Meeting Pack Derry City and Strabane District Council

Dear Member of Planning Committee

You are hereby summoned to attend the Special Meeting of the Planning Committee to be held remotely, on Wednesday 24 March 2021 at 2.00 pm.

Yours faithfully

John Kelpie Chief Executive

AGENDA

1 Notice and Summons of Meeting

2 Member Attendance and Apologies

3 Statement for Remote Meeting

4 Declarations of Member's Interests

Open for Decision

5 Chairperson's Business

6 Planning Applications List with Recommendation for Decision (Pages 1 - 136)

7 Consultation on Donegal Council Development Plan Variation re. Ten-T Roads Improvement (Pages 137 - 154)

16 March 2021

This page is intentionally left blank Agenda Item 6

Title of Report: Officer Presenting: Planning Case Officers

Item 6: 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:

New Applications:

1. LA11/2018/1199/F

The proposals include the widening of existing path infrastructure at Bay Park, along Culmore Road, Culmore Point and Ardan Road to provide the 3m wide (width may vary) Greenway and the construction of a 3m wide (width may vary as shown on the drawings) shared pedestrian and cyclist Greenway Path along Coney Road, as far as Culmore Country Park to end of scheme; the greenway is a mix of shared use (carriageway/greenway) and new greenway path construction as shown on the drawings. Proposals also include amendments to existing road kerb alignments, new road markings and signage, drainage, and soft landscaping, new path lighting, adjustments to existing road lighting and boundary treatments as shown on drawings.

The greenway commences on Bay Road (north of Bay Road Business Park) and continues along the eastern boundary of Bay Park crosses under Madams Bank Road onto Culmore Road (through Boom Hall) continuing along Culmore Road

Page 1 from No. 47 to No. 128 before branching off onto Springfield Road for approximately 180m then turning right to run along the boundary of Thornhill College (approx. 54m west of Nos. 130 to 136 Culmore Road) and back onto Culmore Road north of No. 136. The route continues along Culmore Road into Culmore Village and turns onto Culmore Point Road. It branches onto Ardan Road terminating at Hollybush Primary School and continues along Coney Road to border crossing at Cannings Lane.

Recommendation: Approve

2. LA11/2020/0689/F

Section 54 application to develop land without complying with condition 2 (seeking amendment of condition) of planning permission A/2011/0197/F at land immediately adjacent to 1 Ballynagard Crescent, Culmore

Recommendation: Approve

3. LA11/2020/0690/F

Section 54 application to develop land without complying with condition 2 (seeking amendment of occupancy condition) of planning permission LA11/2019/0128/F at lands adjacent to and west of 1 Ballynagard Crescent, Culmore

Recommendation: Approve

4. LA11/2020/0688/F

Section 54 application to develop land without complying with condition 11 (seeking amendment of condition) of planning permission A/2011/0197/F at lands immediately adjacent to 1 Ballynagard Crescent, Culmore

Page 2

Recommendation: Approve

5. LA11/2020/0691/F

Section 54 application to develop land without complying with condition 11 (seeking amendment of condition) of planning permission LA11/2019/0128/F at lands adjacent to and west of 1 Ballynagard Crescent, Culmore

Recommendation: Approve

6. LA11/2018/0186/O

Proposed multi-sport indoor/outdoor facility (circa 45,000 sq ft) incorporating wellbeing centre, community/youth facilities, full size indoor 6G pitch, fitness suite, sports hall, conferencing, office accommodation, exhibition and events space (Additional Transport assessment details and access arrangements received). Lands due north of Holy Cross College & due south of Ardnalee Park Strabane

Recommendation: Refuse

7. LA11/2021/0070/A

Retractable Awning with bar name advertised as part of awning. The Castle Inn 48 Main Street, Castlederg.

Recommendation: Approve

4 Financial, Equality, Legal, HR, Improvement, Rural Needs 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

Page 3 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 LA11/2018/1199/F (Appendix 1)

Planning Report LA11/2020/0689/F (Appendix 2)

Planning Report LA11/2020/0690/F (Appendix 3)

Planning Report LA11/2020/0688/F (Appendix 4)

Planning Report LA11/2020/0691/F (Appendix 5)

Planning Report LA11/2018/0186/O (Appendix 6)

Planning ReportLA11/2021/0070/A (Appendix 7)

Page 4 Appendix 1

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 24th March 2021

APPLICATION No: LA11/2018/1199/F

APPLICATION TYPE: Full

PROPOSAL: The proposals include the widening of existing path infrastructure at Bay Park, along Culmore Road, Culmore Point and Ardan Road to provide the 3m wide (width may vary) Greenway and the construction of a 3m wide (width may vary as shown on the drawings) shared pedestrian and cyclist Greenway Path along Coney Road, as far as Culmore Country Park to end of scheme, the greenway is a mix of shared use (carriageway/greenway) and new greenway path construction as shown on the drawings. Proposals also include amendments to existing road kerb alignments, new road markings and signage, drainage, and soft landscaping, new path lighting, adjustments to existing road lighting and boundary treatments as shown on drawings.

LOCATION: The greenway commences on Bay Road (north of Bay Road Business Park) and continues along the eastern boundary of Bay Park crosses under Madams Bank Road onto Culmore Road (through Boom Hall) continuing along Culmore Road from No. 47 to No. 128 before branching off onto Springfield Road for approximately 180m then turning right to run along the boundary of Thornhill college (approx. 54m west of Nos. 130 to 136 Culmore Road) and back onto Culmore Road north of No. 136. The route continues along Culmore Road into Culmore Village and turns onto Culmore Point Road. It branches onto Ardan Road terminating at Hollybush Primary School and continues along Coney Road to border crossing at Cannings Lane.

APPLICANT: Derry City and Strabane District Council

AGENT: McAdam Design

ADVERTISEMENT: 08.01.2019

STATUTORY EXPIRY: 23.01.2019

RECOMMENDATION: Approve

REASON FOR PRESENTATION TO COMMITTEE: Council is the applicant

Page 5 Appendix 1

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 proposed development involves:  the widening of existing path infrastructure at Bay Park, along Culmore Road, Culmore Point Road and Ardan Road to provide the 3m wide Greenway and  the construction of a 3m wide shared pedestrian and cyclist Greenway Path along Coney Road, as far as Culmore Country Park  the route continues along Coney Road to the border with Donegal at the County Stream; there are no proposals under this application to provide a path along this stretch of Coney road.  At the County steam a replacement pedestrian/cycleway bridge is proposed.

The greenway is a mix of shared use (carriageway/greenway) and new greenway path construction. Proposals also include amendments to existing road kerb alignments, new road markings and signage, drainage, and soft landscaping, new path lighting, adjustments to existing road lighting and boundary treatments.

Project rational As set out in the Design and Access Statement This greenway route is part of ‘the proposed North West Greenway Network Scheme’ which ‘consists of three distinct greenway routes’ comprising ‘…..shared pedestrian / cycle paths…. crossing the Northern Ireland / Republic of Ireland boarder’: Route 1 – Derry to Buncrana (currently under consideration) Route 2- Derry to Muff (this application) Route 3 – Strabane to Lifford (approved by the Planning Committee at the meeting held on 08th January 2020).

2. EIA Determination The development has been screened against Schedule 2 10.b Urban Development Projects of the Planning (EIA)(NI) Regulations 2017. It is determined that an EIA is not required.

Page 6 Appendix 1

3. Habitat Regulations Assessment

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).

Having considered the nature, scale, timing, duration and location of the project, it is concluded that provided mitigation measures are a condition of any planning approval, the proposal will not have an adverse effect on the integrity of any European site.

4. Site and Surrounding Area The route of the greenway is indicated in Figure 1.

Figure 1: the greenway route commences in Bay Park and proceeds along Culmore Road, Culmore Point Road, Ardan Road to Hollybush Primary School, Coney Road to the border at Canning’s lane before crossing County Stream into Muff.

The greenway route is located both within the settlement development limits of Derry City and Culmore, and in the open countryside. The greenway is a shared pedestrian and cyclist network which predominantly involves the widening of existing path infrastructure. The greenway route commences on Bay Road (north of Bay Road Business Park) and continues along the eastern boundary of Bay Park

Page 7 Appendix 1

(figures 2a &2b), crosses under Madams Bank Road/Foyle Bridge and passes through Boom Hall (figures 3a, 3b,3c & 3d) onto Culmore Road (figures 4a & 4b ); an existing crossing point is available to cross Culmore Road at this point. The route continues along the western side of Culmore Road (figures 4c-4e, 5a-5e and 6a-6b) before branching off onto Springfield Road (figure 7a) for approximately 180m before turning right onto Thornhill college lands (approx. 54m west of Nos. 130 to 136 Culmore Road); a new path is proposed between Springfield Road and Thornhill College (figure 7b). The path rejoins Culmore Road to the north of No. 136 (figure 7c). The route continues along Culmore Road into Culmore Village figures 8a & 8b and 9a & 9b). It turns onto Culmore Point Road (figures 10a&10b and 11a & 11b) then branches onto Ardan Road (figures 12a &12b) terminating at Hollybush Primary School. It continues along Coney Road (figures 13a-13e) as far as the Culmore Country Park; new path infrastructure will be constructed along this stretch of Coney Road. Thereafter the route continues along the public road to border crossing at Canning’s Lane (figures 14a – 14d) no new path infrastructure is proposed under this application between Culmore Country Park and Canning’s Lane. A replacement pedestrian / cycle way bridge is proposed at Canning’s Lane Figure 14e.

The following maps and photographs show the route in detail. The greenway path is coloured yellow and the landscape buffer is in green.

Figure 2a: the greenway route commences in Bay Park.

Page 8 Appendix 1

Figure 2b: a section of the greenway route through Bay Park. The existing path width through the Bay Park is adequate and does not need to be widened.

Figure 3a: the greenway route passes under Foyle Bridge at Madam’s Bank Road (figure 3b), progresses past Boom Hall (figure 3c) and continues through land’s at Boom Hall (figure 3d) before exiting onto Culmore Road.

Page 9 Appendix 1

Figure 3b: the greenway route crosses under Madams Bank Road

Figure 3c: the greenway route passes Boom Hall (on the right of the photograph)

Page 10 Appendix 1

Figure 3d: the greenway route passes through Boom Hall lands and exits onto Culmore Road. The existing path width through the Boom Hall lands is adequate and does not need to be widened.

Figure 4a: the greenway route exits the Boom Hall lands onto Culmore Road, crosses at the set of traffic lights shown in figure 4b. It progresses along the western side of Culmore Road passing the entrances to Heathfield (figure 4c), Ardcaien, Griffith Park (figure 4d) and Colby Avenue (figure 4e).

Page 11 Appendix 1

Figure 4b: from Boom Hall the greenway route exits onto Culmore Road at this existing crossing point.

Figure 4c: the greenway route runs along Culmore Road; this is the start of the route along Culmore Road at Heathfield.

Page 12 Appendix 1

Figure 4d: greenway route at Griffith Park

Figure 4e: Culmore Road south of Colby Avenue

Page 13 Appendix 1

Figure 5a: the greenway route progresses past Colby Av, Drummond Park (figure 5b), O’Donovan Road (figure 5c), Larcom Drive (figure 5d) and the entrance to See House on Culmore Road (figure 5e).

Figure 5b Drummond Park the greenway path will be located on the grass area on the right side of the photograph. New hedging and trees are proposed between the edge of the greenway path with the Drummond Park road. The existing hedging (shown on the right of the photograph) and the wall further along Drummond Park will be retained.

Page 14 Appendix 1

Figure 5c: the junction of O’Donovan Road with Culmore Road and Larcom Drive (middle left of the photograph). The difference in ground levels between the existing path and adjoining grass embankment is apparent here. Widening of the footway to provide the greenway path requires cutting into the embankment.

Figure 5d: Culmore Road at Larcom Drive looking south (towards Derry City). The difference in ground levels between the existing path and adjoining grass embankment is apparent here. Widening of the footway to provide the greenway path requires cutting into the embankment.

Page 15 Appendix 1

Figure 5d: Culmore Rroad at Larcom Drive looking north (towards of Culmore). The difference in ground levels between the existing path and adjoining grass embankment is apparent here. Widening of the footway to provide the greenway path requires cutting into the embankment.

Figure 5e: entrance to See House, Culmore Road looking north towards Culmore Village

Page 16 Appendix 1

Figure 6a: the greenway route progresses along Culmore Road and going behind the trees shown in figure 6b before returning to the existing footpath. It then progresses onto Springfield Road (figure 6c; no new pathway infrastructure is intended on Springfield Road) before turning onto the Thornhill College lands (figure 6d) and then back onto Culmore Road (figure 6e).

Figure 6b: Culmore Road (looking north towards Derry City). The greenway route will be located to the western side of the existing trees (i.e right hand side of the trees)

Page 17 Appendix 1

Figure 7a: Springfield Road. No new pathway infrastructure is intended on Springfield Road

Page 18 Appendix 1

Figure 7b: location of the greenway route between Springfield Road and Thornhill College (seen in the background).

Figure 7c: Culmore Road (looking towards Culmore village) at the point where the greenway route re-joins the public path. Widening of the existing path infrastructure has been completed here by DfI Roads.

Figure 8a: the route progresses along the public footpath passing Thornhill College (see figure 6e above), Alder Road and Ballynagard Crescent

Page 19 Appendix 1

Figure 8b: Ballynagard Crescent, Culmore Road, Culmore. The existing hedge is retained and the greenway route progress behind this hedge.

Figure 9a: the route progresses past Thornhill Park, the shops at Ballynagard Road, Culmore Square and turns onto Culmore Point Road

Page 20 Appendix 1

Figure 9b: the shops at Ballynagard Road, Culmore. The route is located along the existing footpath which is widened to provide adequate shared space.

Figure 10a: the route progresses along Culmore Point Road

Page 21 Appendix 1

Figure 10b: Culmore Point Road at the junction with Green Wood looking east. Culmore Point Road has been narrowed to provide the greenway path and works have been completed along this section by DfI Roads.

Figure 11a: the route progresses along Culmore Point Road as far as Ardan Road

Page 22 Appendix 1

Figure 11b: Culmore Point Road looking north; the existing footpath on the left-hand side of the road is widened to provide the greenway and the carriageway width has been reduced.

Figure 12a: the route progress along Ardan Road and terminates at Hollybush Primary School

Page 23 Appendix 1

Figure 12b: Ardan Road looking west towards Hollybush Primary School where this section of the greenway terminates. The new section of greenway proposed on Ardan Road is on the right - hand side of the road looking towards Hollybush Primary School. Along Ardan Rd, the greenway is provided in the existing grass verge. The existing carriageway is not narrowed, except for a short 40m section on the approach to the junction with Culmore Pt Rd, where the carriageway is narrowed slightly to provide a junction in accordance with the design standards.

Figure 13a: Coney Road; new path infrastructure will be constructed on the left side of the road as far as Culmore Country Park.

Page 24 Appendix 1

Figure 13b: Coney Road (at Grant’s Bacon factory) looking north towards Culmore Country Park. New path infrastructure will be constructed in the existing grass verge on the left side of the road travelling towards and as far as Culmore Country Park, there will no carriageway narrowing at this section.

Figure 13c: Coney Road continuing north towards Culmore Country Park; New path infrastructure will be constructed on the left side of the road as far as Culmore Country Park.

Page 25 Appendix 1

Figure 13d: Coney Road. The new path infrastructure proposed under this application, terminates at Culmore Country Park.

Figure 13e: Coney Road at the entrance to Culmore Country Park (to the right of the photograph).

Page 26 Appendix 1

Figure 14a: The greenway route continues along Coney Road to the border, however the greenway infrastructure ends at this point and the route continues along the existing public road; the council greenway team advise that ‘It has been agreed with DfI that this phase of the greenway will be developed separately as it will require innovative thinking and a number of approvals from various sections within DfI which may take a considerable amount of time. Therefore, due to the funding timescales for the project it was agreed to safeguard the majority of the route and develop this section later. The proposals here when developed fully will potentially include localised widening of the carriageway and pull in areas’.

Figure 14b: Coney Road north of the section shown in figure 13e is bounded on each side by existing dwellings.

Page 27 Appendix 1

Figure 14c: the existing border crossing point at Canning’s Lane; access is currently restricted by the placement of concrete bollards.

Figure 14d: the existing bridge over County Stream at Canning’s Lane. This is to be replace with the bridge shown below in figure 14e.

Page 28 Appendix 1

Figure 14e: the proposed replacement bridge over County Stream at Canning’s Lane.

5. Site Constraints Archaeology Listed buildings

6. Neighbour Notification All neighbours notified are available to view on the planning portal.

7. Relevant Site History LA11/2018/0172/PAN 7.5km linear 3M wide shared pedestrian / cycle greenway with buffer strip, associated lighting, safety features, bins, signage from Bay Road to Culmore Roundabout via Bay Road Park, and A2 Culmore Road from Culmore Roundabout to NI/ROI border.

8. Policy Framework Derry Area Plan 2011 SPPS PPS2 Natural Heritage PPS3 Access Movement and Parking PPS6 Archaeology and Planning PPS8 Open Space, Sport and Outdoor Recreation PPS15 Planning and Flood Risk PPS21 Sustainable Development in the Countryside

Page 29 Appendix 1

Guidance: Living Places: An Urban Stewardship and Design Guide for (NI)

9. Consultee Responses  DfI Roads- no objection subject to conditions

 Historic Environment Division o Historic Buildings – no objection o Historic Monuments – no objection

 NIEA o Marine – no objection. o NED – no objection subject to conditions. o IPRI –recommended consultation with Health and Safety Executive NI (HSENI). HSENI was consulted and has no objection. o WMU – no objection subject to conditions  Environmental Health – no objection subject to conditions  Shared Environmental Services: no objection subject to condition  Rivers Agency – no objection  Loughs agency – no objection  NI Water – no objection as there is no requirement for connection to a public water supply or foul sewer and a surface water sewer is available.  HSENI – No objection  Donegal County Council – advises it is ‘actively involved in this formal cross border initiative with DCSDC and is pursuing an extension to the proposed greenway beyond Muff. The planning authority is fully supportive of and welcomes the proposed development and considers it will compliment the Council’s own development of greenways within Inishowen and wider areas of both Council areas’.

10. Representations Representations have been received from 27 residents. Full details of the objections received are available to view on the Planning Portal. Below is a summary of the concerns raised:  A resident at Drummond Park queried why plans indicated two 20m gaps in the proposed hedging along this stretch of the route

Page 30 Appendix 1

Figure 15a: Drummond Park – the greenway path will be located along the grass area on the right side of the photograph. New hedging and trees are proposed along the edge of the greenway path. The existing hedging and wall further along Drummond Park will be retained.

Plans were amended and now show a continuous new indigenous hedge along the Drummond Park section of the route (figure 15b) and the resident withdrew his objection.

Figure 15b: landscaping plan at Drummond Park

 Concern that removal of existing vegetation which separates 102 – 108 Culmore Road from the public road will impact privacy and safety. Residents query why, as at Drummond Park, the hedgerow and trees cannot remain and why the planned path does not have a fence or hedge to

Page 31 Appendix 1 separate it from the dwellings at 102-106 Culmore Road. They further advise that this vegetation: o was paid for and has been maintained by them for 25 years o provides habitat for wildlife and o reduces noise pollution

Figure 16a: provision of the greenway at this location (102 to 108 Culmore Road) will require the removal of the fence and trees/hedging indicated along the red line on the photo (this annotation is provided by officers for clarity). This photograph should be read along with that in figure 4d which shows the maturity of the hedging and trees currently. The above image is included only to provide clarity and context regarding the position of dwellings in relation to the hedging referenced by the residents and Culmore Road.

Provision of the greenway at this location (102 to 108 Culmore Road) will require the removal of the fence and trees/hedging indicated along the red line in figure 16a. Plans indicate that greenway path will be located alongside the roadway which accesses the dwellings at 102 to 106 Culmore Road and that new planting will be provided along Culmore Road; see section highlighted in figure 16b below by officers.

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Figure 16b: properties 102-108 Culmore Road are highlighted within the red box. At this location the greenway path (indicated by the yellow line) will run alongside the existing road which accesses nos 102-106. This requires the removal of the existing hedge shown in figure 16a. new planting will be provided between the greenway path and Culmore Road.

The applicant advises that ’unfortunately we cannot commit to providing a landscaping / fencing boundary at this location at present, due to the site levels in this area’.

Regarding wildlife habitat provided by the hedging – NIEA Natural Heritage Division note that where it is necessary to remove existing trees and hedges along the route, this will take place outside the bird breeding season and are therefore satisfied that the impact will be minimal.

Reduction in noise pollution – new hedging and trees will be provided along this section of the greenway route. The applicant advises that 5 trees and hedge will be removed and replaced with 8 trees and hedging.

Regarding impact on privacy and safety - whilst the provision of the greenway path will bring pedestrians and cyclists closer to Nos. 102 – 108 Culmore Road, they remain separated from the proposed greenway path by the public road which accesses these dwellings. Officers consider that privacy and safety will not be unduly impacted.

Residents further query why the standard of tree to be replanted in this location has changed from 9 heavy standard as indicated in initial plans to 9 standard trees in the latest plans. The applicant has advised that in consultation with DfI Roads, the standard of tree had to be amended to ensure visibility at the junction of Colby Avenue onto Culmore Road was not negatively impacted.

Page 33 Appendix 1

 Concern re: narrowing of the road opposite the entrance to Brook Hall Estate which is used by farm vehicles, Foyle Search and Rescue and the Northern Ireland Fire Service in association with Foyle Search and Rescue operations. Narrowing the road, combined with restricted clearance between the existing gates, may hamper access by large farm vehicles, for access and egress of trailers towing boats used by Foyle Search and Rescue and fire engines and cause road safety issues.

Figure17a: the existing footway/carriageway provision on Culmore Road opposite the entrance to Brook Hall Estate.

Figure 17b: shows that it is proposed to widen the footpath (shown in figure 17a above) from 1.7m to 3m and consequently narrow the carriageway from 8m to 6.7m.

Page 34 Appendix 1

In response to these concerns, the applicant advises that ‘A topographic survey has been carried out …We are not reducing the clearance between the gates…auto tracking drawings …. show successful turning manoeuvres in both the existing and proposed arrangements (for) Fire Engine, Car/ boat trailer and Tractor & Trailer. We have also provided auto tracking drawings for a Rigid Vehicle & Articulated Vehicle. Auto tracking shows that these vehicles cannot successfully make the turn in the existing arrangement. It also shows that those vehicles do not make the turn in the proposed arrangement.

The auto tracking carried out shows that the greenway proposals do not make the current turning situation any worse and the auto tracked vehicles which make the turn in the existing arrangement will do so in the proposed arrangement. Regarding Roads safety the applicant advises that a Road Safety Audit has been carried out and it did not identify an issue at this location.

 Springfield Road section of the greenway route: figure 18a shows the route the greenway takes at this point.

Thornhill College

Figure 18a: the greenway route between Springfield Road and Thornhill College

 In respect of this particular section of the greenway route, objectors find no rational for the ‘deviation off the main road’. The principle concerns regarding this link are: o No lighting or footpath on Springfield road: The Springfield road is narrow and used by large tractors and would be dangerous for cyclists and pedestrians o A dwelling at the junction of Springfield Road with Culmore Road impacts visibility causing a road safety issue (figure 18b)

Page 35 Appendix 1

o Objectors consider that users of the route will not follow the route along Springfield Road and will instead continue along Culmore Road o Objectors suggest that the carriage way on Culmore Road could be narrowed and the footpath widened to 2m o Query regarding whether a Habitat Regulations Assessment (HRA) was carried out

These point will be addressed in turn below:  Lighting is proposed as part of this application along the new section of greenway linking Springfield road with Thornhill College.  The applicant has advised that A Road Safety Audit (RSA) ‘has been completed which has raised some issues at the approach and along Springfield Road. The RSA identifies that a lack of lighting and the narrow alignment on Springfield Road and inadequate visibility at its junction with Culmore Road mean cyclists are likely to continue along Culmore Road. In respect of these matters, the applicant advises the RSA has been signed off by DfI Roads’.

Figure 18b: Springfield road approaching the junction with Culmore Road.  Regarding the suggestion by the objectors that the carriage way on Culmore Road could be narrowed and the footpath widened, the applicant advises that this solution would have the following impacts: . Result in demolishing a house and acquiring private garden frontage . Impact on the Sister of Mercy Convent- which would have an impact on a scheduled site which HED would have concerns with . Impact on road safety which DfI Roads would have concern with

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The applicant in consultation with DfI Roads has advised objectors that, if widened to 2m ‘the actual usable width (of the path) would be much less (due to) existing boundary walls and lampposts (figure 18c). This could create its own safety concerns when two users are passing as it may encourage (users onto) Culmore Road’.

In respect of alternative solutions put forward by the objectors, officers must consider the proposed development as submitted and take the advice of DfI Roads in respect of the acceptability of the proposed route.

o The applicant advises that that the preference is for an offline section through the existing sisters of Mercy lands but this requires the acquisition of 3rd party lands which Council is unable to commit to at present. In the interim the applicant considers that the current proposals provide a satisfactory interim solution to a short section of route. o Regarding the HRA, this was carried out and assessed by SES. SES advise that the proposal will not have an adverse effect on the integrity of any European site.

Figure 18c: Culmore Road at the junction with Springfield Road looking towards Culmore

Page 37 Appendix 1

Figure 18d: the dwelling in the background, face onto Culmore Road. The field in between separates the curtilages of the dwellings from the greenway route as it passes through the grounds of Thornhill College.

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Figure 18e: location of the greenway route between Springfield Road and Thornhill College in the (seen in the background).

In their response dated 05.03.2021 DfI Roads Traffic Section advise that they ‘have reviewed the representations and confirm agreement that the Applicant’s responses have sufficiently addressed the representations. It is not considered that further amendments to the drawings are necessary’.

Page 39 Appendix 1

 Query regarding impact if any on the layby outside dwellings at 160a Culmore Road The applicant advises ‘The existing parking lay-by is proposed to be retained and not affected by the Greenway proposals’.

 Queries regarding land take to facilitate the greenway and associated loss of vegetation / walls in private gardens or on public land but located between the public road and private dwellings.

Letters addressing these concerns issued to each individual neighbour by planning officers. In summary no boundary walls, trees or hedges on private land are required to be removed to facilitate the greenway; some trimming back of branches overhanging the new greenway may be required.

 Provision of the greenway route will result in conflict between pedestrians and cyclists and bring disruption during construction: The applicant advises ‘A shared pedestrian and cyclist facility has been proposed in line with current design standards and best practise guidance. The Greenway proposals have been developed following route assessment and public consultation process. Disruption from construction works of this nature is unavoidable, however working with the appointed contractor we will strive to minimise disruption as far as possible through the implementation of traffic management and the construction phase plan for these works.

 Impact on property value

Section 2.3 of the SPPS states that ‘the planning system….does not operate to protect the private interests of one person against the activities of another…The basic question is not whether owners and occupiers of neighbouring properties would experience financial or other loss from a particular development but whether the proposal would unacceptably affect amenities and the existing use of land…that ought to be protected in the public interest.’

 Concern by NIWater regarding impact on access to Culmore Wastewater Treatment works The applicant advises ‘We have reviewed the Greenway proposals and existing layout in this area using Autotrack software in relation to access for these vehicles. This shows that that these vehicles can access and exit’.

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 Query regarding what landscaping is proposed between 50 Coney Road and Canning’s lane The applicant advises ‘The Greenway proposals from 50 Coney Road to 71 Coney road is for a shared road with no new landscaping proposed in this area, existing planting and hedges to be retained.  Concern raised re: implications for No. 24 Coney Road Initial plans indicated the demolition of buildings at No.24 Coney Road. However, it is not the intention to demolish these buildings and plans have been amended to reflect this. The Solicitor acting on behalf of the concerned party has been advised.

Figure 19: No. 24 Coney Road on the left side of the photograph

 Concern raised by a resident of Culmore Point Road that the level of the greenway path just after the junction with Mount Vernon is excessively high which has impacted on their privacy.

The pathway along Culmore Point Road just after the junction with Mount Vernon is shown in figure 20. At this location there is an existing public footpath. Officers consider that the height of the path is not so excessive as to detrimentally impact privacy at the front of the dwelling.

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Figure 20: The pathway along Culmore Point Road just after the junction with Mount Vernon

11. Planning Assessment & 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 (LDP), unless material considerations indicate otherwise. The Derry Area Plan 2011 operates as the LDP for this area. The route is located both within the settlement development limits of Derry City and Culmore and in the open countryside.

DAP Policies Recreation and Open Space  Proposal R1 Recreation and Open Space Provision – states that a central theme of the City council’s strategy is to provide a series of linkages enabling easy pedestrian and a cycle movement between major recreational facilities  Policy R2 Recreational use of the River Foyle

Built Environment  Policy BE2 Listed Buildings  Policy BE7 Archaeological Sites and Monuments and Historic Landscape  Policy BE8 Monuments in state care

Regional Planning Policy Current regional policy for consideration of this type of development within settlements is provided by Planning Policy Statements 2: Natural Heritage, PPS3: Access, Movement and Parking, PPS6: Planning, Archaeology and the Built Heritage, PPS8: Open Space, Sport and

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Outdoor Recreation and PPS15: Planning and Flood Risk. For development proposal in the countryside, in addition to the policies identified above, current regional policy is provided by Planning Policy Statement 21: Sustainable Development in the Countryside (PPS21).

These policies are identified in the Strategic Planning Policy Statement (SPPS) as retained policy documents. The SPPS is also a material consideration. It 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.

The SPPS states that where there is any conflict between the SPPS and the retained policies or any policy clarification provided in the SPPS that would conflict with the retained policies, the SPPS should be accorded greater weight in the assessment of individual planning applications. There is no conflict between the SPPS and the retained policy documents mentioned above.

SPPS The SPPS supports positive place-making, facilitating quality open space, the provision of green infrastructure and health and well-being. Considerations relevant to this proposal include:  section 2.3 amenity  Sections 4.4, 4.5: Improving Health and well-being,  Section 4.11 – 4.12 Safeguarding Residential and Work environs  sections 4.14 - 4.15: Creating and Enhancing Shared Space,  sections 4.24: Supporting Good Design  section 4.32: Positive Place Making,  Archaeology and Built Heritage  Flood Risk  Natural Heritage  Open Space, Sport and Outdoor Recreation  Transportation

It is considered that the provision of a dedicated pedestrian / cycle route which aims to connect to a wider network of greenways, meets the objective of the SPPS in respect of Improving Health and Well-Being, Creating and Enhancing Shared Space, Supporting Good Design and Positive Place Making.

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In respect of residential amenity and safeguarding residential and work environs consideration is given to: Impact of lighting proposals on residential amenity Existing road lighting is retained along: Culmore Road between Heathfield, Larcom Drive Within Culmore Village along Culmore Road, Culmore Point Roads and Ardan Road

Additional lighting is proposed at Griffith Park New lighting is proposed on Culmore Road:  between No.116 and 120  along the new section of greenway linking Springfield road to Thornhill College and back onto Culmore Road  Along the frontage of Thornhill College

No lighting is proposed along Springfield Road or Coney road

In is considered that no residential amenity impacts arise in the urban area as street lighting is already provided. EHD has advised that lighting associated with the development should be optically controlled to minimise glare and light spill to prevent impact on residential amenity. The impact on residential amenity is considered minimal.

PPS 2 Natural Heritage Policy NH 1 - European and Ramsar Sites - International Planning permission will only be granted for a development proposal that, either individually or in combination with existing and/or proposed plans or projects, is not likely to have a significant effect on:  a European Site (Special Protection Area, proposed Special Protection Area, Special Areas of Conservation, candidate Special Areas of Conservation and Sites of Community Importance); or  a listed or proposed Ramsar Site

Policy NH 2 - Species Protected by Law European Protected Species

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Planning permission will only be granted for a development proposal that is not likely to harm a European protected species.

National Protected Species Planning permission will only be granted for a development proposal that is not likely to harm any other statutorily protected species and which can be adequately mitigated or compensated against.

Policy NH 3 - Sites of Nature Conservation Importance - National Planning permission will only be granted for a development proposal that is not likely to have an adverse effect on the integrity, including the value of the site to the habitat network, or special interest of (among others):  an Area of Special Scientific Interest;

Policy NH 5 - Habitats, Species or Features of Natural Heritage Importance Planning permission will only be granted for a development proposal which is not likely to result in the unacceptable adverse impact on, or damage to known:  priority habitats;  priority species;  other natural heritage features worthy of protection.

Natural Heritage Interests The impacts of the proposal on designated sites and other natural heritage interests have been considered. Natural Environment Division was consulted for comment.

The site is in close proximity to and hydrologically connected to Lough Foyle ASSI, SPA RAMSAR (the designated sites) which are of international and national importance. Potential impacts are identified as degradation of adjacent aquatic environment from contaminated runoff during construction and the operational works. The environmental report highlights that the proposed development is largely located within the existing public road network. Where land take is necessary where the greenway corridor will be set back from the road, it will be along the boundary of existing agricultural fields and is not considered a significant adverse impact on natural heritage interests.

NIEA NED advise that the replacement of the bridge at County Stream could potentially

Page 45 Appendix 1 cause pollution as the stream discharges directly into the Lough Foyle. However, input of clean sediment over the mudflats is not likely to be harmful as mudflats are dependent on sediment to maintain their status. Accidental spillages of hydrocarbons however do pose a potential threat. Submission of a final CEMP prior to commencement of works on site will ensure that construction of the bridge will be in compliance with a method statement incorporating best practice to avoid ingress of pollutants and to minimise ingress of soil.

No parts of the SPA are included in the land take and the proposed route does not cross any open habitat that could be important to feature species for roosting/loafing or feeding when Lough Foyle mudflats are covered. It is noted that structural vegetation anywhere along the route could host bird nests however clearance works will be undertaken outside the breeding season; where tree / hedge planting conflicts with road safety by impacting visibility splays these will be removed and compensatory replanting will be undertaken.

The preliminary ecological assessment (PEA) indicated an impact on newts and a loss of reed bed habitat at Coney Road as the route encroached into this habitat. The PEA was amended to reflect the fact that it is no longer intended to provide new greenway infrastructure along Coney Road between Culmore Country Park and the County Stream, therefore no loss of reed bed will now occur and no compensatory reed bed will be required under this project.

Lighting is proposed along parts of the route, predominantly within the urban parts of the route; new lighting is proposed along the new section of greenway to be provided linking Springfield road to Thornhill. As lighting can adversely impact bats and otters as these are nocturnal species, a condition specifying agreement of appropriate lighting is required.

To ensure badgers are not adversely impacted during the construction phase trenches and pipes must have a means of escape. Conditions requiring implementation of these measures are suggested.

Invasive species are identified along the greenway route. An invasive species management plan has been prepared and implementation of the mitigation measures proposed will be a condition of any approval.

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To protect natural heritage interests, to ensure implementation of mitigation measures identified within the Environmental Report and to prevent likely significant effects on the River Foyle designation a final Construction and Environmental Management Plan (CEMP) will be required prior to works commencing on site. The CEMP shall include the following: a) pollution prevention, mitigation and avoidance measures b) Pollution Prevention Plan; c) Construction methodology (for the route and bridge) and timings of works;

Marine protected species Marine and fisheries division has considered the impacts of the proposal and is content that the overall population status of marine animals will not be significantly impacted by this proposal.

Shared Environmental Services was consulted and advise that having considered the nature, scale, timing, duration and location of the project it is concluded that, provided the requirement for final construction environmental management plan (CEMP) is conditioned in any planning approval, the proposal will not have an adverse effect on site integrity of any European site (i.e. Lough Foyle SAC Ramsar or River Foyle & tributaries SAC).

The proposal is considered to comply with policies NH1, NH2, NH3 and NH5 of PPS2.

PPS 3: Access, Movement and Parking Policy AMP 1 Creating an Accessible Environment The aim is to create a more accessible environment for everyone. Accordingly, developers should take account of the specific needs of people with disabilities and others whose mobility is impaired in the design of new development.

AMP2 – Access to the public Road should not prejudice road safety or significantly inconvenience the flow of traffic.

Policy AMP8 Cycle Provision

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Planning permission will only be granted for development providing (among other things) leisure uses where the needs of cyclists is taken into account. Where appropriate provision of the following may be required: (a) safe and convenient cycle access (b) safe, convenient and secure cycle parking (c) safe and convenient cycle links to existing or programmed cycle networks where they adjoin the development site

Road Safety Considerations In respect of the technical detail regarding location of the greenway adjacent to public roads and crossing points, DfI Roads was consulted for comment. Following a meeting with DfI Roads, Planning Officers and the applicant, held on 15.04.2019 to discuss the proposal, amended plans were submitted which demonstrated that a safe shared greenway could be achieved.

The route of the greenway runs alongside existing public road for the majority of the route. The route has been subject of a Road Safety Audit prepared by the applicant and assessed by DfI Roads. The proposal is acceptable to DfI Roads and subject to a Private Streets Determination.

Objections on the grounds of road safety have been received as set out in section 10 above. The objections were addressed by the applicant and reviewed by DfI Roads Traffic Section. DfI Roads Traffic Section confirm agreement that the Applicant’s responses have sufficiently addressed the representations. It is not considered that further amendments to the drawings are necessary.

Officers are therefore satisfied that the proposal satisfies the requirements of policies AMP1, AMP2 and AMP8 in respect of road safety issues.

PPS 6: Planning, Archaeology and the Built Heritage Policy BH 1 ‘The Preservation of Archaeological Remains of Regional Importance and their Settings’ states that the Planning Authority will operate a presumption in favour of the physical preservation in situ of archaeological remains of regional importance and their settings. These comprise monuments in State Care, scheduled monuments and other

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important sites and monuments which would merit scheduling. Development which would adversely affect such sites of regional importance or the integrity of their settings will not be permitted unless there are exceptional circumstances.

Listed buildings and scheduled monuments

The application for a shared pedestrian and cyclist Greenway Path is in proximity to:  Stables at Boomhall – Grade B2  Gate Screen – Brookhall – Grade B2  Convent of Mercy – Thornhill – Grade B1  Gate Lodge - Convent of Mercy- Thornhill – Grade B1  South Gate Lodge, Ballynagard House – Grade B2

These listed buildings are of special architectural and historic interest, protected under Section 80 of the Planning Act (NI) 2011.

Historic Environment Division (Historic Buildings) has considered the impacts of the proposal on the listed buildings and on the basis of the information provided is content with the proposal under the policy requirements of paragraphs 6.12 of the Strategic Planning Policy Statement for Northern Ireland (SPPS) and BH11 (Development affecting the Setting of a Listed Building) of Planning Policy Statement 6: Planning, Archaeology and the Built Heritage’. The proposal complies with the SPPS and PPS6 in respect of impact on the setting of listed buildings.

HED Historic Monuments The greenway route runs along the road directly adjacent to the Thornhill Neolithic settlement. This is a monument of regional importance scheduled for protection under the Historic Monuments and Archaeological Objects (NI) Order 1995. Policy BH1 of PPS6 applies. HED has assessed the information submitted with the application and note there will be no invasive ground works within the scheduled area around Thornhill.

The proposal complies with the SPPS and PPS6 in respect of archaeology.

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PPS 15 Planning and Flood Risk Policy FLD 1 Development in Fluvial (River) and Coastal Flood Plains states that development will not be permitted within the 1 in 100 year fluvial flood plain (AEP7 of 1%) or the 1 in 200 year coastal flood plain (AEP of O.5%) unless the applicant can demonstrate that the proposal constitutes an exception to the policy.

Policy FLD3 Development and surface Water (Pluvial) Flood Risk outside Flood Plains states that a drainage assessment is required (among other criteria) where a development is in excess of 1Ha.

Policy FLD4 Artificial Modification of a Watercourse, is only permitted in the following exceptional circumstances to allow access to a development or for engineering reasons and there are no other practicable alternatives.

Flood Risk The Flood Hazard Map (NI) indicates that the site lies partly within fluvial and coastal flood plain. Policy FLD1 of PPS15 states that in such cases ‘development will not be permitted ….unless the applicant can demonstrate that the proposal constitutes an exception to the policy’. Policy FLD1 sets out the exceptions. Criterion f of Policy FLD1 provides an exception where the development proposed is (amongst other things) for ‘The use of land for sport and outdoor recreation…’. Officers are satisfied that the proposal meets this exception. Accordingly, a flood risk assessment (FRA) was submitted by the applicant and considered by DfI Rivers. DfI Rivers advises that ‘The applicant is implementing sufficient mitigation measures to ensure floodrisk to the proposed greenway and elsewhere will be adequately managed’.

A Flood Evacuation Plan is included with the FRA. The measures are proposed:  Closure of susceptible sections of the greenway during extreme storm events  An emergency diversion plan  Flood and footway closed signage  Provision of alternative routes for pedestrians

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 Monitoring of met office weather warnings to ensure the above mitigation works can be carried out in advance of flood warnings It is also advised that ‘RfI Roads will adopt the sections of the greenway that are located adjacent to the road carriageways under a maintenance agreement and already monitor Met Office weather warnings for similar greenway projects. Councl will be responsible for the portion of the site adjacent to Thornhill College and beneath Foyle Bridge’.

Officers consider that as the route will be under the control of DfI Roads and Council, both competent authorities, the emergency evacuation proposals are considered reasonable.

Officers consider that the proposal complies with policy FLD1.

FLD2 protection of flood defence and drainage infrastructure DfI rivers requires a 5m maintenance strip to allow access of a watercourse located along Coney Road. A buffer strip is shown on plans and is considered acceptable.

Officers consider that the proposal complies with policy FLD2.

Policy FLD3 Development and Surface Water Flood Risk Outside Flood Plains In accordance with this policy a Drainage Assessment (DA) was submitted and considered by DfI Rivers. DfI Rivers advises that it accepts the findings of the DA. Officers consider that the proposal complies with policy FLD3.

Policy FLD4 Artificial Modification of a Watercourse Council will only permit artificial modification of a watercourse, including culverting, in two exceptional circumstances. One of these is where it can be demonstrated that a specific length of watercourse needs to be culverted for engineering reasons and that there are no reasonable alternative courses of action.

It is proposed to replace a section of existing culvert along Coney Road. The applicant has explained that replacement of the section the pipe running under Coney Road is necessary as it is in poor condition, the pipe diameter will not change and there will be no additional discharge to it. Officers consider this acceptable.

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However, it is also the intention to extend the culvert by 5m (Figure 21). Such works must be considered against policy FLD4.

Figure 21: existing culvert under Coney Road to be replaced as it is in poor condition. A new 5m section of pipe is required under the greenway path.

The agent advises that the extension of the culvert is for engineering reasons: ‘The greenway is proposed to be constructed on the grass verge at Coney Rd. The culvert currently discharges to the sheugh within approx 1m / 2m of the road edge. Therefore, we are required to extend the culvert under the proposed greenway path and discharge it to the sheugh at the edge of the greenway. The alignment of the culvert will not change – we are simply extending it on the same line and gradient.’

The short 5m extension of the culvert is considered acceptable for engineering reasons. Officers consider that the proposal complies with policy FLD4.

PPS21 Development in the Countryside Policy CTY 1 of PPS21 lists the range of types of development which in principle are considered acceptable in the countryside and that will contribute to the aims of sustainable development. Outdoor sport and recreation is one type of development which is considered acceptable provided the proposal accords with the requirements of PPS8.

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PPS 8 Open Space, Sport and Outdoor Recreation This Policy document embodies the Government's commitment to sustainable development, to the promotion of a more active and healthy lifestyle and to the conservation of biodiversity. For the purposes of this Planning Policy Statement, open space is taken to mean all open space of public value and includes green corridors – including river and canal banks, amenity footpaths and cycleways.

Outdoor recreation in the Countryside Sections of the greenway route at Springfield road, Culmore Road (between Derry City and Culmore village) and Coney Road, are located in the countryside. PPS21 therefore applies. PPS21 Policy CTY1 Development in the Countryside, sets out the range of types of development which are acceptable in the countryside. Outdoor sport and recreational uses will be acceptable where they accord with the requirements of PPS8. Annex A of PPS8 provides a definition of open space. Green corridors including amenity footpaths and cycle ways meet the definition of open space. Policy OS3 Outdoor recreation in the countryside therefore applies. It is considered that the requirements of policy OS3 and SPPS Outdoor Space, Sport and Recreation do not conflict with each other. Council will permit development proposals for outdoor recreational use where all the following criteria are met: (i) nature conservation, archaeology and built heritage as discussed in detail below, there is no adverse impact on natural or man-made heritage.

(ii) Impact on agricultural land 3m wide sections of agricultural land are required for the greenway at Culmore Road between No. 116 and 120 and on Coney road between Nos. 24 (currently vacant) and the Culmore Country Park. The loss of these short sections of agricultural land for provision of the greenway is, on balance, considered acceptable.

(iii) Impact on visual amenity Given the nature of the development which predominantly involves the widening of existing pathway infrastructure, it is not considered that this development result in an adverse impact on visual amenity or character of the local landscape.

(iv) Residential amenity

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Lighting – existing street lighting is available along the sections of the route in the urban areas. New lighting is proposed along some rural sections of the route. EHD has advised that lighting associated with the development should be optically controlled to minimise glare and light spill to prevent impact on residential amenity.

Some members of the public raised concern regarding provision of lighting along Coney Road and advised it was not something they wanted. Lighting plans show that no lighting is proposed along Coney Road. Noise / disturbance – the route predominantly runs along the existing public road and footpaths. Whilst provision of the route may encourage more pedestrians and cyclists it is not anticipated that residential amenity will be unacceptably impacted as a result. (v) Public safety. A Road Safety Audit has been carried out and signed off by DfI Roads. Compatibility with other countryside uses Given the route lies predominantly alongside public road network and is used by pedestrians and cyclists, the greenway is not considered to be incompatible with other countryside uses. A new section of greenway route is proposed along Coney Road. This road is already used by those walking/cycling to use Culmore Country Park. The greenway route will provide a dedicated space for pedestrians and cyclists. (vi) No ancillary buildings are proposed. Regarding ancillary structures: a. New signage is proposed along sections of the route to indicate that it is a shared pedestrian and cycle route and also to indicate where cyclists should dismount. b. Lighting is discussed above (vii) Needs of people with disabilities: to avoid conflict users of the greenway including visually impaired persons, tactile paving and colour contrast, signage and road markings are proposed. (viii) No additional vehicular traffic is generated by this proposal.

On balance the proposal is in accordance with policy OS3 of PPS8.

Conclusion and Recommendation The proposal has been considered in respect of the requirements of the Area Plan (DAP 2011), SPPS, PPS 2, 3, 6, 8 and 15, consultation responses and objectors concerns. Officers consider that Infrastructure works are provided in accordance with PPS 3; protection of natural habitats is achieved in accordance with PPS 2; impact on listed buildings and archaeology has been assessed in accordance with PPS6 and found acceptable; potential

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flood risk has been assessed in line with PPS15. Accordingly, the development is also considered to comply with the SPPS for NI. Therefore, approval is recommended subject to the following conditions.

14. 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. No development activity, shall take place until the appointed contractor submits a final Construction and Environmental Management Plan (CEMP) for agreement and approval by the Planning Authority. The approved CEMP must include all the mitigation recommended in the outline CEMP detailed within the WM Associates HRA screening assessment dated 01/12/2018.

Reason: To ensure that the appointed contractor undertaking the work is fully appraised of all the risks associated with the proposal and to provide effective mitigation ensuring there are no adverse impacts on the integrity of Lough Foyle SPA/Ramsar and River Foyle and Tributaries SAC.

3. The mitigation measures proposed within the Outline Construction Environmental Management Plan (Tobin Consulting Engineers, October 2020) must be implemented in full.

Reason: No ensure no likely significant impacts from the development on any designated sites and water environment.

4. The control measures proposed in the approved Invasive Species Management Plan (WM Associates, 30th April 2019) must be implemented in full.

Reason: To prevent the spread of an invasive plant species listed on Schedule 9 of the Wildlife (Northern Ireland) Order 1985 (as amended) and to minimise the impact of the proposal on the biodiversity of the site.

5. The following construction wildlife safeguard measures must be implemented in full:- - Any trenches or deep pits created within the development site that are left open overnight must have a means of escape should a Badger enter. This could be through the use of rough wooden planks placed within them overnight or outside construction periods. All trenches/deep pits must be inspected each morning to ensure that Badgers (or other wildlife) have not become trapped.

- Any pipes over 200mm in diameter should be capped off at night to prevent Badgers and other animals from entering them and becoming trapped.

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Reason: To protect Badgers and other wildlife.

6. Prior to the commencement of works on site a final landscape management and maintenance plan shall be submitted to Council for written agreement and works shall be undertaken in accordance with the agreed plan. The landscape plan shall indicate the exact positions of trees to be retained and removed and positions and species of all new planting.

Reason: in the interest of visual amenity and biodiversity and road safety.

7. No retained tree shall be cut down, uprooted or destroyed or have its roots damaged within the root protection area nor shall arboriculture work or tree surgery take place on any retained tree other than in accordance with the approved plans and particulars, without the written consent of the Council.

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

8. 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.

9. No removal of hedgerows, trees or shrubs shall take place between 1 March and 31 August inclusive, unless a competent ecologist has undertaken a detailed check for active bird’s nests immediately before clearance/demolition and provided written confirmation that no nests are present/birds will be harmed and/or there are appropriate measures in place to protect nesting birds. Any such written confirmation shall be submitted to the Planning Authority within 6 weeks of works commencing.

Reason: To protect breeding birds.

10. No part of the development may be commenced until a detailed programme of works and any required / associated traffic management proposals have been submitted to and agreed by the planning authority.

Reason: To facilitate the convenient movement of all road users and the orderly progress of work in the interests of road safety.

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11. The Private Streets (Northern Ireland) Order 1980 as amended by the Private Streets (Amendment) (Northern Ireland) Order 1992. The Council hereby determines that the width, position and arrangement of the streets, and the land to be regarded as being comprised in the streets, shall be as indicated on Drawing No. 67, 68, 69, 70, 71, 72 & 73 bearing the date stamp 28 January 2021.

REASON: To ensure there is a safe and convenient road system within the development and to comply with the provisions of the Private Streets (Northern Ireland) Order 1980.

12. The Private Streets (Northern Ireland) Order 1980 as amended by the Private Streets (Amendment) (Northern Ireland) Order 1992. The development hereby permitted shall not come into operation until the works necessary for the improvement of a public road have been completed in accordance with the details outlined blue on Drawing No. 67, 68, 69, 70, 71, 72 & 73 bearing the date stamp 28 January 2021. The Department for Infrastructure hereby attaches to the determination a requirement under Article 3(4A) of the above Order that such works shall be carried out in accordance with an agreement under Article 3 (4C). REASON: To ensure that the road works considered necessary to provide a proper, safe and convenient means of access to the development are carried out.

13. No part of the development hereby permitted shall become operational until a Landscape Management and Maintenance Plan has been submitted to and approved by the planning authority and thereafter implemented as agreed. REASON: To provide an assurance that all safety requirements have been implemented.

14. On completion of the works or each phase of the works, a Stage 3 and subsequent Stage 4 Road Safety Audit shall be submitted to and approved by the planning authority and thereafter implemented as agreed. REASON: In the interest of road safety and to provide an assurance that all safety requirements have been implemented.

15. No works to any existing or proposed highway structure / retaining wall / culvert requiring Technical Approval, as specified in the Roads (NI) Order 1993 shall be commenced until the design has been submitted and approved in accordance with the Design Manual for Roads and Bridges. REASON: To ensure that the structure is designed and constructed in accordance with the Design Manual for Roads and Bridges.

16. The development hereby permitted shall not be adopted until any highway structure / retaining wall / culvert requiring Technical Approval, as specified in the Roads (NI) Order 1993, has been approved and constructed in accordance with the Design Manual for Roads and Bridges.

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REASON: To ensure there is a satisfactory means of access in the interests of road safety and the convenience of road users and to ensure that the structure is designed and constructed in accordance with the Design Manual for Roads and Bridges.

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Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 24th March 2021

APPLICATION No: LA11/2020/0689/F

APPLICATION TYPE: Full Planning application

PROPOSAL: Section 54 application to develop land without complying with condition 2 (seeking amendment of condition) of planning permission A/2011/0197/F

LOCATION: Immediately adjacent to 1 Ballynagard Crescent Culmore Derry

APPLICANT: Bayfield Developments Ltd

AGENT: Turley Housing

ADVERTISEMENT: 30.09.2020 READVERTISEMENT: 24.02.2021

EXPIRY: 14.10.2020 EXPIRY: 17.03.2021

REASON FOR PRESENTATION TO COMMITTEE: Variation of a condition to a ‘Major’ Housing development which was previously granted permission by Planning Committee. Council has an interest in the land.

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

Application to vary Condition 2 of Planning permission A/2011/0197/F, which currently reads ‘Prior to the occupation of 50% of the residential units hereby approved, the developer shall construct, layout, and provide all areas of open space including the changing facility, equipped children’s play park and football pitch, and plant all landscaped areas (including peripheral planting) as indicated on the approved plans no 17 Revision 2 (Landscape Proposals) date received 17 November 2017, unless otherwise agreed by Council in writing.

The proposed amended wording of condition 2 to read ‘Prior to the occupation of 80% of the residential units hereby approved, the developer shall provide all areas of open space, including

Page 59 Appendix 2 community facilities and equipped play park, and plant all landscaped areas (including peripheral planting) unless otherwise agreed by Council in writing.’

2. EIA Determination

An EIA determination was carried out for this application under Schedule 2 (10) B of The Planning EIA Regulations NI 2017. The proposal will not have a significant effect on the environment.

3. Habitats Regulation Assessment A HRA was not required to be carried out for this application to vary Condition 2 of A/2011/0197/F. A HRA was carried out on the previously approved planning application. The amendment of the condition with regard to the timing of the provision of open space associated with the development would not have any conceivable impact on designated sites.

4. Site and Surrounding Area

Site Location Plan as per original approval A/2011/0197/F

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The proposed site is located on un-zoned land as defined in the Derry Area Plan 2011, and located within the settlement limit of Culmore. The site is currently used as ‘existing’ open space and has an informal green space and children’s play area.

There is a mix of uses within the immediate area. The site is located adjacent to an existing housing development Ballynagard Crescent; Thornhill Park is located north of the site; Thornhill College is opposite the site and there is an existing golf driving range located to the west. The site is within walking distance to local facilities and shops.

5. Neighbour Notification Report Neighbours were notified of the application in September 2020 and February 2021. Date Neighbour Neighbour Address Notified 10 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 25/02/2021 11 Alder Road,Londonderry,Londonderry,BT48 8DB 25/02/2021 12-14 ,Alder Road,Londonderry,Londonderry,BT48 8DB 25/02/2021 12 Alder Road,Londonderry,Londonderry,BT48 8DB 25/02/2021 15 Alder Road,Londonderry,Londonderry,BT48 8DB 25/02/2021 1 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 25/02/2021 2 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 25/02/2021 39 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 25/02/2021 3 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 25/02/2021 44 Thornhill Park,Londonderry,Londonderry,BT48 8PB 25/02/2021 45 Thornhill Park,Londonderry,Londonderry,BT48 8PB 25/02/2021 46 Thornhill Park,Londonderry,Londonderry,BT48 8PB 25/02/2021 47 Thornhill Park,Londonderry,Londonderry,BT48 8PB 25/02/2021 4 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 25/02/2021 50 Thornhill Park,Londonderry,Londonderry,BT48 8PB 25/02/2021 51 Thornhill Park,Londonderry,Londonderry,BT48 8PB 25/02/2021 52 Thornhill Park,Londonderry,Londonderry,BT48 8PB 25/02/2021 53 Thornhill Park,Londonderry,Londonderry,BT48 8PB 25/02/2021 5 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 25/02/2021 6 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 25/02/2021 7 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 25/02/2021 8 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 25/02/2021 9 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 25/02/2021 Thornhill College,142 Culmore Road,Londonderry,Londonderry,BT48 25/02/2021 8JF

6. Relevant Site History

A/2011/0197/F - 50 no Proposed Social Dwellings (1 no Single Storey detached, 9 no 2 Storey terraced, 36 no 2 storey semi-detached and 4 no Apartments in 2 Storey detached blocks) plus Single storey

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Changing Facility, 11-a-side Football Pitch and Children's Play Area-all with ancillary Site works Including public road improvements to Alder Road (from junction of Culmore Road to North west boundary of site) and extension of footpath at land Immediately adjacent to 1 Ballynagard Crescent, Culmore. Permission granted by Planning Committee November 2017

LA11/2019/0128/F - Erection of 12 dwellings (all 3 bed semi detached), associated open space (including allotments, play area and car parking) and extension of road Nr 3, adjacent to and West of 1 Ballyagard Crescent, Culmore, Derry. (Amendments to previous approval Ref: A/2011/0197/F). Permission granted by Planning Committee November 2019.

7. Policy Framework Derry Area Plan 2011 PPS 7 Quality Residential Environments PPS 8 Open Space, Sport and Recreation

8. Consultation Response No consultee’s were required to be consulted during the processing of the application.

9. Representations No representations were received during the processing of the application.

10. Policy Assessment and Background Planning permission was granted by the Committee under application A/2011/0197/F for the erection of 50 no. social housing units. Also approved as part of that development was a football pitch, changing facility and children’s play area. Along with the provision of social housing, the delivery of community facilities on this site was important to allow positive consideration in line with relevant planning policy contained within PPS 7 and PPS 8. The timing of the delivery of these community facilities was also important both for proposed residents within the new development and existing residents in the wider area. Therefore a condition was recommended by officers and accepted by Members that “Prior to the occupation of 50% of the residential units hereby approved, the developer shall construct, layout, and provide all areas of open space including the changing facility, equipped children’s play park and football pitch…..”. Permission was granted in November 2017.

Page 62 Appendix 2

Further to granting this permission, a subsequent application was made to Council under planning reference LA11/2019/0128/F for the Erection of 12 dwellings, associated open space (including allotments, play area and car parking). This application was an amendment to the previous approval and was made due to issues which had arisen within the originally approved site and also due to further community engagement regarding the community facilities which were to be delivered on the site, namely allotments, children’s play area and informal open space as opposed to a formal football pitch. The position of some of the houses on the site were amended through the second application and the open space elements changed.

Both permissions have to be commenced by the developer, however, essentially there will still be the delivery of only 50 no. social housing units in total on the site and the community facilities to be delivered will be that approved under LA11/2019/0128/F which will be informal open space/pathway, community allotments and children’s play area.

The applicant is Bayfield Developments Ltd and will be responsible for the delivery of the housing units on site in partnership with Apex Housing Association. Council’s Recreation and Parks Department will be responsible for the delivery of the open space elements.

The amendment to condition 2 of application A/2011/0197/F is proposed by the applicant as it is no longer proposed to deliver the football pitch and changing facilities as approved under this application and therefore that part of the condition cannot be met by the developer. However, the amended wording of condition 2 still ensures that all areas of open space, including community facilities (allotments) and equipped play park and planting will still be delivered as part of this overall development.

The other requested change to the condition is the timing as to when the open space elements will be delivered on site. The original application conditioned that the open space elements be delivered prior to occupation of 50% of the dwelling units being occupied. The developer is requesting the amendment to the condition to “prior to occupation of 80% of the residential units, the developer shall provide all areas of open space, including community facilities and equipped play park and plant all landscaped areas”.

The agent has advised that “The amendment to condition 2 has been proposed to ensure that the residential portion of the permission can be partially delivered before the non-residential portion

Page 63 Appendix 2 needs to be completed and operational. This will allow the delivery of much needed social housing ahead of the previous timescale and of DCSDC completing work on their portion of the permission”. This approach also ensures that the residential development cannot be fully occupied until the community benefits, namely the children’s play area, allotments and informal open space are operational, providing a safeguard for Council that the full development can be completed without any community infrastructure being provided.

Therefore, officers are content that by allowing this amendment to the condition which is a reasonable adjustment, the full development cannot be completed without community infrastructure being provided and therefore, the development will comply with relevant policy provision in PPS 7 and PPS 8.

11. Conclusion The open space elements will still be delivered comprehensively as part of the overall masterplan for the site for the benefit of the local community and the residents of the development approved. Officers are satisfied that amending the wording of Condition 2 will not have an impact on the overall delivery of both the social housing and the community facilities on the lands at Ballynagard and recommend that Planning Committee approve this application.

Amended Condition 2 shall read: ‘Prior to the occupation of 80% of the residential units hereby approved, the developer shall provide all areas of open space, including community facilities and equipped play park, and plant all landscaped areas (including peripheral planting) unless otherwise agreed by Council in writing.’

Page 64 Appendix 3

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 24th March 2021

APPLICATION No: LA11/2020/0690/F

APPLICATION TYPE: Full Planning application

PROPOSAL: Section 54 application to develop land without complying with condition 2 (seeking amendment of occupancy condition) of planning permission LA11/2019/0128/F

LOCATION: Immediately adjacent to 1 Ballynagard Crescent Culmore Derry

APPLICANT: Bayfield Developments Ltd

AGENT: Turley Housing

ADVERTISEMENT: 30.09.2020 READVERTISEMENT: 24.02.2021

EXPIRY: 14.10.2020 EXPIRY: 10.03.2021

REASON FOR PRESENTATION TO COMMITTEE: Variation of a condition to a ‘Major’ Housing development which was previously granted permission by Planning Committee. Council has an interest in the land.

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

Section 54 application to vary Condition 2 of Planning permission LA11/2019/0128/F, which currently reads: ‘Prior to the occupation of 50% of the residential units hereby approved in this application and associated application A/2011/0197/F, the developer shall construct, layout, and provide all areas of open space including the allotments, equipped children’s play area, walkways and seating areas, and plant all landscaped areas (including peripheral planting) as indicated on the approved plans 02 Revision 2 (Landscape Layout), 03 Revision 3 (Site Layout) date stamped 10th October 2019 and

Page 65 Appendix 3 drawing numbers 09 Revision 1 (Open Space and Park Proposals) and drawing no 08 date stamped 1st July 2019, unless otherwise agreed by Council in writing”.

The proposed amended wording of condition 2 to read: ‘Prior to the occupation of 50% of the residential units hereby approved the developer shall construct, layout, and provide all areas of open space including the allotments, equipped children’s play area, walkways and seating areas, and plant all landscaped areas (including peripheral planting) as indicated on the approved plans 02 Revision 2 (Landscape Layout), 03 Revision 3 (Site Layout) date stamped 10th October 2019 and drawing numbers 09 Revision 1 (Open Space and Park Proposals) and drawing no 08 date stamped 1st July 2019, unless otherwise agreed by Council in writing.

2. EIA Determination

An EIA determination was carried out for this application under Schedule 2 (10) B of The Planning EIA Regulations NI 2017. The proposal will not have a significant effect on the environment.

3. Habitats Regulation Assessment A HRA was not required to be carried out for this application to vary Condition 2 of LA11/2019/0128/F. A HRA was carried out on the previously approved planning application. The amendment of the condition would not have any conceivable impact on designated sites.

4. Site and Surrounding Area The proposed site is on un-zoned land as defined in the Derry Area Plan 2011, and located within the settlement limit of Culmore. The site is currently used as existing informal open space.

There is a mix of uses within the immediate area. The site is located adjacent to an existing housing development Ballynagard Crescent; Thornhill Park is located north of the site; Thornhill College is opposite the site and there is an existing golf driving range located to the west. The site is within walking distance to local facilities and shops.

5. Neighbour Notification Report Date Neighbour Neighbour Address Notified 10 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 11 Alder Road,Londonderry,Londonderry,BT48 8DB 28/09/2020 12-14 ,Alder Road,Londonderry,Londonderry,BT48 8DB 28/09/2020 12 Alder Road,Londonderry,Londonderry,BT48 8DB 28/09/2020 15 Alder Road,Londonderry,Londonderry,BT48 8DB 28/09/2020

Page 66 Appendix 3

1 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 2 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 39 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 3 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 44 Thornhill Park,Londonderry,Londonderry,BT48 8PB 28/09/2020 45 Thornhill Park,Londonderry,Londonderry,BT48 8PB 28/09/2020 46 Thornhill Park,Londonderry,Londonderry,BT48 8PB 28/09/2020 47 Thornhill Park,Londonderry,Londonderry,BT48 8PB 28/09/2020 4 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 50 Thornhill Park,Londonderry,Londonderry,BT48 8PB 28/09/2020 51 Thornhill Park,Londonderry,Londonderry,BT48 8PB 28/09/2020 52 Thornhill Park,Londonderry,Londonderry,BT48 8PB 28/09/2020 53 Thornhill Park,Londonderry,Londonderry,BT48 8PB 28/09/2020 5 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 6 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 7 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 8 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 9 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 Thornhill College,142 Culmore Road,Londonderry,Londonderry,BT48 28/09/2020 8JF

Neighbours Notified Date Neighbour Neighbour Address Notified 10 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 11 Alder Road,Londonderry,Londonderry,BT48 8DB 15/02/2021 12-14 ,Alder Road,Londonderry,Londonderry,BT48 8DB 15/02/2021 12 Alder Road,Londonderry,Londonderry,BT48 8DB 15/02/2021 15 Alder Road,Londonderry,Londonderry,BT48 8DB 15/02/2021 1 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 2 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 39 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 3 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 44 Thornhill Park,Londonderry,Londonderry,BT48 8PB 15/02/2021 45 Thornhill Park,Londonderry,Londonderry,BT48 8PB 15/02/2021 46 Thornhill Park,Londonderry,Londonderry,BT48 8PB 15/02/2021 47 Thornhill Park,Londonderry,Londonderry,BT48 8PB 15/02/2021 4 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 50 Thornhill Park,Londonderry,Londonderry,BT48 8PB 15/02/2021 51 Thornhill Park,Londonderry,Londonderry,BT48 8PB 15/02/2021 52 Thornhill Park,Londonderry,Londonderry,BT48 8PB 15/02/2021 53 Thornhill Park,Londonderry,Londonderry,BT48 8PB 15/02/2021 5 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 6 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 7 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 8 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 9 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 Thornhill College,142 Culmore Road,Londonderry,Londonderry,BT48 15/02/2021 8JF

Page 67 Appendix 3

6. Relevant Site History

A/2011/0197/F - 50 no Proposed Social Dwellings (1 no Single Storey detached, 9 no 2 Storey terraced, 36 no 2 storey semi-detached and 4 no Apartments in 2 Storey detached blocks) plus Single storey Changing Facility, 11-a-side Football Pitch and Children's Play Area-all with ancillary Site works Including public road improvements to Alder Road (from junction of Culmore Road to North west boundary of site) and extension of footpath at land Immediately adjacent to 1 Ballynagard Crescent, Culmore. Permission granted by Planning Committee November 2017.

LA11/2019/0128/F - Erection of 12 dwellings (all 3 bed semi detached), associated open space (including allotments, play area and car parking) and extension of road Nr 3, adjacent to and West of 1 Ballyagard Crescent, Culmore, Derry. (Amendments to previous approval Ref: A/2011/0197/F). Permission granted by Planning Committee November 2019.

7. Policy Framework Derry Area Plan 2011 PPS 7 Quality Residential Environments PPS 8 Open Space

8. Consultation Response No consultee’s were required to be consulted during the processing of the application.

9. Representations No representations were received during the processing of the application.

10. Policy Assessment and Background Planning permission was granted by the Committee under application A/2011/0197/F for the erection of 50 no. social housing units. Also approved as part of that development was a football pitch, changing facility and children’s play area. Along with the provision of social housing, the delivery of community facilities on this site was important to allow positive consideration in line with relevant planning policy contained within PPS 7 and PPS 8. The timing of the delivery of these community facilities was also important both for proposed residents within the new development and existing residents in the wider area. Therefore a condition was recommended by officers and accepted by

Page 68 Appendix 3

Members that “Prior to the occupation of 50% of the residential units hereby approved, the developer shall construct, layout, and provide all areas of open space including the changing facility, equipped children’s play park and football pitch…..”. Permission was granted in November 2017.

Further to granting this permission, a subsequent application was made to Council under planning reference LA11/2019/0128/F for the Erection of 12 dwellings, associated open space (including allotments, play area and car parking). This application was an amendment to the previous approval and was made due to issues which had arisen within the originally approved site and also due to further community engagement regarding the community facilities which were to be delivered on the site, namely allotments, children’s play area and informal open space as opposed to a formal football pitch. The position of some of the houses on the site were amended through the second application and the open space elements changed. Both permissions have to be commenced by the developer however, essentially there will still be the delivery of only 50 no. social housing units in total on the site and the community facilities to be delivered will be that approved under LA11/2019/0128/F which will be informal open space/pathway, community allotments and children’s play area.

Approved drawing 02 Revision 2 (Landscape Layout) which indicates the open space facilities included allotments, play park and car parking

Page 69 Appendix 3

Approved drawing 09 Revision 1 Open Space and Park Proposals

The applicant is Bayfield Developments Ltd and will be responsible for the delivery of the housing units on site in partnership with Apex Housing Association. Council’s Recreation and Parks Department will be responsible for the delivery of the open space elements.

The amendment to condition 2 is proposed to separate the condition attached to the 2019 approval from planning permission A/2011/0197/F. The amendment seeks to only remove the wording “in this application and associated application A/2011/0197/F”. All other wording remains the same and therefore the condition will ensure that prior to the occupation of 50% of the residential units approved under application LA11/2019/0128/F, the developer shall construct, layout and provide all areas of open space including the allotments, equipped children’s play park, walkways and seating areas and plant all landscaped areas as indicated on the approved plans. This will mean that the residential and non-residential portions of planning permission LA11/2019/0128/F can be delivered independent of planning permission A/2011/0197/F.

The agent has advised that “This will allow delivery the delivery of much needed social housing on the site. This approach also ensures that the residential development cannot be fully occupied until the non residential development is operational, providing a safeguard for Council that the full development can be delivered without community infrastructure being provided.”

Page 70 Appendix 3

11. Conclusion Officers are satisfied that amending the wording of Condition 2 will not have an impact on the overall delivery of both the social housing and the community facilities on the lands at Ballynagard and recommend that Planning Committee approve this application.

Amended Condition 2 shall read: ‘Prior to the occupation of 50% of the residential units hereby approved the developer shall construct, layout, and provide all areas of open space including the allotments, equipped children’s play area, walkways and seating areas, and plant all landscaped areas (including peripheral planting) as indicated on the approved plans 02 Revision 2 (Landscape Layout), 03 Revision 3 (Site Layout) date stamped 10th October 2019 and drawing numbers 09 Revision 1 (Open Space and Park Proposals) and drawing no 08 date stamped 1st July 2019, unless otherwise agreed by Council in writing.

Page 71 This page is intentionally left blank Appendix 4

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 24th March 2021

APPLICATION No: LA11/2020/0688/F

APPLICATION TYPE: Full Planning application

PROPOSAL: Section 54 application to develop land without complying with condition 11 (seeking amendment of condition) of planning permission A/2011/0197/F

LOCATION: Immediately adjacent to 1 Ballynagard Crescent Culmore Derry

APPLICANT: Bayfield Developments Ltd

AGENT: Turley Housing

ADVERTISEMENT: 30.09.2020 READVERTISEMENT: 24.02.2021

EXPIRY: 14.10.2020 EXPIRY: 10.03.2021

REASON FOR PRESENTATION TO COMMITTEE: Variation of a condition to a ‘Major’ Housing development which was previously granted permission by Planning Committee. Council has an interest in the land

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

Application to vary Condition 11 of Planning permission A/2011/0197/F, which currently reads ‘The boundary treatments of the site along Alder Road as identified on drawing no 17 Revision 2 date stamped 17 November 2017 and drawing no 18 Revision 1 date stamped 24 October 2017 shall be completed prior to the occupation of the first dwelling unit, and retained as such thereafter.

The proposed amended wording of condition 11 to read ‘The boundary treatments of the site along Alder Road shall be completed prior to the occupation of 80% of the dwelling units hereby approved, and retained as such thereafter’.

Page 73 Appendix 4

2. EIA Determination

An EIA determination was carried out for this application under Schedule 2 (10) B of The Planning EIA Regulations NI 2017. The proposal will not have a significant effect on the environment.

3. Habitats Regulation Assessment A HRA was not required to be carried out for this application to vary Condition 11 of A/2011/0197/F. The amendment of the condition would not have any conceivable impact on designated sites.

4. Site and Surrounding Area

Site Location Plan as per original approval A/2011/0197/F

The proposed site is located on un-zoned land as defined in the Derry Area Plan 2011, and located within the settlement limit of Culmore. The site is currently used as ‘existing’ open space and has an informal green space and children’s play area. There is a mix of uses within the immediate area. The site is located adjacent to an existing housing development Ballynagard Crescent; Thornhill Park is located north of the site; Thornhill College is opposite the site and there is an existing golf driving range located to the west. The site is within walking distance to local facilities and shops.

Page 74 Appendix 4

5. Neighbour Notification Report Date Neighbour Neighbour Address Notified 10 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 11 Alder Road,Londonderry,Londonderry,BT48 8DB 28/09/2020 12-14 ,Alder Road,Londonderry,Londonderry,BT48 8DB 28/09/2020 12 Alder Road,Londonderry,Londonderry,BT48 8DB 28/09/2020 15 Alder Road,Londonderry,Londonderry,BT48 8DB 28/09/2020 1 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 2 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 39 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 3 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 44 Thornhill Park,Londonderry,Londonderry,BT48 8PB 28/09/2020 45 Thornhill Park,Londonderry,Londonderry,BT48 8PB 28/09/2020 46 Thornhill Park,Londonderry,Londonderry,BT48 8PB 28/09/2020 47 Thornhill Park,Londonderry,Londonderry,BT48 8PB 28/09/2020 4 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 50 Thornhill Park,Londonderry,Londonderry,BT48 8PB 28/09/2020 51 Thornhill Park,Londonderry,Londonderry,BT48 8PB 28/09/2020 52 Thornhill Park,Londonderry,Londonderry,BT48 8PB 28/09/2020 53 Thornhill Park,Londonderry,Londonderry,BT48 8PB 28/09/2020 5 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 6 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 7 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 8 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 9 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 Thornhill College,142 Culmore Road,Londonderry,Londonderry,BT48 28/09/2020 8JF

Neighbours Notified Date Neighbour Neighbour Address Notified 10 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 11 Alder Road,Londonderry,Londonderry,BT48 8DB 15/02/2021 12-14 ,Alder Road,Londonderry,Londonderry,BT48 8DB 15/02/2021 12 Alder Road,Londonderry,Londonderry,BT48 8DB 15/02/2021 15 Alder Road,Londonderry,Londonderry,BT48 8DB 15/02/2021 1 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 2 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 39 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 3 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 44 Thornhill Park,Londonderry,Londonderry,BT48 8PB 15/02/2021 45 Thornhill Park,Londonderry,Londonderry,BT48 8PB 15/02/2021 46 Thornhill Park,Londonderry,Londonderry,BT48 8PB 15/02/2021 47 Thornhill Park,Londonderry,Londonderry,BT48 8PB 15/02/2021 4 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 50 Thornhill Park,Londonderry,Londonderry,BT48 8PB 15/02/2021 51 Thornhill Park,Londonderry,Londonderry,BT48 8PB 15/02/2021

Page 75 Appendix 4

52 Thornhill Park,Londonderry,Londonderry,BT48 8PB 15/02/2021 53 Thornhill Park,Londonderry,Londonderry,BT48 8PB 15/02/2021 5 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 6 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 7 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 8 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 9 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 Thornhill College,142 Culmore Road,Londonderry,Londonderry,BT48 15/02/2021 8JF

6. Relevant Site History

A/2011/0197/F - 50 no Proposed Social Dwellings (1 no Single Storey detached, 9 no 2 Storey terraced, 36 no 2 storey semi-detached and 4 no Apartments in 2 Storey detached blocks) plus Single storey Changing Facility, 11-a-side Football Pitch and Children's Play Area-all with ancillary Site works Including public road improvements to Alder Road (from junction of Culmore Road to North west boundary of site) and extension of footpath at land Immediately adjacent to 1 Ballynagard Crescent, Culmore. Permission granted by Planning Committee November 2017

LA11/2019/0128/F - Erection of 12 dwellings (all 3 bed semi detached), associated open space (including allotments, play area and car parking) and extension of road Nr 3, adjacent to and West of 1 Ballyagard Crescent, Culmore, Derry. (Amendments to previous approval Ref: A/2011/0197/F). Permission granted by Planning Committee November 2019.

7. Policy Framework Derry Area Plan 2011 PPS 7 Quality Residential Environments

8. Consultation Response No consultee’s were required to be notified of the application during the processing of the application.

9. Representations No representations were received during the processing of the application.

Page 76 Appendix 4

10. Policy Assessment and Background Planning permission was granted by the Committee under application A/2011/0197/F for the erection of 50 no. social housing units. Also approved as part of that development was a football pitch, changing facility and children’s play area. Along with the provision of social housing, the delivery of community facilities on this site was important to allow positive consideration in line with relevant planning policy contained within PPS 7 and PPS 8. The application also contained details of landscaping and boundary treatments that were deemed to be acceptable. Approval of the application was conditional on this landscaping and boundary treatment (agreed fencing details) to be carried out prior to occupation of the first dwelling.

Approved drawing 17 Revision 2 as per the condition 11 which identified the boundary treatments to be constructed prior to the occupation of the first dwelling

Page 77 Appendix 4

Approved drawing 18 rev 1 as per condition 11 of A/2011/0197/F detailing the specific boundary treatments

Members are aware of application LA11/2020/0689/F to vary the timing of Condition 2 of A/2011/0197/F to provide the open space elements of the overall development. The amendment to the timing of when the landscaping and boundary treatment along Alder Road is to reflect what is being proposed for the timing of open space elements of the scheme i.e that the landscaping and boundary treatments along Alder Road will be delivered prior to the occupation of 80% of the dwelling units approved. It will effectively mean that the landscaping to Alder Road will be carried out at the same time as the open space elements on the site are being delivered (if Members approve application LA11/2020/0689/F).

Page 78 Appendix 4

The amendment to this condition will still ensure that the residential portion of the permission can be partially delivered before the landscaping and boundary treatments needs to be completed. This will allow the expedient delivery of social housing whilst still ensuring that the overall site will be comprehensively developed and will be acceptable in its visual aspect from the public road.

Therefore, officers are content that by allowing this amendment to the condition, the full development cannot be delivered without acceptable landscaping and boundary treatments being put in place and therefore, the development will comply with relevant policy provision in PPS 7 and PPS 8.

11. Conclusion Officers consider the amendment to condition 2 acceptable in that it ensures that the landscaping along Alder Road will still be delivered comprehensively as part of the overall masterplan for the site for the benefit of the local community and the residents of the development approved. Therefore it is recommended that Members agree to the amended wording of Condition 11 of A/2011/0197/F.

Amended Condition 11 shall read: ‘The boundary treatments of the site along Alder Road shall be completed prior to the occupation of 80% of the dwelling units hereby approved, and retained as such thereafter

Page 79 This page is intentionally left blank Appendix 5

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 24th March 2021

APPLICATION No: LA11/2020/0691/F

APPLICATION TYPE: Full Planning application

PROPOSAL: Section 54 application to develop land without complying with condition 11 (seeking amendment of condition) of planning permission LA11/2019/0128/F

LOCATION: Immediately adjacent to 1 Ballynagard Crescent Culmore Derry

APPLICANT: Bayfield Developments Ltd

AGENT: Turley Housing

ADVERTISEMENT: 30.09.2020 READVERTISEMENT: 24.02.2021

EXPIRY: 14.10.2020 EXPIRY: 10.03.2021

REASON FOR PRESENTATION TO COMMITTEE: Variation of a condition to a ‘Major’ Housing development which was previously granted permission by Planning Committee. Council has an interest in the land.

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

Application to vary Condition 11 of Planning permission LA11/2019/0128/F, which currently reads ‘The boundary treatment of the site along Alder Road as identified on drawing no 02 Revision 2 date stamped 10 October 2019 shall be completed prior to the occupation of the first dwelling unit, and retained as such thereafter.

The proposed amended wording of condition 11 to read ‘The boundary treatment of the site along Alder Road as identified on drawing no 02 Revision 2 date stamped 10 October 2019 shall be completed prior to the occupation of 50% of the dwelling units hereby approved, and retained as such thereafter’.

Page 81 Appendix 5

2. EIA Determination

An EIA determination was carried out for this application under Schedule 2 (10) B of The Planning EIA Regulations NI 2017. The proposal will not have a significant effect on the environment.

3. Habitats Regulation Assessment A HRA was not required to be carried out for this application to vary Condition 11 of LA11/2019/0128/F. The amendment of the condition would not have any conceivable impact on designated sites.

4. Site and Surrounding Area

Site Location Plan as per original approval A/2011/0197/F

The proposed site is located on un-zoned land as defined in the Derry Area Plan 2011, and located within the settlement limit of Culmore. The site is currently used as ‘existing’ open space and has an informal green space and children’s play area. There is a mix of uses within the immediate area. The site is located adjacent to an existing housing development Ballynagard Crescent; Thornhill Park is located north of the site; Thornhill College is

Page 82 Appendix 5

opposite the site and there is an existing golf driving range located to the west. The site is within walking distance to local facilities and shops.

5. Neighbour Notification Report Date Neighbour Neighbour Address Notified 10 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 11 Alder Road,Londonderry,Londonderry,BT48 8DB 28/09/2020 12-14 ,Alder Road,Londonderry,Londonderry,BT48 8DB 28/09/2020 12 Alder Road,Londonderry,Londonderry,BT48 8DB 28/09/2020 15 Alder Road,Londonderry,Londonderry,BT48 8DB 28/09/2020 1 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 2 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 39 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 3 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 44 Thornhill Park,Londonderry,Londonderry,BT48 8PB 28/09/2020 45 Thornhill Park,Londonderry,Londonderry,BT48 8PB 28/09/2020 46 Thornhill Park,Londonderry,Londonderry,BT48 8PB 28/09/2020 47 Thornhill Park,Londonderry,Londonderry,BT48 8PB 28/09/2020 4 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 50 Thornhill Park,Londonderry,Londonderry,BT48 8PB 28/09/2020 51 Thornhill Park,Londonderry,Londonderry,BT48 8PB 28/09/2020 52 Thornhill Park,Londonderry,Londonderry,BT48 8PB 28/09/2020 53 Thornhill Park,Londonderry,Londonderry,BT48 8PB 28/09/2020 5 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 6 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 7 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 8 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 9 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 28/09/2020 Thornhill College,142 Culmore Road,Londonderry,Londonderry,BT48 28/09/2020 8JF

Neighbours Notified Date Neighbour Neighbour Address Notified 10 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 11 Alder Road,Londonderry,Londonderry,BT48 8DB 15/02/2021 12-14 ,Alder Road,Londonderry,Londonderry,BT48 8DB 15/02/2021 12 Alder Road,Londonderry,Londonderry,BT48 8DB 15/02/2021 15 Alder Road,Londonderry,Londonderry,BT48 8DB 15/02/2021 1 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 2 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 39 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 3 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 44 Thornhill Park,Londonderry,Londonderry,BT48 8PB 15/02/2021 45 Thornhill Park,Londonderry,Londonderry,BT48 8PB 15/02/2021 46 Thornhill Park,Londonderry,Londonderry,BT48 8PB 15/02/2021 47 Thornhill Park,Londonderry,Londonderry,BT48 8PB 15/02/2021

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4 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 50 Thornhill Park,Londonderry,Londonderry,BT48 8PB 15/02/2021 51 Thornhill Park,Londonderry,Londonderry,BT48 8PB 15/02/2021 52 Thornhill Park,Londonderry,Londonderry,BT48 8PB 15/02/2021 53 Thornhill Park,Londonderry,Londonderry,BT48 8PB 15/02/2021 5 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 6 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 7 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 8 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 9 Ballynagard Crescent,Londonderry,Londonderry,BT48 8JR 15/02/2021 Thornhill College,142 Culmore Road,Londonderry,Londonderry,BT48 15/02/2021 8JF

6. Relevant Site History A/2011/0197/F - 50 no Proposed Social Dwellings (1 no Single Storey detached, 9 no 2 Storey terraced, 36 no 2 storey semi-detached and 4 no Apartments in 2 Storey detached blocks) plus Single storey Changing Facility, 11-a-side Football Pitch and Children's Play Area-all with ancillary Site works Including public road improvements to Alder Road (from junction of Culmore Road to North west boundary of site) and extension of footpath at land Immediately adjacent to 1 Ballynagard Crescent, Culmore. Permission granted by Planning Committee November 2017

LA11/2019/0128/F - Erection of 12 dwellings (all 3 bed semi detached), associated open space (including allotments, play area and car parking) and extension of road Nr 3, adjacent to and West of 1 Ballyagard Crescent, Culmore, Derry. (Amendments to previous approval Ref: A/2011/0197/F). Permission granted by Planning Committee November 2019.

7. Policy Framework Derry Area Plan 2011 PPS 7 Quality Residential Environments

8. Consultation Response No consultee’s were required to be notified of the application

9. Representations No representations were received on the application.

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10. Policy Assessment and Background Planning permission was granted by the Committee under application A/2019/0128/F for the erection of 12 no. social housing units. Also approved as part of that development was allotments, car parking and children’s play area. Along with the provision of social housing, the delivery of community facilities on this site was important to allow positive consideration in line with relevant planning policy contained within PPS 7 and PPS 8. The application also contained details of boundary treatments along Alder Road that were deemed to be acceptable. Approval of the application was conditional on this boundary to be carried out prior to occupation of the first dwelling.

Approved drawing 02 Revision 2 as per the condition 11 which identified the boundary treatments to be constructed prior to the occupation of the first dwelling

Members are aware of application LA11/2020/0690/F to vary the timing of Condition 2 of A/2019/0128/F to provide the open space elements of the development. The amendment to the timing of when the boundary treatment along Alder Road is to reflect what is being proposed for the timing of open space elements of the scheme i.e that the boundary treatment along Alder Road will be delivered prior to the occupation of 50% of the dwelling units approved. It will effectively mean that the boundary to Alder Road will be carried out at the same time as the open space elements on the site are being delivered (if Members approve application LA11/2020/0690/F).

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The amendment to this condition will still ensure that the residential portion of the permission can be partially delivered before the boundary needs to be completed. This will allow the expedient delivery of social housing whilst still ensuring that the overall site will be comprehensively developed and will be acceptable in its visual aspect from the public road.

Therefore, officers are content that by allowing this amendment to the condition, the full development cannot be delivered without acceptable boundary being put in place and therefore, the development will comply with relevant policy provision in PPS 7 and PPS 8.

11. Conclusion Officers consider the amendment to condition 2 acceptable in that it ensures that the boundary trealment along Alder Road will still be delivered comprehensively as part of the overall masterplan for the site for the benefit of the local community and the residents of the development approved. Therefore it is recommended that Members agree to the amended wording of Condition 11 of A/2019/0128/F.

Amended Condition 11 shall read: ‘The boundary treatments of the site along Alder Road shall be completed prior to the occupation of 50% of the dwelling units hereby approved, and retained as such thereafter

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Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 24th March 2021

APPLICATION No: LA11/2018/0186/O

APPLICATION TYPE: Outline Application

PROPOSAL: Proposed multi-sport indoor/outdoor facility (circa 45,000 sq ft) incorporating wellbeing centre, community/youth facilities, full size indoor 6G pitch, fitness suite, sports hall, conferencing, office accommodation, exhibition and events space

LOCATION: Lands due north of Holy Cross College & due south of Ardnalee Park,

Strabane

APPLICANT: Mr S McElroy Strabane Athletic F.C

AGENT: Manor Architects, Stable Buildings, 30a High Street, Moneymore

ADVERTISEMENT: 21-1-2021

STATUTORY EXPIRY: 04-02-2021

RECOMMENDATION: REFUSE

REASON FOR PRESENTATION TO COMMITTEE: Major Application

The application was presented before Planning Committee on 1st July 2020. It was resolved that the application would be deferred to allow the applicant to submit further outstanding information in relation to transport and ecology issues.

All planning application forms, drawings, consultation responses, objections, letters etc. relating to this planning application are available to view on www.planningni.gov.uk

1. Description of Proposed Development 1.1 The application is for a proposed multi-sport indoor/outdoor facility (circa 45,000 sq ft) incorporating wellbeing centre, community/youth facilities, full size indoor 6G pitch, fitness suite, sports hall, conferencing, office accommodation, exhibition and events space.

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Figure 1: Conceptual layout of proposed development

2. EIA Determination 2.1 The proposed development is within the scope of Schedule 2 - 10 (B) of the Planning (Environmental Impact Assessment) Regulations (NI) 2017 as the area of the development exceeds 0.5 hectares. The Council carried out an environmental determination and considered. that a planning application for this development did not need to be accompanied by an Environmental Statement. 3. HRA 3.1 This planning application was considered in light of the assessment requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc) Regulations (Northern Ireland) 1995 (as amended) by Shared Environmental Services on behalf of Derry City and Strabane District Council, which is the competent authority for authorising the project and any assessment required of it by regulations.

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3.2 Having considered the nature, scale, timing, duration and location of the project it is concluded that, provided mitigation is conditioned in any planning approval, the proposal will not have an adverse effect on site integrity of any European site and Council agrees and adopts the draft HRA carried out by SES.

4. Pre Application Notification and Community Consultation

4.1 The proposal is categorised as major development as prescribed in the Planning (Development Management) Regulations (NI) 2015. Section 27 of The Planning Act (NI) 2011 Act places a statutory duty on applicants for major development proposals to notify the Council and consult the community at least 12 weeks in advance of submitting an application.

4.2 A Pre-Application Discussion (PAD) LA11/2017/0349/PAD was submitted to the Council on 11th April 2017 and a pre-application discussion meeting was 25th October 2017, and final advice issued to the applicants/agent on 5th December 2017 advising the proposal would be contrary to the Strabane Area Plan and would be subject to policy AMP 3 of PPS 3- Access on a Protected Route and that an alternative access should be sought. A Proposal of Application Notice LA11/2017/0324/PAN was submitted to the Council on 30th March 2017. The PAN included supporting information including a conceptual site layout, supporting statement, letters of support from key stakeholders, evidence of engagement with various bodies and local representatives with copies of statutory consultations and included details of an open consultation / information day held in the Fir Trees Hotel on the 5th January 2017. The Council received sufficient information concerning community consultation measures and the PAN process was approved by Council on 19th July 2018.

5. Site and Surrounding Area 5.1 The application site comprises two large enclosed grass fields. The larger of the two fields is rectangular in shape and is located to the south of Ardnalee Park, which is an established residential area. This field lies to the west of Knockavoe School and to the north of Holy Cross College and Belmont Gardens. The field is enclosed with a hedgerow on all boundaries, except for the entrance to a laneway in the north western corner of the site.

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5.2 The other field is located immediately to the west of the larger field and is separated by the existing hedgerow. This field is a long wedge, which is abutted by the Strabane bypass all along its western boundary. This western boundary has semi mature vegetation along its entire length, with the exception of an existing a gap towards the south which has an agricultural gate. The field shares a boundary with the residential areas of Lisnafin Park and Ardnalee Park along the north- west boundary. Holy Cross College lies to the south of this field.

Figure 2: Aerial photograph of application site

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Figure 3: View of site boundary from bypass when travelling north

Figure 4: View of site boundary from bypass when travelling south

Figure 5: Photo of entrance to laneway leading from Lisnafin Park to north east corner of site

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Figure 6: Internal view of laneway joining site at NE corner Figure 7: Internal view of internal field boundary

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Figure 8: Internal view from site of boundary with Ardnalee Park 6. Representations 6.1 8 letters of support were received in relation to the proposed development, summaries are provided below.  Local MLA supports the proposal on the grounds that it is a “strategically and significant football project for Strabane”. She also asked that favourable consideration was given to the land being considered “recreational” in planning terms.  Local MLA supports the proposal on the grounds that it is a “strategically significant facility”. He has asked that that the residential zoning is set aside as it will not be delivered.  Local Elected Representative supports the proposal on the grounds that there is need for such facilties within the wider Council area and in particular in Strabane. He is of the opinion that flexibility should be given in relation to zoning as the Strabane Area Plan is over 30 years old and that there is not a housing shortage issue in Strabane.  Local Elected Representative supported the proposal on the basis that it would improve sports provisions and it would be sited at a good accessible location.  Local MLA provided additional comments in support of proposal and its importance for the wider West Tyrone area

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 Local Elected Representative supported the application on the basis of improved facilities for Strabane, improve sport provision and creation of jobs.  Melmount Community Forum support the proposal on the grounds that he will have a positive impact on the health and well-being of the communities they represent in Lisnafin, Uney Road and Ardnalee.  Michael Boyd (Irish Football Association) sets out the IFA’s support for the proposal and acknowledges that the delivery of the proposal would meet a number of the key objectives of their strategic plan as well as providing much needed facilities in the wider Strabane area. They also advise that as an organisation they would avail of the use of the facility.

There was one non-committal representation from the neighbouring school, which whilst not objecting to the principle of the development, they requested a suitable barrier is erected between the sites to ensure privacy and to avoid safeguarding issues. 7. Site Constraints 7.1 ZONING SE 28.7.6 HOUSING: CASTLETOWN/MELMOUNT, STRABANE

The site lies within what remains of the Housing Zoning SE 28.7.6 in the Strabane Area Plan.

8. Neighbour Notification Report

Reference Neighbour Address Notification Letter Date Neighbour Number Notified

9 Ardnalee Park Strabane Tyrone 4/4/2018 1 LA11/2018/0186/O BT82 9DZ NEILET 5/1/2021 11 Ardnalee Park Strabane Tyrone 4/4/2018 2 LA11/2018/0186/O BT82 9DZ NEILET 5/1/2021 13 Ardnalee Park Strabane Tyrone 4/4/2018 3 LA11/2018/0186/O BT82 9DZ NEILET 5/1/2021 15 Ardnalee Park Strabane Tyrone 4/4/2018 4 LA11/2018/0186/O BT82 9DZ NEILET 5/1/2021 17 Ardnalee Park Strabane Tyrone 4/4/2018 5 LA11/2018/0186/O BT82 9DZ NEILET 5/1/2021

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19 Ardnalee Park Strabane Tyrone 4/4/2018 6 LA11/2018/0186/O BT82 9DZ NEILET 5/1/2021 21 Ardnalee Park Strabane Tyrone 4/4/2018 7 LA11/2018/0186/O BT82 9DZ NEILET 5/1/2021 23 Ardnalee Park Strabane Tyrone 4/4/2018 8 LA11/2018/0186/O BT82 9DZ NEILET 5/1/2021 25 Ardnalee Park Strabane Tyrone 4/4/2018 9 LA11/2018/0186/O BT82 9DZ NEILET 5/1/2021 27 Ardnalee Park Strabane Tyrone 4/4/2018 10 LA11/2018/0186/O BT82 9DZ NEILET 5/1/2021 29 Ardnalee Park Strabane Tyrone 4/4/2018 11 LA11/2018/0186/O BT82 9DZ NEILET 5/1/2021 31 Ardnalee Park Strabane Tyrone 4/4/2018 12 LA11/2018/0186/O BT82 9DZ NEILET 5/1/2021 51 Ardnalee Park Strabane 4/4/2018 Tyrone 5/1/2021 13 LA11/2018/0186/O BT82 9DZ NEILET 53 Ardnalee Park Strabane Tyrone 4/4/2018 14 LA11/2018/0186/O BT82 9DZ NEILET 5/1/2021 55 Ardnalee Park Strabane Tyrone 4/4/2018 15 LA11/2018/0186/O BT82 9DZ NEILET 5/1/2021 57 Ardnalee Park Strabane Tyrone 4/4/2018 16 LA11/2018/0186/O BT82 9DZ NEILET 5/1/2021 59 Ardnalee Park Strabane Tyrone 4/4/2018 17 LA11/2018/0186/O BT82 9DZ NEILET 5/1/2021 20a Melmount Gardens Strabane Tyrone 4/4/2018 18 LA11/2018/0186/O BT82 9EB NEILET 5/1/2021 32 Melmount Gardens Strabane Tyrone 4/4/2018 19 LA11/2018/0186/O BT82 9EB NEILET 5/1/2021

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33 Melmount Gardens Strabane Tyrone 4/4/2018 20 LA11/2018/0186/O BT82 9EB NEILET 5/1/2021 Knockavoe Resource Centre 10a Melmount Gardens Strabane Tyrone 4/4/2018 21 LA11/2018/0186/O BT82 9EB NEILET 5/1/2021 Holy Cross College, Melmount 4/4/2018 22 LA11/2018/0186/O Road, Strabane Co Tyrone, NEILET 5/1/2021 48 Castlegrange Park,Strabane,Tyrone,BT82 4/4/2018 23 LA11/2018/0186/O 9WB, NEILET 5/1/2021 310 Lisnafin 4/4/2018 24 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9DN, NEILET 5/1/2021 44 Castlegrange Park,Strabane,Tyrone,BT82 4/4/2018 25 LA11/2018/0186/O 9WB, NEILET 5/1/2021 314 Lisnafin 4/4/2018 26 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9DN, NEILET 5/1/2021 18 Ardnalee 4/4/2018 27 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9DZ, NEILET 5/1/2021 22 Ardnalee 4/4/2018 28 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9DZ, NEILET 5/1/2021 142 Castlegrange 4/4/2018 29 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9WF, NEILET 5/1/2021 308 Lisnafin 4/4/2018 30 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9DN, NEILET 5/1/2021 43 Castlegrange Park,Strabane,Tyrone,BT82 4/4/2018 31 LA11/2018/0186/O 9WB, NEILET 5/1/2021 41 Castlegrange Park,Strabane,Tyrone,BT82 4/4/2018 32 LA11/2018/0186/O 9WB, NEILET 5/1/2021 45 Castlegrange Park,Strabane,Tyrone,BT82 4/4/2018 33 LA11/2018/0186/O 9WB, NEILET 5/1/2021 20 Ardnalee 4/4/2018 34 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9DZ, NEILET 5/1/2021 36 Melmount Gardens,Strabane,Tyrone,BT82 4/4/2018 35 LA11/2018/0186/O 9EB, NEILET 5/1/2021 144 Castlegrange 4/4/2018 36 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9WF, NEILET 5/1/2021 65 Ardnalee 4/4/2018 37 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9DZ, NEILET 5/1/2021 306 Lisnafin 4/4/2018 38 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9DN, NEILET 5/1/2021 145 Castlegrange 4/4/2018 39 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9WF, NEILET 5/1/2021 46 Castlegrange Park,Strabane,Tyrone,BT82 4/4/2018 40 LA11/2018/0186/O 9WB, NEILET 5/1/2021 139 Castlegrange 4/4/2018 41 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9WF, NEILET 5/1/2021

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141 Castlegrange 4/4/2018 42 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9WF, NEILET 5/1/2021 39 Castlegrange Park,Strabane,Tyrone,BT82 4/4/2018 43 LA11/2018/0186/O 9WB, NEILET 5/1/2021 24 Ardnalee 4/4/2018 44 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9DZ, NEILET 5/1/2021 40 Castlegrange Park,Strabane,Tyrone,BT82 4/4/2018 45 LA11/2018/0186/O 9WB, NEILET 5/1/2021 30 Jefferson Court,Strabane,Tyrone,BT82 4/4/2018 46 LA11/2018/0186/O 9RW, NEILET 5/1/2021 47 Castlegrange Park,Strabane,Tyrone,BT82 4/4/2018 47 LA11/2018/0186/O 9WB, NEILET 5/1/2021 Holy Cross College,35 Melmount Road,Strabane,Tyrone,BT82 4/4/2018 48 LA11/2018/0186/O 9EF, NEILET 5/1/2021 150 Castlegrange 4/4/2018 49 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9WF, NEILET 5/1/2021 34 Jefferson Court,Strabane,Tyrone,BT82 4/4/2018 50 LA11/2018/0186/O 9RW, NEILET 5/1/2021 31 Jefferson Court,Strabane,Tyrone,BT82 4/4/2018 51 LA11/2018/0186/O 9RW, NEILET 5/1/2021 276 Lisnafin 4/4/2018 52 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9DL, NEILET 5/1/2021 33 Jefferson Court,Strabane,Tyrone,BT82 4/4/2018 53 LA11/2018/0186/O 9RW, NEILET 5/1/2021 300 Lisnafin 4/4/2018 54 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9DN, NEILET 69 Ardnalee 4/4/2018 55 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9DZ, NEILET 5/1/2021 143 Castlegrange 4/4/2018 56 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9WF, NEILET 5/1/2021 270 Lisnafin 4/4/2018 57 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9DL, NEILET 5/1/2021 50 Castlegrange Park,Strabane,Tyrone,BT82 4/4/2018 58 LA11/2018/0186/O 9WB, NEILET 5/1/2021 28 Jefferson Court,Strabane,Tyrone,BT82 4/4/2018 59 LA11/2018/0186/O 9RW, NEILET 5/1/2021 67 Ardnalee 4/4/2018 60 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9DZ, NEILET 5/1/2021 278 Lisnafin 4/4/2018 61 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9DL, NEILET 5/1/2021 280 Lisnafin 4/4/2018 62 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9DL, NEILET 5/1/2021 153 Castlegrange 4/4/2018 63 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9WF, NEILET 5/1/2021 304 Lisnafin 4/4/2018 64 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9DN, NEILET 5/1/2021 152 Castlegrange 4/4/2018 65 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9WF, NEILET 5/1/2021

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140 Castlegrange 4/4/2018 66 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9WF, NEILET 5/1/2021 63 Ardnalee 4/4/2018 67 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9DZ, NEILET 5/1/2021 272 Lisnafin 4/4/2018 68 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9DL, NEILET 5/1/2021 318 Lisnafin 4/4/2018 69 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9DN, NEILET 5/1/2021 274 Lisnafin 4/4/2018 70 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9DL, NEILET 5/1/2021 49 Castlegrange Park,Strabane,Tyrone,BT82 4/4/2018 71 LA11/2018/0186/O 9WB, NEILET 5/1/2021 32 Jefferson Court,Strabane,Tyrone,BT82 4/4/2018 72 LA11/2018/0186/O 9RW, NEILET 5/1/2021 302 Lisnafin 4/4/2018 73 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9DN, NEILET 5/1/2021 35 Jefferson Court,Strabane,Tyrone,BT82 4/4/2018 74 LA11/2018/0186/O 9RW, NEILET 5/1/2021 151 Castlegrange 4/4/2018 75 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9WF, NEILET 5/1/2021 146 Castlegrange 4/4/2018 76 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9WF, NEILET 5/1/2021 51 Castlegrange Park,Strabane,Tyrone,BT82 4/4/2018 77 LA11/2018/0186/O 9WB, NEILET 5/1/2021 42 Castlegrange Park,Strabane,Tyrone,BT82 4/4/2018 78 LA11/2018/0186/O 9WB, NEILET 5/1/2021 312 Lisnafin 4/4/2018 79 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9DN, NEILET 5/1/2021 316 Lisnafin 4/4/2018 80 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9DN, NEILET 5/1/2021 38 Castlegrange Park,Strabane,Tyrone,BT82 4/4/2018 81 LA11/2018/0186/O 9WB, NEILET 5/1/2021 29 Jefferson Court,Strabane,Tyrone,BT82 4/4/2018 82 LA11/2018/0186/O 9RW, NEILET 5/1/2021 137 Castlegrange 4/4/2018 83 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9WF, NEILET 5/1/2021 26 Ardnalee 4/4/2018 84 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9DZ, NEILET 5/1/2021 61 Ardnalee 4/4/2018 85 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9DZ, NEILET 5/1/2021 138 Castlegrange 4/4/2018 86 LA11/2018/0186/O Park,Strabane,Tyrone,BT82 9WF, NEILET 5/1/2021

9. Relevant Site History

9.1 J/1986/0090 PUBLIC AUTHORITY HOUSING DEVELOPMENT LANDS TO SOUTH OF LISNAFIN PARK, STRABANE- Permission granted

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9.2 J/1987/0261 ERECTION OF 25 NO PUBLIC AUTHORITY DWELLINGS LISNAFIN PARK, STRABANE- Permission granted

9.3 J/1990/0331 Erection of housing development PHASE 2, LISNAFIN PARK STRABANE- Permission granted

9.4 J/2004/0163/O New amalgamated second level college, associated playing fields and facilities. St Colman's High School, Melmount Road, Strabane, Co Tyrone. Permission granted.

10. Policy Framework

Strabane Area Plan 2011

10.1 The site is located within the development limits of Strabane

Strategic Planning Policy Statement for NI

10.2 Sustainable development is at the heart of the SPPS, which includes key principles for Development and strategic policies on open space, sport and outdoor recreation and also on flood risk. Paragraph 5.72 of the SPPS states that sustainable development should be permitted, having regard to the local development plan and all other material considerations, unless the proposed development will cause demonstrable harm to interests of acknowledged importance. In such cases the planning authority has power to refuse planning permission.

Planning Policy Statement 2: Natural Heritage

10.3 Policy NH 1 European and Ramsar Site- International

10.4 Policy NH 2 Species Protected by Law

10.5 Policy NH 3 Sites of Nature Conservation Importance – National

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10.6 Policy NH 5 Habitats, Species or Features of Natural Heritage Importance

Planning Policy Statement 3: Access, Movement and Parking

10.7 Policy AMP 2 Access to Public Roads

10.8 Policy AMP 7Car Parking and Servicing Arrangements

Planning Policy Statement 3 (Clarification): Access, Movement and Parking

10.9 Policy AMP 3 Access to Protected Routes

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

10.10 Policy OS 4 Intensive Sports Facilities

10.11 Policy OS 7 The Floodlighting of Sports and Outdoor Recreational Facilities

Planning Policy Statement 15: Planning and Flood Risk

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

11. Consultee Responses DfI Roads 11.1 DfI Road’s position on this application proposal is that they are concerned with the impact that the proposed access from the A5 Great Northern Road will have with respect to AMP 3 of Planning Policy Statement 3 – Access Movement and Parking and its impact on this Protected Route, Trunk Road and Key Transport Corridor.

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11.2 They have stated that PPS 3 is clear on the criteria for exception to AMP 3 for a new or intensified access onto a protected route including regional significance.

11.3 The Strategic Planning Policy Statement for Northern Ireland (SPPS) also confirms the primacy of the area plan unless material considerations indicate otherwise which the case here where the Regional Development Strategy 2035, Regional Transport Strategy, Regional Transport Network Transport Plan and PPS3 all postdate the Strabane Area Plan and support the importance of the regional transport corridors.

11.4 The proposal is contrary to Planning Policy Statement 3, Access, Movement and Parking, Policy AMP 3 - Access to Protected Routes in that it would, if permitted, result in the creation of a new vehicular access onto a Protected Route and Key Transport Corridor, thereby prejudicing the free flow of traffic and conditions of general safety.

11.6 The application was initially accompanied by Transport Assessment based on the proposed accessing of the onto the by-pass, given that the proposal does not meet the requirements of AMP 3, the information submitted did not establish whether the proposed development had satisfactory access arrangements, car parking and servicing. DfI advised in October 2019, that notwithstanding the principle of entering onto the protected route, there were a number of issues to be addressed or updated in the Transport Assessment submitted in support of this application. These included the following:

 The A5 Great Northern Link route remains a protected route until future proposals are in operation and access arrangements need to be given careful consideration and discussed with DfI Development Control.  The TA should demonstrate that weekday AM & PM peak background traffic combined with any use of the proposals facilities during these times will not exceed match day impacts to the network.  A trip rate linked to car occupancy rates for parking requirements may not allow for drop off trips during match times which may need to be taken into consideration given that the proposed site does not have nearby public transport links in operation during match days.  How has traffic from visiting NIFL clubs been considered?

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 DaTA Section recommend that the TA should confirm the number of parking spaces proposed and the class within the “Parking Standards” document used to calculate this.  No details have been provided of the parking management system. Details should be provided to ensure that queuing onto the road network will not occur during peak times.  It is critical that the consultant discusses and agrees parking provision and parking layout with DfI Roads Development Control and Planning Service.  Facilities and provision for service vehicles accessing the proposed development must be taken into consideration.  The proposal should provide improved pedestrian & cycle facilities where possible to encourage modal shift as well as to enable all non-motorised users, including mobility impaired & disabled users’, safe access to the proposed site. Any proposed changes to the external pedestrian footways and site access must be agreed with DfI Roads Development Control.  A Travel Plan should be provided for the proposal.  The development access and internal layout may require a Road Safety Audit to robustly assess the safety of all road users.

11.7 The application was presented before Planning Committee 1st July 2020 with a number of roads related refusal reasons. In addition to the refusal reason based on the principle of accessing the protected route, as per AMP3, there were a number other refusal based on the adequacy of the Transport Assessment and technical access, parking and movement details. It was resolved that the application would be deferred to allow the applicant to submit a revised TA and amended plans relating to the access. 11.8 A revised TA and an amended right hand turning lane were submitted in December 2020. DfI Roads were re-consulted and have advised that they maintain the view that the application is contrary to AMP 3 as set out above. 11.9 In relation to the TA and right hand turning lane, DfI Roads have carried out a broad review and have made the following comments which are set out in paras 11.10 – 11.12 below.

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11.10 Transport Assessment

 The stadium seating has reduced from 500 to 300 which is a 40% capacity reduction and, while the modelling and maths have not been checked, this has consequently reduced the trips and traffic impacts. In the opinion of DfI Roads, this further reduces the likelihood that the football pitch will attract regionally significant soccer events. Furthermore, this capacity is closer to the capacity approved for the Melvin Park facility approved by Council as LA11/2019/0685/F.

 No travel plan nor service management plan have been submitted

 The 135m x 65m arena building is stated to be entirely for community and non-commercial use so no traffic will be generated from outside Strabane Town

 There are several inconsistencies between the planning submissions and the TA with respect to the facility and trip origins.

11.11 Site Access

The access layout submitted for the proposed access from the A5 to the site does not demonstrate that it meets the design standard required for a vehicular access from a trunk road and to provide a safe access. DFI comments include:

Design Parameters Table

 The incorrect design standard has been used. The Designer has used TD42/95 which was superseded by CD123 in August 2019. Although this application pre-dates the revised design standard, the current layout was only produced in November 2020 and is a significant re-design from the original submission, therefore it should be to the current standards set out in the DMRB.  Road design speed incorrect – It should be 85A.  Sign posted speed incorrect – It should be 50mph.  Ghost island taper incorrect – It should be 1:25.  The turning length must include queuing capacity as identified in the TA. 10 metres is the minimum length and does not account for queuing.

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11.12 Layout

 The ghost island junction has been formed to one side, rather than two sides as detailed in CD123.  The turning length has been shown incorrectly – It should be shown from the centre of the access and should include queuing capacity as required.  The deceleration length, direct taper and ghost island taper are all incorrect due to point 7 above.  Visibility splays from the access have not been shown in their entirety.  The use of 4.5m ‘x’ distances requires justification for its reduction.  The visibility splay in the critical direction from Castle Grange has not been shown correctly – It should have a 160m ‘y’ distance.  The gradient of the access must not exceed 4%. This has not been demonstrated.  Corner radii and corner radii tapers have not been shown correctly.  Drainage has not been detailed at the access.  Existing services are to be relocated off the carriageway rather than ‘strengthened’ as detailed.  Pedestrian refuge islands are not permitted on a road with a speed limit greater than 40mph.  Insufficient detail is provided for non-motorised user connections to the site.  The refuge island in the centre of the access has not been designed to accommodate cyclists (the access severs the existing cycleway).  Incorrect notes on drawing and legend.  The road works must be to the DMRB standard rather than the Private Streets construction details noted.  Swept paths have not been provided.  The site boundary (red line) may not be sufficient to include the correct ghost island junction design.  A Road Safety Audit to minimum Stage 1 is required to be approved now in accordance with the DMRB as the A5 is a Trans-European network route as well as a Key Transport Corridor, Trunk Road and Protected Route.  The alignment of the internal access road may not be sufficient for the scale and nature of the vehicles accessing the site.

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Environmental Health

11.13 Environmental Health have no objections and they have provided a condition and informatives regarding noise, contamination, floodlighting and dust.

Rivers Agency

11.14 Rivers Agency have no objections in principle as the site does not lie within a flood plain. However, given the scale of the proposal, they have requested the submission of a Drainage Assessment. They have also indicated that an undesignated watercourse, the Urney, runs through the site and have asked that a plan is submitted showing a 5m maintenance strip. Whilst the drainage assessment has been submitted, Rivers have indicated that the assessment lacks the inclusion of proof of discharge consent, which is a requirement under PPS 15. Whilst the above issues are outstanding at the time of making a recommendation, they are resolvable.

Loughs Agency

11.15 Loughs Agency have no objection subject to a conditions and informatives in relation to discharge from the site.

NI Water

11.16 NI Water have not raised any objections. Informatives provided.

NIEA

11.17 Water Management Unit is content with the proposal subject to a condition requiring the submission of a method of works statement prior to the commencement of works, as well as standard informatives referring to relevant statutory permissions and standing advice.

11.18 Natural Environment Division (NED) advised at pre-application stage the following information was required for the assessment at application stage:

-An outline Construction Environmental Management Plan (CEMP) -Badger survey, bat survey and habitat survey -Floodlighting plan in respect of bats

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11.19 NED advised in the initial response dated 17th April 2018 that the site was within 800m of River Foyle and Tributaries Special Area of Conservation (SAC)/ Area of Special Scientific Interest (ASSI), which is of international importance and national importance and is protected by the Habitats Regulations and Environment (NI) Order 2002. They also noted that surveys relating to Bats and Badgers had not been submitted as part of the outline application. As such, the following information was needed for them to make a full assessment of the proposal:

-A Preliminary Ecological Appraisal (PEA) to be carried out by a suitably qualified ecologist to NIEA specifications and CIEEMS guidelines -Further information regarding whether or not any artificial lighting is proposed for the site -Information in relation to watercourse raised in Rivers Agency response -A site drainage plan

11.20 A Preliminary Ecological Appraisal (PEA) was submitted in August 2018 and NED were re- consulted. Having reviewed the contents of the PEA, they advised in October 2018, that is was the view of NED that there was insufficient information for the planning authority to undertake a robust Habitats Regulations Assessment and for NIEA to undertake an assessment on any additional ASSI features.

11.21 NED set out in their response of October 2018 that the following information should be submitted by the applicant:

1. Bat activity surveys of the site. 2. A revised site drainage plan clearly indicating the site’s storm drainage, including appropriate treatment to be installed such a hydrocarbon interceptors and silt traps. 3. Details on the construction of the site access road over the onsite ditches, to include specific details of any culverting and other works such as excavations. 4. Details of pollution management measures to be employed during construction works in close proximity to and within watercourses for example the use of silt fences and coffer dams respectively. 5. A preliminary Construction Environmental Management Plan (CEMP) shall be submitted by applicant/ approved contractor to the planning authority. This should identify the perceived risks to the aquatic environment, potential pollution pathways and mitigation measures to negate such risks. It should include (list is not exhaustive);

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-A Construction Method Statement (CMS)

- Pollution Prevention Plan

-Site Drainage Plan

-Spoil Management Plan

-Environmental Emergency Plan

- Water Quality Monitoring Plan

- Details of the appointment of an Ecological Clerk of Works.

11.22 Additional information including Drainage Plans and discharge consent letter were submitted in August 2019 and a bat survey was submitted in February 2020.

11.23 NED responded in June 2020 to advise that the bat survey was sufficient and thus addressed point 1 of the October 2019 NED response. Conditions have been provided.

11.24 NED provided a further response in July 2020 advising that they reviewed all the submitted information again, including the PEA and the drainage information (submitted in August 2019). They advised that the information requested in their October 2018 response had not been addressed and they were therefore unable to determine an absence of impacts on the internationally and nationally designated sites. In short, points 2-5 of the October 2018NED request had not been addressed and NIEA were unable to determine impacts on designated sites and thus the Council are unable to complete its duty as the competent authority in assessing the application under the Habitats Regulations.

11.25 The application was originally put before Planning Committee in July 2020, with a recommendation to refuse which included reasons for refusal relating to NED’s concern regarding lack of information relating to their October 2018 requests. It was resolved that the application would be deferred to allow, amongst other things, the applicant to submit the outstanding information from October 2018 request.

11.25 Additional information in the form of a revised Preliminary Ecological Assessment (PEA), a Habitats Regulation Assessment (HRA) and a Construction Method Statement were submitted on 12th November 2020. NED were re-consulted and have concluded that they considered the submitted reports and have considered the impacts of the proposal on designated sites and other

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natural heritage interests and, on the basis of the information provided, has no concerns subject to conditions. Conditions relate to the submission of a final detailed CEMP, lighting details, landscape details and details re: protected species.

11.26 Water Management Unit also considered the submitted information and whilst they raised some queries, they advised that these could be incorporated into a suitable condition and addressed via the submission of a final CEMP.

Shared Environmental Services

11.27 SES advised that the planning application is being considered in light of the assessment requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended) by Shared Environmental Service (SES) on behalf of Derry City and Strabane District Council which is the competent authority responsible for authorising the project and any assessment of it required by the Regulations.

11.28 SES were re-consulted in relation to the submission of the revised PEA, HRA and CEMP submitted in November 2020.

11.29 Having considered the nature, scale, timing, duration and location of the project it is concluded that, provided mitigation is conditioned in any planning approval, the proposal will not have an adverse effect on site integrity of any European site.

11.30 The recommended mitigation measures relate to the imposing of conditions relating to submission of a final detailed CEMP (incorporating WMU comments), an updated drainage plan, a pitch maintenance plan (including pollution prevention measures) and confirmation from NI Water in relation to foul waste capacity of the network in the context of the proposal.

12. Planning Assessment and Other Material Considerations 12.1 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 Strabane and within land zoned for housing in accordance with Paragraph 28.7.6 of the Strabane Area Plan 1986-2001. This

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proposal has therefore been assessed against the policy framework listed in paragraph 10 and all other material considerations including consultation responses, planning history and letters of support.

Details of the proposal

12.2 Whilst this is an outline application the applicant has provided indicative plans of the proposed development and a degree of detail has been provided in the description, which states that the proposal is for a “Proposed multi-sport indoor/outdoor facility (circa 45,000 sq ft) incorporating wellbeing centre, community/youth facilities, full size indoor 6G pitch, fitness suite, sports hall, conferencing, office accommodation, exhibition and events space”. The indicative plan gives further indication of what the “outdoor facility” entails and it shows a full size outdoor pitch, with associated spectator facilities. The indicative plans also show surface level car parking on the site in the form of 3no. separate parking areas linked by an internal access road. Figure 9 shows the indicative layout. The revised Transport Assessment of December 2020 refers to a revised capacity of the stands of 300 persons. Initially the proposal was based on 500 capacity. However, no detailed plans are submitted to confirm this.

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Figure 9: Indicative layout of site

ACCESS ROAD 12.3 The development shall be accessed by all forms of movement via a new proposed access off the Great Northern Link road or otherwise known as the Strabane A5 bypass. This road is identified as a protected route in PPS 3 (see Figure 10). The proposal does not indicate any additional pedestrian/ cycle accesses in the submitted indicative plans.

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Figure 10: Protected Routes Northern Ireland Strabane Area Plan 1986-2001 12.4 The site lies within what remains of land zoned for residential development in the Strabane Area Plan 1986-2001 under Paragraph 28.7.6. The following overview of the zoning is set out at Paragraph 28.7.6:

‘Development within the major housing zonings at Castletown and Melmount comprising 27.3 hectares, will be largely dependent on the provision of sewerage infrastructure and implementation of Phase II of the by-pass road proposals, although within the former area, there may be limited opportunities off Urney Road and Castletown Road’……’landscaping and planting to provide a buffer zone long the proposed by-pass, and to break up development into discrete areas, will be a requirement of all development proposals.’

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Figure 11: Zoning in question is shown in brown and marked 28.6.7 on the above SAP map.

12.5 A significant proportion of this zoning has been developed as residential to date. The Castletown area referred to above has been fully developed as a residential area. The Melmount area has been partially developed as residential in early 1990s, in the northern area of the zoning in the residential area now known as Ardnalee Park. It also appears that a small area of residential zoning in the southern portion of the zoning has been developed as part of the Holy Cross College re- development. Overall approximately 6ha of the residential zoning remains. If the proposal were developed in accordance with the indicative site layout a further 3.72ha of the zoning would be developed, leaving 2.28ha within the zoning.

12.6 As noted above, 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 majority of the residential zonings within the Strabane

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Area Plan have been completed or have committed residential permissions on them. The 6ha remaining within this zone is one the few remaining zoned residential areas within Strabane.

12.7 The applicant has provided examples of what they believe to be materials considerations that ought to outweigh the legislative requirements of the Planning Act and the zoning within the Strabane Area Plan. They are summarised as follows:

 SAP is out of date  Site not sold or developed during the ‘boom’ period of the early 2000s.  Development of the site as residential is dependent in gaining access via the field closest to the by-pass. The applicant has indicated that the land is owned by Church, who have indicated to them that they would only allow access through their land if the adjacent development brought community benefit to the parish.  Precedent already set on other zonings within Strabane where alternative uses have been granted on zoned land.  No suitable sites are available within Strabane for the proposed use

12.8 The Strabane Area Plan is the existing statutory development plan and as such is not “out of date”. The Council must make its decisions based on its contents until such times that a new Local Development Plan is adopted for the District. Whilst the site was evidently not developed for its intended purpose during the plan period or during the ‘boom’ period, there are many factors that will dictate if and when a site is developed. These may include lands ownership, availability of other sites, competing interests, suitably of site for their purposes, access to capital amongst a range of other factors. Whatever the case is, it would be speculation for one to base a decision as to why a “developer” did not come forward to develop this during the plan period. It is accepted that the remaining 6ha of residential land is split between two separate land owners, with the Church owning the long field adjacent to the by-pass. In order to create an access to the by-pass, a developer would need permission of the owner to build. A letter was submitted by Fr Michael Doherty Parish Priest for the Parish of Mourne and the following points were made:

a. The Parish has agreed access across our lands to Strabane Athletic for this outline application b. These lands will be otherwise landlocked.

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c. As a Parish we promote and support community and cross community enterprises which would enhance the local community and support our young people. d. The Parish would only provide such an access to a community group such as Strabane Athletic for community betterment e. The Parish would not permit access for non-community use.

12.9 It is clear from the above that the Parish holds control of access to the bypass from the larger field that the application seeks to develop. Although not explicitly stated in the SAP, it is implied that the Melmount zoning was to access via the new by-pass. That been said, it did not preclude access via other means and this is evident in the development of the zoning at Ardnalee Park, which accesses through the existing residential area at Lisnafin Park. The only means of “access” from the larger field at present is an existing overgrown laneway at the north west corner of the site. This is currently not suitable for vehicular access, however, it has not been discounted as a suitable entry for residential development. It has been discounted as a suitable access for the proposed development by the applicant’s engineer and DfI, given that that the access and movement requirements for coaches etc could be not be accommodated in this location. If it was demonstrated that this location or other less likely, but possible, accesses points via Melmount Gardens or Ardnalee Park were viable, then the larger field could not be described as inaccessible and therefore remove the need to access the by-pass.

12.10 The applicant has also stated that precedent already set on other zonings within Strabane where alternative uses have been granted on zoned land. Having looked at the zoned housing land in the SAP, I can identify two sites where part of the zonings were developed for non-residential uses. The first site is within same zoning, where approximately 1.97ha of the zoning has been incorporated into Holy Cross College. The second site is within the zoning at Paragraph 28.7.7 of the SAP, which is described as “east of Ballycolman Nursery School”. Approximately 1.6ha of 43.ha of the zoning has been developed as part of Sigerson’s GAA grounds. Both applications were approved by the former Department of the Environment prior to the transfer of planning powers to local government. The former application was approved under J/2004/0163/O and was approved in September 2004. The latter application was approved under J/1991/0331 as a “change of use from agricultural land to gaelic football pitch and ancillary parking” in January 1992. Both applications involved relatively small portions of land in the context of the overall housing provision of the Strabane Area Plan and both decisions were made prior to the

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introduction of a plan led system brought in under the Planning Act 2011 and enacted upon transfer of powers in 2015.

12.11 The applicant has also stated in support of the application that no suitable lands are zoned or available within Strabane for a development of this nature. They have provided a number of examples of zoned recreational land and the reasons why they are unsuitable for their purposes. The reasons given include the size of the sites, availability of the sites, suitability/ topography of sites and peripheral location of sites. No overarching planning policy reasons were presented in respect of the suitability of the sites. The proposed development is for a major intensive sporting facility and therefore the policy consideration in relation to the location of such facilities is set out in OS 4 of PPS 8. This policy states that the development of such will only be permitted “where these are located within settlements”. The proposal does allow for an exception to locate outside the settlement development limits where the proposal is for a “sports stadium”. The proposed development proposes a modestly scaled outdoor stadium, with spectator areas on all 4 sides, as well a full sized indoor arena. OS 4 states in relation to this exception that:

12.12 An exception may be permitted in the case of the development of a sports stadium where all the following criteria are met:

a. there is no alternative site within the settlement which can accommodate the development; b. the proposed development site is located close to the edge of the settlement and can be clearly identified as being visually associated with the settlement; c. there is no adverse impact on the setting of the settlement; and d. the scale of the development is in keeping with the size of the settlement.

12.13 Based on the description, scale and indicative plans submitted with the application, it is considered that is reasonable to view the proposal as an exception under OS 4 and therefore in that case the applicant would be within reason to consider alternative sites on the edge of Strabane given the proposed site and the zoned recreation sites are not suitable for accommodating the proposal. As such it does not stand to reason that the proposed site is the only suitable site in the locality. Even taking away the prospect of such exceptional circumstances, it is considered that the planning constraints associated with this site in terms of removing

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housing land and access onto a regionally important protected route (which will be presented later in report) present considerable hurdles on par or greater than the constraints raised by the applicant in relation to other sites identified in their supporting case.

12.14 Overall and having considered the case put forward and the similar points raised in the letters of support in relation to allowing this development on zoned housing land, it is on the balance the opinion of the planning section of Council that the land should be retained for housing purposes. The objectives of the SAP included the following:

 to identify sufficient land for new housing,

 to provide a choice of housing sites in convenient locations to support the provision of a range of dwelling types to meet different housing needs

12.15 Evidence suggests that most of the zonings have been developed or have commitments for housing and approximately 30.1 hectares out of the original 105ha of housing land remain. This site is one last remaining sites within the urban footprint of the settlement and alternative windfall sites such as former schools/employment areas have commitments for housing. There is limited scope within the town for housing and limited policy provision to consider housing land outwith the settlement limits.

12.16 The material considerations presented by the applicant do not outweigh the plan designation and as such the proposal is contrary to the Strabane Area Plan 2001 in that, if allowed, it will result in the loss of zoned housing land, significantly prejudicing local plan policy on designated housing zonings

Planning Policy Statement 3 (Clarification): Access, Movement and Parking

12.17 Policy AMP 3 Access to Protected Routes is a major consideration in the assessment of this proposal. The proposed development seeks to access onto the Strabane by-pass, which is an identified protected route. Policy AMP 3 states that it will will restrict the number of new accesses and control the level of use of existing accesses onto Protected Routes and identifies a number of types of protected routes and the policy criteria relevant to them. DfI have confirmed that Strabane by-pass falls under the description of “Other Dual Carriageways, Ring Roads, Through- Passes and By-Passes – All locations” and as such proposals looking to access onto it must satisfy the following policy criteria:

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“Planning permission will only be granted for a development proposal involving direct access or the intensification of the use of an existing access in exceptional circumstances or where the proposal is of regional significance”

12.18 The Strategic Planning Policy Statement for NI (SPPS) provides further guidance on this matter by stating that one of the regional strategic objectives for transportation and land-use planning is to “restrict the number of new accesses and control the level of use of existing accesses onto Protected Routes”.

12.19 The applicant has made a case the proposed development would be regionally significant. In support of this case the applicant has submitted a supporting document in February 2020. The document refers to a number regional documents including the Draft Program for Government 2016, NI Economic Strategy 2012, Draft Tourism Strategy to 2020, Regional Development Strategy 2035 (RDS), Strategic Planning Policy Statement (SPPS), PPS 16 Tourism, Economic Development Action Plan and Tourism Development Plan. The supporting statement outlines that the proposal meets many of the objectives and outcomes of these regional documents, however none of the documents have specifically identified the proposal or have identified it as a regionally significant project.

12.20 PPS 3 does not define “regionally significant”. The Strategic Planning Policy Statement for Northern Ireland (SPPS) advised at Paragraph 1.12 that:

Any conflict between the SPPS and any policy retained under the transitional arrangements must be resolved in the favour of the provisions of the SPPS. For example, where the SPPS introduces a change of policy direction and/or provides a policy clarification that would be in conflict with the retained policy the SPPS should be accorded greater weight in the assessment of individual planning applications. However, where 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.

12.21 The Strategic Planning Policy Statement for Northern Ireland (SPPS) sets out that there is a hierarchy of development for all planning applications which includes:

 regionally significant development;

 major development; and

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 local development.

12.22 Regionally significant developments form the top tier of development proposals. These developments have a critical contribution to make to the economic and social success of Northern Ireland as a whole, or a substantial part of the region. They also include developments which have significant effects beyond Northern Ireland or involve a substantial departure from a LDP. These applications are determined by the Department with the decision taken by the Minister. Section 26 of the Planning Act allows applicants to apply to the Department to be considered a regionally significant application, whilst Section 29 allows the Department to “call-in” applications, which they determine to be regionally significant. It should be noted that at PAD stage the applicant was advised that it was the opinion of the Council that the application was likely to fall under the description of “major development”.

12.23 SPPS also reiterates the test of ‘regional significance’ in relation to protected routes. It seems reasonable and logical that given that here is no detailed definition of regional significance in PPS 3, that weight would be given to the description as set out in the overarching planning policy document that is the SPPS and that proposal is weighted against the relevant criteria as set out in Paragraph 5.44 of SPP.

12.24 It is accepted that the proposal is a major development in that the scale and nature of the proposal would have important social and economic implications for the Council area. However, it has not been demonstrated that the proposal will be “critical” to the regional economy or social success of NI. It is not included in any strategic development plans of the governing sporting organisation, IFA and it is not included in any strategic or statutory plans of the Executive. Whilst the proposal will have effect beyond Northern Ireland, due to Strabane’s border location, it is not likely to have “significant” effect in that any effects would be in terms of draw from the natural catchment area, which geographically would include parts of Donegal.

12.25 It is also prudent to weigh up such matters against the regional significance of the by-pass itself. Department for Infrastructure Road have advised that “protected routes” policy is a long established policy approach designed to maximise the efficient movement of goods and people over long distances in the North and also maintain road safety.

12.26 The A5 forms part of the Western Key Transport Corridor which links Derry and the north west to the border just south of Aughnacloy and due to its significance it has protected route status as

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reflected in regional planning policy. It is one of five Key Transport Corridors in Northern Ireland, which are the top tier long distance routes connecting the cities and main towns to the major regional gateways. These routes contribute significantly to economic prosperity and it is important they are protected for this function.

12.27 Whilst the proposal would be a “major” development for Strabane and the wider Council area, having considered the supporting statements it does not on balance meet the description of “regional significance” as set out in the SPPS and the Planning Act and therefore in officer’s opinion does not meet the meaning of regional significance in PPS 3.

12.28 PPS 3 also sets out that planning permission will only be granted for direct access onto a direct route “in exceptional circumstances”. The applicant has put forward that this is the only site available for such a facility, that the site is landlocked and that housing land cannot be delivered. It has already been considered in this report that, given the nature of the proposal, that other sites than those explored by the applicant may be acceptable locations for such a development. It has also been considered earlier in the report that whilst a proposal of the nature of the proposal presented could only access onto the by-pass, the delivery of the housing land by other means of access has not been suitably discounted.

12.29 The applicant has raised the accessing of Castle Grange Park onto the By-pass as a precedent in this case. The ‘Protected Route’ status of the A5 status was assigned before the bypass was built as stated in Section 31.5 of the Strabane Area Plan published in 1989. Section 9.9 also stressed the strategic importance of the A5 or, as it was referred to then in trunk road terminology, Omagh- Strabane-Londonderry road (T3).

12.30 Section 28.7.6 of the plan deals with Castletown’s Castle Grange Park which was zoned prior to the commencement to the second phase of the A5 bypass. It is evident that from the wording of this section of the plan that it was the intention at some stage that the Castletown side of the zoning could access onto the new by-pass:

Development within the major housing zonings at Castletown and Melmount comprising 27.3 hectares, will be largely dependent on the provision of sewerage infrastructure and implementation of Phase II of the by-pass road proposals, although within the former area, there may be limited opportunities off Urney Road and Castletown Road’.

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12.31 Both the Strabane Area Plan zoning and construction of the Strabane by-pass pre-date PPS 3 and AMP 3. It is reasonable to conclude that at plan preparation stage some discussion would have taken place concerning the acceptability of the residential developments entering onto the planned by-pass. Given that the AMP 3 test of regional significance or exceptionality did not exist at that time, these were not matters to be weighed up in the determining the outcome as set out in the plan. PPS 3 and AMP 3 would have been material considerations in determining the planning applications at the Castletown zoning. The main application entering onto the by-pass was approved in under J/1997/0299, some years prior to the completion of Stage II of the by-pass in 2003.

12.32 Overall and having weighed all material considerations it is not considered that this proposal is either of regional significance or an exception to AMP 3. Therefore, the proposal in contrary to Protected Routes Policy as set in AMP 3.

Other Road Issues

12.33 As stated earlier in the report, an updated Transport Assessment was submitted in support of the application. At this point of the processing of the application insufficient information is contained within the TA for DfI to determine a number of key factors including access, parking and servicing of the proposal. Therefore, the proposal, as it stands, would be contrary to AMP 2 in terms of demonstrating the provision of a safe access and AMP 7 in terms of demonstrating adequate parking and servicing arrangements

Natural Heritage Considerations

12.34 As detailed in the consultation section of the report, additional reports have been submitted in November 2020, which now address the concerns of NED and SES. Subject to conditions and the submission of additional information at later stages of the planning process officers are now satisfied that the proposal is now compliant with the Habitat Regulations and subsequently PPS 2 and SPPS.

Page 120 Appendix 6

Other PPS 8 Considerations 12.35 The policy provisions of OS 4- Intensive Sports Facilities and OS 7- The Floodlighting of Sports and Outdoor Recreational Areas will be material considerations in this application. 12.36 OS 4 advises that in all cases the following criteria must be met:

i) there is no unacceptable impact on the amenities of people living nearby by reason of the siting, scale, extent, frequency or timing of the sporting activities proposed, including any noise or light pollution likely to be generated; ii) there is no adverse impact on features of importance to nature conservation, archaeology or built heritage; iii) buildings or structures are designed to a high standard, are of a scale appropriate to the local area or townscape and are sympathetic to the surrounding environment in terms of their siting, layout and landscape treatment; iv) the proposed facility takes into account the needs of people with disabilities and is located so as to be accessible to the catchment population giving priority to walking, cycling and public transport; and v) the road network can safely handle the extra vehicular traffic the proposal will generate and satisfactory arrangements are provided for site access, car parking, drainage and waste disposal.

12.37 In relation to (i) the proposed site is adjacent to residential properties at Ardnalee Park to the north and Melmount Gardens to the south. In both cases the properties back onto the site. The indoor arena appears to be well positioned and will be at least 70m away from the nearest residential boundaries to the north in Ardnalee Park. The outdoor facilities appear to be closer and the concept plans shows a spectator area within approximately 30m of the rear of the properties of Ardnalee Park. This appears to be adequate in terms of separation, though it may be necessary to consider conditioning the scale of any structures/ stands that may be proposed at reserved matters stage. There has been an additional representation received on the 21st January 2021 the adjacent school to the south of the site. They have requested that a suitable barrier is constructed on the shared boundary so as to avoid privacy/ safeguarding issues. Given the scale and nature of the proposal, this could be deemed reasonable at this location and also at other points where proposal shares common boundaries with residential and educational uses. A suitable condition re: provision of boundary treatment at reserved matters can be added.

Page 121 Appendix 6

12.38 In terms of the extent, frequency or timing of sports activities the information submitted with application is fairly limited at this stage, though the TA does provide some clarity on a number of matters. The original TA advised that the applicant is working towards the IFA Championship licence for the outdoor element, which has a lower limit of 500, a figure that the TA advises that the applicant is aiming for. The most recent submission suggests a reduction in the outdoor capacity of the stand to 300. This is a very modest and whilst no details are given on the frequency of games, it is generally accepted that would be in line with a normal soccer season- the NIFL has 12 teams and teams play 30 games. Therefore, it would likely to be 15 fixtures over a 6/7 month period or around 2 games per month. The applicant has advised that gym and community facilities would not be for commercial use and would be mostly accessed by club members. The unknown in terms of frequency relates to the invitational competitions, events and exhibitions. However, it would be probable that these would be less in frequency and in any case the singular access arrangements as proposed would mean that the visitors would not be actively passing through nearby residential areas. EHD and NED have no issues with noise/ lighting subject to conditions.

12.39 In terms of (ii) as outlined earlier in the report, it has now been demonstrated that there is no adverse impact on features of importance to nature conservation

12.40 In relation to (iii) as this as this an outline no confirmed details of the building have been submitted. This will be dealt with at Reserved Matters stage.

12.41 With regards (iv) & (v,) on the basis of the information thus far received in the TA, it has not been demonstrated to the satisfaction of DfI and Officers that the proposal takes into account the needs of people with disabilities and is located so as to be accessible to the catchment population giving priority to walking, cycling and public transport; and the road network can safely handle the extra vehicular traffic the proposal will generate and satisfactory arrangements are provided for site access, car parking, drainage and waste disposal.

12.42 In conclusion the proposal, as it stands, is contrary to OS 4 of PPS 8.

12.43 In relation to OS 7 the following policies tests were considered:

OS 7 will only permit the development of floodlighting associated with sports and outdoor recreational facilities where all the following criteria are met:

Page 122 Appendix 6

1. there is no unacceptable impact on the amenities of people living nearby; 2. there is no adverse impact on the visual amenity or character of the locality; and 3. public safety is not prejudice

12.44 EHD and NED have considered the proposal and at this outline stage are content subject to conditions and submission of further details at reserved mattes stage.

SPPS/ Amenity 12.45 I consider that the development will not have a significantly detrimental impact upon the residential amenity of the surrounding residential properties in terms of noise or light disturbance. A noise assessment has been submitted in support of the application. Environmental Health have not cited any objections to the development in terms of noise or the proposed floodlighting. Conditions have been provided by EHD in relation to noise and an informative shall be attached to any planning approval to advise the Council to ensure that all floodlighting associated with the development is situated, optically controlled and directed in such a manner to prevent any adverse impacts upon the amenity of nearby residential properties. The proposal complies with OS 7 of PPS 7 and the SPPS. A suitable condition can be added in relation to boundary treatment/ screening in relation to neighbouring residential and educational uses.

Flood Risk 12.46 This site is within close proximity of a watercourse designated in accordance with the Drainage (Northern Ireland) Order 1973. Rivers Agency advise that there is potential for surface water flooding as indicated by the surface water layer of the Strategic Flood Map and it is the developer’s responsibility to assess the flood risk and drainage impact and to mitigate the risk to the development and any impacts beyond the site. The applicant submitted a Drainage Assessment in support of the application. Rivers Agency have no objections in principles as the site does not lie within a flood plain. RA have also indicated that an undesignated watercourse, the Urney, runs through the site and have asked that a plan is submitted showing a 5m maintenance strip. Whilst the drainage assessment has been submitted, Rivers have indicated that the assessment lacks the inclusion of proof of discharge consent, which is a requirement under PPS 15. Whilst the above issues are outstanding at the time making a recommendation, there are relatively minor and may be dealt with through negative conditions.

Page 123 Appendix 6

13. Conclusion and Recommendation 13.1 Having considered the proposal against policy and all material considerations, refusal is recommended as set out in the refusal reasons set out below.

14. Refusal Reasons 1) The proposal is contrary to the Strabane Area Plan in that it would, if permitted, result in the loss of zoned housing land, namely the Melmount zoning as set out at Paragraph 28.7.6

2) The proposal is contrary to Planning Policy Statement 3, Access, Movement and Parking, Policy AMP 3 - Access to Protected Routes and the SPPS in that it would, if permitted, result in the creation of a new vehicular access onto a Protected Route and Key Transport Corridor, thereby prejudicing the free flow of traffic and conditions of general safety.

3) The proposal is contrary to Planning Policy Statement 3, Access, Movement and Parking, Policy AMP 2 - Access to Public Road, in that it would, if permitted prejudice the safety and convenience of road users since it has not been demonstrated that access and exit arrangements for the site can be provided.

4) The proposal is contrary to Planning Policy Statement 3, Access, Movement and Parking, Policy AMP 7- Car Parking and Servicing Arrangements, in that it would, if permitted prejudice the safety and convenience of road as it has not been demonstrated that car parking and servicing arrangements for the site will not impact on the free flow of traffic on the Protected Route and Key Transport Corridor.

5) The proposal is contrary to Planning Policy Statement 3, Access, Movement and Parking, Policy AMP 2 - Access to Public Road, in that it would, if permitted prejudice the safety and convenience of road users since it has not been demonstrated that access and exit arrangements for the site can be provided.

7) The proposal is contrary to Planning Policy Statement 8, Open Space, Sport and Recreation, Policy 0S –Intensive Sports Facilities, the proposed facility takes into account the needs of people with disabilities and is located so as to be accessible to the catchment population giving priority to walking, cycling and public transport; and the road network can safely handle the extra

Page 124 Appendix 6 vehicular traffic the proposal will generate and satisfactory arrangements are provided for site access, car parking, drainage.

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Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 24th March 2021

APPLICATION No: LA11/2021/0070/A

DATE OF APPLICATION: 11th January 2021

APPLICATION TYPE: Advertisement

PROPOSAL: Retractable Awning with bar name advertised as part of awning

LOCATION: The Castle Inn, 48 Main Street, Castlederg, Co Tyrone

APPLICANT: Derek R Hussey

AGENT: Gravity Architects

RECOMMENDATION: Approve

REASON FOR PRESENTATION TO COMMITTEE: Applicant is an Elected Representative of DC&SDC

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 This proposal is for the provision a retractable awning with the bar name and logo advertised on the awning. The awning will extend out from the front elevation of the building, and as it is retractable it can fold back when not in use. The proposal is in response to the restrictions placed by the COVID-19 pandemic.

2. E.I.A Determination This application has been screened by Council and as the development is not within a category listed in either Schedule 1 or Schedule 2 of The Planning (Environmental Impact Assessment)

Page 127 Appendix 7

Regulations (Northern Ireland) 2015, it is therefore considered that an EIA determination is not required. 3. HRA 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 any European site.

4. Site & Surroundings The site is located within the development limits and town centre of Castlederg as defined in the Strabane Area Plan (SAP) 2001. The building in question is a public house which is finished in a smooth render with a grey stone along the front elevation. The site is also within an archaeological site and monument zone.

Figure 1 – Site location Plan

Page 128 Appendix 7

Figure 2- Proposed Floor Plan

Page 129 Appendix 7

Figure 3 – Proposed Signage Details

Figure 4 – Proposed Signage Details

Page 130 Appendix 7

Figure 5- View from footpath of the existing public house

5. Constraints Archeological Site and Monument Zone.

6. Neighbour Notification Advertisement consents do not require neighbour notification.

7. Representations No representations received.

8. Planning History J/1977/0032: Extension to lounge bar- Approved. J/1978/0173: Extension to licensed premises- Approved. J/1999/0408/F: Replacement pitched roof to rear of public house- Approved.

Page 131 Appendix 7

9. Consultations DFI Roads have been consulted as the proposed awning will extend out above the public footpath. They have no objections to approval being granted subject to standard conditions and informatives.

10. Planning Policy Framework

SPPS – Strategic Planning Policy Statement (NI) 2015 Strabane Area Plan (SAP) 2001 PPS 3 Access, Movement and Parking PPS6 Planning, Archaeology and the Built Heritage PPS 17 Control of Outdoor Advertisements. – Policy AD 1 Amenity and Public Safety

11. Planning Assessment & 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.

Section 3 (1) of The Planning (Control of Advertisements) Regulations (Northern Ireland) 2015 requires the Council to make planning decisions in accordance with the local development plan as far as they are material, and any other relevant factors.

The SPPS is a material consideration and provides advice on the control of advertising and acknowledges that adverts can contribute to a vibrant and competitive economy. All advertisements affect the character and appearance of the building or place where they are displayed. Given the potential impact of outdoor advertising on amenity, both positive and negative, there is a need to balance the requirements of the industry with the protection and, where possible enhancement of the character and appearance of our cities, towns and villages. There is a corresponding need to ensure that advertisements will not prejudice public safety.

Page 132 Appendix 7

Planning Policy Statement 17 – Control of Outdoor Advertisements

This PPS sets out the planning policy and guidance for the control of outdoor advertisements. It complements the Government’s commitment to securing a competitive economy whilst affording appropriate protection to amenity and public safety including road safety. The policy objectives are to ensure that outdoor advertisements respect amenity and do not prejudice public safety and help everyone involved in the display of outdoor advertisements to contribute positively to the appearance of a well cared for and attractive environment in our cities, towns, villages and the countryside.

The policy aims to ensure that care is taken with the use of outdoor advertisements so that they do not prejudice amenity or public safety whilst still encouraging the provision of well designed advertising which respects the building or location where it is displayed and which contributes to a quality environment.

Policy AD 1 deals with amenity and public safety. Consent will be given for the display where:

(i) It respects amenity, when assessed in the context of the general characteristics of the locality (ii) It does not prejudice public safety.

Amenity In relation to advertisements the term amenity is usually understood to mean its effect upon the appearance of the building or structure or the immediate neighbourhood where it is displayed or its impact over long distance views. All advertisements affect the appearance of the building or place where they are displayed. Given the potential impact of outdoor advertising on amenity, both positive and negative, there is a need to balance the requirements of the industry with the protection and where possible enhancement of the character and appearance of our cities, towns and villages. Care must be taken to ensure that an advertisement will not detract from the place where it is to be displayed or its surroundings. In particular it is important to prevent clutter. A large number of advertisements on a building or along a road can create clutter and be disruptive to the appearance and character of an area.

The site is in the development limits of Castlederg and situated within the Town Centre– See Figure 6 below. The surrounding area is predominantly commercial, characterised by a mix of public houses, takeaways, hair dressers, beauticians and retail shops. There are residential

Page 133 Appendix 7 dwellings to the rear of the site along meeting house lane, in addition there are flats above some local commercial premises in the surrounding area.

While there is no fascia sign advertising the pubic house along the front elevation of the building, there are no other existing awning signs advertising the public house at this location. The proposed awning is retractable so can be folded back when not in use. When in use the awning will extend out from the wall and provide a shelter for those standing below it.

The proposed signage on the awning is of a standard design measuring approx. 10.15m in length and will extend out from the existing wall by 2.25m when fully retracted. The awning will advertise bars logo measuring approx. 0.7m by 0.6m and bars name measuring approx. 2.7m by 0.2m. The awing will have an overhang skirt that will also advertise the bars name and the use as a bar and lounge measuring between 1.2m and 1.4m by 0.1m. In terms of the materials of the awning it is proposed to be black vinyl, the logo signage will be grey and all writing will be white in colour. None of the signage will be raised from the awning and will be part of the awning design. The proposal is relatively modest in size and scale and would not have a negative impact on the appearance of the public house or the surrounding area.

I am satisfied that the proposed signage would contribute positively to the site and not create clutter or appear unduly prominent. As this awning sign is on a long established public house in Castlederg, it respects amenity when assessed in the context of the general characteristics of the locality, as such there will be no negative impact on amenity and therefore is in compliance with part (i) of Policy AD 1.

Figure 6 – Aerial Image of the site (spatial NI)

Page 134 Appendix 7

Public Safety

Part (ii) of Policy AD 1 refers to Public Safety. Advertisements by their very nature are designed to attract the attention of passers-by and therefore have the potential to impact on public safety. Inappropriate outdoor advertising has the potential to impact significantly on road safety. In assessing the impact of an advertisement on public safety, the Planning Authority will have regard to its effect upon the safe use and operation of any form of traffic or transport.

The vital consideration for the Planning Authority in assessing the impact of advertisements on public safety will be whether the advertisement itself, or the exact location proposed for its display, is likely to be so distracting or confusing that is creates a hazard to, or endangers, people in the vicinity, be they drivers, cyclists or pedestrians.

Furthermore, PPS 3 sets out the 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. DFI Roads have been consulted and have no objections to approval being granted to this application subject to conditions and informatives. Overall, due to the design and the nature of the proposed signage as a retractable awning it’s considered the proposal meets part (ii) of Policy AD1 of PPS 17 and as such public safety will be maintained and there will be minimal distraction to road users or those using the footpath. In addition the proposal also respect PPS 3 as it will not prejudice road safety or significantly inconvenience the flow of traffic.

Covid Restrictions

The proposal is in response to Covid-19 restrictions placed on businesses. The awning will assist and aid the business in the recovery from the pandemic, providing shelter and space to adhere to government guidelines.

PPS6 Planning, Archaeology and the Built Heritage As the site is within an Archeological site and monument Zone PPS6 is applied. As there are no ground works its determined that the proposed works will not have a negative impact on the historic monument and as such complies with PPS6.

Page 135 Appendix 7

12. Conclusion Having considered all material considerations, including the development plan, relevant planning policies and consultation responses it is recommended to approve this advertisement consent. Overall the proposal is found to comply with PPS 17 Control of Outdoor Advertisements in that it respects amenity when assessed in the context of the general characteristics of the locality and it does not prejudice public safety. The design, scale and massing of the signs is considered suitable for the existing site. Furthermore, this type of development will aid in the recovery of local businesses in their response to the Covid-19 pandemic. It is therefore considered this proposal is acceptable and that the advertising consent is granted, subject to conditions as below.

13. Proposed Conditions:

1. The development shall be carried out in accordance with the stamped approved Drawings, No. 01 Rev1 received on 17th February 2021 and Drawing No’s 02 Rev1, 03 and 04 received on 22nd February 2021.

Reason: To ensure the development is carried out in accordance with the approved plans.

Page 136 Agenda Item 7

Title of Report: Officer Presenting: Principal Planning Officer Item 7 – Consultation on Donegal County Development Plan Variation re. Ten-T Roads Improvements

1 Purpose of Report / Recommendations

1.1 The purpose of this Paper is to advise Members of a formal consultation that has been received from Donegal County Council regarding the Proposed Variation No 1 to the County Donegal Development Plan 2018-2024. The proposed Variation is accompanied by an Environmental Report, Natura Impact Report and a Strategic Flood Risk Assessment Report.

1.2 Consideration and any comments on these documents was sought before the close of consultation on 9th April 2021, by way of a submission from the Council to DfI (NI) as the statutory Transboundary Consultation Body.

2 Background

2.1 On 30th April 2020, RPS consultants wrote to this Council, on behalf of Donegal County Council, stating that they had been commissioned to prepare environmental studies in regards to a proposed Ten-T Roads Priority Roads Improvement Project, Donegal (Trans European Transport Network: PRIPD) in the county. This project relates to 3 road sections, namely:

 the N15 to by-pass Ballybofey-Stranorlar

 the N13 near Letterkenny, to improve its access towards Derry, Strabane and to Sligo

 the N14 from near Letterkenny to Lifford, towards a future bridge to Strabane and the A5 Link.

Page 137 2.2 The project was at early-EIA stage and they requested our observations on the preferred options and the project as a whole. A letter was issued by our Planning officers on 17th June 2020 (see attached Appendix 8), setting out comments about the important strategic role of the North West Region and the importance of new / improved infrastructure for our progress, as well as positive comments on the 3 proposed road projects and environmental matters that might be considered in the future reports.

2.3 On 21st July, Donegal County Council wrote to this Council with a consultation regarding the Strategic Environmental Assessment (SEA) Screening Report, the Appropriate Assessment (AA) Screening Report and on the Proposed Variation to the County Donegal Development Plan. Given the timing of the consultation in relation to the summer recess of the Council, as well as the technical nature of the Environmental reports, our officers proceeded to issue a response on the 10th August 2020.

2.4 On 13th October, this Council (as an Adjoining Planning Authority) received a further, similar, consultation letter seeking observations or comments to be submitted, stating that Donegal Council had ‘subsequently found it necessary to prepare a new Proposed Variation’ and also completed new SEA and AA Screening Reports. The matter was therefore the subject of a Paper to the meeting of the Planning Committee on the 4th of November 2020, and the comments were duly issued thereafter.

2.5 This further consultation was received via letters on 19th February and 8th March 2021 from Donegal County Council. It relates to the formal consultation on the Proposed Variation No 1 to the County Donegal Development Plan 2018-2024. The proposed Variation is accompanied by an Environmental Report, Natura Impact Report and a Strategic Flood Risk Assessment Report.

2.6 The formal consultation period runs from 19th February, to an extended deadline of 9th April 2021. Any comments on these documents were sought, by way of a submission from the Council to Department for Infrastructure (DfI) (NI) as the statutory Transboundary Consultation Body. The Consultation letter is attached at Appendix 9 and the Consultation documents can be viewed at the following link: https://www.donegalcoco.ie/services/planning/planningpolicy/tentcdpvariation/

3 Key Issues

3.1 As stated above, Donegal County Council has prepared a formal Proposed Variation to the County Donegal Development Plan 2018-2024 and therefore they have also done an Environmental Report, Natura Impact Report and a Strategic Flood Risk Assessment Report.

The Roads Proposals

Page 138 3.2 The TEN-T PRIPD is a proposed major strategic roads project and consists of and prioritises three Sections of the TEN-T road network for improvement namely:

Section 1: N15/N13 Ballybofey/Stranorlar Urban Region.

Section 2: N56/N13 Letterkenny to Manorcunningham.

Section 3: N14 Manorcunningham to Lifford/Strabane/A5 Link.

3.3 The Council is progressing the TEN-T PRIPD in accordance with Transport Infrastructure Ireland Guidelines. Phase 1 (Scheme Feasibility) and Phase 2 (Option Selection) have been completed, inclusive of the identification of a preferred route corridor for each section.

The Variation Document

3.4 The Proposed Variation provides the necessary spatial and policy Planning framework to facilitate the project through the statutory approval process. The Variation document itself sets out the proposed amended maps and text for the changes from the existing County Development Plan. Specifically, it:

 Identifies and protects the new preferred route corridors by inserting new maps and amending policies and objectives and also removes the corresponding historic route corridors.  Provides Strategic Support for the TEN-T PRIPD by inserting new, and amending existing, text, policies and objectives, especially in Chapter 5: Infrastructure.  Makes the Plan compatible with the project by amending existing, and inserting new, policies, objectives and zoning objectives e.g. objectives and policies related to zonings for housing, employment, open space, amenity, former railway corridors, built heritage and archaeological heritage, to ensure compatibility between the Plan and the project.

The Environmental Report

Page 139 3.5 The Council had carried out a Strategic Environmental Assessment (SEA) Screening in respect of the Proposed Variation and determined that an Environmental Report was required. Consequently, the (265-page) Environmental Report has been prepared in accordance with the statutory requirements and relevant SEA guidance. The report identifies, describes and evaluates the likely significant effects on the Environment of implementing the Proposed Variation. The preparation of the report involved scoping consultation with Environmental Authorities and adjoining Planning authorities (including DC&SDC, as referred to in Section 2 above). The report, inter alia, describes the current state of the environment, identifies relevant Environmental Protection Objectives, assesses the impact of each element of the proposed variation on wide range of environmental criteria, describes how such impacts will be mitigated, evaluates the alternatives to the proposed variation and details environmental monitoring measures. The previous comments from DC&SDC have been reported and considered on page 7 of this Report, as well as the listing of key sites and Landscape Character Areas in the District and NW Region considerations on page 15.

Page 140 The Natura Impact Report

3.6 The Council had also carried out an Appropriate Assessment (AA) Screening in respect of the Proposed Variation and determined that a Natura Impact Report was required. The 123-page Report has been prepared in accordance with the Planning and Development Act 2000 (as amended) and relevant European and National AA Guidance. The report identifies and classifies the implications of the Proposed Variation on relevant European Sites (e.g. Natura 2000 Sites such as Special Areas of Conservation and Special Protection Areas) in view of the conversation objectives of the sites. The preparation of the report involved consultation with statutory environmental authorities and adjoining Planning authorities (including DC&SDC, as referred to in Section 2 above). The report includes an assessment of the potential impact of the Proposed Variation on specific Natura 2000 sites (both individually and in combination with other plans and projects) and outlines possible measures to mitigate any potential impacts. The report concludes beyond reasonable scientific doubt that Proposed Variation will not adversely affect the integrity of any Natura 2000 site having regard to the mitigation measures outlined in the report. The DC&SD appears to have been considered in this Report, including the LDP summary at p 23 and the listing of key sites in the District.

The Strategic Flood Risk Assessment Report

3.7 The Strategic Flood Risk Assessment Report has been prepared in accordance with the relevant guidelines. It includes: a detailed analysis of the flood risks related to the Preferred Route Corridors (e.g. fluvial, pluvial and coastal), an assessment of the variation vis-à-vis the sequential approach outlined in said guidelines including the application of the justification test and the identification of potential measures to manage residual flood risk. The report concludes that it is appropriate to designate the associated Preferred Route Corridors for development as detailed in the variation. In particular, the Report considers the impacts / potential for flooding of the Finn, Mourne and Foyle (p5) and maps such as that at page 24.

3.8 This Council’s Planning officers have reviewed the consultation documents and are broadly in agreement and accept the findings of the respective documents. Further consideration of potential impacts on this District will be required at the detailed design stages of this project. Therefore, the comments and observations are set out in the proposed response letter at Appendix 10, broadly similar to those given in the previous consultations.

4 Financial, Equality, Legal, HR, Improvement, Rural Needs and other Implications

4.1 There are not considered to be any financial, equality, HR, Improvement, Rural Needs or other implications arising out of this paper.

Page 141 5 Recommendations

5.1 Members are requested to note the contents of this Paper and agree for officers to issue the attached letter to the Department for Infrastructure (NI) for their consideration and onward submission to Donegal County Council, before close of consultation on 9th April 2021.

Background Papers

Appendix 8: Letter to RPS Consultants – 17 June 2020

Appendix 9: Copy of consultation Letter sent to this Council

Appendix 10: Draft Response Letter to issue to Donegal County Council regarding the Proposed Variation to the Donegal County Development Plan, and associated documents, regarding the Ten-T Road Improvements project.

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