Appendix 8
Derry City and Strabane District Council Planning Committee Report
COMMITTEE DATE: 3 May 2017
APPLICATION No: LA11/2016/0732/F
APPLICATION TYPE: Full
PROPOSAL: Change of use to retail unit 5 (old off sales) to taxi office and waiting area.
LOCATION: 13-17 Greenhaw Road, Derry, BT48 7RZ
APPLICANT: Skeoge Taxis
AGENT: Kevin McClelland Architects Ltd
ADVERTISEMENT: 07.09.2016
STATUTORY EXPIRY: 21.09.2016
RECOMMENDATION: Approve
REASON FOR PRESENTATION TO COMMITTEE: Number of objections exceeds 5.
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 proposed development is for a change of use of the end retail unit at Supervalue to a taxi office and waiting area. The single storey end unit at present is currently vacant and has an existing service yard to the rear which serves the existing supermarket. The plans do not show any proposed changes externally. A change in use class from approved A1 retail use to a taxi business which is a sui generis use requires planning permission.
2. EIA Determination The site falls below the threshold of 0.5 ha for an urban development project and as such does not need to have an EIA determination carried out. Appendix 8
3. Site and Surrounding Area
The site is a flat gradient and currently that of an existing retail premises Supervalu (Longs Supermarket) and also has 4 attached retail units which all front onto Greenhaw Road. At present the adjoining units include a hairdressers, charity shop, laundrette and sun bed salon. There is also an existing off-licence (which fronts Greenhaw Road also) which can be accessed internally through Super valu and has an external door onto the footpath. The end unit which is the subject of this proposal is currently vacant. There is an existing car park which serves the supermarket and retail units and is located in the western section of the site. The site (as outlined in red) is bounded to the rear by No.s 10 – 32 Danesfort Crescent. The unit which is the subject of this proposal is bounded to the rear by no. 32 Danesfort Crescent.
Site Location Plan
The surrounding area is predominantly residential. The site itself is a long established shopping centre and these units act as a local centre providing shopping provision for the local community.
Proposed Site Layout showing end unit Appendix 8
In terms of site layout the proposal involves a change of use of the end unit only of this existing retail complex, closest to the boundary with the road entry to Danesfort Crescent.
Photograph 1 shows Vacant Unit
4. Site Constraints
No particular constraints have been identified for the site
5. Neighbour Notification Report
Neighbour Address Date Neighbour Notified 10 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 9/9/16
10 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 9/9/16 11 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7RZ, 9/9/16 12 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 9/9/16
12 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 9/9/16 Appendix 8
14A Shantallow Avenue,Shantallow,Londonderry,Londonderry,BT48 7UB, 9/9/16
14B Shantallow Avenue,Shantallow,Londonderry,Londonderry,BT48 7UB, 9/9/16
14 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 9/9/16
14 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 9/9/16 16 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 9/9/16
16 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 9/9/16 18 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 9/9/16
18 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 9/9/16 19 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7RZ, 9/9/16 1A Shantallow Avenue,Shantallow,Londonderry,Londonderry,BT48 7UB, 9/9/16
1B Shantallow Avenue,Shantallow,Londonderry,Londonderry,BT48 7UB, 9/9/16
20A Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 9/9/16
20B Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 9/9/16
20 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 9/9/16
22 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 9/9/16
24 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 9/9/16
26 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 9/9/16
28 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 9/9/16
30 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 9/9/16
32 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 9/9/16
34 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 9/9/16
49 Hampstead Park,Shantallow,Londonderry,Londonderry,BT48 7RX, 9/9/16
5 Grainan Court,Shantallow,Londonderry,Londonderry,BT48 7SD, 9/9/16 8A Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 9/9/16
8B Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 9/9/16
Superfare Building,15 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 9/9/16 7SA,
10 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 10/6/16
10 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 10/6/16 11 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7RZ, 10/6/16 12 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 10/6/16
12 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 10/6/16 Appendix 8
14A Shantallow Avenue,Shantallow,Londonderry,Londonderry,BT48 7UB, 10/6/16
14B Shantallow Avenue,Shantallow,Londonderry,Londonderry,BT48 7UB, 10/6/16
14 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 10/6/16
14 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 10/6/16 16 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 10/6/16
16 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 10/6/16 18 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 10/6/16
18 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 10/6/16 19 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7RZ, 10/6/16 1A Shantallow Avenue,Shantallow,Londonderry,Londonderry,BT48 7UB, 10/6/16
1B Shantallow Avenue,Shantallow,Londonderry,Londonderry,BT48 7UB, 10/6/16
20A Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 10/6/16
20B Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 10/6/16
20 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 10/6/16
22 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 10/6/16
24 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 10/6/16
26 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 10/6/16
28 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 10/6/16
30 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 10/6/16
32 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 10/6/16
34 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 10/6/16
49 Hampstead Park,Shantallow,Londonderry,Londonderry,BT48 7RX, 10/6/16
5 Grainan Court,Shantallow,Londonderry,Londonderry,BT48 7SD, 10/6/16 8A Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 10/6/16
8B Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 10/6/16
Superfare Building,15 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 10/6/16 7SA,
10 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 1/30/17
10 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 1/30/17 11 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7RZ, 1/30/17 12 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 1/30/17
12 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 1/30/17 Appendix 8
14A Shantallow Avenue,Shantallow,Londonderry,Londonderry,BT48 7UB, 1/30/17
14B Shantallow Avenue,Shantallow,Londonderry,Londonderry,BT48 7UB, 1/30/17
14 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 1/30/17
14 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 1/30/17 16 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 1/30/17
16 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 1/30/17 18 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 1/30/17
18 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 1/30/17 19 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7RZ, 1/30/17 1A Shantallow Avenue,Shantallow,Londonderry,Londonderry,BT48 7UB, 1/30/17
1B Shantallow Avenue,Shantallow,Londonderry,Londonderry,BT48 7UB, 1/30/17
20A Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 1/30/17
20B Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 1/30/17
20 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 1/30/17
22 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 1/30/17
24 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 1/30/17
26 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 1/30/17
26 Greenhaw Road Shantallow Londonderry Londonderry BT48 7SB 1/30/17
28 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 1/30/17
30 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 1/30/17
32 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 1/30/17
34 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 1/30/17
49 Hampstead Park,Shantallow,Londonderry,Londonderry,BT48 7RX, 1/30/17
5 Grainan Court,Shantallow,Londonderry,Londonderry,BT48 7SD, 1/30/17 8A Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 1/30/17
8B Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 1/30/17
Superfare Building,15 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 1/30/17 7SA,
10 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 3/8/17
10 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 3/8/17 11 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7RZ, 3/8/17 Appendix 8
12 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 3/8/17
12 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 3/8/17 14A Shantallow Avenue,Shantallow,Londonderry,Londonderry,BT48 7UB, 3/8/17
14B Shantallow Avenue,Shantallow,Londonderry,Londonderry,BT48 7UB, 3/8/17
14 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 3/8/17
14 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 3/8/17 16 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 3/8/17
16 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 3/8/17 18 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 3/8/17
18 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 3/8/17 19 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7RZ, 3/8/17 1A Shantallow Avenue,Shantallow,Londonderry,Londonderry,BT48 7UB, 3/8/17
1B Shantallow Avenue,Shantallow,Londonderry,Londonderry,BT48 7UB, 3/8/17
20A Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 3/8/17
20B Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 3/8/17
20 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 3/8/17
22 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 3/8/17
24 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 3/8/17
26 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 3/8/17
26 Greenhaw Road Shantallow Londonderry Londonderry BT48 7SB 3/8/17
28 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 3/8/17
30 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 3/8/17
32 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 3/8/17
34 Danesfort Crescent,Shantallow,Londonderry,Londonderry,BT48 8DG, 3/8/17
49 Hampstead Park,Shantallow,Londonderry,Londonderry,BT48 7RX, 3/8/17
5 Grainan Court,Shantallow,Londonderry,Londonderry,BT48 7SD, 3/8/17 8A Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 3/8/17
8B Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 7SA, 3/8/17
Superfare Building,15 Greenhaw Road,Shantallow,Londonderry,Londonderry,BT48 3/8/17 7SA, Appendix 8
6. Relevant Site History
There have been a number of planning applications in recent years in relation to this shopping complex.
LA11/2015/0509/F Variation of condition 4 of approval ref: A/2010/0238/F to include sale of goods donated by the public. (For use by charity shop operator from unit 2). Permission Approved 16.12.2015
A/2013/0322/F
Change of use from retail unit 5 (old off sales) to a coffee shop Permission Approved 19.11.2013
A/2011/0652/F Change of use from retail unit 1 to a hot food takeaway. (Amendment to previously approved application ref: A/2010/0238/F) Permission Refused 17.12.2013
A/2010/0238/F Refurbishment and extension to existing supermarket with the formation of 5 self contained retail units, new boundary wall and gates to car park Permission Approved 15.11.2010
7. Policy Framework
Derry Area Plan 2011 Strategic Planning Policy Statement for Northern Ireland Planning policy Statement 3 : Access, Movement and Parking Supplementary Planning Guidance – Development Control Advice Note 5 - Taxi Offices
8. Consultation Responses
Transport NI
Initially the applicant was asked to clarify how drop off/collection will occur at the taxi office/waiting area and parking arrangement for waiting taxis. A Transport Assessment Form was also required to be completed.
Transport NI have stated that they have considered the advice within DCAN 5. Car parking facilities for taxi offices operating a radio type of controlled type of service should be to the standard for a small office. The minimum standard is therefore 1 space for 20 m2 for taxi office which is a similar standard to the buildings previous use as on off-licence. The principle of car parking provision within the overall commercial area has generally been established. Transport NI would advise that the parking patterns may vary and the policing of taxis waiting in the vicinity are very difficult to manage. Taxi parking and waiting relies primarily on good management policies of the taxis by the business owner and the drivers themselves. Appendix 8
Transport NI consider the detrimental impact of the taxi business use on the public road network is not considered to be significant over the previous commercial use to sustain a refusal on either parking, traffic progression or road safety grounds. Transport NI therefore are not offering an objection to this proposal and have stated that conditions are not required.
It should be noted that Transport NI have been consulted on all objections and additional information received and have stated that they have acknowledged all the points raised and their opinion remains the same.
Environmental Health
Environmental Health initially stated that no indication of how collection will occur at the taxi office/waiting area and what parking arrangements are in place for waiting taxis to avoid congestion. Concern was expressed that any overspill will lead to increased parking in the surrounding residential area.
In order to protect the residential amenity of occupiers at Danesfort Park and opposite Greenhaw Road at Grianan Court and Hampstead Park closest to the proposal, the following condition has been suggested.
The taxi business premises shall be closed to the public between the hours of 10 pm and 7 am seven days a week.
Reason: To protect residential amenity against the potential impact of noise.
Additional Information Requested for both Consultees
Additional Information submitted by the agent on 22 Sept 2016 included the following;
- Operating Hours – the applicant has confirmed the office will be open to the public 7 days a week from 7 am until 10 pm. The office will be staffed 24 hours a day but no public access will be permitted after 10 pm. - The office will consist of 15 drivers of which 8 will be day drivers and 7 night drivers. - The taxi office will operate as a call centre, operated by 1 dispatcher at daytime. There will be no staff vehicles as dispatchers are collected and returned home by taxi - There will be no visitors or delivery of goods. - The office will not be used as a taxi rank. Taxis will be on the road when the fare is dropped off and will wait around the town until the next fare. - Walk in customers will most likely to be between the hours of 10 am to 6 pm coming from the existing businesses. - There will be no large gathering of drivers or customers at office or carpark drivers will be on fares or placed around the city.
Further additional information received on 12 Jan 2017 included the following;
- The agent has stated that Parts B & C of the Transport Assessment Form are not relevant to the proposal and therefore do not need to be completed. - DOE will issue the operating licence only when planning has been approved. - An amended drawing was submitted so the internal layout of the unit. Appendix 8
- Overspill car parking has not been an issue for this site and was not considered an issue for the previous change of use application for a coffee shop. Furthermore Transport NI have not raised the issue of overspill car parking as an issue.
A number of objectors questioned the agent’s additional information. The agent was asked to respond to specific points and his comments were as follows
- The average number of vehicles has been calculated based on the past use of the unit as an off licence and the applicants proposed business model - The number of employees and customers has been provided based on the applicants proposed business model - The delivery of vehicles to serve the supermarket is not part of this application.
Planning Officials are satisfied all the additional information submitted clarifies details of the proposal for both consultees and neighbours and objector’s.
9. Representations Consideration
A large volume of objections (129 in total) from local residents at Danesfort, Greenhaw Road, Hampstead and Belmont has been submitted in relation to this proposal.
The main causes of concern and reasons for objection are summarised and highlighted below.
- Environmental Impact - Traffic - Character of the neighbourhood - Late Opening - Noise Pollution
- Environmental Impact
This is a quiet and mature residential area with a significant number of elderly residents, a taxi office would have a negative impact on the quiet environment that currently exists and could lead to anti-social behaviour particularly at night time. The proposal will increase the movement of people in the area and lead to a significant increase in night time noise pollution from both increased traffic and added customer activity.
Consideration – The unit which is currently vacant is part of an approved retail complex with a number of units. This is the end unit and is adjacent to and opposite residential areas. This shopping complex has been at this location for a long period and it could not be argued to bring a vacant unit back into use would be to the detriment of the local environment. Issues of traffic related problems and noise pollution have been addressed below.
- Traffic
Taxi offices attract more traffic to the area both during the day and at night. The increased traffic through the surrounding streets leads to increased danger and congestion. There is no indication of how collection will occur and what parking arrangements are in place for waiting taxis. Any overspill will result in an increased level of parking in the residential area immediately adjacent. Appendix 8
There is presently already increased traffic at peak times. A taxi office will further increase the volume of traffic and interfere with the natural flow of traffic. There is also an existing taxi office less than a quarter of a mile from this site (Collon Taxis), so there is no requirements for another in the immediate area.
The objection letters also referred to Greenhaw Road as a very busy thoroughfare and this proposal will only exacerbate the situation. It will create a traffic hazard, with an impact on road safety.
Consideration – In terms of increase in traffic Transport NI have been consulted on all the objectors comments and additional information. They offer no objection to the proposed change of use, in terms of car parking or traffic congestion.
In terms of parking arrangements for waiting taxis the additional information submitted by the agent on 22 Sept 2016, stated that there will be no large gathering of driver’s vehicles or customers outside the office or adjacent car park, as the drivers will be on fares or placed around the city centre.
The issue of the ongoing parking problems at this particular site in relation to service delivery etc is a matter between the residents and the owner of Supervalue. Council cannot consider some of the issues raised in the objectors letters in relation to this specific matter, as this is outside the remit of this planning application and not a matter for the applicant to address.
- Character of the neighbourhood
This is an established and mature neighbourhood. The supermarket has been there a long time however a taxi outlet right of the doorstep will change the character of this area permanently and will have a negative impact on our lives.
Consideration – The Local Planning Authority considers that whilst this is a well established residential area, the site is still within an urban environment where you would expect to find a mix of uses. Greenhaw Road is a busy connecting road network which links the Culmore Road to Shantallow and Pennyburn. There are a number of schools, nursing homes etc in close proximity to this area. A small office which will operate a taxi business is unlikely to cause a detrimental change to the residential character of this area, as it is already a busy area.
- Late opening
The objectors consider late opening of such an establishment, especially with a waiting area at anytime, and especially at the weekends can give rise to noise and misbehaviour.
Consideration – In terms of opening hours and night time nuisance, the agent has stated that this unit will operate as a call centre and not as a taxi rank. Drivers will be dispersed throughout the town and therefore will not be parked up outside the office. It is highly unlikely that given the local residential nature of the area that there will be walk in customers at night. Environmental Health have requested that a condition be placed on any approval that the unit will close to the public from 10 pm every night, seven days a week. The Local Planning Authority are of the opinion that this proposal is not likely to cause a significant increase in the noise resulting from increased traffic movements.
- Noise Pollution
The objectors consider that the levels of noise would be unacceptable in this quiet residential area. Appendix 8
Consideration – Council is aware that the surrounding area is predominantly residential, however this is still regarded as a built up area within the development limits of the city, where a range of uses are considered acceptable. The main cause for concerns relates to traffic and amenity and therefore the main consultees offer expert advice in these two areas. As highlighted above, the Environmental Health Dept have no objections to the proposal, provided the office closes at 10 pm every night, 7 nights a week. This will ensure the amenity of the local reisdents is protected from any night time nuisnance that may occur.
A letter of objection was also forwarded from the Neighbourhood Cityside section of the PSNI. The main concerns raised in their letter referred to;
- The proposal will impact on the local and wider community as the site is surrounded by residential housing. - Noise pollution - Environmental impact – namely litter, anti-social behaviour and criminal damage to property - Increased vehicular traffic on this already busy through fare. - The area is already serviced by 3 local taxi companies, Culmore, Collon and Galliagh Taxis who all have ranks in close proximity to this site.
These points are all similar to the above main reasons for objection by the local residents and have been fully considered above.
10. Planning Assessment and 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.
The site is located within the Development Limits of Derry City as defined by the Derry Area Plan at Greenhaw Shopping Centre which has provided a range of services at this location for a number of years. The proposal has been assessed against the relevant planning policy framework highlighted in paragraph 7 and all other material considerations including Planning History, consultation responses and representations.
Strategic Planning Policy Statement:
Under the SPPS, the guiding principle for planning authorities in determining planning applications is that sustainable development should be permitted having regard to the development plan, and all other material considerations, unless the proposed development will cause demonstrable harm to interests of acknowledged importance. It is deemed that this proposal for a change of use from a small retail unit to a taxi office will not result in demonstrable harm to the residential amenity of surrounding neighbours.
The Greenhaw shopping centre is a long established local shopping centre which has provided a range of services to the local community for a long number of years. It should be noted that a previous off licence which operated from this unit would have generated a large volume of customers, both on foot from the adjacent supermarket and by car up until 10 pm. It would be difficult to argue that a taxi office, which can be conditioned to be closed to the general public by 10 pm would generate more disturbance in terms of foot fall than a busy off licence which has since moved inside the super market. In terms of amenity it is considered that the proposal will not cause demonstrable harm to the surrounding neighbouring residents and therefore is compliant with this aspect of the SPPS. Appendix 8
Derry Area Plan 2011:
Policy BE 1 – Urban Design therefore applies and 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. Development proposals should respect the opportunities and constraints of the specific site and have regard to the potential to create a new sense of place through sensitive design. As the application proposes a change of use on the site to a taxi office and waiting area with no proposed changes to the exterior of the unit therefore the application complies with this policy.
Planning Policy Statement 3 Access, Movement and Parking
This planning policy statement sets out planning policies for vehicular and pedestrian access, transport assessment and the protection of transport routes and parking.
The proposed development meets the policy tests contained within PPS 3. Transport NI have been consulted and notified on all the objection letters received and asked to consider and provide comment on. Transport NI consider the proposal will not impact on traffic movement and road safety and are therefore content with the proposed change of use at this particular location. Council is also mindful that the objectors have raised ongoing issues with regards to parking at this site, including service delivery lorries parking on footpaths and blocking the entrance to driveways and Danesfort Crescent, however this is not an issue for this proposal and not something that can be addressed or changed as part of it.
Supplementary Planning Guidance - Development Control Advice Note 5 – Taxi Offices
This planning guidance states that when considering applications for taxi offices the Planning Authority will consider their proper location, their effect on adjoining property including the effect of noise and disturbance, and also car parking requirements.
Para 9 states that proposals for taxi offices in wholly residential areas are unlikely to be favourably considered by the Planning Authority. This is primarily because of the noise and disturbance which is likely to be incurred by taxi-cabs arriving late at night to collect customers who have called at the offices. It should be noted that taxi services tend to have their peak hours in the evening, from approximately 6.30 pm to 2.00 am.
Para 10 also states that within an area which is predominantly residential but perhaps with some commercial land uses, the Planning Authority will carefully consider the effect of the proposed development on adjoining residential properties. As stated previously the Taxi office is proposed at Greenhaw shopping centre which is a long established local shopping centre providing a range of services with an off licence previously operating from this unit. This in turn would have generated a large volume of customers, both on foot from the adjacent supermarket and by car up until 10 pm. It would be difficult to argue that a taxi office, which can be conditioned to be closed to the general public by 10 pm would generate more disturbance in terms of foot fall than a busy off licence which has since moved inside the super market. In terms of amenity it is considered that the proposal will not cause demonstrable harm to the surrounding neighbouring residents.
11. Conclusion and Recommendation Appendix 8
The key issues when assessing this proposal is the effect the proposal will have on the character of the surrounding residential area and the impact the proposal will have on the living conditions of the surrounding residents.
It is appreciated that this is a sensitive issue for the surrounding residents which resulted in the large volume of objections being received, however this proposal is not contrary to planning policy and for Council to justify and sustain a refusal of this planning application it would have to be demonstrated that this change of use from a retail unit to a taxi office would have a detrimental impact on the amenity of the local residents by reason of noise and nuisance. Given the details provided by the agent that this unit will operate as a dispatch office, with no taxis parking outside and no objections have been provided by either Transport NI in terms of car parking and no objections from Environmental Health in relation to amenity it would be very difficult to justify a refusal of this change of use application on planning grounds.
Having considered all material considerations, including the development plan, relevant planning policies, surrounding planning history, consultation responses and all representations, it is recommended to approve the proposed change of use application.
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. The taxi business premises shall be closed to the public between the hours of 10 pm and 7 am seven days a week.
Reason: To protect residential amenity against the potential impact of noise.