

5. Neighbour Notification Report

Neighbours Notified

Neighbour Address Date Neighbour Notified 144 Victoria Road,Magheramason,,Tyrone,BT47 2RS, 7/7/16 16 Dunnalong Road,Magheramason,,Tyrone,BT82 0DW, 7/7/16 16 Dunnalong Road, Magheramason, Co. Londonderry 7/7/16 47 Victoria Meadows,Magheramason,LONDONDERRY,Co. 7/7/16 Tyrone,BT47 2TX 48 Victoria Meadows,Magheramason,LONDONDERRY,Co. 7/7/16 Tyrone,BT47 2TX 49 Victoria Meadows,Magheramason,LONDONDERRY,Co. 7/7/16 Tyrone,BT47 2TX 50 Victoria Meadows,Magheramason,LONDONDERRY,Co. 7/7/16 Tyrone,BT47 2TX 51 Victoria Meadows,Magheramason,LONDONDERRY,Co. 7/7/16 Tyrone,BT47 2TX Appendix 18

Neighbours Notified

Neighbour Address Date Neighbour Notified 18 Dunnalong Road, Magheramason, Co. 7/27/16 20 Dunnalong Road, Magheramason, Co. 7/27/16

Neighbours Notified

Neighbour Address Date Neighbour Notified 144 Victoria Road,Magheramason,Ballymagorry,Tyrone,BT47 2RS, 12/5/16 16 Dunnalong Road,Magheramason,Bready,Tyrone,BT82 0DW, 12/5/16 16 Dunnalong Road, Magheramason, Co. Londonderry 12/5/16 18 Dunnalong Road, Magheramason, Co. 12/5/16 20 Dunnalong Road, Magheramason, Co. 12/5/16 47 Victoria Meadows,Magheramason,LONDONDERRY,Co. 12/5/16 Tyrone,BT47 2TX 48 Victoria Meadows,Magheramason,LONDONDERRY,Co. 12/5/16 Tyrone,BT47 2TX 49 Victoria Meadows,Magheramason,LONDONDERRY,Co. 12/5/16 Tyrone,BT47 2TX 50 Victoria Meadows,Magheramason,LONDONDERRY,Co. 12/5/16 Tyrone,BT47 2TX 51 Victoria Meadows,Magheramason,LONDONDERRY,Co. 12/5/16 Tyrone,BT47 2TX

6. Relevant Site History

Planning permission was granted on the site by DOE under application reference J/2007/0200/F which was for the Victoria Meadows development which has commenced on site and a number of dwellings along the frontage are occupied. This application is part of the previously approved site J/2007/0200/F received permission for 19 dwellings. Appendix 18

View of Victoria Meadows from Victoria Road

View of Victoria Meadows from Victoria Road Appendix 18

7. Policy Framework

RDS 2035 Policy RG8:

Strabane Area Plan 2001 -

Strategic Planning Policy Statement for NI

PPS 3 Development Control: Roads Considerations

PPS 7 Quality Residential Environments

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

Creating Places/Living Places

PPS 12 Housing in Settlements

8. Consultee Responses

Loughs Agency – Have no objection to the proposal subject to conditions relating to storm water discharge and requirements for an earth works management plan.

Transport NI – has no objections to the proposal

9. Representations

No representations received

10. Planning Assessment, including Other Material Considerations

Section 6 (4) of The Planning Act () 2011 requires the Council to make planning decisions in accordance with the local development plan, unless material considerations indicate otherwise.

This proposal has been assessed against the provisions of the Strabane Area Plan, as well as other material considerations including the Regional Development Strategy; the Strategic Planning Policy Statement for Northern Ireland; PPS 7 Quality Residential Environments; PPS 3 Access Movement and Parking, and supplementary guidance in ‘Creating Places’, as well as consultation responses and the representations received. Appendix 18

The Strategic Planning Policy Statement for NI (SPPS)

The SPPS supports and strengthens PPS 7 in that it requires submission should demonstrate a high quality of design, layout including road infrastructure considerations and landscaping. Good design contributes to the creation of places to live that are safe and attractive and is also a key element in achieving sustainable development.

Strabane Area Plan 2001

The site is located on white land within the development limits of Magheramason. The principle of housing on these lands is therefore acceptable.

Planning Policy Statement 3 Access Movement and Parking

Transport NI have assessed the application under PPS3 and have no objections to the development. This application does not require a determination under The Private Streets Order 1980 and The Private Streets (Amendment) (Northern Ireland) Order 1992 as the street was previously determined under Application Reference J/2007/0200/F

It is the responsibility of the Developer to ensure that water does not flow from the site onto the public road (including verge or footway) and that existing road side drainage is preserved and does not allow water from the road to enter the site.

PPS 7 Quality Residential Environments: Policy QD1 Quality in new Residential Development

All of the QD1 criteria (a-i) are expected to be met; they are each assessed below: a) In terms of the site’s character, the site is located within an established residential area, and the layout, scale and massing of buildings are appropriate to the character and topography of the site. The proposed 14 residential units are located on land which previously received permission for 19 dwellings. The layout and orientation of dwellings is similar to that which received permission under application J/2007/0200/F. Significant weight has been placed on the existing permission on the site which could be implemented and this layout forms a similar pattern of development as the existing dwellings in Victoria Meadow. The previous approval was for two lines of terrace dwellings however this proposal is to provide a less dense housing layout with incurtilage parking for a number of plots and with a mix of semi detached and terraced dwellings. Appendix 18

Block Plan of Approval J/2007/0200/F (Area in pink defines proposed site)

Proposed Site layout plan Appendix 18 b) There are no features of Archaeology or built heritage on site c) This application is essentially for an amended layout and house types, on the final phase of an existing approved and implemented housing development. The planning history has therefore been a material consideration in considering this development proposal. The previous permission (j2007/0200/F) has identified a central area of open space and this provision of open space remains a requirement of the 2007 permission

In terms of private amenity space, adequate provision has been made for all dwelling units proposed, and these exceed the standards as set out in Creating Places and undead the previous provision for previously approved dwellings under J/2007/0200/F.

The current proposal therefore meets the standards and guidance of Creating Places in terms of private amenity space for the dwellings and landscaping for the site. d) Local neighbourhood facilities are not required due to the scale of the scheme; however the site is located within the development limits of the Magheramason and is within walking distance to the town centre and neighbourhood facilities. There is the provision of a pedestrian link to Dunnalong Road. e) A movement pattern has been established for the development with provision made for an access through Victoria Meadows into the site and pedestrian footways to serve the development. There is the provision of a pedestrian link to Dunnalong Road. f) Adequate provision has been made for parking within the development with in-curtilage parking provided for the dwellings. Transport NI has no concerns relating to the parking provision which meets the requirements of PPS 3 and the published ‘Parking Standards’. g) The design of the dwellings uses a relatively simplistic traditional design, with simple proportions and finishes. All dwellings, match those dwellings which have previously been approved (J2007/0200/F). Appendix 18

Proposed House types Appendix 18

Proposed House Type Appendix 18

Proposed House Type

h) The design and layout will not conflict with adjacent land uses and there will be no unacceptable adverse effect on existing or proposed properties in terms of overlooking, loss of light, overshadowing, noise or other disturbance. The house type proposed are acceptable.

It is therefore considered that the design and layout will not have an unacceptable adverse effect on the existing dwellings in terms of overlooking, loss of light or overshadowing, noise or other disturbance. i) The development is designed to deter crime and promote personal safety to and from the site; the units are orientated so that they front onto the open space and internal road within the Appendix 18

development. Each curtilage has a high quality boundary wall to the front of each dwelling and rear gardens are enclosed with a fence. The proposal will therefore promote personal safety for the proposed and existing residents in the area.

11. Conclusion and Recommendation

The proposal is considered acceptable in that it is in accordance with the Strabane Area Plan 2001 and other material considerations; specifically, the proposal is on land previously approved for housing and, particularly given the planning history of a similar approval on the site, this layout reasonably meets the criteria of QD1 of PPS 7 as a quality residential environment can be achieved. There is the provision of infrastructure works in accordance with PPS 3.

It is therefore recommended that the Council’s Planning Committee approve planning permission LA11/2016/0590/F for the proposed development subject to conditions set out below;

12. 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 the Landscaping Plan (Drawing No. 02 Rev2) received by the Council on 30th November 2016.

Reason: In the interest of visual and residential amenity. Appendix 18

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.