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Appeals Schedule City and District

Please Note: Applications are listed in order received by PAC Appendix 12

CURRENT APPEALS

Reference PAC Appeal Type Proposal Location Applicant Summary Update Appeal Status Number reference

1 EN/2016/0199 2017/E0040 Appeal against Alleged unauthorised Buildings and Michael Enforcement Notice Decision received 20 Enforcement change of use of land to land at 15 McGonagle Appeal November 2018 Notice Issued a clothes recycling Hill Road, Enforcement Notice facility; of buildings and Ballynagalliagh, Upheld land for the storage of Londonderry materials, storage containers, vehicles and trailers; of a dwelling to flats; and of an outbuilding to a dwelling

2 LA11/2018/0160/DE 2018/C004 Appeal on EIA Proposed restoration by Lisbunny Quarry, W & J Delegated Decision Decision received 15 TEIA Determination infilling with inert waste Longland Road, Chambers to request November 2018 of Lisbunny Quarry, Claudy Environmental Decision upheld - ES Longland Road, Claudy Statement required

3 LA11/2015/0137/CA 2018/E0018 Appeal against Alleged unauthorised Land and Mr John Quinn Enforcement Notice Decision received 15 Enforcement erection of buildings premises at 69 Appeal November 2018 Notice Issued and change of use of Peacock Rd BT82 Enforcement Notice the land and buildings 9NP, , Terms Varied for a manufacturing Tyrone workshop

Appeals Schedule District

Please Note: Applications are listed in order received by PAC Appendix 12

4 LA11/2017/0085/CA 2018/E0024 Appeal against Alleged unauthorised Lands at former Mr David Enforcement Notice Enforcement Notice Enforcement use of land for the Drumahoe Gilmore Appeal Quashed notice issued deposition of controlled Industrial Estate, waste (as defined in the Drumahoe Road, Waste and Ardnabrocky, Contaminated Land (NI) Londonderry. Order 1997) causing BT47 3SD. infilling and raising of land.

5 LA11/2017/0242/F 2018/A0068 Appeal against Retention of conversion 20 Barry Street Dermot Committee Decision Appeal Allowed decision to of two storey mid Pennyburn Derry McSorley to refuse refuse terrace single BT48 7PJ occupancy dwelling to a house of multiple occupancy.

6 A/2012/0401/F 2015/A0102 Appeal against Wind farm comprising 7 Barr Cregg, Renewable Committee Decision Appeal Allowed decision to turbines and associated Ballymaclanigan Energy to refuse refuse infrastructure and Systems Ltd Slaghtmanus, 14 passing bays to near Claudy, Co A/2014/0112/F 2015/A0168 Appeal against facilitate construction Londonderry Committee Decision decision to of wind farm to refuse refuse Additional on-site A/2014/0114/F 2015/A0169 Appeal against access track associated Committee Decision decision to with wind farm to refuse refuse

Appeals Schedule Derry City and Strabane District

Please Note: Applications are listed in order received by PAC Appendix 12

7 LA11/2018/0182/L 2018/E0043 Appeal against Existing business for Sproule Road, Mr Jim Robb Appeal Partially DE decision to vehicle diagnostic and with Certificate of Lawful Allowed refuse automotive electrical additional access Use or Development repair workshop - onto (CLUD) Delegated Carrickdartans decision to Refuse having been listed for Road, Castlederg commercial purposes for more than 5 years.

Appeals Schedule Derry City and Strabane District

Please Note: Applications are listed in order received by PAC Appendix 12

8 J/2014/0027/CA 2018/E0041 Appeal against Alleged unauthorised Lands North , Riddles Enforcement Notice Informal Hearing Enforcement winning and working South and East Brothers Appeal 29 May 2019 Notice of materials, of 33 Limited stockpiling of Castlewarren Part 1 Decision minerals and export Road, 28/8/20 Enforcement Notice of materials; Alleged Varied unauthorised change of use of land for screening and crushing of minerals; Alleged unauthorised erection of cabin used as an office, staff room and toilet; Alleged unauthorised erection of storage unit; Alleged unauthorised ponds; Alleged unauthorised earth bunds; Alleged unauthorised deposition of waste material, scrap metal and disused vehicles.

Appeals Schedule Derry City and Strabane District

Please Note: Applications are listed in order received by PAC Appendix 12

9 LA11/2015/0518/F 2018/A0129 Appeal against Amendment to Wind Lands 260m Mr Gordon Committee Decision Appeal Dismissed decision to Turbine planning South West of Thompson to Refuse refuse approval 76 Strabane J/2009/0340/F. Road, Birnaghs, Erection of a wind Newtownstewa turbine - change in rt, Co. Tyrone. hub height from 30m to 40m and change in rotor diameter from 26m to 54m. 10 LA11/2017/1111/F Appeal against Change of Use from 2 Grafton Mr P Committee Decision Appeal Allowed decision to dwelling to HMO Terrace, Derry McCrisken to Refuse Full Award Costs refuse Against Council

Appeals Schedule Derry City and Strabane District

Please Note: Applications are listed in order received by PAC Appendix 12

11 A/2013/0125/CA Appeal against Unauthorised use of Land at Enforcement Notice Enforcement Notice enforcement land for importation, Carrickeel Appeal Quashed notice storage, processing Drive, Derry and distribution of fossil fuels, sand, ash and other minerals. The alleged unauthorised stationing of a container unit; weighbridge; the stationing of concrete blocks forming walls; the stationing and use of plant, machinery and equipment in association with the above unauthorised change of use.

12 LA11/2016/0597/F 2018/A0193 Appeal against Amendments to Approximately Miller McElrea Committee Decision Site Visit held - refusal existing 250kw wind 125m North of to Refuse 29 June 2019 turbine to increase Bunderg Road, tower height from Strabane Appeal Dismissed 8 Feb 2020 31m to 44m and to increase blade length from 14.5m to 19.5m

Appeals Schedule Derry City and Strabane District

Please Note: Applications are listed in order received by PAC Appendix 12

13 LA11/2016/0223/ 2018/E0052 Appeal against Alleged unauthorised Lands to the George Kelly Enforcement Notice Hearing 9 Jan 2020 CA Enforcement winning and working North & East of Appeal Strabane Enterprise Notice of minerals Alleged 5 Derg Road, Agency 10.30am unauthorised Victoria Bridge, Await Decision installation of a Strabane, BT82 drainage pipe 9JW

14. A/2014/0026/CA 2018/E0065 Appeal Against Alleged unauthorised Land at 23 Mr Michael Enforcement Notice Enforcement Notice Enforcement erection of building Monnaboy McColgan Appeal Quashed Notice Derry and Strabane Road, Derryarkin Upper, Eglinton, Londonderry

15 LA11/2018/0758/F 2018/C006 Appeal against Determination that 26 Lenamore by N & R EIA Determination EIA required and EIA Proposal for 25 no. Road, Devine for Appeal confirmed

Determination dwellings must be Shantallow, accompanied by an Derry, Environmental Statement (LA11/2018/0758/F) (2 no. detached 2 storey, 16 no. semi- detached 2.5 storey, 4 no. terraced 2.5 storey and 3 no. terraced with 1 no. 2.5 storey and 2 no. 2

Appeals Schedule Derry City and Strabane District

Please Note: Applications are listed in order received by PAC Appendix 12

storey)

16 LA11/2016/0008/ 2018/E0067 Appeal against Alleged unauthorised Land at 120 Rev John Enforcement Appeal EN Upheld CA Enforcement erection of buildings Melmount Withy Road, Sion Mills, Tyrone

17 LA11/2016/0041/ 2019/E0009 Appeal against Alleged unauthorised on Land at Mr Roy Enforcement Appeal Appeal Hearing held CA Enforcement Construction of a Approximately McCrea 14 Nov 2019 Notice Slurry Lagoon, Fence 215m NNE of 191 Glenshane EN Upheld and Associated 23 Dec 2019 Earthworks Road, Crossballycorm ick, Co. Londonderry

Appeals Schedule Derry City and Strabane District

Please Note: Applications are listed in order received by PAC Appendix 12

18 LA11/2016/0168/ 2019/E009 Appeal against Alleged unauthorised Land at Mr Roy Enforcement Appeal Appeal Hearing held CA Enforcement Construction of One Approximately McCrea 14 Nov 2019 Notice Wastewater Lagoon 190m East of 334 Longland EN Upheld and One Slurry 8 Jan 2020 Lagoon Road, Co Londonderry.

18 LA11/2017/0763/L 2019/A0054 Appeal against Change of use to 39 39 Shipquay Bentley Committee Decision Informal Hearing BC refusal of Shipquay Street to Street, 1 & 2 Leisure to refuse held 24 Oct 2019 Listed Building provide extension to Bank Place Consent Derry Appeal Allowed approved amusement 3 Jan 2020 arcade(A/2014/0314/ F)

19 LA11/2017/0764/F 2019/A0055 Appeal against Change of use to 39 39, Shipquay Bentley Committee Decision Informal Hearing refusal of Shipquay Street to Street,1/2 Bank Leisure to Refuse held 24 Oct 2019 application. provide extension to Place Derry Appeal allowed approved amusement 3 Jan 2020 arcade (A/2014/0314/F)

Appeals Schedule Derry City and Strabane District

Please Note: Applications are listed in order received by PAC Appendix 12

20 LA11/2018/0476/F 2019/A0066 Appeal against Section 54 application Land to the FP McCann Invalid Application Written Rep invalid to remove/vary north of 22 Returned Oct 2019 application condition no 9 of Umrycam Road,Feeny Appeal Withdrawn planning approval by appellant 1/9/20 A/2001/0726/F (PAC Londonderry 2004/A266) to allow the continuation of extraction activities until 31st March 2025

21 A/2014/0086/F 2019/A0086 Appeal against Redevelopment of Lands adjacent Dan Committee Decision Written Rep sent refusal of vacant lands for an to Rossdowney O’Loughlin to Refuse 4 Oct 2019 application unattended 24 hour Road and Crescent Link Appeal Dismissed operating filling 17/8/20 station incorporating Junction, Derry new canopy, 4 fuel dispensers, new underground fuel tanks, upgraded associated site works & site boundaries plus a fuel cash and carry sales building and car wash.

Appeals Schedule Derry City and Strabane District

Please Note: Applications are listed in order received by PAC Appendix 12

22 LA11/2019/0268/L 2019/E0033 ) NON- Access point into Castle Warren Robert Non- Determination Informal Hearing DE. DETERMINATIO lands C.360m north Rd, Donemana Riddles of CLUED scheduled for 26 N APPEAL - east of 35, Feb 2020 not held, revised procedures Castlewarren Road, issued to advise the Donemana, Strabane case would be dealt Existing development with by Written and use of an Representation entrance, access haul

road and crossing Decision 28/8/20 point connecting the Part Granted existing sand and gravel pit and washing plant site to the Castlewarren

23 LA11/2017/0053/ 2019/E0034 ENFORCEMENT Alleged unauthorised Land North of Assured Enforcement Appeal Hearing 5 Feb 2020 CA - APPEAL Anerobic Digester 53 Dunnalong Energy Strabane Enterprise Plant consisting of Road, , Agency

primary and Tyrone, BT82 0DW secondary anaerobic Enforcement Notice digesters, Vielfrab Varied 30/9/20 on solid feed unit, legal grounds on combined heat and appeal only.

power plant and Currently awaiting office building, dates and electricity substation, procedures for flare, weigh bridge, remaining grounds feedstock storage to heard.

Appeals Schedule Derry City and Strabane District

Please Note: Applications are listed in order received by PAC Appendix 12

clamps, concrete apron, hard standing, effluent storage tanks, pre pit and use of sheds and slurry tanks for the storage of digestate

24 LA11/2018/0817/ 2019/A0127 Appeal against 2no dwellings and Immediately Mr Liam Committee decision Written rep SoC O refusal of domestic garages (in- south (and Caldwell to refuse submitted Dec 2019 application fill site) adjacent to) 114 Duncastle Appeal Dismissed Road Cullion 10 Feb 2020 Londonderry

25. LA11/2018/0376/F 2019/A0133 Appeal against Proposed 6 no.1 Site 20m south Mr N Maguire Committee decision Hearing 29/1/20 refusal of bedroom apartments of no's 22,24 to refuse Strabane Ent Agency application and 26 11am Townsend Street on Back Appeal Dismissed 26/5/20 Row, Strabane

Appeals Schedule Derry City and Strabane District

Please Note: Applications are listed in order received by PAC Appendix 12

26 LA11/2017/0251/F 2019/A0156 Appeal against Retrospective 511 Glenshane Mr G Committee decision Informal Hearing th refusal of application to Road, Rosborough to refuse 10 March 2021 application retention of part Killycor,London Await decision change of use from derry agricultural building to dog/cat kennels

27. EN/2019/0152 2019/E0051 Enforcement Alleged unauthorised Land to the Mr JA Enforcement Appeal Await dates Appeal siting of portacabin rear of 41 and Mc Laughlin

and change of use of 42 Springhill land for retail sale of Park, Strabane goods.

28. LA11/2018/0226/F 2019/A0200 Appeal against , Retrospective 23 Old Bridge Kellys Sand Committee decision Await dates refusal of planning permission Road, Victoria and Gravel to refuse application for the retention of Bridge, Ltd works carried at sand Strabane & gravel quarry, with associated works and access. Proposed Western extension and southern extension to previously extracted areas. Proposed works to include new haul road and

Appeals Schedule Derry City and Strabane District

Please Note: Applications are listed in order received by PAC Appendix 12

realignment of existing internal road. Works to also include settlement ponds, development of screening bunds, 2 no. compounds, relocation of existing washing plant, stockpiles and the creation of a staggered crossing on the Derg Road access, and full restoration of combined sites and retention of temporary buildings.

29. LA11/2015/0114/CA 2019/E0057 Enforcement The alleged Land at 511, Mr Graeme Enforcement Appeal Informal Hearing th Appeal unauthorised change of Glenshane Road, Rosborough 10 March 2021 use of land and Killycor, Await Decision buildings for dog Londonderry kennels and cattery business.

Appeals Schedule Derry City and Strabane District

Please Note: Applications are listed in order received by PAC Appendix 12

30. LA11/2019/0271/F 2019/A0243 Appeal of Proposed retention of 3 19 Westend Park Green Homes Committee Decision Await decision Refusal no. apartments - 2 no. 2 NI Ltd to refuse Planning Derry City bedroom apartments Permission and 1 no. 1 bed BT48 9JF apartment

31 LA11/2017/0833/F 2019/A0242 Appeal on Change of use from 19 Westend Park Green Homes Committee Decision Await Decision Refusal dwelling to 6 bedroom Ni Ltd to refuse Planning Derry City HMO Permission BT48 9JF

32 A/2014/0592/F 2020/A0017 Appeal on Erection of 39 Ltd 8-10 Victoria Clanmil Committee Decision Statement of case refusal of apartments (4 storey Road, Derry, Developments to refuse planning submitted Planning building) with rooftop BT47 2AB permission Await decision Permission amenity space, new access arrangements from Victoria Road, servicing and drop off provision, bin stores, cycle parking landscaping and associated site works.

Appeals Schedule Derry City and Strabane District

Please Note: Applications are listed in order received by PAC Appendix 12

33 LA11/2015/0065/ 2020/E0014 Enforcement Alleged unauthorised Land John McCrea Enforcement Appeal Await decision Appeal concrete walls, approximately . concrete base and earth 100 metres East banking .An engineering South East of 3 operation to provide a Elm Road, silage pit Gobnascale, Donemana, Tyrone, BT820JE

34 LA11/2017/0902/F. 2020/A0075 Non Housing development Lands at Mr John Paul Appeal against Not a valid appeal Determination consisting of 97 No. Ballygudden McGinnis failure to take Appeal units, creation of new Road, to the planning decision access and associated north and west (Section 60 of infrastructure and of No.11 Planning Act ancillary works Ballygudden (NI)2011) Road, Eglinton.

35 LA11/2019/0382/F 2019/C005 – EIA Reg 15 Hearing concerning a Land MR ROY EIA Regulation 15 EIA development Appeal on EIA determination that an approximately McCREA confirmed ES , Determination application for planning 190 metres to required. permission for the east of 334 retention of slurry Longland Road, lagoon and dirty water Claudy, County Londonderry tank and provision of an acid storage tank, acid process tank and showering facility), must be accompanied by an environmental statement

Appeals Schedule Derry City and Strabane District

Please Note: Applications are listed in order received by PAC Appendix 12

36 LA11/2018/0130/F 2020/A0092 Appeal on Replacement and 660m north west Oakdene Committee decision Written refusal of relocation of wind of 37 Cavan Renewables to refuse planning Representation planning turbine approved under Road, permission procedure permission J/2012/0038/F Castlederg, Co. including an increase in Tyrone Statement of case rotor diameter from submitted Feb 21 Await decision 26m to 44m and change

of hub height from 30m Costs Claim to 40m Derry and submitted Strabane

37 LA11/2018/0133/F 2020/A0093 Appeal on Replacement and Land 680m north HC Huey Committee decision Written refusal of relocation of wind west of 37 Cavan to refuse planning Representation planning turbine approved under Road, permission Procedure permission J/2010/0068/F Castlederg, Co. including an increase in Tyrone. Statement of case rotor diameter from submitted Feb 21 26m to 39m and change of hub height from 30m Await decision to 40m Costs Claim submitted

38 EN/2020/0181 2020/E0037 Enforcement (a) Alleged Land at 75 Ervey Mr Desmond Enforcement Appeal Informal hearing Appeal unauthorised infilling Road, Highmoor, Feeney Procedure and raising of land as an Londonderry engineering operation Statement of case to create a hard submitted standing area (b) Await decision Alleged unauthorised erection of buildings (c) Alleged unauthorised

Appeals Schedule Derry City and Strabane District

Please Note: Applications are listed in order received by PAC Appendix 12

stationing of caravan

39 LA11/2016/0107CA 2020/E0045 Enforcement 1. Alleged unauthorised Lands to the rear Mr Damien Enforcement Informal hearing Derry and Strabane Appeal erection of 2 no. of 35 McCafferty Appeals date TBA buildings Beechwood Avenue, Derry 2. Alleged unauthorised erection of access gate

40 LA11/2019/0468/F 2020 C006 EIA Proposed 1 no. Land to the rear Neil McBeth Appeal on EIA Statement of case Determination additional broiler of 131 Cumber Determination that submitted appeal Reg 15 breeder laying poultry Road Claudy Environmental shed including link to statement is Await dates for existing with 2 no. required to Informal Hearing additional feed bins and accompany the application associated site works. (New shed to contain 8,000 egg laying hens and 800 roosters, taking the total site capacity to 24,000 egg laying hens and 2,400 roosters)

Appeals Schedule Derry City and Strabane District

Please Note: Applications are listed in order received by PAC Appendix 12

41 LA11/2019/0463/F 2020 C007 EIA Proposed dairy shed Lands approx. Cathal O’Neill Appeal on EIA Statement of Case Determination including automated 72m north east Determination that submitted . appeal Reg 15 milking facilities, 2 no. of No.20 Environmental feed bins and Lisbunny Road, statement is Await dates for associated site works Dunamanagh, required to Informal Hearing (to contain 120 dairy Strabane, BT82 accompany the OPZ application cows)

42 LA11/2020/0585F 2020/A0131 Section 60 - Non Removal of an existing Approx Mr Jason Appeal on non - Written Rep determination turbine approved under 370msouth of 16 Browne determination of Procedure appeal planning Drumeagle Road, application Statement of Case th j/210/0450/f(41M hub Sionmills County due 14 April 21 height & 29m rotor Tyrone diameter)and erection of wind turbine (40m hub height & 52m rotor diameter)power output 250kw

43 LA11/2016/0007/CA 2020/E0055 Enforcement a) Alleged - Land to the east Mr Trevor Enforcement Appeal Await dates Appeal on appeal Unauthorised wining of 6 Tornage Mulhern Enforcement Notice and working of Road, materials b) Alleged - Ballynamallaght,

Unauthorised stationing Dunnamanagh,

of a washing and Co Tyrone, BT82 0SL. screening plant and two associated containers

c) Alleged - Unauthorised stationing

Appeals Schedule Derry City and Strabane District

Please Note: Applications are listed in order received by PAC Appendix 12

of a crusher

d) Alleged - Unauthorised concrete hardstanding

e) Alleged - Unauthorised settlement ponds

f) Alleged - Unauthorised hardstanding and water pump

g) Alleged - Unauthorised earth bunds

44 LA11/2016/0976/F 2020/A0151 Appeal on Residential Ebrington Park / McGinnis Committee decision Await dates Refusal of development of 33 No. Limavady Road Group to refuse planning

Planning houses comprising 8 no and Rockport permission Permission bungalows and 25 no 2 Park / Limavady storey dwellings with Road junctions landscaped amenity to provide visibility splays. space, internal road Lands at Rossbay layout and pedestrian off Limavady cycle link to riverside Road Waterside walkway. Junction Derry City BT47 improvements 6JJ.

Appeals Schedule Derry City and Strabane District

Please Note: Applications are listed in order received by PAC Appendix 12

45 LA11/2016/0342/F 2020/A0158 EIA Extension to an existing Leitrim Hill Mr Ian Appeal on EIA Await dates Determination quarry Quarry, Leitrim Gillespie Determination that appeal Reg 15 Hill, Aghnadoo, Environmental . Aghnadoo Road, Statement is , required to Castlederg accompany the application