(Public Pack)Agenda Document For

Meeting Pack Derry City and Strabane District Council

Dear Member of Planning Committee (Open)

You are hereby summoned to attend the monthly meeting of the Planning Committee (Open)to be held in the Council Chamber, Derry Road, Strabane on Wednesday 7 September 2016 at 4.00 pm.

Yours faithfully

John Kelpie Chief Executive

AGENDA

1 Notice and Summons of Meeting

2 Apologies

3 Declarations of Member's Interests

Open for Decision

4 Deputations (None)

5 Chairperson's Business

6 Confirmation of the Open Minutes of the Planning Committee held on Wednesday 29 June 2016 (Pages 1 - 10)

7 Matters Arising

8 Planning Application List with Recommendation for Decision (Pages 11 - 198)

9 List of Appeals with Recommendation for PAC (Pages 199 - 210) Open for Information

10 Update on H2 Housing Land (Pages 211 - 212)

11 Engagement between District Councils and Historic Environment Division (Pages 213 - 216)

12 Notification of NILGA Planning Training Events for Elected Members (Pages 217 - 224)

13 List of Decisions Issued (July & August 2016) (Pages 225 - 252)

30 August 2016 Agenda Item 6

Derry City and Strabane District Council

Open Minutes of Planning Committee held in the Chamber, Guildhall, Derry on Wednesday 29 June 2016 at 4.00pm. ______

Present:- Councillor Boyle (Chairperson); Aldermen Bresland, M Hamilton, Kerrigan and Thompson; Councillors Gardiner, Hassan, Hastings, Jackson, D Kelly, Logue and McGuire

In Attendance:- Environment and Regeneration Director (Mrs K Phillips), Head of Planning (Ms M Fox), Principal Planning Officer (Acting) (Ms A McKnee) Lead Legal Services Officer (Mr P Kingston), Planning Officers (Mr M McCarron, Ms I McDonagh and Ms J Doherty) and Committee Services Assistant (Mrs J Short).

Non-Committee Member: Councillor P Kelly

______

P100/16 Notice and Summons for Meeting

The Head of Planning read the Notice and Summons for the Meeting.

P101/16 Apologies

Apologies were received from Councillor R McHugh.

P102/16 Declarations of Members’ Interests

There were no declarations of interest from Members.

Open for Decision

P103/16 Deputations (none)

P104/16 Chairperson’s Business

Planning – Local Development Plan (LDP) – Workshop Event

The Head of Planning confirmed that the next Planning – LDP workshop was scheduled to take place on Monday 4 July 2016 at 2pm – 5pm in the Green Room, Guildhall, Derry.

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Pre-Determination Hearing – Special Meeting

The Head of Planning advised Members that a pre-determination meeting would be scheduled to take place next month, the date of which had yet to be confirmed. Members would be kept informed accordingly.

Invitation to Planning Appeals Commission (PAC) to present to Planning Committee.

The Committee Recommended that PAC be invited to present to Planning Committee at a future meeting.

Planning Application Updates

The Head of Planning referred to the high level of email requests received from Members regarding Planning Application updates and advised that a generic inbox would be installed so to improve the response time from the Planning Officers. The Members would be kept informed when the facility would become available.

A Member of the SF grouping referred to the weekly lists of planning applications circulated to Members and queried the protocol in terms of referring those applications back into the system if not called-in. The Head of Planning advised that the intention is to review the timing process of referrals as part of the overall review of operation of Planning Committee and present a report to Committee in September 2016.

The Director of Environment and Regeneration suggested consideration of information from other Councils in terms of how they deal with Planning Committee protocols from a comparative perspective. This was noted.

The Committee

Recommended that the Head of Planning reports to Committee on the timing

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process of planning application referrals.

Update on the Relocation of Planning Section

In response to a query from a Member of the SF grouping the Head of Planning thanked the Member for enquiring about the relocation and confirmed that all staff had worked extremely hard and were settled into the new accommodation at the Council Offices, Strand Road, Derry and were focused on the continuation of normal business. She added that the accommodation at the Council Offices, Derry Road, Strabane would become available shortly and this would provide the opportunity for some staff to work flexibly on a 1-2 days per week arrangement.

A Member of the SF grouping referred to the naming of Members on correspondence and requested that staff make no distinction of Members or advocate Members of Planning Committee on correspondence. This was noted.

P105/16 Confirmation of the Open Minutes of the Planning Committee held on Wednesday 8 June 2016

The Open Minutes of the Planning Committee held on 8 June 2016 (P86/16 – P99/16) were agreed and signed by the Chairperson.

P106/16 Matters Arising

There were no matters arising from the Minutes.

P107/6 Enforcement Action of Illegal Quarrying

A Member of the SF grouping referred to a previous Planning Committee meeting when a request was made for an update on enforcement action of illegal quarrying. The Head of Planning agreed to provide an update as requested.

P108/6 Update on the Establishment of Working Group re. Unadopted Roads

The Director of Environment and Regeneration in response to a Member of the SF grouping, advised that discussions had taken place with Officials from Transport NI and the Planning Section in relation to

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the issue of unadopted roads within development sites and that a report would be presented to Committee on the outcome of the discussions in due course.

P109/6 Planning Application List with Recommendation for Decision

J/2014/0007/F – Partial change of use, alterations and extension of existing dwelling to provide day care/nursery facilities at 22A Seein Road, Sion Mills, Strabane.

The Head of Planning presented the above application, details of which had been previously circulated to Members. She reminded Members that the application was presented at the previous Planning Committee Meeting when Members agreed not to accept the recommendation to refuse planning permission. The application was therefore reviewed subject to the 6 no. conditions as outlined within the report.

The Committee

Resolved that Council agrees to approve Planning Application J/2014/0007/F and the 6 no. conditions as outlined within the report.

LA11/2015/0794/F – Proposed play area with steel play equipment, new perimeter railing, alteration of ground level to create levelled ground for the play equipment at 204 Lone Moor Road, Derry.

The Planning Officer presented the above planning application details of which had been previously circulated to Members. He referred to the background of the application as outlined within the report and having considered all material considerations, including the development plan, relevant planning policies, planning history, consultations etc. he recommended that planning permission be granted for the proposed District park.

A Member of the SF grouping welcomed the proposal for a play park facility and also welcomed other play park provision throughout the city. She further referred to the need for adequate road safety measures to be implemented at the various locations.

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The Director of Environment and Regeneration agreed to ensure that discussions are held with Transport NI in terms of the implementation of road safety measures at the Play Park location. She further agreed to request the Project Officer to provide clarification to Members in relation to the provision of play equipment for disabled participants at the proposed site.

The Chairperson congratulated the staff responsible for the work achieved in play park provision in particular at Irish Street and Rose Court and he looked forward to further provision throughout the District.

The Committee

Resolved i) that Council agrees to approve Planning Application LA11/2015/0794/F

ii) that the Project Officer liaises with Transport NI in relation to the implementation of road safety measures at the Play park location.

iii) that the Project Officer provides an update to Members on the provision of play equipment for disabled participants at the proposed location.

LA11/2015/0304/F – Construction of 2 No. boiler poultry breeding houses with a capacity of 40,000 in total and a control building at 175 meters West of 16 Carrigullin Road, Strabane.

The Planning Officer presented the above application, details of which had been previously circulated to Members. He briefed Members on the background to the application and having considered all material considerations including the development plan, planning policies, consultations, site history he recommended that full planning permission be granted.

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The Planning Officer in response to a Member of the SF grouping clarified that Transport NI had no objections, subject to the implementation of the conditions outlined within the report.

The Committee

Resolved that Planning Application: LA11/2015/0304/F be approved.

J/2014/0171/F – 12 span spur plus 16kva transformer and 10m of underground service cable new build 11kv at 560m north of 90A Park Road, Strabane.

The Planning Officer presented the above application, details of which had been previously circulated to Members. She briefed Members on the background to the application and based on her professional opinion the proposal complied with all relevant policy and therefore recommended an approval subject to the conditions outlined within the report.

The Committee

Resolved that Planning Application J/2014/0171/F be approved.

J/2015/0056/F – Proposed change of use from farm shed to animal feed store for farm sales to include the retention of 7 No. tower meal bins and the erection of 4 No. additional tower meal bins. Retention of farm shop and loading gantry and proposed extension to gantry at 17 Shanaghy Road, Killeter, Castlederg.

The Planning Officer presented the above application details of which had been previously circulated to Members. She gave an overview of the background to the application and based on her professional opinion recommended that planning approval be granted subject to the conditions outlined within the report.

A Member of the SF grouping referred to the conditions as outlined within the report, regarding the opening hours on a Saturday and requested that the Planning Officer discusses an extension to the opening hours with the Environmental Health Department.

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The Committee

Resolved i) that Planning application J/2015/0056/F be granted planning approval

ii) and consideration be given to the extension of the opening hours on a Saturday to 1700 hours, subject to approval by the Environmental Health Department.

J/2010/0319/F – Proposed extraction of sand and gravel and final restoration of the extraction area to agricultural use. Scheme to include installation of wheel-wash, settling ponds, oil interceptor, site worker office, landscape bunds, post and wire fencing and ancillary development at approx. 180 metres east of No.20 Tievenny Road, Killen, Victoria Bridge, Co. Tyrone.

The Planning Officer presented the above planning application details of which had been previously circulated to Members. She briefed Members on the background to the application and based on her professional opinion recommended that the application be granted planning permission.

The Members received a presentation from the applicant’s Agent who spoke on the necessity to approve the planning application which was critical for the survival of the company that contributed towards the local economy in an area that suffered from a lack of employment opportunities.

A Member of the SF grouping in support of the application queried if the opening hours of the site could be reviewed to include Saturday opening from 0800 hours to 1300 hours. The Planning Officer agreed to seek an opinion from the Environmental Health Department regarding the extension to the opening hours.

The Committee

Resolved that application J/2010/0319/F be granted planning approval and that an

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opinion is sought from the Environmental Health Department regarding Saturday opening from 0800 to 1300 hours.

P110/16 Planning Appeals

The Principal Planning Officer (Acting) presented the above report a copy of which was previously circulated to Members. The purpose of the report was to appraise Members on planning appeals currently in the system following the transfer of planning functions to this Council on 1st April 2015. She advised Members that no new appeals had been received by Council since the previous update to Committee on 8th June 2016.

P111/16 Major Key Legacy Applications

The Head of Planning presented the above report a copy of which had been previously circulated to Members. The purpose of the report was to appraise Members of the outstanding historic major and key applications in the system post transfer from DOE to DCSDC on 1st April 2015 and to seek approval from Members on a mechanism for Council to finalise such applications.

A Member of the SF grouping welcomed the report and commented that Members want to reach the stage whereby the planning system is as efficient as possible, however they are aware that the legacy applications will impact service delivery.

He referred to the key issues and in particular the time line given to the agents/applicants of a 4-week deadline for the submission of the correct/outstanding information and queried if an extension to the timeline of 6 weeks could be considered particularly during holiday periods. The Head of Planning agreed to give this some consideration.

A Member of the SDLP grouping thanked the Head of Planning for the comprehensive report and added that it was important that progress was achieved with the legacy applications and in particular the applications relevant to the new District Council area.

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Another Member of the SF grouping referred to the H2 applications and requested an update on the progress of the applications within the system. The Head of Planning confirmed that major legacy applications were currently being reviewed and Members would be kept informed as soon as the Planning Section would receive the requested information to progress the applications.

The Head of Planning in response to a Member of the SF grouping advised that in terms of outstanding planning applications for housing they have to ensure that the application is still ‘live’ and the applicant is fully intent in engagement and a comprehensive approach maintained before they would progress through the system.

The Committee

Resolved i) that Council notes the report and agree a mechanism to deal with major, complex or controversial legacy applications in accordance with Best Practice.

ii) that Members agree as a ‘New Council’ to look at this issue afresh and allow these procedures to be put in place to reduce the legacy cases backlog. This will result in Planning Officials being in a position to process new Council applications in a more timely and efficient manner going forward.

Open for Information

P112/16 Statutory Consultation Performance Report – Guidance for Councils

The Members noted the above report a copy of which had been previously circulated. The purpose of the report was to advise Members of the statutory duty of Council to respond to consultations from Department of Infrastructure (formally Department of the Environment).

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The Committee

Recommended that Council notes the contents of the above paper and a report is forwarded to the Department of Infrastructure immediately.

P113/16 List of Decisions Issued (June 2016)

The above report was presented for information to Members, details of which were previously circulated.

The Committee

Recommended that Council notes the list of Decision Issued during the month of June 2016.

The Meeting ended at 5.45pm.

Signed: ______

Chairperson

Date: ______

Page 10 Agenda Item 8

Item/Min Ref: Title of Report: Officer presenting: Planning Case Officers Item 8 Planning Applications Open for Decision Author: Planning Case Officers

1 Purpose of Report/Recommendations

To present to Members, planning applications for decision.

2 Background

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:

1. J/2010/0319/F Proposed extraction of sand and gravel and final restoration of the extraction area to agricultural use. Scheme to include installation of wheel-wash, settling ponds, oil interceptor, site worker office, landscape bunds, post and wire fencing and ancillary development at Approx. 180 metres east of No. 20 Tievenny Road, Killeen, Victoria Bridge, Co Tyrone, Recommendation: Agree Conditions

2. J/2015/0056/F Proposed change of use from farm shed to animal feed store for farm sales to include the retention of 7no. tower meal bins and the erection of 4no. additional tower meal bins. Retention of farm shop and loading gantry and proposed extension to gantry at 17 Shanaghy Road, Killeter, Castlederg. Recommendation: Agree Conditions

Page 11 3. A/2007/0672/F Proposed 3 & 4 & 5 storey residential development comprising 53 apartments at Longs Farm Shop (Former Filling Station) at 4 Letterkenny Road (previously Identified As 4 Foyle Road) Recommendation: Approve

4. J/2015/0067/O Demolition of existing buildings and construction of Irish Language Centre and Associated works at 1 Daisy Park, Sion Mills Recommendation: Approve

5. LA11/2015/0213/F Change of use from existing tractor/trailer garage and store to building for the refurbishment of farm machinery & equipment and retention of spray booth to be used in conjunction with proposed use at 12 Rocklea Road, Scarvagherin, Castlederg. Recommendation: Refuse

6. LA11/2015/0817/F Retention of 84sq m prefabricated unit used for training and education and rest and tea room for participants in scheme located at allotment site to rear of Gaelscoil Ui Dhorchartaigh, Ballycolman, Strabane Recommendation: Approve

7. A/2015/0163/O Renewal of approval A/2008/0226/O for redevelopment of existing processing plant and open air concrete store to provide residential development with ancillary works at Ardmore Precast 25 Ballybogie Road Ardmore Londonderry Recommendation: Approve

8. LA11/2015/0776/F Provision of a play area, path, lighting of paths and a small hub building. The play area is proposed furnished with large scale timber play equipment and enclosed with a green 2.4 m high mesh fence. The paths leading to the play area is proposed to be lit. The small hub building (14.6 x 7.6m) with toilets, kitchen, event/meeting/office space, is proposed to be located within the fence enclosure at green space adjacent to the existing car park within Ballyarnett Country Park. Recommendation: Approve

Page 12 9. LA11/2016/0527/F Amendment to live planning approval granted under A/2011/0351/F. Demolition of existing buildings to facilitate proposed new 116 bedroom hotel with all ancillary and associated facilities, 3 new ground floor retail units and 1 no ground floor restaurant, and all associated site and access works at 29-35 Strand road and lands between 6a and 8 Great James Street, Derry Recommendation: Approve

10. LA11/2015/0245/F Proposed 10 no Split level dwellings (2 no detached & 8 no Semi-detached) on Lands previously approved for Apartment Blocks (application ref. A/2002/0543/F) - Incl. Associated Site works on Lands to the North West of 95 Victoria Gate Victoria Road Recommendation: Approve

11. A/2008/0065/F Housing development (53 dwellings) at H24 zoned lands for housing, adjacent to 97 Stevenson Way, Tullyally Road, Tullyally Recommendation: Approve

12. A/2008/0121/F Housing development (42 dwellings) at H24 lands adjacent to 2 Elm Close, Ardmore, Londonderry Recommendation: Approve

13. A/2008/0137/F Housing development 74 dwellings at H24 lands adjacent to 77 Ridgeway Drive, Londonderry Recommendation: Approve

Page 13 4 Financial and Other Implications

There are no additional costs associated with the proposed recommendations, however, Members are reminded that the protocol for Planning Committee procedures and the Code of Conduct for Councillors must be adhered to at all times to avoid risk of legal challenge and potential financial costs implications.

5 Recommendations

That Members consider and agree with the recommendations proposed.

Background Papers

Planning Report J/2010/0319/F (Appendix 1) Planning Report J/2015/0056/F (Appendix 2) Planning Report A/2007/0672/F (Appendix 3) Planning Report J/2015/0067/O (Appendix 4) Planning Report LA11/2015/0213/F (Appendix 5) Planning Report LA11/2015/0817/F (Appendix 6) Planning Report A/2015/0163/O (Appendix 7) Planning Report LA11/2015/0776/F (Appendix 8) Planning Report LA11/2016/0527/F (Appendix 9) Planning Report LA11/2015/0245/F (Appendix 10) Planning Report A/2008/0065/F (Appendix 11) Planning Report A/2008/0121/F (Appendix 12) Planning Report A/2008/0137/F (Appendix 13)

Page 14 Appendix 1

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 29th June 2016 – deferred for consideration of condition

APPLICATION No: J/2010/0319/F

APPLICATION TYPE: Major

PROPOSAL: Proposed extraction of sand and gravel and final restoration of the extraction area to agricultural use. Scheme to include installation of wheel- wash, settling ponds, oil interceptor, site worker office, landscape bunds, post and wire fencing and ancillary development.

LOCATION: Approx 180 metres east of No. 20 Tievenny Road, Killeen, Victoria Bridge, Co Tyrone, BT82 9LW

APPLICANT: Martin Quinn Plant Hire

AGENT: Ross Planning

ADVERTISEMENT: 23.02.2015 & 19.11.2011

STATUTORY EXPIRY: 19.03.2015

REASON FOR PRESENTATION TO COMMITTEE: Application was previously presented to Planning Committee on 29th June 2016. Members requested changes to Conditions. Members to agree wording of conditions as per ‘Protocol for Operation of Planning Committee-Derry City and Strabane District Council’.

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

1. Description of Proposed Development

The application is for the proposed extraction of sand and gravel and final restoration of the extraction area to agricultural use. The proposed scheme is to include installation of wheel-wash, settling ponds, interceptor, site worker office, landscape bunds, post and wire fencing and ancillary development. The applicant has indicated that there are approximately 400,000 tonnes of reserves within this deposit which are proposed to be extracted at approximately 60,000 tonnes per annum over a 6 year period.

Page 15 Appendix 1

Site preparation will include: vegetation clearance and protection; soil stripping and bund formation; internal haul road construction; site compound establishment; construction of access and formation of the access road; construction of settlement ponds; and installation of necessary infrastructure. It is proposed that the sand and gravel will be worked using a 360° excavator. Material will be loaded onto a lorry by the excavator for transportation off site. The raw materials will go to other premises for screening. No other plant will be brought on to the site, including temporary or mobile plant. Hours of operation at the application site are Monday – Friday 7.30 to 17.00, Saturday 7.30 – 13.00 with no operations to take place on Sundays or bank holidays other than for maintenance, testing of plant and any other work of an essential or emergency nature.

2. Summary of issues

The above application was presented at the Planning Committee Meeting held in the Chamber, Guildhall, Derry on Wednesday 29th June 2016. The planning officer made a presentation to members and recommended that members approve the application subject to the imposition of conditions.

Members voted on this proposal and resolved that the case officer recommendation to grant approval should be subject to replacement of proposed condition number 5 which states “Quarrying activities shall be restricted to 0800hrs to 1700hrs Monday to Friday, with no working permitted on public or bank holidays. Reason: To control the noise levels from the development at noise sensitive locations.”

Members requested that the revised condition should include operations on a Saturday between the hours of 07.30 to 13.00 subject to clearance from Environmental Health Department.

3. Protocol for Operation of Planning Committee

Paragraph 5 of the Protocol for Operation of Planning Committee - Derry City and Strabane District Council, sets out the procedures for consideration of applications. It advises that in cases when members do not agree with the officer recommendation/conditions then they should discuss and agree recommendation/conditions. All such cases must then be returned to the next Planning Committee following consideration of the legal robustness of the conditions.

The reasons for any decision which are made contrary to the Planning Officer’s recommendation must be formally recorded in the minutes and a copy placed on the file.

4. Action following committee and proposed condition

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residential amenity is protected. As such it is generally acknowledged that Saturday afternoons and Sunday’s are worthy of protection from noise (along with public and bank holidays) so that noise sensitive receptors can enjoy their properties.

5. Recommendation

As such the condition presented to Committee at the Planning Committee on 29th June 2016 would remain. Condition 5 would read: • Quarrying activities shall be restricted to 0800hrs to 1700hrs Monday to Friday, with no working permitted on public or bank holidays. Reason: to control the noise levels from the development at noise sensitive locations.

Alternatively, the Condition Members suggested at the previous meeting would read:

• Quarrying activities shall be restricted to 0800hrs to 1700hrs Monday to Friday and 0730hrs to 1300hrs on a Saturday, with no working permitted on public or bank holidays. Reason: to control the noise levels from the development at noise sensitive locations.

With this in mind Members must determine whether to agree to the original condition or whether to issue planning approval with the amended condition.

Page 17 This page is intentionally left blank Appendix 2

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 29th June 2016 – deferred for consideration of condition

APPLICATION No: J/2015/0056/F

APPLICATION TYPE: Major

PROPOSAL: Proposed change of use from farm shed to animal feed store for farm sales to include the retention of 7no. tower meal bins and the erection of 4no. additional tower meal bins. Retention of farm shop and loading gantry and proposed extension to gantry.

LOCATION: 17 Shanaghy Road, Killeter, Castlederg

APPLICANT: P McSorley & Sons Ltd

AGENT: Marcus Kerr Design

ADVERTISEMENT: 02.04.2015

STATUTORY EXPIRY: 11.06.2015

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

1. Description of Proposed Development

The proposal is for the retention of a farm diversification scheme which includes the change of use of a shed to a store for animal feed, 7 no. silos, farm shop and loading gantry. It is also proposed to erect an additional 4 no. silos and to extend the loading gantry.

2. Summary of issues

Members voted on this proposal and resolved that the case officer recommendation to grant approval should be subject to replacement of proposed condition number 2 which states “The delivery, processing, movement, despatch and collection of animal feed from the proposed

Page 19 Appendix 2

development shall take place between the hours of 9am and 6pm Monday to Friday (excluding public and bank holidays) and between 9am and 1pm on Saturdays. Reason: In the interests of residential amenity.”

Members requested that the revised condition should include an extension of the opening hours on a Saturday to 1700 hours subject to clearance from Environmental Health.

3. Protocol for Operation of Planning Committee

The reasons for any decision which are made contrary to the Planning Officer’s recommendation must be formally recorded in the minutes and a copy placed on the file.

4. Action following committee and proposed condition

Following the Planning Committee meeting on the 29th June, Planning officials engaged further with Council’s Environmental Health Department (EHD). EHD have advised that the condition remains as per their original consultation response. The reasoning provided is to ensure that residential amenity is protected. As such it is generally acknowledged that Saturday afternoons and Sunday’s are worthy of protection from noise (along with public and bank holidays) so that noise sensitive receptors can enjoy their properties.

5. Recommendation

As such the condition presented to Committee at the Planning Committee on 29th June 2016 would remain. Condition 2 would read:

• The delivery, processing, movement, despatch and collection of animal feed from the proposed development shall take place between the hours of 9am and 6pm Monday to Friday (excluding public and bank holidays) and between 9am and 1pm on Saturdays. Reason: In the interests of residential amenity.

Alternatively, the Condition Members suggested at the previous meeting would read:

• The delivery, processing, movement, despatch and collection of animal feed from the proposed development shall take place between the hours of 9am and 6pm Monday to Friday (excluding public and bank holidays) and between 9am and 5pm on Saturdays. Reason: In the interests of residential amenity.

With this in mind Members must determine whether to agree to the original condition or whether to issue planning approval with the amended condition.

Page 20 Appendix 3

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 7th September 2016

APPLICATION No: A/2007/0672/F

APPLICATION TYPE: Full Planning application

PROPOSAL: Proposed 3, 4 and 5 storey residential development comprising 53 apartments

LOCATION: Longs Farm Shop (Former Filling Station) at 4 Letterkenny Road (previously identified as 4 Foyle Road)

APPLICANT: Maxol Limited

AGENT: Gregory Architects

ADVERTISEMENT: 06.07.2007

STATUTORY EXPIRY: 25.07.2007

RECOMMENDATION: Approval

REASON FOR PRESENTATION TO COMMITTEE: Housing development over 5 units. The application was previously presented to Committee on 18th May 2016. The Committee voted to approve the application, subject to no further objections being received on the application following clarification of the site address. Further objections have now been received since the application was re-advertised and neighbours re-notified with the alternative address, 4 Letterkenny Road.

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

1. Description of Proposed Development

The application is for a total of 53 apartments, on lands at 4 Letterkenny Road. The application was originally submitted for a total of 60 apartments but the scheme was amended and reduced during the processing of the application. The apartments take the form of 3 blocks. Block A fronts on to Foyle Road and is 4 storey in height; block B is 3 to 4 storey in height and fronts on to the open space within the site and block C is 4 storey in height but steps up to 5 storey in height and fronts on to the River Foyle.

Page 21 Appendix 3

During the processing of the application, the following reports were submitted in support of the application; Drainage Assessment; Generic Quantitative Risk Assessment and Construction Environmental Management Plan.

2. Environmental Assessment and Habitats Regulations Assessment

The site does not fall within Schedule 2 of the EIA Regulations as it is less than 0.5 ha and it is not located within a ‘Sensitive Site’; therefore an EIA determination is not required. However, an appropriate assessment has been undertaken under the Habitats Regulations to assess the potential impact of this proposal on Special Protection Areas, Special Areas of Conservation and Ramsar sites in accordance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats etc) Regulations (Northern Ireland) 1995 (as amended). It was concluded that the proposal would not be likely to have a significant effect on the features of any European site.

3. Site and Surrounding Area

Site Location Plan

Page 22 Appendix 3

The proposed site is approx. 0.44 ha located on ‘white land’ as identified in the Derry Area Plan 2011. The site is currently occupied by a service station and accessed from Letterkenny Road. The existing shop on the site known locally as ‘Foyle/Longs Farm Shop’, is a single storey flat roof building orientated gable on to Foyle Road. There are a number of large storage containers on the site and an existing canopy over what would have once been petrol pumps. The rear of the existing curtilage of the ‘Farm Shop’ is defined by a 2m wall, though the proposed site extends beyond the curtilage of the shop. Beyond the wall is a portion of undeveloped land with some shrub vegetation. The rear boundary of the application site is defined by mesh wire fencing, the boundary runs along an existing path which provides access to the existing playing pitches which are located between the site and the River Foyle.

Photograph of application site

Page 23 Appendix 3

Photograph of application site

Immediately adjacent to the site and to the east is an existing sewage pumping station known as ‘Coshowen pumping station’. A pedestrian/cycle path runs between the pumping station and an existing two storey housing development ‘Coshowen’. This path leads to the rear of the application site and accesses existing playing pitches and a riverside path which separate the site from the River Foyle.

Photograph showing pumping station and pedestrian and cycle path leading to the riverside walk and playing pitches.

Page 24 Appendix 3

Opposite the site is a two storey red brick terrace housing development known as Glendara, and an existing development of single storey terrace bungalows known as Glenanne. To the west of and immediately adjacent to the site at 6 Letterkenny Road is a 3 storey block of flats/apartments, and further west is another 3-4 storey red brick apartment development known as ‘Old City Court’. The area is characterised by predominantly housing and apartment developments and open space between the developments and the River Foyle.

Apartment development adjacent to the site at 6 Letterkenny Road.

Apartment development ‘Old City Court’

Page 25 Appendix 3

4. Site Constraints

There are no relevant site constraints on the application site.

5. Neighbour Notification Report

All relevant neighbours have been notified on the application.

Reference Neighbour Address Date Number Neighbour Notified

10&14,Glendara,Londonderry,Londonderry,BT48 1 A/2007/0672/F 6LF 7/7/16 2 A/2007/0672/F 3 Glenanne,Ballymagowan,Londonderry,BT48 6LE 7/7/16 3 A/2007/0672/F 1 Glenanne,Ballymagowan,Derry,BT48 6LE 7/27/16 19&20,Coshowen,Londonderry,Londonderry,BT48 4 A/2007/0672/F 6XL 7/7/16 5 A/2007/0672/F 10 Glenanne,Ballymagowan,Derry,BT48 6LE 7/7/16 6 A/2007/0672/F 7 Glenanne,Ballymagowan,Londonderry,BT48 6LE 7/7/16 7 A/2007/0672/F 8 Glenanne,Ballymagowan,Derry,BT48 6LE 7/7/16 8 A/2007/0672/F 6 Glenanne,Ballymagowan,Londonderry,BT48 6LE 7/7/16 9 A/2007/0672/F 5 Glenanne,Ballymagowan,Derry,BT48 6LE 7/7/16 10 A/2007/0672/F 4 Glenanne,Ballymagowan,Derry,BT48 6LE 7/7/16 11 A/2007/0672/F 2 Glenanne,Ballymagowan,Derry,BT48 6LE 7/7/16 12 A/2007/0672/F 38 Glendara,Ballymagowan,Derry,BT48 6LF 7/7/16 36 Glendara,Ballymagowan,Londonderry,BT48 13 A/2007/0672/F 6LF 7/7/16 34 Glendara,Ballymagowan,Londonderry,BT48 14 A/2007/0672/F 6LF 7/7/16 28&32,Glendara,Ballymagowan,Londonderry,BT4 15 A/2007/0672/F 8 6LF 7/7/16 26&30,Glendara,Ballymagowan,Londonderry,BT4 16 A/2007/0672/F 8 6LF 7/7/16 20&24,Glendara,Ballymagowan,Londonderry,BT4 17 A/2007/0672/F 8 6LF 7/7/16 18&22,Glendara,Londonderry,Londonderry,BT48 18 A/2007/0672/F 6LF 7/7/16 12&16,Glendara,Londonderry,Londonderry,BT48 19 A/2007/0672/F 6LF 7/7/16 33&34,Coshowen,Ballymagowan,Londonderry,BT 20 A/2007/0672/F 48 6XL 7/7/16 31&32,Coshowen,Ballymagowan,Londonderry,BT 21 A/2007/0672/F 48 6XL 7/7/16 4&8,Glendara,Londonderry,Londonderry,BT48 22 A/2007/0672/F 6LF 7/7/16 35&36,Coshowen,Londonderry,Londonderry,BT48 23 A/2007/0672/F 6XL 7/7/16 2&6,Glendara,Londonderry,Londonderry,BT48 24 A/2007/0672/F 6LF 7/7/16

Page 26 Appendix 3

37&38,Coshowen,Londonderry,Londonderry,BT48 25 A/2007/0672/F 6XL 7/7/16 39&40,Coshowen,Londonderry,Londonderry,BT48 26 A/2007/0672/F 6XL 7/7/16 41&42,Coshowen,Londonderry,Londonderry,BT48 27 A/2007/0672/F 6XL 7/7/16 29&30,Coshowen,Londonderry,Londonderry,BT48 28 A/2007/0672/F 6XL 7/7/16 43&44,Coshowen,Londonderry,Londonderry,BT48 29 A/2007/0672/F 6XL 7/7/16 27&28,Coshowen,Londonderry,Londonderry,BT48 30 A/2007/0672/F 6XL 7/7/16 45&46,Coshowen,Londonderry,Londonderry,BT48 31 A/2007/0672/F 6XL 7/7/16 23&24,Coshowen,Londonderry,Londonderry,BT48 32 A/2007/0672/F 6XL 7/7/16 25&26,Coshowen,Londonderry,Londonderry,BT48 33 A/2007/0672/F 6XL 7/7/16 21&22,Coshowen,Londonderry,Londonderry,BT48 34 A/2007/0672/F 6XL 7/7/16 35 A/2007/0672/F 11 Glenanne,Ballymagowan,Derry,BT48 6LE 7/7/16 36 A/2007/0672/F 12 Glenanne,Ballymagowan,Derry,BT48 6LE 7/7/16 37 A/2007/0672/F 9 Glenanne,Ballymagowan,Derry,BT48 6LE 7/7/16 4 Letterkenny 38 A/2007/0672/F Road,Ballymagowan,Londonderry,BT 7/7/16 39 A/2007/0672/F 3 Glenanne,Derry,BT48 6LE 7/7/16 40 A/2007/0672/F 10 Gleanne,Derry,BT48 6LE 7/7/16 41 A/2007/0672/F 8 Glenanne,Derry,BT48 6LE 7/7/16 4, Letterkenny Road, Londonderry, Londonderry, 42 A/2007/0672/F Northern Ireland, BT48 9XG 7/7/16 Flat 1a ,6 Letterkenny Road,Ballymagowan,LONDONDERRY,Co. 43 A/2007/0672/F Londonderry,BT48 9XG 7/7/16 Flat 2a ,6 Letterkenny Road,Ballymagowan,LONDONDERRY,Co. 44 A/2007/0672/F Londonderry,BT48 9XG 7/7/16 Flat 3a ,6 Letterkenny Road,Ballymagowan,LONDONDERRY,Co. 45 A/2007/0672/F Londonderry,BT48 9XG 7/7/16 Flat 4a ,6 Letterkenny Road,Ballymagowan,LONDONDERRY,Co. 46 A/2007/0672/F Londonderry,BT48 9XG 7/7/16 Flat 5a ,6 Letterkenny Road,Ballymagowan,LONDONDERRY,Co. 47 A/2007/0672/F Londonderry,BT48 9XG 7/7/16 Flat 6a ,6 Letterkenny Road,Ballymagowan,LONDONDERRY,Co. 48 A/2007/0672/F Londonderry,BT48 9XG 7/7/16 Flat 1b ,6 Letterkenny Road,Ballymagowan,LONDONDERRY,Co. 49 A/2007/0672/F Londonderry,BT48 9XG 7/7/16 Flat 2b ,6 Letterkenny Road,Ballymagowan,LONDONDERRY,Co. 50 A/2007/0672/F Londonderry,BT48 9XG 7/7/16

Page 27 Appendix 3

Flat 3b ,6 Letterkenny Road,Ballymagowan,LONDONDERRY,Co. 51 A/2007/0672/F Londonderry,BT48 9XG 7/7/16 Flat 4b ,6 Letterkenny Road,Ballymagowan,LONDONDERRY,Co. 52 A/2007/0672/F Londonderry,BT48 9XG 7/7/16 Flat 5b ,6 Letterkenny Road,Ballymagowan,LONDONDERRY,Co. 53 A/2007/0672/F Londonderry,BT48 9XG 7/7/16 Flat 6b ,6 Letterkenny Road,Ballymagowan,LONDONDERRY,Co. 54 A/2007/0672/F Londonderry,BT48 9XG 7/7/16 Flat 1c ,6 Letterkenny Road,Ballymagowan,LONDONDERRY,Co. 55 A/2007/0672/F Londonderry,BT48 9XG 7/7/16 Flat 2c ,6 Letterkenny Road,Ballymagowan,LONDONDERRY,Co. 56 A/2007/0672/F Londonderry,BT48 9XG 7/7/16 Flat 3c ,6 Letterkenny Road,Ballymagowan,LONDONDERRY,Co. 57 A/2007/0672/F Londonderry,BT48 9XG 7/7/16 Flat 4c ,6 Letterkenny Road,Ballymagowan,LONDONDERRY,Co. 58 A/2007/0672/F Londonderry,BT48 9XG 7/7/16 Flat 5c ,6 Letterkenny Road,Ballymagowan,LONDONDERRY,Co. 59 A/2007/0672/F Londonderry,BT48 9XG 7/7/16 Flat 6c ,6 Letterkenny Road,Ballymagowan,LONDONDERRY,Co. 60 A/2007/0672/F Londonderry,BT48 9XG 7/7/16 Flat 7c ,6 Letterkenny Road,Ballymagowan,LONDONDERRY,Co. 61 A/2007/0672/F Londonderry,BT48 9XG 7/7/16 Flat 7a ,6 Letterkenny Road,Ballymagowan,LONDONDERRY,Co. 62 A/2007/0672/F Londonderry,BT48 9XG 7/7/16 Flat 7b ,6 Letterkenny Road,Ballymagowan,LONDONDERRY,Co. 63 A/2007/0672/F Londonderry,BT48 9XG 7/7/16 31, Coshowen, Londonderry, Londonderry, 64 A/2007/0672/F Northern Ireland, BT48 6XL 7/26/16 23, Coshowen, Londonderry, Londonderry, 65 A/2007/0672/F Northern Ireland, BT48 6XL 7/27/16 2, Coshowen, Londonderry, Londonderry, 66 A/2007/0672/F Northern Ireland, BT48 6XL 7/27/16 16, Iona Court, Londonderry, Londonderry, 67 A/2007/0672/F Northern Ireland, BT48 6LG 7/27/16 15, Coshowen, Londonderry, Londonderry, 68 A/2007/0672/F Northern Ireland, BT48 6XL 7/27/16 6, Letterkenny Road, Londonderry, Londonderry, 69 A/2007/0672/F Northern Ireland, BT48 9XG 7/27/16 39, Old City Court, Londonderry, Londonderry, 70 A/2007/0672/F Northern Ireland, BT48 9UJ 7/27/16 39, Old City Court, Londonderry, Londonderry, 71 A/2007/0672/F Northern Ireland, BT48 9UJ 7/27/16

Page 28 Appendix 3

16, Iona Court, Londonderry, Londonderry, 72 A/2007/0672/F Northern Ireland, BT48 6LG 7/27/16 15, Coshowen, Londonderry, Londonderry, 73 A/2007/0672/F Northern Ireland, BT48 6XL 7/27/16 11, Coshowen, Londonderry, Londonderry, 74 A/2007/0672/F Northern Ireland, BT48 6XL 7/27/16 100, Foyle Road, Londonderry, Londonderry, 75 A/2007/0672/F Northern Ireland, BT48 6XB 7/27/16 38, Glendara, Londonderry, Londonderry, Northern 76 A/2007/0672/F Ireland, BT48 6LF 7/27/16 38, Glendara, Londonderry, Londonderry, Northern 77 A/2007/0672/F Ireland, BT48 6LF 7/27/16 38, Glendara, Londonderry, Londonderry, Northern 78 A/2007/0672/F Ireland, BT48 6LF 7/27/16 38, Glendara, Londonderry, Londonderry, Northern 79 A/2007/0672/F Ireland, BT48 6LF 7/27/16 80 A/2007/0672/F 15 Iona Court, Londonderry 7/27/16

6. Relevant Site History

There is no relevant planning history on the application site.

7. Policy Framework

RDS 2035 - SFG7 Strengthen the role of Londonderry as the Principal City of the North West; meeting the housing needs of the area.

Policy RG8: Manage housing growth to achieve sustainable patterns of residential development.

Derry Area Plan - The site is located on ‘white land’ as identified in the Derry Area Plan; which is suitable for a variety of uses depending on the sites context.

Policy BE1 Urban Design requires development proposals to make a positive contribution to townscape and be sensitive to the character of the area surrounding the site in terms of design, scale and use of materials.

Policy H1 Housing Design and Layout – requires a high standard of Design and Layout in all new housing developments.

Strategic Planning Policy Statement for NI – The SPPS is a statement of the Department’s policy on important planning matters that should be addressed across NI. The provisions of the SPPS are material to all decisions on applications. Sustainable development is at the heart of the SPPS, which includes key principles for development and also strategic policies on housing, natural heritage etc.

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PPS 3 Development Control: Roads Considerations – sets out the planning policies for vehicular and pedestrian access, transport assessment, and the protection of transport routes and parking.

PPS 7 Quality Residential Environments - The Council seeks to achieve residential developments that promote quality and sustainability in their design and layout, are in harmony with their townscape or landscape setting and which will ultimately make a positive contribution to the character and appearance of the country’s settlements. Policy QD 1 of this PPS lists the criteria to be met by housing schemes and requires the submission of a Design Concept Statement demonstrating how the scheme will meet these criteria.

Addendum to PPS 7 Safeguarding the Character of Established Residential Areas – sets out additional planning policies on the protection of local character, environmental quality and residential amenity within established areas, villages and smaller settlements.

Planning Policy Statement 8: Open Space, Sport and Outdoor Recreation - Sets out the policies for the protection of open space, the provision of new areas of open space in association with residential development.

PPS 12 Housing in Settlements – The policy guidance in this statement applies to all residential development proposals within cities, towns, villages and small settlements in Northern Ireland, including the push for ‘sustainable development’ in the choice of housing land.

PPS 15 Planning and Flood Risk – sets out the Planning policies to minimise and manage flood risk.

Creating Places/Living Places – this is guidance to aid designers in creating quality residential developments.

8. Consultee Responses

River Agency – The site is located outside the floodplain of the River Foyle, and Rivers Agency holds no records of historic flooding affecting the site. Due to the size and nature of the development and potential risk from surface water flooding, a Drainage Assessment was required. The applicant produced a Flood and Drainage Risk Assessment which is considered appropriate to the scale and nature of the proposed development and the risks involved. Rivers Agency accepts its logic and has no reason to disagree with the conclusions. The applicant will need to requisition NI Water to provide a suitable storm outfall. This is a matter for the applicant and NI Water.

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NIEA Water Management Unit – has considered the impacts of the proposal on the surface water environment and on the basis of the information provided is content with the proposal subject to informatives.

NI Water - Public water supply and foul sewers are located within 20m of the proposal; no surface water sewer located within 20m of the proposal. The applicant is required to apply to NIW to requisition a surface water sewer to serve the proposal. Waste water treatment facilities are presently available at Culmore WwTW to serve the proposal. Standard informatives provided.

Transport NI – has no objections to the proposal; adequate access arrangements and parking have been provided and Transport NI have provided conditions relating to the access and visibility splays. See later section in this report.

Environmental Health – has considered the ‘Construction Environmental Management Plan’, a ‘Generic Quantitative Risk Assessment’ and ‘Preliminary Risk Assessment’ submitted in support of this application, and is satisfied that the unacceptable risks of contamination identified will be managed by the remedial measures proposed and would support the inclusion of conditions and informatives. See conditions section later in this report.

Shared Environmental Services – 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.

NIEA Waste Management – An updated quantitative risk assessment report has been provided in support of the application. The report includes detailed Quantitative Risk Assessment and a Remedial Strategy for the development. Waste Management Land and Groundwater Team are satisfied that the unacceptable risks identified will be managed by the remedial measures proposed and have no objections to the development subject to conditions. See conditions section later in this report.

9. Representations

One representation has been received on the application from the leaseholder of the ‘Maxol’ Service Station (4 Letterkenny Road) which is the existing premises located on the site. The issues raised relate to the loss of the service station from the community; family run farm shop / convenience store serving the local area, employing up to 10 people, with disabled access and parking. The business has

Page 31 Appendix 3

up to 2,000 customers per day. Taking the service away from the community would have a devastating effect in the area.

A total of 16 objections were initially received on the application back in July 2007. These were received from properties in Glenanne and Glendara and all raised similar issues, including; the proposed development would have a detrimental effect on the area; anti-social behaviour; litter; noise and increased traffic; not designed for families, does not ease housing needs of the area.

Following re-advertisement and re-neighbour notification of the amended address, ‘4 Letterkenny Road,’ a further 26 objections and 2 petitions of objection have been received from local residents of Coshowen, Foyle Road, Glendara, Old City Court, Letterkenny Road, and Triax Neighbourhood Partnership; and petitions signed from a number of residents in Iona Court, Brandywell Avenue, Lecky Road, Lone Moor Gardens, Braehead Road, Old City Close, Moore Walk, Ardfoyle, Abbey House, Iona Park, Kylemore Park, Oakfield Crescent, Lennan Grove, Orchard Row, many of which do not adjoin the application site boundary. The issues raised in the recent objections and petitions raised similar issues to the objections initially received on the application including;

- Loss of the shop deprives residents including pensioners and disabled, serves needs of those without transport. - No plans for provision of new shop - Unemployment, loss of jobs for local shop workers - 5 storey development is out of keeping with local area; which is single family homes and pensioners, high density, not in keeping with the streetscape. - Lack of consultation – residents were not properly consulted - Parking for new residents – inadequate parking spaces in the area - General disturbance of building site and encroachment onto walking and sports area, ‘the line’ and ‘Daisy Field’. - Private, segregated apartment block is not complimentary to the needs of community - Apartments are not in demand - Anti-social behaviour and management of the development - Area is identified as Foyle Valley Gateway by Council as one of 11 projects in the One Plan and supported by Triax. This proposed development will hinder and negatively impact on regeneration currently taking place for that area.

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Consideration of representations

The 16 objections that were received on the initial proposal in 2007 was for a considerably different development proposal in appearance. However, the issues raised initially, and those raised in the recent 26 objections and 2 petitions have all been considered, and Planning Officials would make the following comments:

• The provision of the units will complement the housing mix and meet demand in the area with apartments fitting in with the existing tenure offered in the immediate area of the site, which has two three storey apartment blocks adjacent to the site. • In terms of anti-social behaviour, whilst it is acknowledged that anti-social behaviour is a community concern, the design and orientation of the blocks proposed are designed in such a way as to deter crime and provide supervision both within the site and outside the site. • The increased traffic has been dealt with by Transport NI who are satisfied with the access arrangements and the parking provision. The majority of parking is provided in a basement level car park under apartment block C, with a total of 74 parking spaces provided at basement level. A further additional 16 spaces are provided within the site. The proposal meets the requirements of PPS 3. • Any noise presumably generated by new residents would be controlled by separate legislation under the remit of Environmental Health. Any construction noise, whilst inconvenient, would be in the short term. • With regards to the loss of local amenity by replacing the shop with the apartments, the site is identified as white land under the Area Plan and is not zoned for a commercial use, therefore the principal of the use of the site changing to housing is acceptable, and the use as housing also fits and is appropriate with the predominant use of the area. Local neighbourhood facilities are not required on site due to the scale of the scheme. The site is located within the development limits of the City and close to the City Centre and there are some local shopping and neighbourhood facilities on Bishop Street. Whilst the loss of this local shop facility may be unfortunate, this is a private business and any decision to close it would be beyond the control of Planning. • In terms of lack of consultation, the ‘identified occupiers’ on neighbouring land to the application site were all neighbour notified initially in July 2007; on the amended scheme in May 2015, April 2016 and also on the recent change to the address from 4 Foyle Road to 4 Letterkenny Road on 27th July 2016. The application was also advertised in the local papers

Page 33 Appendix 3

initially in July 2007 and re-advertised with the change of address on 15th July 2016. Officials are therefore satisfied that the legislative requirements have been carried out. • In terms of the character, density and the concerns relating to the 5 storey apartment block, within the immediate area and adjacent to the site are existing apartment developments at 6 Letterkenny Road which is 3 storey in height and ‘Old City Court’, which is 4 storey in height. Proposed apartment block C which is dual frontage and fronts both on to the existing playing pitches and the River Foyle is mainly 4 storey in height but steps up to 5 storey only on one element. The scale and massing of the three apartment blocks have been carefully considered and in the context of the nearby existing residential apartment units, the separation distance from the dwellings across the road at Glenanne and Glendara, and the separation distance between the development at Coshowen and the site, the proposal is considered appropriate to the site. • With regards to the concerns of Triax that this proposed development will impact the regeneration of the area, it is considered that this proposed development will positively contribute to the regeneration of the area. Part of the site is underused waste land, and the development will not only increase the supply of housing and demand in the area, it also provides an attractive quality residential environment for its future occupiers as well as providing linkages to the existing riverside walkways and playing fields, which will not only improve the site visually but it will bring benefits to the future occupants. • In terms of the management of the development, a condition can be imposed to ensure that the units cannot be occupied until a management and maintenance plan for the open space and landscaped areas has been put in place. See condition no 13 later in this report.

Planning officials consider that all objections have been fully considered.

10. Planning Assessment, including Other Material Considerations

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

Page 34 Appendix 3

of Established Residential Areas; PPS 3 Access Movement and Parking, and supplementary guidance in ‘Creating Places’, as well as consultation responses and the representations received.

The Strategic Planning Policy Statement for NI (SPPS)

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

Derry Area Plan 2011

The application site is located on unzoned ‘white land’ as shown in the Derry Area Plan. Development proposals will therefore be considered on locational merits in accordance with planning guidelines and policy.

Planning Policy Statement 15 Planning and Flood Risk

The proposal meets the requirement of PPS 15 policy FLD 3, with a Drainage Assessment being submitted during the processing of the application. Rivers Agency has advised that the applicant will need to requisition NI Water to provide a suitable storm outfall; this is a matter for the applicant and NI Water.

Planning Policy Statement 3 Access Movement and Parking

The proposal complies with PPS 3 as it has been demonstrated that adequate parking for the site has been provided. The majority of parking is provided in a basement level car park under apartment block C, with a total of 74 parking spaces provided at basement level. A further additional 16 spaces are provided within the site. Negotiations between the agent and Transport NI have taken place and the development will remain private and will not be adopted by Transport NI. Conditions have been provided relating to the access and visibility splays into the site. See conditions in later section in this report.

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

All of the QD1 criteria (a-i) are expected to be met; they are each assessed below:

a) In terms of the site’s character, the site is located within an established residential area, with an existing 3 storey apartment development at 6 Letterkenny Road located immediately west of and adjacent to the site. To the east is an existing residential development, ‘Coshowen’, which

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comprises of two storey terrace dwellings, but which are separated from the site by an existing pumping station. The curtilage of the site extends beyond that of the existing farm shop/service station and includes additional land covered by some shrub vegetation. The site’s boundary adjoins on to existing playing pitches which separate the site from the River Foyle. The layout, scale and massing of buildings are appropriate to the character and topography of the site. The proposed 53 units take the form of three residential blocks of development. Block A fronts onto Letterkenny Road and is 4 storey in height; block B is orientated so that it backs on to the existing pumping station and is 3-4 storey in height; block C is dual frontage and fronts on to both the internal road and on to the River Foyle, it is 4 storey in height and steps up to 5 storey. The scale and massing of the three apartment blocks have been carefully considered and in the context of the nearby existing residential apartment units, the separation distance from the dwellings across the road at Glenanne and Glendara, and the separation distance between the development at Coshowen and the site, the proposal is considered appropriate to the site.

Site layout plan

b) There are no features of archaeological and built heritage identified on the site. c) This application is for 53 apartments and therefore communal open space is required for this development. This takes the form of communal grassed and two paved areas with seating located

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within the site. There is a smaller area of communal open space looking onto the River Foyle and will have a gated access for residents only. In addition the car park will be informally laid out with the only delineation being the connecting pavement slabs between the access doors at the ground floor apartments and the open space. When the car park is empty this will provide an additional piece of active open space that will also have a greater visual quality than a traditional tarmacked car park. In terms of private amenity space, apartment block C has a timber decking area at ground floor level which provides those apartments with their own private amenity space at ground floor level. Private amenity space has also been provided at ground floor level of block A with these units having a private garden which fronts onto Letterkenny Road. Some upper level units on all three apartment blocks have been provided with access to a private terrace/balcony.

A landscaping scheme has been provided for the site which will soften the visual impact of the development and assist in its integration with the surrounding area.

Particularly given the proximity to the existing playing fields adjacent to the site, the proposal therefore meets the standards and guidance of Creating Places in terms of private amenity space for the apartments and PPS 8 in terms of the provision of communal open space, and landscaping for the site.

Landscaping and boundary treatment plan

Page 37 Appendix 3

d) Local neighbourhood facilities are not required due to the scale of the scheme; however the site is located within the development limits of the City and close to the City Centre and there are some local shopping and neighbourhood facilities on Bishop Street. e) A movement pattern has been established for the development with provision made for a new vehicular access into the site and footways to serve the development. These will connect to the existing Letterkenny/Foyle Road and allow for access to the existing open space (playing pitches), and the pedestrian footpath network to the south of the site. The vehicular access will be at the northwest corner of the site and will allow for refuse vehicles to enter and exit the site in forward gear. The pedestrian is catered for by a gated pedestrian access at Foyle Road, this will allow people to move from the Foyle Road to the open space/playing pitches beyond the site and link up with an existing walkway which traverses the southern boundary of the site. Between the two access points, there would be opportunities to access the ground floor of the three apartment blocks, the underground car park and the raised passive open space between blocks B and C, all of which adds to a pedestrian movement pattern that has the ability to knit the development into the urban fabric of the immediate area.

Photograph taken from existing playing pitches at the rear of the site, showing existing path to the southern boundary of the site which will link into a new proposed pedestrian path through the development

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f) Adequate provision has been made for parking within the development with in-curtilage parking provided for the apartment blocks, both at ground floor level and provision of an underground semi-basement parking level in block C. Transport NI have no concerns relating to the parking provision which meets the requirements of PPS 3 and the published ‘Parking Standards’. g) In terms of form, materials and detailing, Planning officials would make the following comments;

Form - The built form takes the idea of three visually interlinked yet physically separate blocks that both frame the Foyle Road and present a frontage onto the existing playing pitches to the south. Block B sits at an angle to the other two blocks which provides a supervised area that frames the internal courtyard, the car parking area and the pedestrian walkway that links the road to the playing pitches/walkway. Within the immediate area there are two large apartment blocks west of the site which would not be considered as high a quality as the current scheme, but are very much ‘of their time’. This development is a more considered and thought out approach to how the blocks work with each other and the surrounding area.

Materials - The proposed materials take some cues from the surrounding area but have introduced a new palate which should complement but also modernise the visual aspect of the street scene, which is currently dominated by red brick or dashed render. The materials proposed are render to the main mass of the exterior walls; this is punctuated by small horizontal bandings of red cedar cladding and capped with a flat roof composed of grey powder coated aluminium. Prominent parts of the front elevations which project will have metal panelling of a grey metallic finish. The balcony areas will have glass balustrades.

Detailing - The design is a very modern contemporary take on apartment design. It takes the form of three blocks that are visually linked. The height ranges from three to four storey with one element of Block C sitting at 5 storeys to accentuate the play of roof heights that are a common theme throughout the design. This has the effect of lessening the large mass of what would otherwise be an imposing frontage. A further method of alleviating the mass and creating an interest in the design is breaking up the frontages in both vertical and horizontal means. This is achieved by a mix of materials and bringing forward and stepping back various components of the elevational treatments.

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Apartment Block A fronting on to Letterkenny Road

Apartment Block B Elevations

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Apartment Block C elevation fronting on to the existing playing pitches south of the site h) The Design and layout will not conflict with adjacent land uses and there will be no unacceptable adverse effect on existing or proposed properties in terms of overlooking, loss of light, overshadowing, noise or other disturbance. Separation distances between the existing developments, orientation of buildings and massing of the proposed buildings has been carefully considered to ensure that there will be no adverse impact on existing residential amenity. In terms of separation, there is adequate distance to the neighbouring housing development to the east at Coshowen, which includes a pathway, existing pumping station and open space. To the west there is an adjacent three storey apartment building and a vacant commercial plot previously known as “The old city dairy” site.

With regards to noise and other disturbance, Environmental Health have no objections to the proposal. It is inevitable that there will be some noise during the construction phases of the development, however the developer is advised by way of an informative that the applicant should ensure adequate steps are taken during construction to control noise and dust.

i) The development is designed to deter crime and promote personal safety to and from the site as pedestrians access/exit the site. This has been demonstrated in the orientation of the apartment blocks which has provided three and four storey elevations onto all the open spaces, inside and outside of the development. The window orientation of block B provides direct supervision onto

Page 41 Appendix 3

the proposed pedestrian link which leads to the existing playing pitches south of the site. There is also increased supervision on the existing pedestrian network with frontages provided along Foyle Road; and also on the rear elevation of block C which provides supervision to the existing playing pitches and walkway south of the site. In addition, there are also a number of ground floor accesses to all the major elevations that should effectively cover any potential blind spots within the development.

Addendum to PPS 7 - Policy LC1 Protecting Local Character, Environmental Quality and Residential Amenity.

In established residential areas, all of the criteria a-c are expected to be met;

a) The proposed density is not significantly higher than that found in the established residential area as there are two existing apartment/flat developments located to the west of the application site. Whilst there are existing residential dwellings within the established area at Glenanne, Glendara and Coshowen, this proposed apartment development in terms of its form, scale, massing and layout respects that of the adjacent housing developments given the separation distances to the existing dwellings.

b) The pattern of development is in keeping with the overall character and environmental quality of the established residential area. The form, layout and positioning of the apartment blocks on the site respect the overall character of the area and take into account proximity to neighbouring residential dwellings

c) The proposed apartment sizes are within the recommended guidelines; the average size of a 2 bedroom apartment ranges between 64 and 89 m2 which is well within the recommended guidelines.

Conclusion and Recommendation

Page 42 Appendix 3

the future occupants; provision of parking and access in accordance with PPS 3, sewerage and land drainage in accordance with PPS 15; all of which are supported through the SPPS for NI. Other material considerations have also been taken into account, including the representations received, but overall the considerations support an approval of the application.

It is therefore recommended that the Council’s Planning Committee approve planning application A/2007/0672/F for the proposed development subject to conditions set out below;

1. As required by Section 61 of the Planning Act (Northern Ireland) 2011, the development hereby permitted shall be begun before the expiration of 5 years from the date of this permission.

Reason: Time Limit.

2. The development hereby permitted shall not be occupied until the remediation measures as described in the remediation strategy submitted in WYG’s ‘Updated Generic Quantitative Risk Assessment, Detailed Quantitative Risk Assessment and Remedial Strategy’ report, dated 12th January 2016; and in the WYG letter dated 18th April 2016; have been implemented to the satisfaction of the Planning Authority. The Planning Authority must be given 2 weeks written notification prior to the commencement of remediation work.

Reason: Protection of human health and environmental receptors to ensure the site is suitable for use.

3. If during the development works, new contamination or risks are encountered which have not previously been identified, works should cease and the Planning Authority shall be notified immediately. This new contamination shall be fully investigated in accordance with the Model Procedures for the Management of Land Contamination (CLR11). In the event of unacceptable risks being identified, a remediation strategy shall be agreed with the Planning Authority in writing, and subsequently implemented and verified to its satisfaction.

Page 43 Appendix 3

Reason: Protection of human health and environmental receptors to ensure the site is suitable for use.

4. After completing the remediation works under Conditions 1 and 2; and prior to occupation of any units on this development, a verification report needs to be submitted in writing and agreed with Planning Authority. This report should be completed by competent persons in accordance with the Model Procedures for the Management of Land Contamination (CLR11). The verification report should present all the remediation and monitoring works undertaken and demonstrate the effectiveness of the works in managing all the risks and achieving the remedial objectives.

Reason: Protection of human health and environmental receptors to ensure the site is suitable for use.

5. Evidence must be presented in the Verification Report that all fuel storage tanks (and associated infra-structure) have been fully decommissioned and removed in line with current Pollution Prevention Guidance (PPG2, PPG27) and the quality of surrounding soils and groundwater has been verified. Should contamination be identified during this process, Condition 2 will apply.

Reason: Protection of human health and environmental receptors to ensure the site is suitable for use.

6. No development or piling work should commence on this site until a piling risk assessment has been submitted in writing and agreed with the Planning Authority. Piling risk assessments should be undertaken in accordance with the methodology contained within the Environment Agency document on “Piling and Penetrative Ground Improvement Methods on Land Affected by Contamination: Guidance on Pollution Prevention”.

Reason: Protection of human health and environmental receptors to ensure the site is suitable for use.

7. During the first available planting season after the occupation of any unit hereby approved, or as otherwise agreed in writing with the Council, the landscaping (other than boundary treatments) shall be carried out in accordance with the Planting Plan (Drawing No. 11) received by the Council on 03 May 2016.

Page 44 Appendix 3

Reason: In the interest of visual and residential amenity.

8. The boundary treatments for the site as identified on Drawing no 11 dated 03 May 2016, shall be completed prior to the occupation of any individual unit hereby approved.

Reason: To secure a quality residential environment

9. 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.

10. The vehicular access, including visibility splays, shall be provided in accordance with Drawing No. 02 rev 08 bearing the date stamp 21 December 2015, prior to the commencement of any other development hereby permitted. The area within the visibility splays and any forward sight line shall be cleared to provide a level surface no higher than 250mm above the level of the adjoining carriageway and such splays shall be retained and kept clear thereafter.

Reason: To ensure there is a satisfactory means of access in the interests of road safety and the convenience of road users.

11. The gradient of the access road shall not exceed 4% (1 in 25) over the first 10m outside the road boundary. Where the vehicular access crosses a footway, the access gradient shall be between 4% (1 in 25) maximum and 2.5% (1 in 40) minimum and shall be formed so that there is no abrupt change of slope along the footway.

Reason: To ensure there is a satisfactory means of access in the interests of road safety and the

Page 45 Appendix 3

convenience of road user.

12. No dwelling shall be occupied until hard surfaced areas have been constructed in accordance with the approved drawings to provide adequate facilities for parking and circulating within the site. No part of these hard surfaced areas shall be used for any purpose at any time other than for the parking and movement of vehicles.

Reason: To ensure that adequate provision has been made for parking.

13. No units shall be occupied until a landscape management and maintenance plan has been submitted to and approved by the Council. The plan shall set out the period of the plan, long term objectives, management responsibilities, performance measures and maintenance schedules for all areas of landscaping and open space. The landscape management plan shall be carried out as approved.

Reason: To ensure successful establishment and ongoing management and maintenance (in perpetuity) of the open space and amenity areas in the interests of visual and residential amenity.

Page 46 Appendix 4

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 7th September 2016

APPLICATION No: J/2015/0067/O

APPLICATION TYPE: Outline

PROPOSAL: Demolition of existing buildings and construction of Irish language Centre and associated works

LOCATION: 1 Daisy Park Sion Mills

APPLICANT: Antaine O’Fearghail

AGENT: Michael Mullin

ADVERTISEMENT/STATUTORY EXPIRY: 26/09/2015

RECOMMENDATION: Approve

REASON FOR PRESENTATION TO COMMITTEE: Application referred to Committee following legacy meeting with Members on 14 April 2016. All planning application forms, drawings, letters etc. relating to this planning application are available to view on www.planningni.gov.uk

1. Description of Proposed Development The proposal is an outline planning application for Demolition of existing buildings and construction of Irish language Centre and associated works.

2. Site and Surrounding Area The site is located within the development limits of Sion Mills as defined in the Strabane Area Plan. Currently on the site there is a single storey building that has the appearance of a dwelling although at present it is used for The Teaching Irish language. The site has a large garden to the rear with a small garden to the front.

The roadside boundary of the site is defined by a 1m high block wall and pedestrian access gates. The western boundary is shared with an adjacent shop and residential accommodation to the rear and is not clearly defined. All boundaries of the site are shared with adjacent residential development, and most of the remaining boundaries are defined by tree lined hedges, with some mature trees along the western and northern boundaries.

Page 47 Appendix 4

The main character of the area is defined by a mix of uses including single detached, semi- detached and terraced dwellings, a shop and a parochial hall.

3. Site Location Plan

Site frontage of No 1 Daisy Park, Sion Mills

Page 48 Appendix 4

Daisy Park Streetscape (approaching from the south)

Daisy Park Streetscape (approaching from the north)

Boundary between No 1 Daisy Park and No 3 Daisy Park

Page 49 Appendix 4

4. Site Constraints No constraints identified.

5. Neighbour Notification Report Neighbour Notification was carried out to all relevant properties on 6th April 2015 Re Notification on the receipt of amended plans was carried out on the 11th September 2015.

6. Relevant Site History J/2011/0301/O: Approved outline planning application for the replacement of existing Irish Language centre and associated works.

7. Policy Framework Strategic Planning Policy statement Strabane Area plan 2001 PPS3 Access, Movement and Parking

8. Consultee Responses, Internal/External Transport NI- The Department for Regional Development has no objections to approval being granted to this application subject to conditions and informatives

Northern Ireland Water- No objections

Environmental Health- No objections

9. Representations: • Anonymous objection was received with reference to protected species on site. The applicant/agent submitted a Biodiversity Checklist and the LPA are content that there is no likely impact upon protected species. • Letter received from No 3 Daisy Park- issues raised including: - over development, - parking provision for proposed development, - lack of play/recreation areas, - privacy, - road safety, - are boundaries in correct position, - location map makes account of conservatory, proper scaled drawings,

Page 50 Appendix 4

- impact of new planting on light and right to view. These issues are addressed within section 10 below.

10. Planning Assessment and Other Material Considerations The application has been assessed under the Strabane Area Plan and relevant Planning Policy including the Strategic Planning Policy Statement (SPPS) and Planning Policy Statement 3. The SPPS states that the Planning system operates in the public interest of local communities and the region as a whole and encompasses the present as well as future needs of society. It is considered that the proposal will not unacceptably affect amenities and the existing use of land and buildings. Transport NI have no objection to the proposed development and it is acceptable under PPS 3.

A further material consideration is the previous planning history on the site. Planning Application J/2011/0301/O for outline planning application for the replacement of existing Irish Language centre and associated works was approved on 8th March 2012. Under this previous application the applicant/agent submitted additional information stating that the current building has been used for teaching Irish language classes, Irish medium education and community regeneration projects from 2005, therefore the property is immune from enforcement action and the use is lawful. DOE Planning at the time were content with this information. However this approval has expired on 7th March 2015. Therefore this use appears to be established on this site for a considerable time period.

Consideration of Objection: Overdevelopment- proposal was initially for two storey rear extension however the LPA requested a change of description in line with previous approval on site. Amended description submitted and the proposal was re-advertised and neighbours & objectors were notified. Parking provision for proposed development/Road safety- TNI are content with the proposal with on street parking provision and additional parking available within the locality. The block plan mirrors that approved under J/2011/0301/O. Lack of play/recreation areas- this is a small scale proposal and there is sufficient lands to the rear of the property to provide adequate amenity space. Privacy- proposal was initially for two storey rear extension however the LPA requested a change of description in line with previous approval on site. The LPA had concerns over the

Page 51 Appendix 4

proposed layout and the potential adverse impact on the amenity of adjacent residents. The description was duly amended. The design of the building can be assessed at Reserved Matters (RM) stage and the applicant/agent is aware that it will have to be designed to respect neighbouring private amenity. Boundaries in correct position, location map makes account of conservatory, proper scaled drawings, and impact of new planting on light and right to view- The LPA requested an amended block plan indicating the neighbour’s side conservatory. The LPA are content that the plans are accurate. (Please see Drawing no 02Rev1 below and additional photograph)

Page 52 Appendix 4

It is the opinion of the LPA that the character of this area will not be adversely affected by this proposal. The character of the area at present is mostly residential, with other services including the adjacent shop, and the parochial hall.

The design of the buildings and security of the site can be assessed at Reserved Matters stage and the proposed development will have to be designed to respect and safeguard private residential amenity.

The applicant has indicated that an additional 13/15 people will be attending this site at certain times of the day. New parking spaces will mean that vehicles can be parked in front of the proposed building while any overspill can be accommodated at the nearby parochial hall car park or within on street parking. It is my opinion that this increase of people attending the site will not have a detrimental impact on the residential amenity of adjacent residents and the existing character of this area.

All matters have been considered, and due to previous site history and no change in policy, The LPA recommends approval subject to conditions set out below.

11. Conditions

1. As required by Section 62 of the Planning Act (Northern Ireland) 2011, application for approval of the reserved matters shall be made to the Department within 3 years of the date on which this permission is granted and the development, hereby permitted, shall be begun by whichever is the later of the following dates; (i) The expiration of 5 years from the date of this permission; or

(ii) The expiration of 2 years from the date of approval of the last of the reserved matters to be approved.

Reason: Time Limit

2. Approval of the details of the siting, design and external appearance of the building, the means of access thereto and the landscaping of the site (hereinafter called 'the reserved matters'), shall be obtained from the Department, in writing, before any development is commenced.

Page 53 Appendix 4

Reason: To enable the Department to consider in detail the proposed development of the site.

3. A scale plan and accurate site survey at 1:500 shall be submitted as part of the reserved matters application showing the access to be constructed and other requirements in accordance with the attached RS1.

Reason: To ensure there is a satisfactory means of access in the interests of road safety and the convenience of road users.

4. The existing natural screenings of this site, as indicated on drawing No 02 revision1 date received 20th December 2011, shall be permanently retained unless otherwise agreed by the Department in writing. The species, position and heights of trees and hedges to be permanently retained shall be clearly identified on a landscaping plan to be submitted and approved at Reserved Matters stage.

Reason: To assist with visual amenity and to provide protection to adjacent residential amenity.

5. A detailed tree survey shall be carried out and these details shall include: location, species, girth (measured 1m above ground level), accurately plotted crown spread and reference no. of all trees on the site with a stem diameter of 75mm or greater. A schedule of works shall be provided including any tree surgery. Details of how retained trees within the site are to be protected during construction shall be provided at Reserved Matters stage.

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

6. A landscaping plan shall be submitted as part of the Reserved Matters application and shall include the location, species and number of trees and hedges to be planted.

Reason: In the interest of visual amenity.

Page 54 Appendix 5

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 7th September 2015

APPLICATION No: LA11/2015/0213/F

APPLICATION TYPE: Full

PROPOSAL: Change of use from existing tractor/trailer garage and store to building for the refurbishment of farm machinery & equipment and retention of spray booth to be used in conjunction with proposed use.

LOCATION: 12 Rocklea Road, Scarvagherin, Castlederg.

APPLICANT: Mr Ryan Irwin

AGENT: Brendan Johns

ADVERTISEMENT/STATUTORY EXPIRY: 02/07/2015

RECOMMENDATION: Refuse

REASON FOR PRESENTATION TO COMMITTEE: A member of Derry City and Strabane District Council Planning Committee have referred in this application. All planning application forms, drawings, letters etc. relating to this planning application are available to view on www.planningni.gov.uk

1. Description of Proposed Development

The proposal is for the change of use from existing tractor/trailer garage and store to building

for the refurbishment of farm machinery & equipment and retention of spray booth to be used

in conjunction with proposed use

2. Site and Surrounding Area

The proposed site is located at 12 Rocklea Road Scarvagherin Castlederg. The site contains a

large detached dwelling with hard standing to rear and detached double garage and

garage/store all to the rear. Approval J/2013/0055/F for the Retention of existing domestic

garage and ancillary store was granted on 29th March 2013.

Also to the rear of the property is a tin shed attached to the existing garage which houses a

spray booth/oven with external vent and an area to work on vehicles.

Page 55 Appendix 5

The site is set within the countryside as set out in the Strabane Area Plan 2001. Localised

Views of the site from Rocklea Road.

View from the NW on Rocklea Road

Page 56 Appendix 5

Views of the existing spray booth

Page 57 Appendix 5

Page 58 Appendix 5

3. Site Location Plan

4. Site Constraints

No site constraints apply.

5. Neighbour Notification Report

Numbers 7, 9, 10, 12 Rocklea Road, Scarvagherin, Castlederg have been neighbour notified.

6. Relevant Site History

• J/2013/0055/F- Approval for Retention of existing domestic garage and ancillary

store

• Previous enforcement appeal 2014/E008 was dismissed at appeal by the Planning

Appeals Commission (PAC). PAC found that the business had no support under PPS4

and therefore it was not the type of development acceptable in the countryside

under CTY1 of PPS21.

• J/2004/1059/O& J/2006/0514/RM- Approval for dwelling and garage at Site 180m

South West of No 7 Rocklea Road, Scarvagherin, Castlederg

Page 59 Appendix 5

7. Policy Framework

8. Strabane Area Plan 2001

Strategic Planning Policy Statement

PPS21 Sustainable Development in the Countryside ( Policy CTY4)

PPS4 – Planning and Economic Development

9. Consultee Responses, Internal/External

Transport Ni- No objection

Environmental Health Department comments are as follows:

Environmental Health therefore recommends that the applicant is requested to provide a noise

impact assessment with reference to the BS4142: 2014 Methods for Rating and Assessing

Industrial and Commercial Sound. Such an assessment must be conducted by a competent

person(s) and include a comprehensive assessment of the proposed development. All

proposed activities must be specified including identification of all plant and equipment to be

used, sound power/pressure levels of such plant, the noise attenuation provided by proposed

buildings and the predicted noise levels of all activities to take place at residential receptor

locations. The assessment should make reference to existing background noise levels in the

vicinity of the proposed development and at the nearest noise sensitive receptors, and provide

evidence of the likely noise impact of the proposed development on these noise sensitive

receptors and demonstrate whether or not compliance with relevant noise criteria can be

achieved.

Page 60 Appendix 5

Prior to being able to fully comment on the proposal Environmental Health would request

additional information in relation to the type and quantity of paints that would be used within

the spray booth/oven. Environmental Health would also request further information in relation

to the measures incorporated into the spray booth/local exhaust ventilation system to ensure

that nearby residential properties do not suffer intermittent disturbance and loss of amenity

as a result of fumes associated with the paint respraying. These measures should include

details of regular checks and maintenance carried out by the operator in accordance with

HSG276-2014 (Isocyanate paint spraying-Safely managing spray booths and rooms). In addition

to regular checks and maintenance the spray booth/oven should be ‘thoroughly examined and

tested’ by a competent person at least once every 14 months as a requirement of regulation 9

of the Control of Substances Hazardous to Health regulations 2002(as amended in 2004).

10. Representations:

There were 11 signatories to a petition submitted in support of the application. The petition stated:

I have lived and farmed in the locality for many years. Due to farming being my livelihood, my farm machinery is constantly used and suffers wear and tear. I presently use the services of a machinery spares and repairs outfit in Omagh when I need to have machinery mended. Sometimes however I can be waiting for up to 2 weeks to have my machinery serviced and even longer if spare parts are required. If I was able to use a local facility, like the one proposed by Mr. Irwin, I would definitely avail of his services as the site would be local for handiness and could save me time and money in the long term.

11. Planning Assessment and Other Material Considerations

Policy Context

Page 61 Appendix 5

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.

Area Plan

This proposal has been assessed against the provisions of the Strabane Area Plan 2011. This

site is set within the countryside.

Strategic Planning Policy Statement (SPPS) and Planning Policy Statements (PPS)

The Strategic Planning Policy Statement (SPPS) introduces transitional arrangements which

will operate until the Council’s Plan Strategy has been adopted. During this period, planning

authorities will apply the existing policy (in this case PPS21 policies CTY1 & CTY4 – the

retained policy) together with the SPPS. Any conflict between the SPPS and the retained

policy must be resolved in favour of the SPPS.

The SPPS retains the policy provisions of Planning Policy Statement 21: Sustainable

development in the countryside (PPS21). 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. The applicant has argued that the

proposal falls within one of the categories of appropriate development namely the

Conversion and Re-use of an existing building in accordance with Policy CTY 4.

Page 62 Appendix 5

Strategic Planning Policy Statement, para 6.73 ‘the conversion and re-use of existing

buildings for non-residential use’, highlights provision for the sympathetic conversion and

reuse of a suitable locally important building of special character or interest (such as a school

house, church and older traditional barns and outbuildings) for a variety of alternative uses

were this would secure its upkeep and retention and where the nature and scale of the

proposed non-residential use would be appropriate to its location

Para 1.2 of the SPPS states that where it 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 applications. In respect of PPS21 policy CTY4 and SPPS para 6.73, the

SPPS clarifies that buildings for conversion and re-use should be locally important buildings of

special character or interest.

Further to this, para 6.87 of SPPS provides guidance on Economic Development in the

Countryside. It highlights the re-use of rural buildings may provide scope for sustainable

economic development.

Policy Considerations

The building has approval under J/2013/0055/F for ‘Retention of domestic garage and

ancillary store’. The applicant has not demonstrated that the proposal is for farm

diversification, nor is the use for agricultural of forestry development.

Policy CTY4 of PPS21

Under Policy CTY4, planning permission will be granted for proposals for the sympathetic

conversion, with adaption if necessary, of a suitable building for a variety of uses which

Page 63 Appendix 5

would secure its upkeep and retention. The proposals will be required to be of a high design

quality and meet the following criteria:

• The building is of permanent construction

• The reuse or conversion would maintain or enhance the form and would not have an

adverse effect on the character or appearance of the locality.

• Any new extensions are sympathetic to scale, massing and architectural style and

finishes of the existing building.

• Not unduly affect the amenities of nearby residents or adversely affect the continued

agricultural use of adjoining land/buildings

• The nature and scale of any proposed non-residential use is appropriate to

countryside location.

• All necessary services are available

• Access to the public roads will not prejudice road safety.

These points will be addressed in turn:

• The proposal is for the change of use (retention) from an existing tractor/trailer

garage and store to building for the refurbishment of farm machinery & equipment

and retention of spray booth to be used in conjunction with proposed use. It is

located within a building previously approved for domestic purposes. The proposed

structure is of a permanent construction.

• The building is of a form characteristic of domestic garages and would not therefore

have an adverse effect on the character or appearance of the locality.

• No new extensions are proposed under this application.

• The impact upon the amenity of adjacent resident of No 12 was addressed within

PAC ruling 2014/E008. However EHD have requested reports to address the

potential for noise and air pollution with regards to a wider catchment area.

Page 64 Appendix 5

The Environmental Health Department has requested additional information to

enable full assessment of the proposal with regards to noise and odour. This

information has not been requested as the principle of development has not been

established. Thus it has not been demonstrated that the proposal will not unduly

affect the amenities of nearby residents.

• Whilst the proposal is small scale, the nature of the business is not considered

appropriate to a countryside location. This view is supported by the previous appeal

decision 2014/E008 (discussed further below).

• Services – water is by mains supply and sewage disposal by septic tank. A consent to

discharge is required and issued by NIEA.

• Access to the public road was addressed within PAC ruling 2014/E008 in which it was

highlighted that there would be no intensification of use onto the public road and

therefore the PAC deemed the access acceptable.

SPPS para 6.73 – The conversion and re-use of existing buildings for non-residential use:

In my professional opinion, the existing structure is not a locally important building of special

character or interest the conversion or re-use of which would merit its upkeep and retention.

The structure is a relatively recent construction which exhibits a standard contemporary style

garage appearance. The spray booth element is of utilitarian industrial appearance.

Planning Appeals Commission interpretation:

My professional interpretation of policy CTY4 is supported by a recent Planning Appeal

Commission ruling under reference 2015/A0232. Whilst that decision related to

conversion of a garage to a residential dwelling, the findings of the commission are

pertinent to consideration of this application. The PAC highlighted that “Policy CTY4

Page 65 Appendix 5

states that planning permission will be granted to proposals for the sympathetic

conversion, with adaptation if necessary, of a suitable building (my emphasis) for a

variety of alternative uses, including use as a single dwelling, where this would secure its

upkeep and retention. Paragraph 6.73 of the SPPS however in stating that provision

should be made for the sympathetic conversion and re-use, with adaptation if necessary,

of a locally important building (my emphasis). The matter of potential conflict arising

between the SPPS and retained existing policies is addressed in Paragraph 1.12 of the

SPPS. It states that 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 afforded greater weight in the assessments of individual planning applications.

The weighting direction in the SPPS indicates that ‘locally important building’ must takes

precedence in the first instance over any criteria contained in Policy CTY4 of PPS21.”

Further to this the PAC stated

“The SPPS does not define “locally important” but lists examples such as former school

houses, churches and older traditional barns and outbuildings. I consider that these cited

examples typically relate to buildings that generally have some design, architectural or

historic merit. Whilst the appellant argues that the building is of personal significance and

value to him, he has advanced no argument or detail as to why it is ‘locally important’.

….Whilst each building must be assessed on its own merits, I agree with the planning

authority that to permit the conversion of such a building to a dwelling in the countryside

under the expressed policy would effectively create precedence for similar proposals.

Page 66 Appendix 5

I would also strongly concur with the PAC ruling, in that, if approved, this proposal for

conversion of a domestic garage to an economic business, would result in a very undesirable

precedent within the countryside. The issue of precedent is considered further below.

Economic Development in the Countryside PPS4

It is my opinion that the nature of the proposal is not in keeping with this countryside

location and should be redirected into a more appropriate location within a settlement. This

is further supported by the Planning Appeal Commission statement on enforcement appeal

reference: 2014/E008 in relation to this development. The appeal was dismissed for the

reasons summarised below.

In the appeal it was highlighted that planning permission will be granted for non-residential

development in the countryside in nine circumstances, one of which is industry and business

uses in accordance with Planning Policy Statement 4 Planning and Economic Development

(PPS4). It follows that if the proposal is compliant with PPS4, it satisfies the requirements of

Policy CTY1 of PPS21.

Policy PED 2 of PPS 4 states that proposals for economic development in the countryside will

be permitted in accordance with the provisions of Policies PED 3-6 inclusive thereof. As the

proposal does not involve the expansion of an established economic development use (PED3),

the redevelopment of an established economic development use (PED4)or a major industrial

development (PED5), Policies PED 3-5 inclusive provide no support for it in principle. Whilst

Policy PED 6 relates to small rural projects, the proposal does not fall within its scope. The

appellant provided evidence as to how he considered the proposal compliant with Policy PED

9. That policy states that: “A proposal for economic development use, in addition to the other

policy provisions of this Statement, will be required to meet all of the following criteria”.

Page 67 Appendix 5

Accordingly, whilst a proposal might satisfy all of the site-specific criteria listed in Policy PED

9, if there is no policy support for it in principle, it is not one of the listed types of non-

residential development permitted in the countryside in accordance with Policy CTY 1 of PPS

21.

The applicant also referred to Annex A “Homeworking” of PPS 4 in support of the proposal.

Annex 1 gives advice on whether homeworking is likely to be ancillary to the dwelling’s

residential use and therefore not require planning permission. The advice it provides is

relevant to the consideration of whether a proposed use constitutes development as defined

by Article 11 of the 1991 Order (which then applied) and does not, of itself, provide policy

support for homeworking. It was previously concluded that the use of part of the “garage” for

body-spraying does not come within the remit of Article 11 (2) (c) of the 1991 Order and is

development, the proposal is not “homeworking”. Accordingly, PPS 4 provides no policy

support for the deemed planning application and the Department has sustained its second

draft reason for refusal inasmuch as it relates to Policy PED 2 of PPS 4.

As it is not one of the types of non-residential development that are acceptable in principle in

the countryside and there are no overriding reasons why it is not essential and could not be

located in a settlement, the proposal is contrary to Policy CTY 1 of PPS 21. Thus there is no

policy support for the use in principle, the appeal on ground (a) is dismissed and planning

permission refused.

Accordingly the proposal is not one of the types of non-residential development (as set out in

Policy CTY1 of PPS21) that are acceptable in principle in the countryside and there are no

Page 68 Appendix 5

overriding reasons why it is not essential and could not be located in a settlement. The

proposal is therefore contrary to Policy CTY1 of PPS21.

Economic Development in the Countryside SPPS para 6.87

In respect of the current application, the applicant/agent has highlighted para 6.87 of the

SPPS which provides guidance on Economic Development in the Countryside. It highlights the

re-use of rural buildings which may provide scope for sustainable economic development.

The applicant has argued that the residential garage recently approved would be deemed a

rural building as it is set within the countryside. The applicant has also stated that the garage

is used to store a tractor/trailer although the applicant is not involved in the agricultural

business.

The building was approved under application J/2013/0055/F for retention of existing

domestic garage and ancillary store. The building was approved as a domestic garage

ancillary to the use of the dwelling. Whilst the building is located in the countryside, it is my

opinion that the interpretation of rural buildings in para 6.87 of the SPPS, should not apply to

domestic garages for reasons of precedent.

The applicant/agent has also identified in policy CTY1 of PPS21 that non-residential

development allows for a necessary community facility to serve the local rural population.

The applicant/agent states that this is a unique community facility offered to local farmers

and a petition of support was submitted as detailed at section 10 above.

I would argue that the existing use is not site specific in that it does not necessarily have to be

at this location. Furthermore settlements of Spamount, Erganagh and indeed Castlederg are

located close to the site. This service provision could easily be located within these

settlement and could still serve the local rural community. The applicant/agent has identified

the employment/economic benefits as a material consideration. It is my opinion and argued

Page 69 Appendix 5

by the applicant / agent in statements of support that the proposal is a small scale enterprise.

I would argue then, that although there may be a small degree of economic benefit to those

in employment, this benefit would not be deemed significant enough to justify relaxation of

rural policy. It has not been demonstrated why this proposal could not be located within a

settlement.

Whilst policy is supportive of sustainable development in the Countryside, a change of use

from a domestic garage to an economic use would not be deemed a sustainable form of

development in the countryside as it could result in a wide ranging undesirable precedent for

the council area. In effect every domestic garage in the rural area could operate as a

commercial business. In my professional opinion this does not equate to sustainable

economic development. It may encourage businesses that would otherwise have located in

local settlements to move out to rural areas. The long term economic viability and vibrancy of

local urban centres (towns and villages) could be compromised.

Conclusion:

In respect of conversion and re-use of existing buildings for non-residential use, the building in question is not a locally important building of special character in accordance with PPS21 policy CTY4 and SPPS.

In respect of Economic Development in the Countryside:

The proposal has previously been refused by the PAC which found that there was no support for this proposal under the requirements of PPS4, and

Page 70 Appendix 5

In respect of SPPS – para 6.87, whilst the building is question is located in the countryside to allow the re-use of a domestic garage for economic purposes is likely to set a far reaching undesirable precedent across the council district.

Recommendation: To Refuse

12. Reason for Refusal

1. The proposal is contrary to the Strategic Planning Policy Statement, Policy PED2 of Planning

Policy Statement 4 Planning and Economic Development in that the nature of the proposed

non-residential use is not appropriate to a countryside location and would set an

undesirable precedent if approved.

2. The proposal is contrary to the Strategic Planning Policy Statement and Policy CTY4 of

Planning Policy Statement 21, Sustainable Development in the Countryside in that the

building to be reused / converted is not a locally important building of special character.

Page 71 This page is intentionally left blank Appendix 6

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 7th September 2016

APPLICATION No: LA11/2015/0817/F

APPLICATION TYPE: Full

PROPOSAL: Retention of 84sq m prefabricated unit used for training and education and rest and tea room for participants in scheme.

LOCATION: Allotment site to rear of Gaelscoil Ui Dhorchartaigh, Ballycolman, Strabane

APPLICANT: Mr Enda McColgan

AGENT: Kieran Martin Architecture

ADVERTISEMENT/STATUTORY EXPIRY: 28/01/2016

RECOMMENDATION: Approve

REASON FOR PRESENTATION TO COMMITTEE: Derry City and Strabane District Council application. All planning application forms, drawings, letters etc. relating to this planning application are available to view on www.planningni.gov.uk

1. Description of Proposed Development

The proposal is a full planning application for the retention of 84sq m prefabricated unit used

for training and education and rest and tea room for participants in scheme

2. Site and Surrounding Area

The site contains a number of allotments, polytunnels and storage units and is located

adjacent to and west of the Mourne River. There is an Irish primary school, which contains

single storey buildings immediately to the west of the site. A public running recreational track

Melvin Park is located to the north. The site is accessed by a narrow road to the north and

North West of the site boundary.

Page 73 Appendix 6

View of site frontage

Aerial view of the proposed site and environs

Page 74 Appendix 6

3. Site Location Plan

4. Site Constraints

No constraints.

5. Neighbour Notification Report

Nearest neighbour outside 90m of the site therefore no neighbours were required to be

notified.

Page 75 Appendix 6

6. Relevant Site History

J/2009/0279/F: Site approx. 100m North East of 115 Ballycolman Estate Strabane Erection of 3

No horticultural polytunnels, 2 No storage units, & 2.4m high security fencing and gate access to boundary: Approval

7. Policy Framework

Strabane Area Plan 2001

Strategic Planning Policy Statement

PPS3 Access, Movement and Parking

PPS 8: Open Space, Sport and Recreation

PPS 15: Planning and Flood Risk

8. Consultee Responses, Internal/External

Rivers Agency- Flood Risk assessment provided. Rivers Agency agreed with the findings of the

report but they clearly state that the responsibility for the accuracy of and acceptance of the

appropriate Drainage Risk Assessment rests with the developer and his/her professional

advisors.

Northern Ireland Water- No objections subject to a number of informatives to be attached to

any approval.

9. Planning Assessment and Other Material Considerations

Section 6 (4) of The Planning Act (Northern Ireland) 2011 requires the Council to make

planning decisions in accordance with the local development plan, unless material

considerations indicate otherwise.

Page 76 Appendix 6

Strabane area Plan 2001

The application site is located within the urban development limits of Strabane and just outwith the Town Centre limits. The site is located within a designated recreation and open space area adjacent to the Mourne River and Para 30.6.1 is relevant. This states that the River

Mourne provides Strabane with its major resource in terms of passive recreational provision.

Strategic Planning Policy Statement for Northern Ireland

The SPPS is a material consideration and is the context by which planning applications will be assessed and determined. Para.2.3 - states that the planning system operates in the public interest of local communities. The basic question is whether the proposal would unacceptably affect amenities of owners or occupiers of neighbouring properties and the existing use of the land and buildings that ought to be protected in the public interest.

Para 5.72 relates to the refusal of planning permission. Sustainable development should be permitted having regard to the local development plan and all other material considerations unless the proposal will cause demonstrable harm to interests of acknowledged importance.

The SPPS introduces transitional arrangements which will operate until the Council’s Plan

Strategy has been adopted. During this period planning authorities will apply the existing policy (contained in the PPSs, referred to as the retained policy) together with the SPPS. Any conflict between the SPPS and the retained policy must be resolved in favour of the SPPS.

One of the core principles of the SPPS is to improve the health and wellbeing of people and

Page 77 Appendix 6 communities. The proposal is for the Strabane Health Improvement Project and it is considered that their aims comply with this core principle.

Planning Policy Statements

PPS 8: Open Space, Sport and Recreation : Allotments are defined under the definition of open space within PPS 8: Open Space, Sport and Recreation and so this PPS is of relevance.

This proposal is for the retention of an 84sq m prefabricated unit (as shown below) used for training, education, rest and tea room for participants in the Strabane Health Improvement

Project.

Page 78 Appendix 6

PPS 15: Planning and Flood Risk is relevant to the determination of the application and seeks to minimise and manage flood risk to people, property and the environment.

Rivers Agency were consulted and state that although the Final Approved Flood Hazard Map for Strabane indicates that the proposed site is not affected by the floodplain of the adjacent designated Mourne/Strule River, it is within a defended area. Policy FLD 1 of PPS 15 is relevant to the determination of the application. Rivers Agency confirm that the flood defences on the River Strule are structurally adequate and provides a minimum standard of 1 in 100 year fluvial flood protection. A Flood Risk Assessment was requested from the applicant and subsequently submitted. Rivers Agency advised that the Flood and Drainage

Risk Assessment submitted is appropriate to the scale and nature of the proposed development and the risks involved. They agree with the content of the Assessment, have no reason to disagree with the conclusions and are supportive of the proposal from a drainage and flood risk perspective.

Planning Policy Statement 2 Natural Heritage - 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.

Page 79 Appendix 6

Loughs Agency have been consulted and have no adverse comments regarding the proposal.

Planning permission was granted on 7th July 2009 for 3 polytunnels, 2 storage units and 2.4m

high security fencing around the boundary of the site.

There have been no objections to the proposal and in my professional opinion the proposal

complies with policy requirements.

10. 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.

Page 80 Appendix 7

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 7th September 2016

APPLICATION No: A/2015/0163/O

APPLICATION TYPE: Outline Planning Application

PROPOSAL: Renewal of approval A/2008/0226/O for redevelopment of existing processing plant and open air concrete store to provide residential development with ancillary works

LOCATION: Ardmore Precast 25 Ballybogie Road Ardmore Londonderry

APPLICANT: Ardmore Precast

AGENT: David Graham A.D.M.S Ltd Architects

ADVERTISEMENT: 25.03.2015

STATUTORY EXPIRY: 15.04.2015

RECOMMENDATION: Approval

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

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

1. Description of Proposed Development

Renewal of approval A/2008/0226/O for redevelopment of existing processing plant and open air concrete store to provide residential development with ancillary works. That permission was granted by DOE Planning on 30th March 2012, subject to appropriate conditions. The application site is 0.88 hectares.

During the processing of the application, an Updated Preliminary Risk Assessment and Generic Quantitative Risk Assessment was submitted in support of the application.

Page 81 Appendix 7

2. Environmental Assessment and Habitats Regulations Assessment

An EIA determination was carried out as the site is greater than 0.5ha; however, it was determined that no Environmental Statement was required. The potential impact of this proposal on Special Protection Areas, Special Areas of Conservation and Ramsar sites has also been assessed in accordance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats etc) Regulations (Northern Ireland) 1995 (as amended) and Shared Environmental Services (SES) concluded that the proposal would not be likely to have a significant effect on the conservation objectives/features of River Faughan and Tributaries SAC or any other European site provided conditions are imposed from SES and NIEA Waste Management.

3. Site and Surrounding Area

Site Location Plan

Page 82 Appendix 7

The site measures approx. 0.88 hectares and is located within the development limits of Ardmore, designated a ‘small settlement’ in the Derry Area Plan, and is situated to the south east of Derry. The site is an existing concrete batching plant which involves a processing plant and storage area on the site. The topography of the site is quite steep and falls across the entire site towards the north. The highest part of the site is where the existing entrance into the site adjoins the public road at the south eastern boundary. A small river flows along the south-west and north-west boundaries of the site. There are a number of buildings which have the appearance of agricultural sheds and a portacabin office/reception located on the site.

Site entrance from Ballybogie Road

Page 83 Appendix 7

Photographs of existing Concrete Batching Plant

Page 84 Appendix 7

Existing sheds and portacabins / office located on the site

The area is predominantly residential, with a number of public authority housing estates and more recent private developments located within the settlement. Along Ballybogie Road, the pattern of development is roadside individual detached and semi-detached dwellings with separate accesses.

Existing single storey dwellings on Ballybogie Road

Page 85 Appendix 7

Existing Housing development ‘Village Green’ in Ardmore

4. Site Constraints

There are no relevant site constraints on the application site

5. Neighbour Notification Report

All relevant neighbours have been notified on the application

Reference Neighbour Address Date Number Neighbour Notified

17 Ballybogie Road Ardmore Ardmore Londonderry Londonderry 1 A/2015/0163/O BT47 3RE 7/15/16 18 Ballybogie Road Glenkeen Ardmore Londonderry Londonderry 2 A/2015/0163/O BT47 3RE 7/15/16 22 Ballybogie Road Glenkeen Ardmore Londonderry Londonderry 3 A/2015/0163/O BT47 3RE 7/15/16

Page 86 Appendix 7

27 Ballybogie Road Ardmore Ardmore Londonderry Londonderry 4 A/2015/0163/O BT47 3RE 7/15/16 29 Ballybogie Road,Ardmore,Ardmore,Londonderry,Londonderry 5 A/2015/0163/O ,BT47 3RE, 7/15/16 52 Ballybogie Road,Ardmore,Ardmore,Londonderry,Londonderry 6 A/2015/0163/O ,BT47 3RE, 7/15/16 Store,Ballybogie Road,Glenkeen,Ardmore,Londonderry,Londonderr 7 A/2015/0163/O y,BT47 3RE, 7/15/16 25 Ballybogie Road,Ardmore,Ardmore,Londonderry,Londonderry 8 A/2015/0163/O ,BT47 3RE, 7/15/16 20 Ballybogie Road,Glenkeen,Ardmore,Londonderry,Londonderr 9 A/2015/0163/O y,BT47 3RE, 7/15/16 1A Ballybogie Road,Ardmore,Ardmore,Londonderry,Londonderry 10 A/2015/0163/O ,BT47 3RE, 7/15/16 Sewage Treatment Works,Ballybogie Road,Ardmore,Ardmore,Londonderry,Londonderry 11 A/2015/0163/O ,BT47 3RE, 7/15/16 48 Ballybogie Road,Ardmore,Ardmore,Londonderry,Londonderry 12 A/2015/0163/O ,BT47 3RE, 7/15/16 1B Ballybogie Road,Ardmore,Ardmore,Londonderry,Londonderry 13 A/2015/0163/O ,BT47 3RE, 7/15/16 23 Ballybogie Road,Ardmore,Ardmore,Londonderry,Londonderry 14 A/2015/0163/O ,BT47 3RE, 7/15/16

6. Relevant Site History

This application is a renewal of a previous outline planning permission granted under application reference A/2008/0226/O. Permission was granted on 30th March 2012 and expired on 30th March 2015. This application was submitted before the date of the permission expired.

7. Policy Framework

RDS 2035 - SFG7 Strengthen the role of Londonderry as the Principal City of the North West; meeting the housing needs of the area.

Policy RG8: Manage housing growth to achieve sustainable patterns of residential development.

Page 87 Appendix 7

Derry Area Plan - The site is within the ‘Small Settlement’ of Ardmore and identified in the Derry Area Plan as unzoned ‘white land’. It is suitable for a variety of uses depending on the sites context.

Policy H1 Housing Design and Layout – requires a high standard of Design and Layout in all new housing developments.

PPS 3 Development Control: Roads Considerations – sets out the planning policies for vehicular and pedestrian access, transport assessment, and the protection of transport routes and parking.

PPS 15 Planning and Flood Risk – sets out the Planning policies to minimise and manage flood risk.

Page 88 Appendix 7

Creating Places/Living Places – this is guidance to aid designers in creating quality residential developments.

8. Consultee Responses

Rivers Agency – advise that the site is affected by two watercourses which are adjacent to the western and north western boundaries. The development does not lie within the 1 in 100 year fluvial flood plain. The applicant is advised that a working strip of appropriate width is retained to enable riparian landowners to fulfil their statutory obligations/responsibilities. A drainage assessment is not required for this site as the existing site is a concrete batching plant and the proposed development is likely to have a lesser impact than the current use on the site.

Transport NI – advise that visibility splays of 4.5m x 110m and Forward Sight Distance of 110 metres are required. All individual accesses shall require splays of 2.4 x 70m which should be within the red outline of the site. Ballybogie Road must be widened to 5.5 metres and a 2m footpath is required to be provided along the entire site frontage and it shall be linked to the existing footway along Ballybogie Road. All parking and turning shall be in accordance with Creating Places Guidelines. Transport NI has no objection to the proposal, and have provided conditions and informatives relating to the access requirements and those details as set out above, that are required for submission of a Reserved Matters Application.

Loughs Agency – request assurances that the local wastewater treatment works has the additional capacity to receive the additional anticipated loading from the development. NI Water confirmed this in their consultation response, see NI water comments below. A condition is also required stating that all storm water should not be discharged to nearby watercourses unless passed through pollution interception measures.

NIEA Natural Heritage – advise that Japanese Knotweed was found on the site and require a condition to be imposed that no development activity will commence on site until an Invasive Species Management Plan has been submitted to and agreed with NIEA. Conditions have also been provided to ensure that there will be no significant environmental impacts on the River Faughan and Tributaries.

NIEA Waste Management (Land and Groundwater team) - An updated preliminary and generic quantitative risk assessment report has been provided in support of the application, and WM have no objections subject to conditions, see later section in this report.

Page 89 Appendix 7

NI Water – Public water supply and foul sewer are within 20m from the proposal. The applicant has proposed to discharge surface water to soakaways. NI Water has confirmed that there is available capacity within the receiving waste water treatment works. The applicant is required to consult with NI Water at an early design stage to determine how the proposal will be served. Concrete and cement mixing activities should be sited on an impermeable designated area and at least 10m away from any watercourse or surface water drain, to reduce the risk of run-off entering a watercourse or NI Water’s sewer.

Environmental Health – have reviewed the updated Preliminary Risk Assessment and Generic Quantitative Risk Assessment report submitted in support of the application. Potential sources of contamination were identified, namely hydrocarbon contamination from spills/leaks from the storage and use of the diesel tank and generator located near the eastern boundary; potentially reduced quality/contaminated fill material containing metals, organic and inorganic contaminants; ground gases generated within any made ground. The report concludes that gas protection measures are required to buildings to be constructed, and EHD have no objection subject to conditions relating to same and a verification report to be submitted prior to occupation of any building on the site. See conditions section later in this report.

9. Representations

No representations have been received on the application to date.

Page 90 Appendix 7

10. Planning Assessment, including Other Material Considerations

This proposal has been assessed against the provisions of the Derry Area Plan 2011, as well as other material considerations including the Regional Development Strategy; the Strategic Planning Policy Statement for Northern Ireland; PPS 15 Planning and Flood Risk; PPS 8 Open Space and Outdoor Recreation; PPS 7 Quality Residential Environments; Addendum to PPS 7 Safeguarding the Character of Established Residential Environments; PPS 3 Access Movement and Parking, and supplementary guidance in ‘Creating Places’, as well as consultation responses received.

The Strategic Planning Policy Statement for NI (SPPS)

The SPPS supports and strengthens PPS 7 in that it requires submission of a design concept to be sought and agreed with the developer. A concept plan has been submitted with the application, which was previously agreed under planning approval A/2008/0226/O, which demonstrates how the site will be developed. All new housing should demonstrate a high quality of design, layout including road infrastructure considerations and landscaping. Good design contributes to the creation of places to live that are safe and attractive and is also a key element in achieving sustainable development.

Derry Area Plan 2011

The application site is located on unzoned ‘white land’ as identified in the Derry Area Plan. Development proposals will therefore be considered on locational merits in accordance with planning guidelines and policy.

Planning Policy Statement 15 Planning and Flood Risk

The site is affected by two undesignated watercourses, adjacent to the western and north western boundaries. The Flood Map NI indicates that the development does not lie within the 1 in 100 year floodplain, therefore Rivers Agency do not object to the proposed development from a drainage or flood risk perspective.

Planning Policy Statement 3 Access Movement and Parking

Page 91 Appendix 7

The proposal complies with PPS 3, as an adequate and safe access into the site can be provided. Details of the access, visibility splays, forward sight distance requirements and parking arrangements are to be demonstrated at reserved matters application stage. Transport NI have no objections to the proposal, subject to condition, see later section in this report.

Existing access to application site

Existing Ballybogie Road, to be widened to 5.5m and footpath to be provided

Page 92 Appendix 7

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

Policy QD 1 sets out the main criteria in which new housing development will be assessed. a) The concept layout illustrates a mix of dwellings and apartments – though these will need to be of a limited number, scale and height so as to be appropriate in this small settlement. The proposed development will continue to extend the existing form and pattern of development that exists along Ballybogie Road, with a road side pattern of development thereby respecting the surrounding context and character. There is an existing right of way which has been shown on the concept plan which will access adjoining lands which are also within the development limits. The detailed design considerations will be required at Reserved Matters stage, i.e. levels and topography, and these details required will be conditioned, see later section in this report.

Concept Plan

b) There are no features of archaeological or built heritage features on the site.

Page 93 Appendix 7

c) The existing vegetation on the boundaries of the site will be conditioned to be retained and supplemented with the additional landscaping at reserved matters stage. The existing tree vegetation along the site frontage will have to be removed to provide the footway link to the site from Ballybogie Road. This is considered to be acceptable and necessary in this situation, whilst additional planting will mitigate against the loss of trees. A landscaping plan will be required to be submitted at reserved matters.

In terms of private open space, the concept plan demonstrates that there will be private open space provided for the dwellings. At reserved matters stage, the details and level of private amenity space will be required to demonstrate that the provision complies with the guidance of Creating Places.

With regards to public open space, PPS 8 requires 10% of the site area of public open space to be provided. The concept plan submitted demonstrates that this can be achieved. The location of the public open space within the site is considered acceptable in that it will be supervised by dwellings and a pedestrian link will be provided through the open space which will link to the remainder of the development site, providing access to this area for all users within the development.

d) Local neighbourhood facilities are not required due the scale of this proposal.

e) A movement pattern is provided that supports walking and cycling. The proposed development will require the existing Ballybogie Road to be widened to 5.5m in width. A new 2m footway is also required along the frontage of the site which will connect to the existing footpath on Ballybogie Road and an internal footway is to be provided within the site, along with a turning head for the safe turning and movement of vehicles internally. The development will have one main vehicular access point from Ballybogie Road, with visibility splays of 4.5 metres x 110metres and FSD of 110 metres required to ensure safe access to the site. These details will be required at reserved matters stage.

The concept layout has also demonstrated a future road access in to the agricultural land which adjoins the application site, this land is also within the settlement limit of Ardmore.

Transport Ni have no objections to the development subject to condition.

f) In terms of parking provision, these details will be required at reserved matters application stage and parking will have to be provided in accordance with PPS 3 and the guidelines of 'Creating Places’.

Page 94 Appendix 7

g) The detailed design of any of the proposed buildings will be considered during the reserved matters application at a later stage.

h) The layout will not conflict with the adjacent land use, which is predominantly residential. The concept plan has demonstrated a satisfactory layout, which will not unacceptably adversely impact on neighbouring properties in terms of overlooking, loss of light etc. Careful consideration in terms of the positioning of dwellings, the site levels and topography will be dealt with at reserved matters stage in which details of the existing ground levels and finished floor levels will be required to be submitted. This will be conditioned as part of the outline planning permission, to ensure that the impacts on both existing and proposed properties can be properly considered.

i) The development is designed to deter crime and promote personal safety through the provision of an internal footway and new footway along the front of the site connecting to the existing footpath on Ballybogie Road. Any apartments or dwellings will be required to be fronted and orientated so that there is supervision on to the proposed open space area and the proposed pedestrian paths that connect the site to the open space and landscaped area.

Addendum to PPS 7 - Policy LC1 Protecting Local Character, Environmental Quality and Residential Amenity.

In established residential areas, all of the criteria a-c are expected to be met;

a) The proposed density is not significantly higher than that found in the established residential area. The concept plan does indicate an area for apartments, and whilst apartments may be acceptable in principle, at detailed design stage careful consideration will be required so ensure the scale and massing of these will not detract from the existing character. The apartments will need to be of a limited number, scale and height so as to be appropriate to this small settlement – most of the adjoining dwellings are single storey or two storey. An informative will be attached to advise the applicant accordingly. b) The pattern of development is in keeping with the overall character and environmental quality of the established residential area. The concept plan has indicated a street pattern which is similar to the existing dwellings along Ballybogie Road, with dwellings fronting on to the public

Page 95 Appendix 7

road. The detailed layout required at reserved matters stage will be considered to take into account the levels of the site and the proximity of buildings to the neighbouring residential dwellings. c) The proposed dwellings will be required to be within the recommended guidelines. This can be assessed further at reserved matters application stage.

Conclusion and Recommendation

The proposal is considered acceptable in that it is in accordance with the Derry Area Plan 2011 and other material considerations; specifically, the proposal meets the criteria of QD1 of PPS 7 and LC1 of the addendum to PPS 7 in that it has been demonstrated that a quality residential environment can be achieved. Open space has been provided within the site in accordance with PPS8; provision of parking and access in accordance with PPS 3; sewerage and land drainage in accordance with PPS 15; all of which are supported through the SPPS for NI. Other material considerations have also been taken into account, and overall the considerations support an approval of the application. Overall, this proposed housing development will be a visual and environmental enhancement of this predominantly residential area within a small settlement.

It is therefore recommended that the Council’s Planning Committee approve planning application A/2015/0163/O for the proposed development subject to conditions set out below;

1. Application for approval of the reserved matters shall be made to the Council within 3 years of the date on which this permission is granted and the development, hereby permitted, shall be begun by whichever is the later of the following dates:- i. the expiration of 5 years from the date of this permission; or ii. the expiration of 2 years from the date of approval of the last of the reserved matters to be approved.

Reason: As required by Section 62 of the Planning Act (Northern Ireland) 2011.

Page 96 Appendix 7

2. Approval of the details of the siting, design and external appearance of the buildings, the means of access thereto and the landscaping of the site (hereinafter called "the reserved matters"), shall be obtained from the Council, in writing, before any development is commenced.

Reason: This is outline permission only and these matters have been reserved for the subsequent approval of the Council.

3. The under-mentioned reserved matters shall be as may be approved, in writing, by the Council :-

Siting; the two dimensional location of buildings within the site.

Design; the two dimensional internal arrangement of buildings and uses and the floor space devoted to such uses, the three dimensional form of the buildings and the relationship with their surroundings including height, massing, number of storeys, general external appearance and suitability for the display of advertisements.

External appearance of the Buildings; the colour, texture and type of facing materials to be used for external walls and roofs.

Means of Access; the location and two dimensional design of vehicular and pedestrian access to the site from the surroundings and also the circulation, car parking, facilities for the loading and unloading of vehicles and access to individual buildings within the site.

Landscaping; the use of the site not covered by building(s) and the treatment thereof including the planting of trees, hedges, shrubs, grass, the laying of hard surface areas, the formation of banks, terraces or other earthworks and associated retaining walls, screening by fencing, walls or other means, the laying out of gardens and the provisions of other amenity features.

Reason: To enable the Council to consider in detail the proposed development of the site.

4. All existing trees, shrubs and hedges/natural screening on the boundaries of the site shall be permanently retained unless otherwise agreed in writing with the Council. If any such tree, shrub or hedge is removed, uprooted, destroyed, dies or becomes, in the opinion of the Council, seriously damaged or defective, another tree, shrub or hedge of the same species shall be planted at the same place during the next planting season, unless the Council gives its written consent to any variation.

Page 97 Appendix 7

Reason: To ensure the development integrates in a satisfactory manner into the locality

5. No development shall take place until a landscaping scheme has been submitted to and approved by the Council showing the location, numbers, species and sizes of trees and shrubs to be planted. The scheme of planting as finally approved shall be carried out during the first planting season after the commencement of the development.

Reason: In the interest of visual amenity and to ensure the provision, establishment and maintenance of a high standard of landscape.

6. 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.

7. No units shall be occupied until a landscape management and maintenance plan has been submitted to and approved by the Council. The plan shall set out the period of the plan, long term objectives, management responsibilities, performance measures and maintenance schedules for all areas of landscaping and open space. The landscape management plan shall be carried out as approved.

Reason: To ensure successful establishment and ongoing management and maintenance (in perpetuity) of the open space and amenity areas in the interests of visual and residential amenity.

8. Any application for approval of reserved matters or full permission on any part of the site shall include plans, cross sections and details indicating the existing and proposed levels, contours, the finished floor levels of the proposed buildings and the position, height and materials of any retaining walls. Development shall be carried out in accordance with the approved plans.

Page 98 Appendix 7

Reason: To ensure the development takes into account the site’s natural features and to safeguard the amenities of existing and proposed dwellings.

9. Any application for approval of reserved matters or full permission on any part of the site shall include details of gates, fences, walls or any other proposed structures in addition to the proposed dwellings. The development shall be carried out in accordance with the approved details.

Reason: To ensure that the development is in keeping with the locality and to assist in the provision of a quality residential neighbourhood in accordance with PPS 7 ‘Quality Residential Environments’.

10. No development/site clearance works, lopping, topping or felling of trees, trucking machinery over tree roots, shall take place until full details of both and hard and soft landscape works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. These details shall include:

- proposed finished levels

- existing and proposed contours

- means of enclosure

- car parking layout/vehicle and pedestrian access and circulation areas

- hard surface materials

- minor artefacts and structures e.g. street furniture, play equipment, refuse storage, lighting/existing and proposed services above and below ground

Reason: To ensure the provision of amenity afforded by appropriate landscape design.

11. The Developer is advised that the Reserved Matters submission should be in general conformity to the Concept Plan submitted with the Outline Application, as required by PPS 7 'Quality

Page 99 Appendix 7

Residential Environments', unless equal to or bettered by any subsequent concept following discussion with Council Planning that may take place prior to the submission of the Reserved Matters.

Reason: To ensure the provision of a quality residential development.

12. A scale plan and accurate site survey at 1:500 (minimum) shall be submitted as part of the reserved matters application showing the access to be constructed and other requirements in accordance with the attached form RS1.

Reason: To ensure there is a satisfactory means of access in the interests of road safety and the convenience of road users.

13. The ground floor construction of all buildings on the site shall be as one of the three options described in Section 4.1 of the ‘Updated Preliminary Risk Assessment and Generic Quantitative Risk Assessment (GQRA)’ report (White Young Green [WYG] Job Number: A096416) dated May 2016. Should the ground floor construction be other than one of the three options described, details of same shall be submitted in writing and agreed with the Planning Authority.

Reason: For the protection of the health of future residents.

14. Prior to occupation of any building within the development, a verification report shall be submitted to the Planning Authority. This report shall include photographic evidence of proper lapping of the gas resistant membrane main sheet joints, internal and external corner details and also where all penetrations of the membrane occur due to service pipework/ducting. In addition, integrity testing by use of air lancing/tracer gas/other approved method, shall be undertaken after all joints and penetrations have been sealed. Certificates of Integrity evidencing successful testing shall be included in the verification report. The verification shall take account of relevant guidance document CIRIA 735, “Good practice on the testing and verification of protection systems for buildings against hazardous ground gases”. The timing and frequency of validation shall comply with Section 4.22 and Annex 1 of this document.

Reason: For the protection of the health of future residents.

Page 100 Appendix 7

15. The development hereby permitted shall not commence until all fuel tanks and associated infrastructure on the site shall be been fully decommissioned in accordance with current pollution prevention guidance (PPG2) and the quality of surrounding soils and groundwater shall be verified. Should contamination be identified during this process, Condition 14 below will apply.

Reason: For the protection of the health of future residents, and the protection of environmental receptors to ensure the site is suitable for use.

16. If during the development works, new contamination and risks are encountered which have not previously been identified, the works should cease and the Planning Authority and NIEA shall be notified immediately. This new contamination shall be fully investigated in accordance with the Model Procedures for the Management of Land Contamination (CLR11). In the event of unacceptable risks being identified, a remediation strategy shall be agreed with the Planning Authority and NIEA in writing, and subsequently implemented and verified to its satisfaction.

Reason: For the protection of the health of future residents, and the protection of environmental receptors to ensure the site is suitable for use.

17. After completing any remediation works under Conditions 13 and 14; and prior to occupation of the development, a verification report shall be submitted in writing and agreed with the Planning Authority and NIEA. This report should be completed by competent persons in accordance with the Model Procedures for the Management of Land Contamination (CLR11). The verification report shall present all the remediation and monitoring works undertaken and demonstrate the effectiveness of the works in managing all the risks and achieving the remedial objectives.

Reason: For the protection of the health of future residents, and protection of environmental receptors to ensure the site is suitable for use.

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18. Should pile foundations be necessary for any new buildings, the developer shall undertake a detailed foundation risk assessment conducted in accordance with The Environment Agency (EA) guidance document ‘Piling and Penetrative Ground Improvement Methods on Land Affected by Contamination: Guidance on Pollution Prevention’, National Groundwater & Contaminated Land Centre, Report NC/99/73 (2001) available at www.http://publications.environment- agency.gov.uk/PDF/SCHO0501BITT-E-E.pdf” The risk assessment report shall be forwarded to the Planning Authority as soon as possible after completion and not less than one month before the commencement of site works.”

Reason: For the protection of the health of future residents.

19. A detailed Construction Method Statement, for works in, near or liable to affect any waterway as defined by the Water (Northern Ireland) Order 1999, must be submitted to NIEA Water Management Unit, at least 8 weeks prior to the commencement of the works or Phase of works.

Reason: To ensure effective avoidance and mitigation measures have been planned for the protection of the water environment

20. No development should take place on-site until the method of sewage disposal has been agreed in writing with Northern Ireland Water (NIW) or a Consent to discharge has been granted under the terms of the Water (NI) Order 1999.

Reason: To ensure a practical solution to sewage disposal is possible at this site.

21. Each building shall be provided with such sanitary pipework, foul drainage and rain-water drainage as may be necessary for the hygienic and adequate disposal of foul water and rain- water separately from that building. The drainage system should also be designed to minimise the risk of wrongly connecting the sewage system to the rain-water drainage system, once the buildings are occupied.

Reason: In order to decrease the risk of the incorrect diversion of sewage to drains carrying rain/surface water to a waterway.

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22. Prior to the commencement of any works on site, a Construction Environmental Management Plan (CEMP) shall be submitted to Derry City and Strabane District Council Planning Department by the appointed contractor for agreement prior to works on site commencing. No works to be started on site until approval of the CEMP has been given. The CEMP should include detail of all construction and earthworks to be undertaken and pollution prevention measures to be employed on the site during construction works to prevent contamination/pollution entering the watercourse adjoining the site to the north that could flow to River Faughan and Tributaries SAC.

Reason: To ensure that the appointed contractor undertaking the work is well informed of all the risks associated with the proposal, is aware of the proposed mitigation measures and, will ensure that the final CEMP has Council approval prior to works commencing.

23. Storm drainage of the site, during construction and operational phases, must be designed to the principles of the Sustainable Drainage Systems (SuDS) in order to prevent the polluting effects of storm water on aquatic environments. Construction of SuDS should comply with the design and construction standards as set out in The SuDS Manual – Construction Industry Research and Information Association (CIRIA) Report C697.

Reason: To prevent any indirect adverse impacts on River Faugahan and Tributaries SAC conservation objectives/features.

24. No development activity shall commence on site until an Invasive Species Management Plan has been submitted to, and agreed in writing by, NIEA Natural Environment Division; and all works shall conform to the plan.

Reason: To prevent the spread of invasive species listed on Schedule 9 of the Wildlife (Northern Ireland) Order 1985 (as amended); and to prevent any adverse impacts on River Faughan and Tributaries SAC conservation objectives/ features from Japanese Knotweed (Fallopia japonica).

25. Appropriate mitigation and pollution prevention measures should be demonstrated by the applicant/approved contractor prior to works commencing for agreement with the competent

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authority. Such measures should be incorporated in method statements which should identify the perceived risks to the aquatic environment, identify potential pollution pathways, and the mitigation measures to be employed which will negate the risk to any aquatic environment. For example;

- A suitable buffer of at least 10 metres to be maintained between location of refuelling, storage of oil/fuel, concrete mixing and washing areas and any watercourses or surface drains present on site or adjacent to the site.

- Regular inspections of machinery onsite.

- Emergency spill procedures in place.

- A suitable buffer of at least 10 metres to be maintained between location for storage of excavated spoil and construction materials and any watercourses or surface drains present on site or adjacent to site.

Reason: To ensure compliance with Planning Policy Statement 2: Natural Heritage and the Habitats Regulations.

26. All storm water from the development site should not be discharged to nearby watercourses unless first passed through pollution interception and flow attenuation measures. Storm water can carry pollutants into watercourses and high volume discharges can alter the prevailing hydrological regime, both of which can impact on fisheries interests.

Reason: To prevent pollution of surface waters.

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Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 7th September 2016

APPLICATION No: LA11/2015/0776/F

APPLICATION TYPE: Environmental Improvement Scheme

PROPOSAL: Provision of a play area, path, lighting of paths and a small hub building.

The play area is proposed to be furnished with large scale timber play equipment and enclosed with a green 2.4 m high mesh fence. The paths leading to the play area are to be lit. The small hub building (14.6 x 7.6m) with toilets, kitchen, event/meeting/office space, is proposed to be located within the fence enclosure.

LOCATION: Green space adjacent to the existing car park within Ballyarnett Country Park.

APPLICANT: Derry City & Strabane District Council

AGENT: Derry City & Strabane District Council

ADVERTISEMENT: 23rd December 2015

STATUTORY EXPIRY: 6th January 2016

RECOMMENDATION: APPROVE

REASON FOR PRESENTATION TO COMMITTEE:Council Application

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

1. Description of Proposed Development

The application is for a play area with timber play equipment, a new 2.4 metre fence and lit

pathways. The proposal will also include a small hub building which will provide toilets, a kitchen,

event/meeting/office space. The playzones which will be as follows; a toddlers zone, a children’s

zone, and an older childrens play zone.

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2. Site and Surrounding Area The application site is currently part of the 54 hectare Ballyarnett country park. This is located on the Northerly outskirts of the City off the Ballyarnett Road. The park is nestled between the housing estates of Cornshell Fields and O’Donovan Road. The existing facilities within the park include a dog track an informal events space, a horse paddock area and Na Magha Hurling Club.

Figure 1 site location plan

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Figure 2 aerial view of site

3. Site Constraints The site had archaeological constraints. Contaminated land issues arose through the consultation period.

4. Neighbour Notification Report 61 Neighbours in the locality were notified on the 6th January 2016 and again on the 14th July after amendments to the plans.

5. Relevant Site History A/1977/0372- Initial zoning of the Park A/1977/0722- Two soccer pitches and a car park. LA11/2016/0497/O- Expansion of and redevelopment of country Park to include new vehicular access, car parks, surfaced footpaths, improvements to and erection of feature historic and amenity buildings, landscaping, paly areas and sporting pitches, allotments, racing dog training areas, lighting, orchard and themed gardens- Currently under consideration.

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6. Policy Framework Derry Area Plan 2011 Strategic Planning Policy Statement for Northern Ireland (SPPS) Planning Policy Statement 3 : Access, Movement and Parking Planning Policy Statement 6 : Planning, Archaeology and The Built Heritage Planning Policy Statement 8 : Open Space, Sport and Outdoor Recreation

7. Consultee Responses

Transport NI have no objections to the development subject to the conditions outlined in paragraph 11 regarding access and servicing arrangements

Environmental Health assessed potential land contamination which prompted the submission of a contaminated land assessment by the applicant. The report identified very low levels of asbestos and methane concentrations. The applicant submitted a contamination remediation strategy to deal with these matters. Based on the suggested remediation measures Environmental Health have requested that the conditions relating to the remediation strategy be attached to the planning permission and these conditions are outlined in paragraph 11.

NIEA Land, Soil and Air have no objections to the proposal subject to a condition that if any new contamination or risks are identified during the construction period then works should cease immediately and that Council should be notified.

NIEA Drainage and Water assessed the potential impacts of the development upon the water environment and are content with the proposal.

Loughs Agency have no objections to the proposal subject to standing advice.

NIEA Archaeology raised no issues with the proposal.

8. Representations Consideration No letters of support or objection to the development have been received.

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9. Planning Assessment and Other Material Considerations

The site is within the grounds of the existing Council Park at Ballyarnett. The application is for the introduction of a play park at these lands. The site is within the development limits of Derry City as designated in Map 2 of the Derry Area Plan 2011 and is identified as existing recreation and open space. The main planning considerations that need to be taken into account in assessing this proposal are therefore the planning history of the site, SPPS in terms of design and amenity, PPS 3 in terms of access, parking and servicing and PPS 8 in terms of outdoor recreational activities facilities.

The SPPS supersedes PPS 1 General Principles, however the guiding principle of what PPS 1 aimed to achieve in terms of public interest is supported through the SPPS; in particular, paragraph 2.3 states that ‘’the planning system operates in the public interest of local communities…. It does not exist to protect the private interests of one person against the activities of another, although private interests may coincide with the public interest in some cases… 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 and buildings that ought to be protected in the public interest. Paragraph 5.72 of the SPPS further emphasises this in 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’’.

Amenity

When considering the proposal I have considered the impact of the proposal on the surrounding land uses and buildings. In terms of operational development, the works will be involve the erection of a new 2.4m perimeter fence, the introduction of 40 lights at 6 metres in height along a pathway at the road from Cornshell Fields. There will be the introduction of a small hub building 14.6 x 7.6 to house a small kitchen/event/ meeting space and toilet. Within the fenced area there will be various play park fixtures including swings, climbing frames and other smaller fixtures.

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The nearest residential properties to the proposal are 155 metres away at Paddock Lane and 40m away from the proposed pathway to the park and the houses at Cornshell Fields . It is my opinion that adequate separation distance exists between the site and the proposed park and therefore I do not think the proposal will have any adverse impact in terms amenity.

Environmental Health have been consulted in relation to noise and have not raised any concerns.

I do not consider that a play park would generate high levels of noise or cause unacceptable impacts on the residential amenity of nearby properties in terms of noise or disturbance. Nearby residents have not objected to the proposal. The provision of the fence around the new play park will enable the Council to restrict access to prevent its use beyond designated times, if necessary.

Overall I would be of the opinion that the proposal will not cause any demonstrable harm to the neighbouring land uses and therefore is compliant with this aspect of the SPPS.

Derry Area Plan 2011 The site is zoned as open space and recreation in the Derry Area Plan 2011 and as such the provision of this play park will not affect the zoning of this land as the play park would be considered a recreational use.

Policy BE1 Urban Design The children’s play area will be finished in grass with enviromulch play grade material surfacing to the play equipment areas. The play area will be enclosed by 2.4 metre high perimeter fencing and gates .These structures are typical of those found in urban park facilities and are therefore of an appropriate design and scale. They will not have a significant impact upon the visual amenity or character of this urban area. The landscaping of the site will include new planting around the play area to soften the visual impact of the development. The proposal complies with SPPS and Policy BE 1 of the Derry Area Plan in terms of design.

PPS3: Planning Policy Statement 3 : Access, Movement and Parking- Transport NI have raised no issue with the proposal subject to a condition about visibility splays at the vehicular access onto Springfield Road prior to the commencement of development.

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Planning Policy Statement 8 : Open Space, Sport and Outdoor Recreation. This is an existing

designated area of open space and recreation in the Area Plan. The provision of this play park

does not affect the zoning of the site for open space and enhances the use of the area and

therefore complies with policy OS1.

Figure 3 site layout

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Figure 4 details of hub building

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Figure 5 details of fence

Figure 6 details of pedestrian and cycle links to the park

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The facilities will be served by a new pedestrian access and a footpath. Transport NI have no objections to the development and I do not consider that the development will prejudice public safety or significantly inconvenience traffic flow.

10. Conclusion and Recommendation Having considered all material considerations, including the development plan, relevant planning policies, planning history, consultations etc. I would recommend that the Planning Committee gives consideration to my professional report and recommendation to grant planning permission for this play park, fence, paths, lighting and hub building.

11. Conditions

1. As required by Section 61 of the Planning Act (Northern Ireland) 2011, the development hereby permitted shall be begun before the expiration of 5 years from the date of this permission.

Reason: Time Limit.

2. The ground floor construction of all buildings on the site shall be as described in Section 5.1 of the ‘Generic Quantitative Risk assessment (GQRA) and Remediation Strategy, report no PM16-1079, provided by Pentland Macdonald Ltd.

An effective physical barrier between future site users and underlying reduced quality soils shall be emplaced across the entire site as described in Section 5.2 of the above report.

Reason: To protect human health and to bring the site into a state that represents an acceptable risk to end-users.

3. Prior to occupation of the development, a validation report demonstrating the effective installation of the gas protection measures and the emplacement of the physical barrier across the site, shall be submitted to the Planning Service in compliance with section 5.4 of the above report. The validation report shall additionally include:

Integrity testing of the building gas protection measures by use of air lancing/tracer gas/other approved method, undertaken after all joints and penetrations have been sealed. Certificates of Integrity evidencing successful testing shall be included in the validation report. The verification shall take account of relevant guidance document CIRIA 735, “Good practice on the testing and verification of protection systems for buildings against hazardous ground gases”.

Reason: To protect human health and to bring the site into a state that represents an acceptable risk to end-users.

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4. If during the development works, new contamination or risks to health are encountered which have not previously been identified, works should cease and the Planning Service shall be notified immediately. This new contamination shall be fully investigated in accordance with the Model Procedures for the Management of Land Contamination (CLR11). In the event of unacceptable risks being identified, a remediation strategy shall be agreed with the Planning Service in writing, and subsequently implemented and verified to its satisfaction.

Reason: To protect human health and to bring the site into a state that represents an acceptable risk to end-users.

5. After completing all remediation works under Condition 4 and prior to occupation of the development, a verification report shall to be submitted in writing and agreed with the Planning Authority of Derry City and Strabane District Council. This report should be completed by competent persons, in accordance with the Model Procedures for the Management of Land Contamination (CLR11). The verification report should present all the remediation and monitoring works undertaken and demonstrate the effectiveness of the works in managing all the risks and achieving the remedial objectives.

Reason: To protect human health and to bring the site into a state that represents an acceptable risk to end-users.

6. If during the development works, new contamination or risks to the water environment are encountered which have not previously been identified, works should cease and the Planning Authority shall be notified immediately. This new contamination shall be fully investigated in accordance with the Model Procedures for the Management of Land Contamination (CLR11). The verification report should present all the remediation and monitoring works undertaken and demonstrate the effectiveness of the works in managing all the risks and achieving the remedial objectives. Reason: To protect human health and to bring the site into a state that represents an acceptable risk to end-users.

7. The vehicular access onto Springfield Road, including visibility splays of 2.4 x 45 metres, shall be provided in accordance with Drawing No 08 bearing the date stamp 12 February 2016, prior to the commencement of any other development hereby permitted. The area within the visibility splays and any forward sight line shall be cleared to provide a level surface no higher than 250mm above the level of the adjoining carriageway and such splays shall be retained and kept clear thereafter. Reason: To ensure there is a satisfactory means of access in the interests of road safety and the convenience of road users.

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Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 23rd March 2016

APPLICATION No: LA11/2016/0527/F

APPLICATION TYPE: Hotel

PROPOSAL: Amendment to live planning approval granted under A/2011/0351/F. Demolition of existing buildings to facilitate proposed new 116 bedroom hotel with all ancillary and associated facilities, 3 new ground floor retail units and 1 no ground floor restaurant, and all associated site and access works.

LOCATION: 29-35 Strand road and lands between 6a and 8 Great James Street, Derry

APPLICANT: Strand Hotel HIEX Derry/L'Derry Ltd

AGENT: Paul Durnien

ADVERTISEMENT: 30.06.2016

STATUTORY EXPIRY: 20.07.2016

RECOMMENDATION: Approve

REASON FOR PRESENTATION TO COMMITTEE: Referred to committee by Head of Planning.

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

Amendment to live planning approval granted under A/2011/0351/F. Demolition of existing buildings to facilitate proposed new 116 bedroom hotel with all ancillary and associated facilities, 3 new ground floor retail units and 1 no ground floor restaurant, and all associated site and access works.

2. EIA Determination- As the development does not fall within Schedule 1 and does not exceed any thresholds within Schedule 2 of the Planning (Environment Impact Assessment) Regulations (NI) 2015 an EIA determination is not required. Therefore the planning application does not require to be accompanied by an Environmental Statement.

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3. Site and Surrounding Area The site is located within the development limits of Derry as defined in the development limits of Derry Area Plan 2011. The following DAP designations apply:

White lands within the central area and commercial core. The site bounds the Clarendon Street Conservation area along Edward Street though is located entirely outside it. The site is also within the flats policy area.

The site comprises the existing Strand Bar and former ‘Flaming Jacks’ restaurant which front onto Strand Road and turns the corner onto Great James Street (respectively). It also incorporates adjoining lands on Great James Street and Edward Street currently a vacant undeveloped. The site is flat in gradient.

Figure 1 Site location map

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Figure 2 Existing Strand Road Elevation

Figure 3 Existing Edward St Elevation

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Figure 4 Existing Great James Street Elevation

4. Site Constraints No particular constraints have been identified for the site

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Neighbour Notification Report

Neighbour Address Date Neighbour Notified

11 Great James 7/5/16 Street,Edenballymore,Londonderry,Londonderry,BT48 7BZ,

13 Great James 7/5/16 Street,Edenballymore,Londonderry,Londonderry,BT48 7BZ,

15 Great James 7/5/16 Street,Edenballymore,Londonderry,Londonderry,BT48 7BZ,

18 Strand Road 7/5/16 Edenballymore Londonderry Londonderry BT48 7AB

1 Great James 7/5/16 Street,Edenballymore,Londonderry,Londonderry,BT48 7BZ,

20 Strand Road 7/5/16 Edenballymore Londonderry Londonderry BT48 7AB

22-24 7/5/16 Strand Road Edenballymore Londonderry Londonderry BT48 7AB

22 7/5/16 Strand Court Strand Road Churchland Coleraine Londonderry BT51 3AL

2a Patrick Street 7/5/16 LONDONDERRY BT48 7EL

3-5 7/5/16 Great James Street Edenballymore Londonderry Londonderry BT48 7BZ

43a Strand Road,Edenballymore,Londonderry,Londonderry,BT48 7/5/16 7AB,

43b Strand Road,Edenballymore,Londonderry,Londonderry,BT48 7/5/16 7AB,

45 Strand Road,Edenballymore,Londonderry,Londonderry,BT48 7/5/16 7AB,

5 Patrick Street,LONDONDERRY,BT48 7EL 7/5/16

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6 Great James 7/5/16 Street,Edenballymore,Londonderry,Londonderry,BT48 7BZ,

7 Great James Street 7/5/16 Edenballymore Londonderry Londonderry BT48 7BZ

9 Great James Street 7/5/16 Edenballymore Londonderry Londonderry BT48 7BZ

Central Bar 7/5/16 27 Strand Road LONDONDERRY BT48 7BJ

Tinneys Bar 7/5/16 Patrick Street LONDONDERRY BT48 7EL

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5. Relevant Site History

A/2009/0993/F-Erection of five storey mixed use development consisting of 24 apartments and ground floor retail space at lands between 6A & 8 Great James Street, Derry. Approved 16-11- 2010.

A/2011/0351/F- Change of use and alterations to existing nightclub, restaurant and bar with 5 storey extension to North facing on to Strand Road and extension to East facing onto Edward Street and Great James Street to provide 116 bedroom hotel and cultural events venue at 29-35 Strand Road and lands between 6a & 8 Great James Street, Derry. Approved 7-9-2011

6. Policy Framework Regional Development Strategy for Northern Ireland 2035 Derry Area Plan 2011 'Strategic Planning Policy Statement for Northern Ireland' - Planning for Sustainable Development (SPPS), Planning Policy Statement 3: Access, Movement and Parking Planning Policy Statement 6: Planning, Archaeology and the Built Heritage

7. Consultee Responses Transport NI-The proposal is acceptable subject to the same conditions and informatives as approved under A/2011/0351/F.

Northern Ireland Water-No objections subject to advice/informatives.

Environmental Health- EHD believe there are a number of sources of noise, which could potentially adversely impact on the proposed development. These sources include:-

1. Noise from services, plant and equipment associated with the development including proposed retail units.

2. Entertainment noise associated with nearby commercial late night bars and takeaways.

3. On-street noise from patrons in smoking areas (e.g. Tinneys Bar) or leaving surrounding public houses and food premises.

4. Noise from traffic sources.

Although EHD had recommended the submission of an acoustic report in their reply, we have contacted EHD to discuss the possibility of using a negative condition. It was agreed that such a condition could be used and it will reflect the need to submit a noise impact survey and in particular take in to account the impact of the plant room to the rear of the proposal on nearby residential properties. This will be a condition of the approval.

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8. Representations Consideration

One electronic representation was received. The writer could not view elevations on the planning portal. This issues has now been rectified and the writer was advised that the plans are now available to view. No further representations were received.

9. Planning Assessment and Other Material Considerations

This proposal has been assessed against the provisions of the Derry Area Plan 2011, as well as other material considerations including the Regional Development Strategy; the Strategic Planning Policy Statement for Northern Ireland, PPS 3 Access Movement and Parking, PPS 6 Planning, Archaeology and the Built Heritage and relevant planning history.

Regional Development Strategy-

SFG6: Develop a strong North West- Planning for physical development, social infrastructure, physical infrastructure and economic development is central to the development of a strong North West. Derry is well suited to provide a regional level of service to much of the western part of Northern Ireland and to a substantial part of County Donegal

SFG7: Strengthen the role of Derry as the principal city for the North West- Securing a strong and vibrant city is important to the economic and social wellbeing of the North West.

Continue to regenerate the city of Derry. The City should be the focus for administration, shopping, commerce, specialised services, cultural amenities and tourism within the North West..

The proposal is for the redevelopment of an entertainment complex and adjacent existing brownfield site.

It will also bring a prominent site within the city back into use. Therefore the proposal is reflective of the aims and objectives as set out in SFG6 and SFG7 of the RDS in terms of contributing positively to the economic development and regeneration of the city and the wider north west. Provision of hotel accommodation will also contribute to the regeneration of the city and consolidate its status as the focus for key amenities within the North West.

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Derry Area Plan 2011

The site is located within the development limits of Derry as defined in of Derry Area Plan 2011. The site is identified as being within the Commercial Core in Map 3 ‘City Map’ and is not zoned for any particular land use.

The following policies and proposals within the Derry Area Plan are material considerations in this application; Policy BE1, Policy TR 5, Proposal CA 1 and Proposal CA 8.

Policy BE1- Urban Design The Department will require development proposals to make a positive contribution to townscape and be sensitive to the character of the area surrounding the site in terms of design, scale and use of materials. Development proposals should respect the opportunities and constraints of the specific site and have regard to the potential to create a new sense of place through sensitive design.

Policy TR 5 Car Parking Provision in New Developments

Car parking provision in new developments will be controlled on a zonal basis as follows:

• Zone A - the Commercial Core, in which only operational car parking (servicing and other essential operations) will normally be permitted. • Zone B - the remainder of the Central Area and areas of mixed use elsewhere in the urban area, in which both operational and non-operational car parking will be required as determined by the Department. • Zone C - all other areas in which full operational and non-operational car parking will normally be required.

The application site would fall within Zone A and as such only operational car parking will be required as determined by Council in consultation with Transport NI. This has been considered within the TNI response.

Proposal CA 1 Central Area

The DAP 2011 defines a Central Area boundary. This section sets out the development strategy for the heart of the City. The Area Plan recognises the important role that a diverse and vibrant Central Area plays in the life of the City and its hinterland. The Central Area boundary is delineated on Map 3 of the Derry Area Plan 2011 and is based on consideration of urban function, land use, topography and townscape.

The site is located within the central area. Proposal CA 1 Central Area refers to Section 8 of the Derry Area Plan which is a Chapter on Commerce.

Policy COM 1 Role of Commercial-The DAP 2011 will seek to strengthen and consolidate the Commercial Core of the City as the principal focus for shopping in the District. The proposal will complement the aims and objectives of this proposal as it will provide a retail unit and there will be no loss of shopping as a result of the hotel, as this will replace an existing entertainment complex.

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Figure 5 Ground floor plan showing hotel lobby, restaurant and retail units

Planning Policy Statement 3: Access, movement and parking

Transport NI have been consulted and have no objections to the proposal. The proposal is in compliance with the policies as set out in PPS 3.

'Strategic Planning Policy Statement for Northern Ireland' - Planning for Sustainable Development (known as SPPS)

SPPS was published on the 28th September 2015. This publication sets out the Department’s regional planning policies for securing the orderly and consistent development of land in Northern Ireland under the reformed two-tier planning system. The provisions of the SPPS must be taken into account in the preparation of Local Development Plans, and are also material to all decisions on individual planning applications and appeals.

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experience financial or other loss from a particular development, but whether the proposal would unacceptably affect amenities and the existing use of land and buildings that ought to be protected in the public interest. Paragraph 5.72 of the SPPS further emphasises this in 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’’.

Amenity

When considering the proposal I have considered the impact of the proposal on the surrounding land uses and buildings. The Strand Road and Great James Street elevations will face onto existing roads and given the height and scale of the proposed buildings and the degree of separation from the buildings opposite there will be no issue in relation to residential amenity.

The Edward St elevation will face onto a vacant site and laneway. The remaining elevation joins onto an existing building on the Strand Road.

The proposal includes a plant room to the rear and it will be conditioned that noise survey outlining mitigation measures (if necessary) will be submitted prior to commencement of the development.

Overall I would be of the opinion that the proposal will not cause any demonstrable harm to the neighbouring land uses and therefore is compliant with this aspect of the SPPS.

Archaeology and Built Heritage

The proposal lies just outside the boundary of Clarendon St Conservation Area. The Council Conservation Officer was consulted and the following observations were made in relation to the proposal;

The property lies outside the Clarendon Street Conservation Area but within its setting therefore Policy BH 12 of PPS 6 relates.

A previous approval has been granted on this site.

The character of the area is predominantly commercial and has a mixture of modern buildings, such as the existing Strand Bar, Tesco, Cinema and the Travelodge hotel, as well as a number of historic buildings , which are of considerable townscape merit, including the Listed Central Bar and the 2nd Presbyterian Church.

The Strand Road is an arterial route leading into the heart of the city centre. This is a prominent site located at a busy junction with a heavy concentration of both car users and pedestrians.

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While the Conservation Section recognises the economic benefits which would be realised through this scheme and the fact that a long vacant site is to developed as part of this scheme, they also recognise the importance of a design which will preserve or enhance the character of this site within the setting of the CA.

The proposal has taken a modern approach to design. The Clarendon Street Conservation Area is mainly characterised by the uniform terraces, including those along Great James Street, Clarendon Street and Crawford Square I would consider that these buildings are paired back and simple. The City Factory is also within this CA and has repetitive and rhythmic design. While the stone cladding “boxes” helps to break up the façade on both Strand Road and Great James Street, it was their opinion that there would be a change in the rhythm of the surrounding streets within the CA, which have a strong vertical emphasis. These stone cladding elements also appear to “float”, which is not a traditional design feature of this area or the CA.

Also is there an opportunity for the storage to be pushed back from the front of the building (Strand Rd elevation) Conservation Section are concerned that the significant expanse of zinc cladding at this location may look overbearing and dominant. The applicant has submitted plans addressing the issue of storage at roof level on the proposal. These amendments included a slight incline of storage area. There is no discernible visual improvement from what was originally proposed. However further consultation has taken place with Conservation team and it has been concluded that on balance the roof as proposed would be acceptable given that there will be limited views of it from street level and the building opposite will screen longer view of the building.

The applicant submitted a design statement in response to the concerns raised in relation to the elevation treatment. This was considered and on balance Planning decided that the design as proposed was not adequate.

The applicant was made aware of the concerns and submitted amended plans which addressed the concerns raised.

Given the prominent location of the proposal and its proximity to the Conservation Area and Listed Buildings it is recommend that we get high quality finishes for this proposal. Therefore a negative condition will be placed on any approval that will ensure samples of the proposed materials are submitted for our consideration/agreement (i.e. proposed brick and stone cladding etc) prior to commencement of the development.

We have also requested that any reference to proposed signage is removed from the drawings, as these are subject to separate advertisement consent.

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Figure 6 Proposed elevations

Supporting Sustainable Economic Growth

Paragraphs 4.18 to 4.22 of the SPPS set out the case that a modern, efficient and effective planning system is essential to supporting the Executive, and wider government policy. In its effort to promote long term economic growth in the interests of all of the people in this region.

This section asks planning authorities to take a positive approach to appropriate economic development proposals. It also asks the authorities to encourage proposals that make an important contribution to sustainable economic growth when making decisions.

The applicant submitted a supporting letter outlining the economic benefits of the proposal. The proposal has been described as a £8m project and it is hoped that the proposal will bring 200 construction jobs and 70-100 permanent jobs to the city. The proposal will also accommodate tourists coming to the city, which will in turn generate revenue for the city.

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Having already considered the various policy and environmental issues and found them to be acceptable. It is considered that in this particular case appropriate weight should also be given to the economic case. Therefore in this case the economic case put forward by the applicant provides further to the overall conclusion that planning permission should be granted in this case.

10. Conclusion and Recommendation Having considered all material considerations, including the development plan, relevant planning policies, surrounding planning history, third party representations, consultations etc. I would recommend that the Planning Committee gives consideration to my professional report and recommendation to approve planning permission for the proposal subject to the following conditions:

Conditions

1. As required by Section 61 of the Planning Act (Northern Ireland) 2011, the development hereby permitted shall be begun before the expiration of 5 years from the date of this permission.

Reason: Time Limit

2. The development hereby permitted shall not commence until a noise impact assessment has been undertaken to assess the impact of all potential noise sources from the proposed development on nearby existing residential property has been submitted to, and approved by the Planning Department. This noise impact assessment should include;

a. Establishment of background noise levels, including quiet evening and night time noise levels particularly at nearby residential property at Patrick Street. b. Details of the target noise levels to be achieved at residential property so as to protect residential amenity; c. Assessment of noise sources associated with the construction and operational phases of the development. In particular noise from external plant and equipment and the proposed plant rooms located on the 4th floor of the proposed development d. Details of any proposed mitigation measures required to achieve target noise levels detailed in 1b.

Reason: To protect residential amenity.

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3. Prior to the development hereby approved becoming operational the applicant shall provide to Planning Department, for approval, a noise verification report which demonstrates that all mitigation works associated with condition 2d have been completed.

Reason: To protect residential amenity.

4. Prior to the development hereby approved becoming operational, drawings shall be submitted to the Council indicating a proprietary odour control system. The main elements of the grease and odour control system fitted must include:-

- A kitchen canopy incorporating primary grease filters;

- Duct work to final termination incorporating secondary/odour control techniques such as carbon activated filtration, electrostatic precipitation or ozonation or indeed a combination of these; and

-A discharge at a suitable height and velocity to ultimately disperse and dilute residual odours. It is not recommended that a cowl fitting be erected to the termination point of the flue as this will impede dispersion.

-The services of a reputable Ventilation/Heating Engineer with experience and knowledge of odour/grease control systems shall be obtained to provide details of the system chosen, with plan and sectional drawings, showing all ducting, abatement unit and terminal extract point and external location of associated plant on the building. The written agreement of the Planning Department shall be obtained prior to installation of the proprietary odour control system.

Reason: To protect the amenity of nearby residential and commercial properties.

5. The development hereby approved shall not become operational until the road works at Edward Street indicated on Drawing No 05 date stamped received by Derry City and Strabane Council 9th June 2016 have been fully completed in accordance with the approved plans.

Reason: To ensure that the road works necessary to provide a proper, safe and convenient means of access are carried out at the appropriate time.

6. Before any works commence on site the applicant shall provide and agree in writing with Transport NI, detailed proposals for the construction and drainage of Edward Street.

Reason: In the interests of public safety and traffic management

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7. Provision shall be made to the satisfaction of Council and Transport NI to provide drainage along Edward Street to ensure that surface water does not flow from the public road onto the site.

Reason: In the interests of public safety and traffic management.

8. Provision shall be made to the satisfaction of Council and Transport NI to ensure that water from the roof of the development does not flow onto the public road or footway.

Reason: In the interests of public safety and traffic management.

9. Windows or doors shall not open out over the public road, verge and footway and steps, pillars, down spouts shall not project out onto the public road or footway.

Reason: In the interests of pedestrian safety, road safety and convenience of traffic.

10. A sample brickwork panel, with selected mortar jointing, and a sample stone cladding panel shall be agreed in writing with the Council prior to commencement of works on site.

Reason: To ensure high quality materials are used and that the character and appearance of the conservation area is not prejudiced.

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Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 7th September 2016

APPLICATION No: LA11/2015/0245/F

APPLICATION TYPE: Full Planning application

PROPOSAL: Proposed 10 no split level dwellings (2 no detached & 8 no semi-detached) on Lands previously approved for Apartment Blocks (application ref. A/2002/0543/F) - Incl. Associated Site works

LOCATION: Lands to the North West of 95 Victoria Gate Victoria Road Londonderry

APPLICANT: ODK Group

AGENT: John Coll JC Design Studio

ADVERTISEMENT: 29.06.2015

STATUTORY EXPIRY: 15.07.2015

RECOMMENDATION: Approval

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

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

1. Description of Proposed Development

The application is for 10 no dwellings to comprise of 2 no detached and 8 no semi-detached split level houses. The application was originally submitted for a total of 15 dwellings but was amended and the scheme reduced during the processing of the application. During the processing of the application a Drainage Assessment and Phase 1 Habitat Survey were submitted in support of the application.

2. EIA Determination and Habitats Regulations Assessment

An EIA determination was carried out as the site is greater than 0.5ha; however, it was determined that no Environmental Statement was required as there would be no significant environmental impacts. The potential impact of this proposal on Special Protection Areas, Special Areas of Conservation and Ramsar sites has also been assessed in accordance with the requirements of

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Regulation 43 (1) of the Conservation (Natural Habitats etc) Regulations (Northern Ireland) 1995 (as amended) and Shared Environmental Services concluded that the proposal would not be likely to have a significant effect on River Foyle and Tributaries SAC, Lough Foyle SPA/Ramsar or River Finn SAC or any other European site.

3. Site and Surrounding Area

Site Location Plan

The proposed site is 0.72 ha and lies to the South West of Victoria Park, located on Zoned Housing Land H19 (Woodside Road West) as defined In the Derry Area Plan 2011, and forms part of the overall development of Victoria Gate. The site is surrounded on three sides by mature trees and planting, with a buffer of existing vegetation located to the northwest boundary of the site separating the site from Victoria Road. A dense belt of mature tree vegetation is also located on the north east boundary visually separating the site from the existing developments at Victoria Park. An overhead electric pylon runs through the site. The topography of the site slopes down towards Victoria Road. Access to the site is through the existing development at Victoria Park.

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Mature tree belt adjacent to Victoria Park, and existing Pylon located through the site

Mature tree planting separating the site from Victoria Road

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Photograph of application site and mature tree boundary at the entrance from Victoria Gate

The site is located in an established residential area and is bounded on three sides by existing housing, Victoria Gate to the west and south, which is a low density development with a mixture of 2 and 3 storey split level dwellings and Victoria Park is located to the north and east.

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Existing dwellings in Victoria Gate

Dwellings under construction at entrance into the site

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4. Site Constraints

There are no relevant site constraints on the application site. An Area of Townscape Character as defined in the Derry Area Plan 2011 is located within Victoria Park adjacent to the site.

5. Neighbour Notification Report All relevant neighbours have been notified on the application. A total of 13 objections have been received on the application, see later section in this report.

Reference Neighbour Address Date Number Neighbour Notified

15 Victoria Road Gobnascale Ballymagorry Tyrone 1 LA11/2015/0245/F BT47 2NP 7/14/16 9 Victoria Park Gobnascale Gobnascale Londonderry Londonderry 2 LA11/2015/0245/F BT47 2AD 7/14/16 14 Victoria Park Gobnascale Gobnascale Londonderry Londonderry 3 LA11/2015/0245/F BT47 2AD 5/10/16 93 Victoria Gate Tamnymore Londonderry Londonderry 4 LA11/2015/0245/F BT47 2TQ 7/14/16 94 Victoria Gate Tamnymore Londonderry Londonderry 5 LA11/2015/0245/F BT47 2TQ 7/14/16 95 Victoria Gate Tamnymore Londonderry Londonderry 6 LA11/2015/0245/F BT47 2TQ 7/14/16 96 Victoria Gate Tamnymore Londonderry Londonderry 7 LA11/2015/0245/F BT47 2TQ 7/14/16 14, Victoria Park, Londonderry, Gobnascale, 8 LA11/2015/0245/F Londonderry, Northern Ireland, BT47 2AD 7/14/16 44 Victoria Gate,Tamnymore,Londonderry,Londonderry,BT47 9 LA11/2015/0245/F 2TQ, 5/10/16

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7 Victoria Gate,Tamnymore,Londonderry,Londonderry,BT47 10 LA11/2015/0245/F 2TQ, 5/10/16 The Long Acre, Carneal Road, Larne, Antrim, 11 LA11/2015/0245/F Northern Ireland, BT40 3LR 7/14/16 7, Victoria Gate, Londonderry, Londonderry, 12 LA11/2015/0245/F Northern Ireland, BT47 2TQ 5/10/16 6, Victoria Gate, Londonderry, Londonderry, 13 LA11/2015/0245/F Northern Ireland, BT47 2TQ 5/10/16 47, Victoria Gate, Londonderry, Londonderry, 14 LA11/2015/0245/F Northern Ireland, BT47 2TQ 7/14/16 44, Victoria Gate, Londonderry, Londonderry, 15 LA11/2015/0245/F Northern Ireland, BT47 2TQ 7/14/16 45, Victoria Gate, Londonderry, Londonderry, 16 LA11/2015/0245/F Northern Ireland, BT47 2TQ 7/14/16 17 LA11/2015/0245/F 46 Victoria Gate,Derry,BT47 2TP 7/14/16 44, Victoria Gate, Londonderry, Londonderry, 18 LA11/2015/0245/F Northern Ireland, BT47 2TQ 5/10/16 7, Victoria Gate, Londonderry, Londonderry, 19 LA11/2015/0245/F Northern Ireland, BT47 2TQ 7/14/16 6, Victoria Gate, Londonderry, Londonderry, 20 LA11/2015/0245/F Northern Ireland, BT47 2TQ 7/14/16

6. Relevant Site History

The application site was approved for an apartment development as part of the original Victoria Gate planning permission, reference number A/2002/0543/F. Permission expired on 03 February 2009. A further application, planning reference A/2007/0067/F, was then granted on 23rd October 2007 to change the apartment types previously granted in the 2002 application. Permission was granted for three blocks of 3 and 4 storey apartments on the application site (18 no in total), though it expired on 23rd October 2012.

The current proposal is now for 10 dwellings, instead of the 18 apartments previously granted permission.

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Previous apartment development layout - planning approval A/2007/0067/F

7. Policy Framework

RDS 2035 - SFG7 Strengthen the role of Londonderry as the Principal City of the North West; meeting the housing needs of the area.

Policy RG8: Manage housing growth to achieve sustainable patterns of residential development.

Derry Area Plan - The site is located on part of the zoned housing land H19 ‘Woodside Road West’, the principle of housing on these zoned lands is therefore acceptable. The key site requirements refer to retention of mature trees and hedgerows, additional landscaping and respecting the slopes and contours.

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Policy H1 Housing Design and Layout – requires a high standard of Design and Layout in all new housing developments.

Policy H2 Open Space Provision in New Housing Areas – requires the provision of manageable areas of incidental open space suitable for informal amenity and play use within new housing developments.

Policy ENV 6 Trees and Woodland – requires the retention of trees and hedgerows in development proposals wherever possible.

Policy ENV 7 Retention of Trees and Hedges and Landscape Requirements – requires development proposals to take account of existing trees and hedges which in the interests of visual amenity or wildlife habitat should be retained. Proposals are expected to provide appropriate landscaping as an integral part of the design.

PPS 2 Natural Heritage – sets out the planning policies for the conservation, protection and enhancement of our natural heritage.

PPS 3 Development Control: Roads Considerations – sets out the planning policies for vehicular and pedestrian access, transport assessment, and the protection of transport routes and parking.

Creating Places/Living Places – this is guidance to aid designers in creating quality residential developments.

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PPS 15 Planning and Flood Risk – sets out the Planning policies to minimise and manage flood risk.

8. Consultee Responses

River Agency – The site is not affected by any watercourse and does not lie within the 1 in 100 year fluvial flood plain or 1 in 200 year coastal floodplain. Due to the size and nature of the development and potential risk from surface water flooding, a Drainage Assessment was required. The applicant produced a Flood and Drainage Risk Assessment which is considered appropriate to the scale and nature of the proposed development and the risks involved. Rivers Agency accepts its logic and has no reason to disagree with the conclusions.

NIEA Historic Buildings Unit – have considered the impacts of the proposal on a nearby Listed Building at 6 Victoria Park which is a Grade 2 Listed Building, and advise the application site is sufficiently distant from the Listed Building to have an adverse impact on its setting. HBU have no concerns.

NIEA Coastal Development – The application site is 9.5km from marine designated sites, and is separated from the River Foyle with land and a road between. Provided the development is confined to the red line boundary there should be no impact on marine designated sites or the marine environment.

NIEA Water Management Unit – has considered the impacts of the proposal on the water environment and on the basis of the information provided is content with the proposal subject to conditions (see later section in this report).

NIEA Natural Heritage – has considered the impacts on Lough Foyle SPA/ASSI/Ramsar site, the River Foyle and Tributaries SAC/ASSI and is content that the proposal will not have any adverse impact on the ASSI or Natura 2000 sites.

Natural Environment Division has also considered the Extended Phase 1 Habitat Survey submitted and are content that no protected species or priority habitats had been found on the site. There may be a potential impact on bats if the proposal involves lighting, any lighting should be directed away from boundary vegetation.

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NI Water - Public water supply, foul sewer and surface water sewers are located within 20m of the proposal. There is available capacity in the receiving waste water treatment works. Standard informatives provided.

Transport NI – has no objections to the proposal; adequate access arrangements and parking have been provided and Transport NI have provided Private Streets Determination conditions. See later section in this report.

Environmental Health - has no objections to the proposed development subject to an informative advising the developer take into account the provisions of the Electricity Safety, Quality and Continuity Regulations 2002 Section 18 (3) regarding the erection of buildings close to overhead power lines and an informative advising the developer to ensure that adequate steps are taken during construction to control noise and dust.

Shared Environmental Services – The potential impact of this proposal on River Foyle and Tributaries SAC, Lough Foyle SPA/Ramsar or River Finn SAC 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 or conservation objectives of River Foyle and Tributaries SAC, Lough Foyle SPA/Ramsar or River Finn SAC, or any other European Site.

Loughs Agency – has no objection to the proposed development subject to conditions and informatives. (See later section in this report).

9. Representations

A total of 13 objections have been received on the application mainly from residents in Victoria Gate and Victoria Park. 8 of these objections were based on the initial proposal which was for 15 dwellings. The scheme was then reduced and amended to a total of 10 dwellings, with a further 5 objections received following re-neighbour notification of the amended scheme. All of the issues raised in the objections have been considered and are set out below, with Planning Officials consideration of the issues shown afterwards in italics;

Existing Pylon

• Building on the Victoria Park side of the pylon close to boundary of existing dwelling at Victoria Park raises concern in terms of proximity to existing dwellings. • Proximity to overhead electric lines

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The proposal was amended from 15 dwellings to 10 dwellings. The layout being presented before the Planning Committee keeps the development to the other side of the Pylon, further away from the boundary of the existing dwellings at Victoria Park.

• Potential risk to new residents from Electromagnetic Radiation Environmental Health were consulted in relation to the existing Pylon located on the site, and have taken this into consideration, advising that the developer is required to take account of the provisions of the Electricity Safety, Quality and Continuity Regulations 2002 Section 18(3); and any new exposure should comply with the public exposure electrical fields guidelines of the International Commission on Non Ionizing Radiation.

Traffic impacts, safety and Parking • Increase traffic, congestion, difficulties for access for fire brigade trucks and ambulances, pollution from traffic, construction traffic. • Insufficient parking, result in vehicles parking on road restricting line of visibility creating health and safety concerns for children, road safety. Parking on the street is already an issue • Access/entrance to the development should not be through Victoria Gate. • Proposed hammerhead suggests further development planned for the future.

With regards to concerns relating to traffic impacts, access and parking, this application proposal is to essentially change the previous planning permissions granted from 3 blocks/18 apartments, to a total of 10 dwellings. The access to serve the site on the previous planning permissions was taken from Victoria Gate, and therefore has not changed. The traffic impact and parking required for 10 dwellings is substantially reduced from that which was required on the previous planning permissions granted for the apartment development. The agent has demonstrated that in-curtilage parking will be provided for each dwelling in the form of at least 2 spaces per dwelling which meets the guidance of Creating Places and Planning Policy Statement 3. With regards to safety, the layout and the provision for the safe movement and turning of vehicles within the development has been assessed by Transport NI who has no objections from a road safety perspective. With regards to the concerns that the hammerhead suggests future development, this was required so that vehicles could turn safely within the development. Planning Officials cannot give assurances that no future application will be submitted. It is important to note however

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that the remaining land is open space, which was conditioned as part of the previous planning permissions, and we have sought through this application to ensure that the housing did not encroach onto this open space area.

Ground slippage and Trees • Slippage of the steep ground on to the main road from construction.

Construction works will be required to be carried out in accordance with the proposed plans, therefore the levels and retaining walls required to the rear of dwelling plots 14-18 should ensure there will be no slippage on to the main Victoria Road. A condition can be imposed to ensure the levels and retaining structures are carried out as approved.

• Mature trees in the area should not be removed as they stabilise the steep ground in the vicinity. • Extensive digging work – impact on mature trees which provide support to foundations and ground. • Fencing should be erected outside protected trees areas from the top to bottom of site – secure fencing of sufficient height so no damage is caused to trees.

The existing trees within the site are not protected by a Tree Preservation Order, though all existing mature trees on the sites boundaries are shown to be retained as part of this application proposal. The landscape plan (drawing no 08 Revision 1) states the existing trees will be retained and protected during construction by a 1.2m fence prior to commencement of works. The retention and the protection of trees can be imposed by condition. See later section in this report.

Open Space, Play Areas • There is no playground for the children in the development.

The proposed layout respects and incorporates an area of landscaped open space which was previously approved in the original planning application for Victoria Gate, which is in keeping with the approved landscaping proposals for the entire residential development of Victoria Gate. Whilst it is acknowledged that there is no play provision for children, the protection of the open space which was envisaged for the site has been included into this application

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proposal and will be conditioned to be retained. The provision of open space therefore complies with what was granted for the development of this part of the Victoria Gate original planning permission.

Character, Density and Dwelling style • Change character of Victoria Gate • Volume of houses / density • Dwelling style not in keeping with homes already built in Victoria Gate, which are mainly detached, reduce value of home

In terms of character and density, the proposed dwellings are considered appropriate to the site and the character of the area, and are a more suitable form of development from the apartments previously approved. The mix of dwellings proposed include 2 detached and 8 semi-detached dwellings which are in keeping with the existing dwellings in Victoria Park, both those that are built and those under construction. The existing house types in Victoria Gate are varied, with different styles for a lot of the dwellings. There are 4 proposed house types for this development all of which have contrasting modern design elements and components, similar yet different to the existing development, which is the theme within this existing Residential Environment.

Management Company • New properties built do not fall under the Victoria Gate property management, only current members pay for the communal areas and salting of roads. • Management company for the upkeep of the street • Victoria Gate has a final asphalt layer which will be destroyed by builders heavy trucks. Who will repair and pay for damage.

With regards to the concerns raised regarding the existing management company of Victoria Gate and the future management, whilst this would have been a condition imposed on planning approvals for large housing developments in the past, Planning Officials no longer place this condition on planning approvals. The management responsibility therefore is a civil matter between the developer/landowner and the purchaser of the property. The agent has however advised that a Management Company (Victoria Gate 3 Limited) has been set up and the purchasers of the properties are obliged to legally sign up to the management company.

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With regards to the concerns raised relating to the damage of the final asphalt layer of Victoria Gate, this matter is not a valid planning consideration but is normally dealt with through a ‘Bond’ between the developer and Transport NI.

Dust, Noise and Pollution • Dust, noise and pollution from traffic passing existing homes

Environmental Health Department has been consulted on the application and have no objections to the proposal. They have provided comment advising that the developer is to ensure that adequate steps are taken during construction to control noise and dust.

• Building work on site being developed commences before 7am which is unacceptable especially at weekends.

Construction times are not under the remit of planning, though any disturbance would be considered temporary during the ongoing construction period.

Natural Habitats • The proposal could impact on existing birds and wildlife on the site.

A phase 1 Habitat survey was submitted in support of the application. NIEA were consulted with the report and agree with its conclusions, that no protected species or priority habitats had been found on the site. Any impact to bats could be mitigated so that any lighting proposed should be directed away from the any boundary vegetation, and be of a type as set out in the Bat Conservation Trust Guidelines. The developer has provided a layout plan showing the lighting proposed; this indicates there will be no lighting close to vegetation, however a condition will be imposed to ensure that it must be directed away from the vegetation and comply with the guidelines specified above. See condition section later in this report.

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Overlooking • Height of new houses, potential for overlooking into bedrooms at front of existing properties and impacts on views • Proposal not in keeping with QD1 sections 1.8, 4.30 and 4.38, and DCAN 8 – 4.4, 4.10, 4.11 and 4.18

The Finished Floor Level of the dwellings proposed adjoining the boundary with the existing dwellings in Victoria Gate range between 38.5 to 40.375. In the rear garden amenity space of these dwellings, unit numbers 19-23, the ground level increases by approx. 4-5 metres at the rear. The existing dwellings beyond this are located at a much higher level than the dwellings proposed. Given that the ground level and the finished floor level of the proposed dwellings are significantly lower than the existing dwellings to the rear of this, and there is a separation distance to the common boundary which ranges between 9 metres at the shortest garden depth (unit no 19) to 18 metres depth (unit no 23), there will be no unacceptably adverse impacts on the existing neighbouring properties in terms of overlooking.

Existing dwelling no 96 Victoria Gate located at a significantly higher level in topography

With regards to the point raised in relation to the impacts on views, the rear elevation of these split level dwellings (unit no 19-23) are two storey in height at the rear, measuring 9 metres (house type B) and 9.5 metres (house type D) from finished floor level. Whilst it is

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acknowledged that the proposed dwellings could impact on existing views of dwellings, particularly no 96 Victoria Gate, protection of a view is not a material planning consideration.

Planning officials consider that all objections have been fully considered.

10. Planning Assessment, including Other Material Considerations

This proposal has been assessed against the provisions of the Derry Area Plan 2011, as well as other material considerations including the Regional Development Strategy; the Strategic Planning Policy Statement for Northern Ireland; PPS 15 Planning and Flood Risk; PPS 8 Open Space and Outdoor Recreation; PPS 7 Quality Residential Environments; PPS 3 Access Movement and Parking, PPS 2 Natural Heritage and supplementary guidance in ‘Creating Places’, as well as consultation responses and the representations received.

The Strategic Planning Policy Statement for NI (SPPS)

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

Derry Area Plan 2011

The application site is located on Zoned Housing land H19 as defined in the Derry Area Plan, the principle of housing is therefore acceptable on this site.

Planning Policy Statement 15 Planning and Flood Risk

The proposal meets the requirement of PPS 15 policy FLD 3, as the applicant has produced a Flood and Drainage Risk Assessment report which is considered appropriate to the scale and nature of the development proposed and the risks involved. Rivers Agency accepts the report and have provided informatives.

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Planning Policy Statement 3 Access Movement and Parking

The proposal complies with PPS 3, as adequate parking provision for the housing development has been provided. The agent indicated initially that the developer wanted the road to remain private, however this must be sought and applied for through separate Roads Legislation. Private Streets determination drawings have therefore been provided and Transport NI have provided conditions. See conditions section later in this report.

Access into site

Planning Policy Statement 2 Natural Heritage Interests

A Phase 1 Habitat Survey was submitting during the processing of the application and NIEA have advised that the existing trees should be retained and protected, and that proposed planting should be of native species, all of which can be dealt with through planning condition, see conditions section later in this report. Potential impact on bat species was also considered and NIEA have no objection subject to any lighting proposed is to be directed away from boundary vegetation. An external lighting plan has been provided from the agent which does not have any lighting close to existing boundary vegetation. A condition can be imposed to ensure that any potential impacts to Bats will be mitigated.

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It is therefore considered that the proposed development will not have any adverse effect on natural heritage interests.

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

All of the QD1 criteria (a-i) are expected to be met; they are each assessed below:

a) In terms of the site’s character, the site is located within an established residential area of Victoria Gate. The layout, scale and massing of buildings are considered appropriate to the character and topography of the site. The proposed 10 dwellings follows a similar street pattern to that of the existing dwellings in Victoria Gate, with dwellings fronting on to an internal access road. There is a varied mix of house types, with 4 different house types proposed within the development. The dwellings are split level houses which is consistent with some of the existing dwellings and works with the existing levels and the topography of the site. The front elevations of the dwellings 19-23 are 2 & ½ storey measuring approx. 10.5 metres in height, with the rear elevations being 2 storey measuring approx. 9 metres in height. Opposite these, unit numbers 14-18 which front onto the internal road are 2 storey on the front elevation and as the ground falls towards the north the rear elevations are split level and are 2 & ½ storey in height. The proposed dwellings, in terms of scale and massing are therefore considered appropriate to the site, its topography and area.

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Site layout plan

b) There are no features of archaeological and built heritage identified on the site. NIEA has confirmed that there would not be an unacceptable impact on nearby listed buildings.

c) This application is for a total of 10 dwellings and therefore open space is not required in accordance with PPS 8. However, as this part of the site forms part of the original planning permission granted for Victoria Gate, it was required to have a landscaped open space area. This development proposal has included and incorporated the open space area of the original approval, which was conditioned as part of the planning permission for the Victoria Gate under application reference A/2002/0543/F. The housing proposed does not encroach on the area of open space, but there is some encroachment on this area by the provision of the turning head. The turning head is required so that vehicles and visitors can turn safely on the public Road. This limited encroachment into the open space area is outweighed by the necessity for the safe movement of traffic within the site.

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Planting proposals for the site, open space area retained.

In terms of private amenity space, adequate provision has been made for all dwelling units proposed and these exceed the standards as set out in Creating Places; garden sizes range from 90sq metres to approx. 270 sq metres on the largest plot, no 23.

A landscaping scheme has been provided for the site which will soften the visual impact of the development and assist in its integration with the surrounding area. The existing mature tree vegetation is to be retained and as per the requirements of NIEA who also advised the trees should be protected during construction. The landscaping scheme proposed by the agent annotates that the trees will be retained and protected, and therefore it is considered a condition should be imposed for the retention and protection of the mature tree vegetation on the site.

The proposal therefore meets the standards and guidance of Creating Places in terms of private amenity space for the dwellings and PPS 8 in terms of the protection and provision of communal open space which was required and approved in the original planning permission granted for the development of the H19 zoning.

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d) Local neighbourhood facilities are not required due to the scale of the scheme; however the site is located within the development limits of the City and reasonably close to shopping and neighbourhood facilities.

e) A movement pattern has been established for the development with provision made for a new vehicular access into the site from the existing development at Victoria Gate. There has been no provision made for a footway for this part of the development though pedestrians will use the existing footways in Victoria Gate.

f) Adequate provision has been made for parking within the development with in-curtilage parking provided for all of the dwellings. Transport NI have no concerns relating to the parking provision which meets the requirements of PPS 3 and the published ‘Parking Standards’.

g) The design of the dwellings are modern and contemporary which is a characteristic of the existing Victoria Gate development, with projections and bay windows on front elevation, and one house type (HY A) having a balcony on the rear elevation at first floor level, and another (HY C) having a Juliet balcony. The finishes proposed include dark grey brick finish to walls/projections, smooth plaster render finish to walls, smooth concrete blue/black tiles, uPVC double glazed windows. In the context of the existing dwellings in Victoria Gate, the design is considered acceptable.

Page 154 Appendix 10

House Type A

House Type B

Page 155 Appendix 10

House Type C

House Type D

Page 156 Appendix 10

h) The Design and layout will not conflict with adjacent land uses and there will be no unacceptable adverse effect on existing or proposed properties in terms of overlooking, loss of light, overshadowing, noise or other disturbance. The dwellings to the south of the site in Victoria Gate are located at a significantly higher level than the dwellings proposed, and are separated from the boundary of the proposed site with an internal road, except for one dwelling no 96, which is closer to the existing boundary. The proposed dwellings which could impact on this existing dwelling no 96 are unit no’s 19 and 20, however these are located at a significantly lower level than the existing dwelling, and are located 10 metres from the common boundary, therefore any impact would not be significant.

Photograph of the closest neighbouring property located at a higher level than the site

Page 157 Appendix 10

Photograph of neighbouring properties adjoining the site

i) The development is designed to deter crime and promote personal safety to and from the site the units are orientated onto the internal road. The house types proposed will provide a good degree of supervision onto the communal open space area. The proposal will therefore promote personal safety for the proposed and existing residents/users in the area.

Conclusion and Recommendation

The proposal is considered acceptable in that it is in accordance with the Derry Area Plan 2011 and other material considerations; specifically, the proposal is on zoned housing land and it meets the criteria of QD1 of PPS 7 in that it has been demonstrated a quality residential environment can be achieved. The open space area originally approved in the original Victoria Gate approval is included within this current application proposal. Provision made for infrastructure works are in accordance with PPS 3; sewerage and land drainage in accordance with PPS 15; impacts on natural habitats in accordance with PPS 2 all of which are supported through the SPPS for NI. Other material considerations including the representations received have also been taken into account, but overall they support an approval of the application.

Page 158 Appendix 10

It is therefore recommended that the Council’s Planning Committee approve planning permission LA11/2015/0245/F for the proposed development subject to conditions set out below;

1. As required by Section 61 of the Planning Act (Northern Ireland) 2011, the development hereby permitted shall be begun before the expiration of 5 years from the date of this permission.

Reason: Time Limit.

2. The existing mature trees and natural screenings of this site shall be permanently retained unless otherwise agreed in writing with the Council.

Reason: To ensure the development integrates into the existing landscape and to ensure the maintenance of screening to the site.

3. Prior to the commencement of any other site works, all existing trees on the site shall be permanently retained and fenced off, as identified on drawing no 02 Revision 4 date stamped 31 May 2016. This must be at a distance of the crown spread (the outer drip-line of the tree) or half the tree height, whichever is the greater. Fencing shall be at least 1.2m high cleft chestnut pale or chain link, well braced to resist impacts or similar to be agreed in writing with the Council. These works shall be undertaken in accordance with details in the landscape drawing No.08 Revision 1 dated 29 April 2016, before any equipment, machinery or materials are brought on to the site for the purposes of the development and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within these areas shall not be altered, nor shall any excavation be made or any other works carried out, or fires lit without the prior written consent of the Council.

Reason: To ensure the protection of trees and other vegetation to be retained and to ensure the continuity of amenity afforded by existing trees.

Page 159 Appendix 10

4. Prior to the occupation of any of the dwellings hereby approved, the developer shall provide the proposed public open space and all peripheral planting as indicated on the approved plan, drawing no 08 Revision 1 date stamped 29 April 2016.

The trees indicated within plots shall be planted during the first available planting season after the occupation of any dwelling on the plot. These trees shall be retained and maintained by the owner of the plot and the condition referring to such retention and maintenance shall be placed as a condition of the sale of the plot.

All hard and soft landscaping works shown on the approved plans shall be carried out in accordance with the approved details and the appropriate British Standard or other recognised Codes of Practice.

Reason: To ensure that the public open space and peripheral planting provision is provided in a timely manner for the benefit of the occupiers and to aid integration of the development into the local landscape as soon as possible.

5. The open space areas referred to in condition 4 shall be managed and maintained in accordance with the agreed management schedule date stamped received by Council 15 August 2015 and drawing no 08 Revision 1 date stamped 29 April 2016.

Reason: To ensure that the open space provided is managed and maintained, in perpetuity, in accordance with the Department's Planning Policy Statement 7 (PPS7)-Quality Residential Environments, and Planning Policy Statement 8 (PPS8)-Open Space, Sport and Outdoor Recreation.

Reason: To ensure the provision, establishment and maintenance of a high standard of landscape.

Page 160 Appendix 10

7. The boundary treatments for the site as identified on Drawing no 12 date stamped 15 August 2016 shall be completed prior to the occupation of any individual unit hereby approved.

Reason: To secure a quality residential environment

8. Each building shall be provided with such sanitary pipework, foul drainage and rain-water drainage as may be necessary for the hygienic and adequate disposal of foul water and rain- water separately from that building. The drainage system should also be designed to minimise the risk of wrongly connecting the sewage system to the rain-water drainage system, once the buildings are occupied.

Reason: In order to decrease the risk of the incorrect diversion of sewage to drains carrying rain/surface water to a waterway.

9. A detailed Construction Method Statement (CMS) must be submitted to the Planning Authority, for consultation and agreement with NIEA Water Management Unit, at least eight weeks prior to the commencement of construction. The CMS should include pollution prevention measures to protect groundwater and other waterways for the construction and operational phases of the application.

Reason: To ensure effective avoidance and mitigation measures have been planned for the protection of the water environment

10. All storm water from the development site should not be discharged to nearby watercourses unless first passed through pollution interception and flow attenuation measures. Storm water can carry pollutants into watercourses and high volume discharges can alter the prevailing hydrological regime, both of which can impact on fisheries interests.

Reason: To prevent pollution of surface waters.

11. The access gradient(s) to the dwelling(s) hereby permitted shall not exceed 8% (1 in 12.5) over the first 5 m outside the road edge. Where the vehicular access crosses service strip, the access

Page 161 Appendix 10

gradient shall be between 4% (1 in 25) maximum and 2.5% (1 in 40) minimum and shall be formed so that there is no abrupt change of slope along the service strip.

Reason: To ensure there is a satisfactory means of access in the interests of road safety and the convenience of road users.

12. 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.11 Rev 1 bearing the date stamp 31 May 2016

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.

13. Notwithstanding the provisions of the Planning (General Development) (Northern Ireland) Order 1993, no buildings, walls or fences shall be erected, nor hedges, nor formal rows of trees grown in (verges/service strips) determined for adoption.

Reason: To ensure adequate visibility in the interests of road safety and the convenience of road users and to prevent damage or obstruction to services.

14. No dwelling(s) shall be occupied until visibility splays of 2.0 metres by 33 metres is provided at the junction of the proposed driveway access with the development access road for the associated dwelling. The area within the visibility splays shall be cleared to provide a level surface no higher than 250mm above the level of the adjoining carriageway and such splays shall be retained and kept clear thereafter.

Reason: To ensure the orderly development of the site and the road works necessary to provide satisfactory access to each dwelling

Page 162 Appendix 10

15. Low pressure sodium lamps or high pressure sodium bulbs shall be used where lighting is necessary throughout the site.

Reason: To minimise the impact of the proposal on bats.

16. All site lighting should be directed away from any boundary vegetation to where it is needed only and light spillage shall be avoided, to minimise the impact of the proposal on bats.

Reason: To minimise the impact of the proposal on protected species.

Page 163 This page is intentionally left blank Appendices’ 11, 12 & 13

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 7th September 2016

APPLICATION No’s: A/2008/0065/F (Phase 1) A/2008/0121/F (Phase 2) A/2008/0137/F (Phase 3)

APPLICATION TYPE: Full Planning Application

PROPOSAL: Housing Development – Three applications for the overall zoning at H24

LOCATION: H24 zoned lands for housing, adjacent to 97 Stevenson Way, Tullyally Road, Tullyally

APPLICANT: O Kane and Devine

AGENT: Studio Rogers

ADVERTISEMENT: The applications were initially advertised on the 15/02/2008 and due to amendments all three applications were re-advertised on the 29/01/2016

STATUTORY EXPIRY: 05/03/2008 & 17/02/2016

RECOMMENDATION: Approval for all three applications

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

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

1. Description of Proposed Development

This report is dealing with three associated and interlinked housing developments at the H24 zoning as defined by the Derry Area Plan 2011. The three applications total a number of 169 dwellings and are broken down as follows:

A/2008/0065/F - Housing development (53 dwellings) Phase 1 (closest To Tullyally road)

A/2008/0121/F - Housing development (42 dwellings) Phase 2

A/2008/0137/F - Housing development (74 dwellings) Phase 3

Page 165 Appendices’ 11, 12 & 13

Location Map – Phase 1 in red, phases 2 and 3 in blue.

EIA Determination and Habitats Regulations Assessment

An EIA determination was carried out on the three applications under the category 2 10B of the Planning (Environmental Impact Assessment) Regulations (NI) 2015 as the site is greater than 0.5 ha. The three individual applications make up the 10.5 hectares of the total zoning with each application exceeding the threshold as set out in Schedule 2. It was determined that no Environmental Statement was required as there would be no significant environmental impacts. The potential impact of this

Page 166 Appendices’ 11, 12 & 13 proposal on Special Protection Areas, Special Areas of Conservation and Ramsar sites has also been assessed in accordance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats etc) Regulations (Northern Ireland) 1995 (as amended) and Shared Environmental Services (SES) concluded that the proposal would not be likely to have a significant effect on the features of any European site, subject to a condition being imposed for the third phase of the development A/2008/0137/F to mitigate any impacts.

2. Site and Surrounding Area

The site is a total of 10.5 hectares and consists of zoned housing land (H24) contained within the development limits of Derry, the site is made up of three applications. The site is accessed off the existing Tullyally Road on the north western boundary.

The topography of the overall zoning constitutes a sharp rise from the entrance road at the north western boundary for approximately the first 50 metres it then plateaus for the remainder of the existing field with a slight drop from north to south which continues for the second field which terminates in a small watercourse on the south eastern boundary; this end portion is also heavily covered with undergrowth. There is decent boundary vegetation to the northern boundary and along the development limit on the western boundary which is made up of a dense high hedge with some interspersed small trees.

The surrounding area has three nearby housing developments; the existing estates at Tullyally and Currynierin and the more recent development at Ivymead. The two former sites are made up of small terraces of up to 5 dwellings with the occasional semi-detached or three dwelling terrace. The house types are two stories and have some peripheral open space and utilise parking courts throughout the site. The Ivymead development is a more modern layout with small portions of open space scattered throughout the site. Within Ivymead, the layout has small strips of terraced dwellings but has more of an emphasis on semi-detached dwellings, with the occasional detached single storey dwelling.

Page 167 Appendices’ 11, 12 & 13

Overall layout of H24 Zoning including all three phases of the development.

Page 168 Appendices’ 11, 12 & 13

Phase 1 of site Application ref: A/2008/0121/F

View of Tullyally from phase 1 of site (taken from approx. area of proposed open space)

Page 169 Appendices’ 11, 12 & 13

Phase 2 of site Application Ref: A/2008/0065/F

Photo of Phase 2. Tullyally to left, Curryneiran to right

Page 170 Appendices’ 11, 12 & 13

Phase 3 of site Application Ref: A/2008/0165/F

Page 171 Appendices’ 11, 12 & 13

Photo of Phase 3 taken from centre of the site looking south.

3. Site Constraints

To the south eastern boundary the site has a small watercourse which is hydrologically linked to the River Faughan SPA/SAC, see detailed consideration in the SES, Rivers and NIEA consultation replies, later section in this report.

Page 172 Appendices’ 11, 12 & 13

4. Neighbour Notification Report

Neighbours for A/2008/0065/F

Neighbours Notified Neighbour Address Date Neighbour Notified 15 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 2/1/08 17 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 2/1/08 31 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 2/1/08 33 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 2/1/08 35 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 2/1/08 37 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 2/1/08 4 Tullyally Road,Lower Tullyally,Drumahoe,BT47 3QR 2/1/08 55 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/1/08 57 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/1/08 59 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/1/08 61 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/1/08 63 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/1/08 65 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/1/08 67 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/1/08 69 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/1/08 6 Tullyally Road,Lower Tullyally,Drumahoe,BT47 3QR 2/1/08 71 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 2/1/08 71 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/1/08 73 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 2/1/08 75 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 2/1/08 77 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 2/1/08 87 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 2/1/08 89 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 2/1/08 8 Tullyally Road,Lower Tullyally,Drumahoe,BT47 3QR 2/1/08 91 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 2/1/08 93 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 2/1/08 95 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 2/1/08 97 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 2/1/08

Page 173 Appendices’ 11, 12 & 13

Neighbours Notified Neighbour Address Date Neighbour Notified 15 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 4/13/16 17 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 4/13/16 31 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 4/13/16 33 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 4/13/16 35 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 4/13/16 37 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 4/13/16 4 Tullyally Road,Lower Tullyally,Drumahoe,BT47 3QR 4/13/16 55 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 4/13/16 57 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 4/13/16 59 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 4/13/16 61 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 4/13/16 63 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 4/13/16 65 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 4/13/16 67 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 4/13/16 69 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 4/13/16 6 Tullyally Road,Lower Tullyally,Drumahoe,BT47 3QR 4/13/16 71 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 4/13/16 71 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 4/13/16 73 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 4/13/16 75 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 4/13/16 77 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 4/13/16 87 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 4/13/16 89 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 4/13/16 8 Tullyally Road,Lower Tullyally,Drumahoe,BT47 3QR 4/13/16 91 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 4/13/16 93 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 4/13/16 95 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 4/13/16 97 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 4/13/16

Page 174 Appendices’ 11, 12 & 13

Neighbours for A/2008/0121/F As at 8/8/16

Neighbours Notified Neighbour Address Date Neighbour Notified 139 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QT 2/14/08 141 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QT 2/14/08 143 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QT 2/14/08 145 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QT 2/14/08 147 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QT 2/14/08 149 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QT 2/14/08 26 Elm Close,Lower Tullyally,Londonderry,BT47 3DG 2/14/08 28 Elm Close,Lower Tullyally,Londonderry,BT47 3DG 2/14/08 2 Elm Close,Lower Tullyally,Londonderry,BT47 3DG 2/14/08 39 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/14/08 41 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/14/08 43 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/14/08 45 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/14/08 47 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/14/08 49 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/14/08 4 Elm Close,Lower Tullyally,Londonderry,BT47 3DG 2/14/08 51 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/14/08 53 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/14/08 55 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/14/08 57 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/14/08 59 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/14/08 61 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/14/08 63 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/14/08 65 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/14/08 67 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/14/08 69 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/14/08 6 Elm Close,Lower Tullyally,Londonderry,BT47 3DG 2/14/08 8 Elm Close,Lower Tullyally,Londonderry,BT47 3DG 2/14/08

Page 175 Appendices’ 11, 12 & 13

Neighbours Notified Neighbour Address Date Neighbour Notified 139 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QT 1/26/16 141 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QT 1/26/16 143 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QT 1/26/16 145 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QT 1/26/16 147 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QT 1/26/16 149 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QT 1/26/16 26 Elm Close,Lower Tullyally,Londonderry,BT47 3DG 1/26/16 28 Elm Close,Lower Tullyally,Londonderry,BT47 3DG 1/26/16 2 Elm Close,Lower Tullyally,Londonderry,BT47 3DG 1/26/16 39 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 1/26/16 41 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 1/26/16 43 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 1/26/16 45 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 1/26/16 47 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 1/26/16 49 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 1/26/16 4 Elm Close,Lower Tullyally,Londonderry,BT47 3DG 1/26/16 51 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 1/26/16 53 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 1/26/16 55 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 1/26/16 57 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 1/26/16 59 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 1/26/16 61 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 1/26/16 63 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 1/26/16 65 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 1/26/16 67 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 1/26/16 69 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 1/26/16 6 Elm Close,Lower Tullyally,Londonderry,BT47 3DG 1/26/16 8 Elm Close,Lower Tullyally,Londonderry,BT47 3DG 1/26/16

Page 176 Appendices’ 11, 12 & 13

Neighbours for A/2008/0137/F As at 8/8/16

Neighbours Notified Neighbour Address Date Neighbour Notified 15 Milldale Crescent,Lower Tullyally,Londonderry,BT47 3UY 2/22/08 15 Stoneburn Place,Lower Tullyally,Londonderry,BT47 3UZ 2/22/08 16 Milldale Crescent,Lower Tullyally,Londonderry,BT47 3UY 2/22/08 16 Stoneburn Place,Lower Tullyally,Londonderry,BT47 3UZ 2/22/08 17 Milldale Crescent,Lower Tullyally,Londonderry,BT47 3UY 2/22/08 17 Stoneburn Place,Lower Tullyally,Londonderry,BT47 3UZ 2/22/08 18 Milldale Crescent,Lower Tullyally,Londonderry,BT47 3UY 2/22/08 18 Stoneburn Place,Lower Tullyally,Londonderry,BT47 3UZ 2/22/08 19 Milldale Crescent,Lower Tullyally,Londonderry,BT47 3UY 2/22/08 19 Stoneburn Place,Lower Tullyally,Londonderry,BT47 3UZ 2/22/08 20 Milldale Crescent,Lower Tullyally,Londonderry,BT47 3UY 2/22/08 20 Stoneburn Place,Lower Tullyally,Londonderry,BT47 3UZ 2/22/08 21 Stoneburn Place,Lower Tullyally,Londonderry,BT47 3UZ 2/22/08 22 Milldale Crescent,Lower Tullyally,Londonderry,BT47 3UY 2/22/08 22 Stoneburn Place,Lower Tullyally,Londonderry,BT47 3UZ 2/22/08 23 Milldale Crescent,Lower Tullyally,Londonderry,BT47 3UY 2/22/08 23 Stoneburn Place,Lower Tullyally,Londonderry,BT47 3UZ 2/22/08 24 Milldale Crescent,Lower Tullyally,Londonderry,BT47 3UY 2/22/08 24 Stoneburn Place,Currynierin,Waterside,Londonderry,BT47 3UZ 2/22/08 25 Milldale Crescent,Lower Tullyally,Londonderry,BT47 3UY 2/22/08 55 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/22/08 57 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/22/08 59 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/22/08 61 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/22/08 63 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/22/08 65 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/22/08 67 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/22/08 69 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/22/08 71 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/22/08 73 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/22/08 75 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/22/08 77 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 2/22/08 87 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 2/22/08 89 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 2/22/08 91 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 2/22/08 93 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 2/22/08 95 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 2/22/08 97 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 2/22/08

Page 177 Appendices’ 11, 12 & 13

Neighbours Notified Neighbour Address Date Neighbour Notified 15 Milldale Crescent,Lower Tullyally,Londonderry,BT47 3UY 1/26/16 15 Stoneburn Place,Lower Tullyally,Londonderry,BT47 3UZ 1/26/16 16 Milldale Crescent,Lower Tullyally,Londonderry,BT47 3UY 1/26/16 16 Stoneburn Place,Lower Tullyally,Londonderry,BT47 3UZ 1/26/16 17 Milldale Crescent,Lower Tullyally,Londonderry,BT47 3UY 1/26/16 17 Stoneburn Place,Lower Tullyally,Londonderry,BT47 3UZ 1/26/16 18 Milldale Crescent,Lower Tullyally,Londonderry,BT47 3UY 1/26/16 18 Stoneburn Place,Lower Tullyally,Londonderry,BT47 3UZ 1/26/16 19 Milldale Crescent,Lower Tullyally,Londonderry,BT47 3UY 1/26/16 19 Stoneburn Place,Lower Tullyally,Londonderry,BT47 3UZ 1/26/16 20 Milldale Crescent,Lower Tullyally,Londonderry,BT47 3UY 1/26/16 20 Stoneburn Place,Lower Tullyally,Londonderry,BT47 3UZ 1/26/16 21 Stoneburn Place,Lower Tullyally,Londonderry,BT47 3UZ 1/26/16 22 Milldale Crescent,Lower Tullyally,Londonderry,BT47 3UY 1/26/16 22 Stoneburn Place,Lower Tullyally,Londonderry,BT47 3UZ 1/26/16 23 Milldale Crescent,Lower Tullyally,Londonderry,BT47 3UY 1/26/16 23 Stoneburn Place,Lower Tullyally,Londonderry,BT47 3UZ 1/26/16 24 Milldale Crescent,Lower Tullyally,Londonderry,BT47 3UY 1/26/16 24 Stoneburn Place,Currynierin,Waterside,Londonderry,BT47 3UZ 1/26/16 25 Milldale Crescent,Lower Tullyally,Londonderry,BT47 3UY 1/26/16 55 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 1/26/16 57 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 1/26/16 59 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 1/26/16 61 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 1/26/16 63 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 1/26/16 65 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 1/26/16 67 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 1/26/16 69 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 1/26/16 71 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 1/26/16 73 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 1/26/16 75 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 1/26/16 77 Tullymore Road,Lower Tullyally,Londonderry,BT47 3DQ 1/26/16 87 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 1/26/16 89 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 1/26/16 91 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 1/26/16 93 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 1/26/16 95 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 1/26/16 97 Stevenson Park,Lower Tullyally,Tullyally,BT47 3QS 1/26/16

Page 178 Appendices’ 11, 12 & 13

5. Relevant Site History There is no relevant site history connected with the three applications that make up the housing zoning H24.

6. Policy Framework

RDS 2035 - SFG7 Strengthen the role of Londonderry as the Principal City of the North West; meeting the housing needs of the area.

Policy RG8: Manage housing growth to achieve sustainable patterns of residential development.

Derry Area Plan 2011, – Policy H1 Housing Design and Layout. This sets the policy context for development within housing zonings. The applicable policy refers to development being of a size and character that reflects the surrounding development that also includes the provision of open space and comply with all other relevant plan policies. Fundamentally all major zonings have to provide a concept master plan. The plan also calls for an appropriate landscaped buffer to the rural area.

PPS 3 Development Control: Roads Considerations – sets out the planning policies for vehicular and pedestrian access, transport assessment, and the protection of transport routes and parking.

Page 179 Appendices’ 11, 12 & 13

Internal road network in red for all three phases of H24 zoning

Page 180 Appendices’ 11, 12 & 13

Access point from the Tullyally Road, located at the North east corner of Phase 1

PPS15 Planning and Flood Risk – looks at the possible sources of flooding and potential flood risk which need to be considered; including surface water run-off and drainage.

Page 181 Appendices’ 11, 12 & 13

Area to the southern boundary of phase 3 that contains the watercourse.

Creating Places/Living Places – this is guidance to aid designers in creating quality residential developments.

7. Consultee Responses TNI – Transport NI have agreed the extent of the adoptable road network system within the development and have attached conditions and informatives to be included within any approval. In addition as part of the overall three applications works are required to the Tullyally Road to accommodate the increase in traffic arising from the 169 dwellings. The extent of road widening has been agreed and will form part of the approval for the first phase of the development. There has also been several speed control measures agreed within the development that will be adopted by Transport NI.

Page 182 Appendices’ 11, 12 & 13

Access point from Tullyally road phase 1 (Existing Tullyally estate to the upper left)

SES – The first two phases were screened out by Shared Environmental Services who returned a consultation stating so. The third phase of the zoning, application Ref: A/2008/0137/F abuts an existing watercourse that is hydrologically connected to the River Faughan and its tributaries. SES proposed certain specific conditions relating to creating a buffer, storm drainage and surface water run-off, thus to prevent any indirect adverse effects on the River Faughan and Tributaries SAC. Hence, SES concluded their Appropriate Assessment, that there would be no adverse effect on the European sites.

Rivers Agency – The applicant during the course of the applications submitted three drainage Assessment reports for each application. Rivers Agency returned its consultation replies on the 4/7/16 with the comments that the agency has “no reason to disagree with its conclusions”. The Agency then recommended several informatives to be attached to any approval.

NIEA – Planning consulted with NIEA due to the proximity of the watercourse and the effect on the natural heritage. Their reply was to ask the agent to conduct a biodiversity survey with regard to hedges, badgers, wild birds and bats. This survey was submitted and returned with the following response “Natural Environment Division (NED) has considered the impacts of the proposal on

Page 183 Appendices’ 11, 12 & 13 designated sites and other natural heritage interests and, on the basis of the information provided, has no concerns subject to conditions.” The majority of their comments were referring to the third phase of the development, which contained the area of the watercourse and the dense thick undergrowth along its banks. There is a recommendation to create a landscaped buffer on the western boundary due to the sites abutting the development limits. This principle of softening the edge to the countryside is also called for in the Derry Area Plan key site requirements for the zoning.

Photo of western boundary at Phase 3 (to be retained and planted out as a buffer)

NI Water - There is available capacity within the receiving Waste Water Treatment Works/Sewer Network. Public water supply, foul sewer and surface water sewers are located within 20m of the proposal. Standard informatives provided.

Environmental Health - No concerns were raised regarding the principle of the development, however informatives were proposed to raise awareness that there is the potential for noise disturbance from construction noise. In addition they also raised the potential for noise from the adjoining school at break times etc. Whilst this is not a determining planning consideration, an appropriate informative can be attached to the relevant permission.

Page 184 Appendices’ 11, 12 & 13

8. Representations

One objection to Phase 3 was received from 24 Stoneburn Place on 06/03/2008. The nature of the objection related to a separate application at the time which proposed a road access from Phase 3 of the development to link up with the Ardmore Road through the fields to the south of the zoning. The issues raised were the disturbance to mature hedgerows, wildlife and trees. The “peaceful nature” of the area would be destroyed. The objector’s gable would be 1 metre away from the boundary of this access and the disturbance due to vehicular traffic would be “intolerable”. Since the objection was received, the proposal for the road has been refused under planning ref: A/2010/0629/F issued on 14/10/11, with no subsequent appeal. Planning officials would therefore consider this matter dealt with and the issues raised in the objection are not material considerations as that proposed access will not be constructed. No objections have been received in recent years.

9. Planning Assessment, including Other Material Considerations

Therefore, this proposal has been assessed against the provisions of the Derry Area Plan 2011, as well as other material considerations including the Regional Development Strategy; the Strategic Planning Policy Statement for Northern Ireland; PPS 15 Planning and Flood Risk; PPS 7 Quality Residential Environments; PPS 3 Access, Movement and Parking, and supplementary guidance in ‘Creating Places’, as well as consultation responses and the one objection received. The policy consideration is set out below:

Derry Area Plan 2011

The site is within the settlement limits of Derry City on zoned housing land. The principle of housing on the site is therefore considered acceptable, provided it is in keeping with the requirements defined in the Area Plan site characteristics.

The Strategic Planning Policy Statement for NI (SPPS)

The SPPS supports and strengthens PPS 7 in that it requires submission and agreement of a design concept statement/plan. A concept plan has been submitted with the application which demonstrates how the site will be developed. All new housing should demonstrate a high quality of design, layout including road infrastructure considerations and landscaping. Good design contributes to the creation

Page 185 Appendices’ 11, 12 & 13 of places to live that are safe and attractive and is also a key element in achieving sustainable development.

Planning Policy Statement 15 Planning and Flood Risk

The proposal meets the requirement of PPS 15 policy FLD 3, three consecutive Drainage Assessments were submitted throughout the processing of the application which were considered appropriate to the scale and nature of the development; see Rivers Agency response earlier.

Photo of watercourse area to southern end of Phase 3

Planning Policy Statement 3 Access Movement and Parking

The proposal complies with PPS 3 as adequate access arrangements and parking provision for the site have been provided. Conditions relating to the Private Streets Determination are set out in the conditions section later in this report.

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

All of the QD1 criteria (a-i) are expected to be met; they are each assessed below:

Page 186 Appendices’ 11, 12 & 13

A) The overall impact of the three applications have been considered in the context of the area, in that they respect and are appropriate to the adjacent housing developments at Tullyally and Curryneiran. The layout proposed is a more structured legible pattern connected through six interspersed portions of open space. The layout can be viewed as an evolution of the dated adjoining social housing layouts which comprised in the main, short terraced rows and rear parking courts broken up by large swathes of underused open space. These spaces do not fully integrate with the whole of the development usually being located on the periphery or at the rear of properties. The proposed layout for H24 has placed the housing around the edges and transferred the open space into the development to provide a connection through open space. This creates a more useable and accessible open space, promoting greater use as well as supervision and therefore safety. The proportions massing and appearance will generally follow a two storey detached and semi-detached pattern, although there has been a move away from the terrace aspect. The landscaping and hard surfacing has developed from the adjacent developments in that there is a much greater variety of planting and play areas, as opposed to large areas of grass. The open space areas are planned to give a slightly different feel to each one, this will aid legibility and the ability to navigate through the development. The by-product of this approach allows for the creation of an identity for the new development and therefore allowing it to establish its own character.

Photo of site from the junction of Phase 1 and 2 looking towards Tullyally in the background.

Page 187 Appendices’ 11, 12 & 13

B) In terms of archaeological, built heritage and landscape features the site has historically been used as a sequence of large agricultural fields. As such there has been no archaeological features discovered and the site contains no built heritage. In terms of landscape features there is a small stream on the southern boundary of phase 3 of the development which contains a small but dense belt of trees, foliage and hedgerows, the stream is also hydrologically linked to the River Faughan. Therefore the site will be protected by a 10 metre buffer and a long strip of open space to remove any development from the immediate vicinity of the stream. In addition, there is a strong tree/hedge boundary along the western boundary and a smaller collection along the eastern boundary of phase 3. These boundaries will, in the western end, form part of a 5 to 10 metre planted buffer along the development limit. On the eastern boundary they will be retained and incorporated into the rear gardens along that particular strip.

Photo of western boundary of phase 3 to be retained along with additional planting to create a 10 metre buffer.

Page 188 Appendices’ 11, 12 & 13

C) There has been an adequate provision made for public open space. The public space has been dispersed throughout the site in 6 different areas in an attempt to connect the site through space. The spaces are of varying sizes and uses, with the largest central space (1377 m2) located close to the perceived centre or heart of the development. This is a more formal village square with a small play park. Each phase has two open space areas which add to the legibility and aids the orientation of the development. Accompanying this is a detailed planting and landscape maintenance schedule. In addition to the static open spaces there are some pedestrian walkways provided to allow for more permeability throughout the site; these walkways are defined by small planted strips. There is also the main arterial route through the three phases. This main route will be tree lined to set it apart from the remaining secondary routes to aid legibility and orientation.

The private open space meets the guidance of creating places with the vast majority of homes getting sufficient rear private space. The development also promotes a small front garden space to the majority of dwellings, which at points will be augmented by the main tree lined avenue.

D) The development is not of a size that would require or trigger the need for neighbourhood facilities which usually occurs at the trigger point of 300 dwellings or 15 hectares of development or more. However the site is close to the existing Tullyally shopping centre which has a mix of various retail and hot food outlets.

E) The development has demonstrated a permeable movement pattern. There are various routes through the development either from a combined road and footpath network to more direct sections of pathways between different areas. There are some small pathways leading from private driveways to connect different areas and provide more direct routes to open space areas. Externally there is only one access road proposed through phase 1 at the northern end of the site adjoining the Tullyally Road. There has also been two pedestrian links shown within phase 2 of the development which will link up with the adjoining developments at Tullyally and Curryneiran. Both connections will link up to the existing open space within those developments. It is envisaged that this network will support walking and cycling, although there is no specific cycling route through the site as it is not on a sustrans route. As part of the private streets determination, there are several traffic calming measures.

Page 189 Appendices’ 11, 12 & 13

Photo of access point to site from phase 1 looking north to Tullyally road.

F) The proposed road network is to be adopted by Transport NI under the Private Streets Order. Transport NI have reviewed the extent of parking, both incurtilage for each dwelling and for on street visitor parking. The proposed level of parking has been deemed as adequate for the size and density of the overall development.

G) In terms of the best local traditions of design and finishes, unfortunately there are no examples that could be used to inform the design palette in the area. The site is located between two social housing developments that are simply designed, but are very much of their time. Therefore the proposal will aim to set its own design ethos. The house types proposed are all detached and semi- detached houses of fairly traditional design yet modern and attractive. The following is a description of the housetypes used.

Page 190 Appendices’ 11, 12 & 13

House type A: This is a two storey detached dwelling, 8 metres in height. Finishes include white smooth render, dark grey roof tiles, Upvc guttering and Upvc windows.

House Type A

House type B: This a chalet style detached dwelling with a ridge height of 6.7 metres. Finishes include white smooth render, dark grey roof tiles, Upvc guttering and Upvc windows.

Page 191 Appendices’ 11, 12 & 13

House type C: This is a two storey detached dwelling, 9m in height.. Finishes include red brick, dark grey roof tiles, Upvc guttering and Upvc windows.

House Type C

House Type D: This is a two storey detached dwelling 8.5 metres in height. Finishes include white smooth render, dark grey roof tiles, Upvc guttering and Upvc windows.

Page 192 Appendices’ 11, 12 & 13

House Type E: This is a two storey semi-detached dwelling block, 9m high (per dwelling). Finishes include red brick, dark grey roof tiles, Upvc guttering and Upvc windows.

House Type E

H) The design and layout does not conflict with the adjacent uses as the proposal is for housing and the surrounding area consists of existing housing and associated open space. The site abounds existing developments on its eastern boundary. The dwelling type along the affected boundaries are A B D and E type dwellings. They are two storey housetypes, with an acceptable level of separation from the adjoining developments. All the dwellings will back onto the existing development with the exception of 4 units, two of which are gable to gable with the existing development, one of which is gable ended to open space. With the last dwelling, a chalet type B, its overlooking elevation has three ground floor windows and one upper bedroom window on the gable, with a separation from gable to rear of the existing dwelling at 12.5 rising to 15.5 metres at its closest points. The levels between the dwellings are comparative with both having a drop of 1 metre traversing the width of the site. Planning consider that this is acceptable and that there are no unacceptable overlooking issues. Due to the separation there should be no unacceptable loss of light and overshadowing. As stated earlier in this report this proposal is adjacent to existing residential, and therefore there should be no unacceptable noise disturbance.

Page 193 Appendices’ 11, 12 & 13

I) The layout with its urban block form creates an outward looking development that restricts the amount of hidden areas and unsupervised spaces. All the open areas are overlooked by frontages from the proposed dwellings. The laneways and play parks all have substantial front facing elevations. Therefore in summary it is considered that all three applications have met the above criteria A to I of PPS 7.

PPS 8 Open space, Sport and Outdoor Recreation. Policy OS 2 defines the requirement for open space and sets out the policies for the protection of open space, the provision of new areas of open space in association with residential development.

Under Policy OS2 the site has exceeded the required 10% open space requirement and dispersed it throughout the layout (see PPS7 consideration). In addition as the site has proposed over 100 units (albeit by three different applications) there is a requirement for an equipped children’s play area. This area is within the largest open space area in the centre of the site between phase’s 1 and 3. This is an acceptable location as it is within reasonable walking distance of the proposed dwellings and located within a supervised square.

Photo of supervised open space and play area.

Having considered the layout in light of PPS8, it is considered that this policy has been met.

10. Conclusion and Recommendation The proposal is considered acceptable in that it is in accordance with the DAP 2011 and other material considerations. Specifically, the proposal is within the development limits and is of appropriate size and character for this settlement it also meets the criteria of QD1 of PPS 7 in that it has been

Page 194 Appendices’ 11, 12 & 13 demonstrated a quality residential environment can be achieved. There will be adequate provision of open space in accordance with PPS 7 and PPS 8; provision of infrastructure works in accordance with PPS 3, sewerage and land drainage in accordance with PPS 15; all of which are supported through the SPPS for NI. Other material considerations have also been taken into account, including the representation received, and overall they support an approval of the application.

Aerial photo of site (the dark green T shaped fields on right of picture)

It is therefore recommended that the Council’s Planning Committee approve planning permission for the three applications for the proposed development subject to conditions set out below;

11. Proposed Conditions

Similar conditions are proposed for each permission subject to their tailoring to reflect their specific drawings and features, broadly as follows: 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. Prior to the commencement of any other site works, all existing trees to be retained. A protective barrier, 2.3 metres high and comprising a vertical and horizontal framework of scaffolding, well braced to resist impacts and securely supporting weldmesh panels shall be erected around the base of all trees to be retained on site. These works shall be undertaken before any

Page 195 Appendices’ 11, 12 & 13 equipment, machinery or materials are brought on to the site for the purposes of the development and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed in any area fenced in accordance with this condition and the ground levels within these areas shall not be altered, nor shall any excavation be made or any other works carried out, or fires lit without the prior written consent of the Council. All works shall be to BS 5837 2012 standards.

Reason: To ensure the health and viability of the trees protected by a Tree Preservation Order of trees and other vegetation to be retained and to ensure the continuity of amenity afforded by existing trees.

3. Prior to the occupation of any of the dwellings hereby approved, the developer shall provide the proposed public open space and all peripheral planting as indicated on the approved plan, (as per the relevant planning application). The trees indicated within plots shall be planted during the first available planting season after the occupation of any dwelling on the plot. These trees shall be retained and maintained by the owner of the plot and the condition referring to such retention and maintenance shall be placed as a condition of the sale of the plot. All hard and soft landscaping works shown on the approved plans shall be carried out in accordance with the approved details and the appropriate British Standard or other recognised Codes of Practice.

4. The open space areas referred to in condition 3 shall be managed and maintained in accordance with the agreed management schedule date stamped (as per the relevant planning application).

5. Prior to the occupation of each individual dwelling hereby approved, the boundary treatment defining each curtilage shall be constructed as detailed on drawing No (as per the relevant planning application) Bearing the date stamp 07/01/16.

Page 196 Appendices’ 11, 12 & 13

Reason: To ensure that boundary treatments are provided in a timely manner to assist in the provision of a quality residential environment in accordance with the Planning Authority’s PPS 7 (Quality Residential Environments).

6. 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.10 rev 03 bearing the date stamp 18 December 2015

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.

7. The access gradient(s) to the dwelling(s) hereby permitted shall not exceed 8% (1 in 12.5) over the first 5 m outside the road boundary. Where the vehicular access crosses footway, the access gradient shall be between 4% (1 in 25) maximum and 2.5% (1 in 40) minimum and shall be formed so that there is no abrupt change of slope along the footway.

REASON: To ensure there is a satisfactory means of access in the interests of road safety and the convenience of road users.

8. No dwelling(s) shall be occupied until that part of the service road which provides access to it has been constructed to base course; the final wearing course shall be applied on the completion of each phase.

REASON: To ensure the orderly development of the site and the road works necessary to provide satisfactory access to each dwelling

9. Notwithstanding the provisions of the Planning (General Development) (Northern Ireland) Order 1993, no buildings, walls or fences shall be erected, nor hedges, nor formal rows of trees grown in (verges/service strips) determined for adoption.

REASON: To ensure adequate visibility in the interests of road safety and the convenience of road users and to prevent damage or obstruction to services.

Page 197 Appendices’ 11, 12 & 13

10. A suitable buffer of at least 10 metres must be maintained between the location of all construction works including refuelling, storage of oil/fuel, concrete mixing and washing areas, storage of machinery/material/spoil etc. and the watercourse adjacent to the south eastern edge of the red line boundary only on Phase 3 of the development.

Reason: To negate any indirect adverse effects on the River Faughan and Tributaries SAC.

11. Storm drainage of the site, during construction and operational phases, must be designed to the principles of the Sustainable Drainage Systems (SuDS) in order to prevent the polluting effects of storm water on aquatic environments. Construction of SuDS should comply with the design and construction standards as set out in The SuDS Manual – Construction Industry Research and Information Association (CIRIA) Report C697.

Reason: To negate any indirect adverse effects on the River Faughan and Tributaries SAC.

12. All surface water run-off during the construction phase shall be directed away from the watercourse adjacent to the south eastern edge of the red line boundary only on Phase 3 of the development.

Reason: To negate any indirect adverse effects on the River Faughan and Tributaries SAC.

Page 198 Agenda Item 9

Item/Min Ref: Title of Report: Officer presenting: 9 Planning Appeals Principal Planning Officer

Author: Principal Planning Officer

1 Purpose of Report/Recommendations

1.1 To appraise members on planning appeals currently in the system following the transfer of planning functions to this Council on 1st April 2015. A background table is enclosed showing recent decisions and the current status of any live appeals.

2 Background

2.1 The Planning (2011 Act) (Commencement No.3) and (Transitional Provisions) Order 2015 sets out transitional provisions for a number of the planning functions carried out by the Department prior to the transfer of the majority of functions to local government on 1st April 2015. Paragraph 3 applies to appeals against a relevant decision or determination of the Department under the 1991 Order (or any order or regulations made under the 1991 order) which was made prior to the transfer date. The transitional provisions state that any appeal made to the Planning Appeals Commission before the transfer date (1st April 2015) and has not been decided by that date by the Planning Appeals Commission, then for the purposes of the appeal the relevant decision shall be treated as if it has been made by the appropriate Council. It goes on to state that if an appeal has not been made to the Planning Appeals Commission by 1st April 2015, but the time limit prescribed in the 1991 Order for making such an appeal has not expired before the transfer date, again the relevant decision shall be treated as if it has made by the appropriate Council. 3 Key Issues

3.1 Members are advised that two new appeals have been received by this Council since the last update was issued to the Planning Committee on the 29th June 2016. The appellants have submitted an appeal to the Planning Appeals Commission and in accordance with transition provisions the council is now defending both appeals on the grounds stated below:

Page 199 a) J/2013/0295/F Appellant Michael - McCrossan Proposed agricultural shed and retrospective underground slurry collection chamber at land adjacent to and west of 24A Evish Road, Strabane.

b) J/2013/0086/F Appellant - Mr. Alan Lecky Proposed 225kw wind turbine (hub height 30m) to serve dwelling and farm with spillage to grid at lands 250m West of 35 Garvetagh Road, Castlederg

3.2 The council has also been notified of the re-hearing details in relation to Altgolan wind farm. This follows the JR of the PAC’s decision to dismiss the appeal following a hearing conducted by DOE, details of which were presented to members at the 18th May 2016 (Item 10) and the 8th June 2016 (Item 10 & Appendix 13) planning committees.

4 Financial and Other Implications

4.1 The issues of the award of costs in the event of an appeal is now an important issue for Council. However paragraph 3 (5) of The Planning (2011 Act)(Commencement No.3) and (Transitional Provisions) Order 2015, states that for an appeal made to PAC against relevant decisions or determinations of the Department under the 1991 Order before the date of transfer (1st April 2015), the award of costs shall not apply.

5 Recommendations

5.1 That you note the recommendation to defend the refusal reasons as outlined above.

Background Papers

Table 1 – List of Live Appeals and Decisions

Page 200 Table 1 – Current status of recent appeals

Reference PAC Appeal Type Proposal Location Applicant Appeal Status Number reference 1. A/2011/0453/F 2012/A0131 Against DOE Residential Lands located Lynwood Homes Interim decision to refuse Development, with immediately Ltd consideration has access onto West of the been given by the Whitehouse Road, but junction between PAC which relates with potential for Buncrana Road to a Section 76 future connectivity into and Whitehouse Agreement remainder of H2 Zoned Road Derry between the Land (Derry Area Plan With frontages appellant and 2011) onto Buncrana Council. An Road and agreement is Whitehouse Road currently being opposite negotiated.

Page 201 Page entrance to Whitehouse Park. 2 A/2013/0012/F 2014/A0193 Against DOE Construction of 2no. Faustina Retail Metric Income Appeal decision to refuse retail units and general Park Plus Limited withdrawn. site works. 35 Buncrana Partnership 10th May 2016 Road County Londonderry. 3 A/2014/0290/F 2014/A0218 Appeal against 225kw wind turbine 250m north east James Appeal dismissed. DOE decision to with a rotor diameter of of 16 Eden Road McGaughey 21st January refuse 29 m and hub height of Park 2015. 40m 4 J/2013/0187/F 2014/A0180 Non The proposed Gortnagross Seagronan Appeal hearing Determination development consists Townland Windfarm Ltd. postponed as of the erection of 3 no. Magherakeel further wind turbines with a Townland and Environmental base to blade tip height Meenamullan Information of up to 110m as an Townland submitted by extension to the Killeter Appellant. PAC Table 1 – Current status of recent appeals

consented Seegronan Strabane District will contact the Wind Farm (Planning Co Tyrone. Council in due Application Ref. course to arrange J/2006/0883/F). The further date for development will also appeal. include turbine bases, wind turbine transformers located externally, turbine hardstands, new site entrance off Meenamullan Road, strengthening and Page 202 Page widening of and existing on-site track and the construction of new on-site track, on site drainage works and new drainage management measures, and underground electrical and communications cables linking the proposed turbines with the consented Seegronan Wind Farm, and all associated works and ancillary developments. 5 J/2013/0032/F 2015/A0061 Against DOE Erection of a wind Approx 460m Mr G Rankin Appeal dismissed decision to turbine (250kw max) south west of 18th January 2015 Refuse with a tower height of Ballybeeny Road 31m & Tamnabrady Table 1 – Current status of recent appeals

Road Junction, Bready, Strabane

6 J/2012/0390/F 2015/A0029 Against DOE Enabling works relating Old Bridge Road Tyrone Sand and Appeal dismissed decision to to J/2011/0272/F and Victoria Bridge Gravel 23/05/2016 Refuse retrospective permission to retain settlement ponds, stockpiles of gravel, and other associated works 7 J/2011/0272/F 2015/A0028 Against DOE Westerly extension Old Bridge Road Tyrone Sand and Appeal adjourned decision to (retrospective) to Victoria Bridge Gravel Meeting held Refuse existing sand pit and with PAC proposed proximate 07/04/2016.

Page 203 Page south-western Appellant to extension to existing pit provide to provide for notification to extraction of sand and PAC that they gravel, and full accept EIA restoration of site. determination Works also include: and if agreed, will retrospective retention need to submit of mobile washing Environmental plant, crushing plant Statement and mobile screener, removal of unauthorised static washing plant, replacement of unauthorised office with new office block, new toilet block, realignment of internal Table 1 – Current status of recent appeals

haul roads and staff parking. 8 A/2015/0083/F 2015/A0136 Against Council Retention of existing Approx 60m Mr Nigel Mc Appeal dismissed decision to farm shed to serve North East of 33 Closkey 9th May 2016 Refuse existing farm business Muldonagh Road, Claudy, BT474EH 9 J/2013/0276/F 2015/A0130 Against Council Erection of a wind Approx 950m Mr John McCrea Appeal dismissed decision to turbine (max output North of 24 22nd February Refuse 250kw) with a hub Donagheady 2016 height of 41m in Road, Bready, substitution for Strabane (access development approved onto Ballybeeney through J/2011/0063/F Road) Page 204 Page 10 J/2012/0116/F 2015/A0084 Against DOE Proposed 250kw wind 375m North of 42 Mr Dessie Appeal dismissed decision to turbine - hub height Ballybeeny Road, McCrea 8th March 2016 Refuse 44m to service farm Bready with surplus to grid 11 J/2013/0317/F 2015/A0180 Against Council Proposed wind turbine Approximately Mr Jason Appeal dismissed decision to in substitution for that 370m South of Browne 20th May 2016 Refuse. approved through No. 16 application Drumeagle Road J/2010/0450/F. Max Sion Mills Co. hub height of 40.5m Tyrone and a max rotor diameter of 39m. The proposed machine has a rated generating capacity of up to 500kW however this will be restricted to ensure a maximum output which does not exceed 250kW. Table 1 – Current status of recent appeals

12 A/2014/0112/F 2015/A0168 Appeal against 14 passing bays in Slaghtmanus and Renewable Statement of Council decision adopted highways lands Craigatoke Road, Energy Systems Case to be to refuse. with the express Slaghtmanus, Ltd submitted to PAC purpose of facilitating near Claudy, Co for 28th October construction of the Londonderry 2016. proposed Barr Cregg Informal Hearing Wind Farm scheduled for (A/2012/0401/F) 23rd November 2016. 13 A/2014/0114/F 2015/A0169 Appeal against Additional on-site Barr Cregg Wind Renewable Statement of Council decision access track associated Farm in the Energy Systems Case to be to refuse. with the proposed Barr townlands of Barr Ltd submitted to PAC Cregg Wind Farm Cregg, for 28th October (A/2012/0401/F) Ballymaclanigan 2016.

Page 205 Page and Slaghtmanus, Informal Hearing near Claudy, Co. scheduled for Londonderry 23rd November 2016. 14 A/2012/0401/F 2015/A0102 Appeal against Wind Farm comprising Townlands of Renewable Statement of Council decision seven turbines Barr Cregg, Energy Systems Case to be to refuse. (maximum height Ballymaclanigan Ltd submitted to PAC 125m) and associated and Slaghtmanus, for 28th October infrastructure including near Claudy, 2016. hard standing pads for County Informal Hearing crane erection, an Londonderry scheduled for upgraded site entrance, 23rd November new and upgraded on- 2016. site access tracks, an on-site substation and control building, underground cables, two temporary monitoring masts, a Table 1 – Current status of recent appeals

permanent meteorological mast, a temporary construction compound, a temporary enabling works compound and road widening and improvement works on sections of the transport route. 15 J/2005/0446/F 2015/A0167 Appeal against Materials Recovery 76 Strabane Mr Gordon Appeal allowed conditions Facility and Waste Road, Thompson 2nd June 2016 attached to Transfer Station, vary Newtownstewart, Page 206 Page approval (Council conditions 2,3,5,6,8,12 Co Tyrone decision) and non-compliance conditions 7,8,10,11 and 13 16 J/2012/0335/F 2015/A0220 Appeal against Erection of a single 300m North of 23 Mrs K Nixon Appeal Dismissed council decision wind turbine up to Folliard Rd, 11 July 2016 to refuse. 250kw with a max Ballyfolliard, tower height of up to Castlederg, Co 40m and a max blade Tyrone dia of up to 30m for auto production and farm diversification, comprising proposed amended entrance and new access track of 4m wide, turbine assembly area, NIE kiosk and all ancillary works. 17 A/2010/0010/CA 2015/E0054 Appeal against Unauthorised change of Land at Buncrana Mr L Creggan Statement of councils use of the said land to a Road, Shantallow, Case submitted Table 1 – Current status of recent appeals

Enforcement builders storage yard Londonderry Hearing Notice Scheduled for 8 September 2016

18 J/2015/0025/F 2015/A0251 Appeal against Proposed installation of Lands 458m Mr R Davis Awaiting Decision council decision a wind turbine on a North East of 25 to refuse. tubular tower of up to Carrigullin Road, 50m(to hub height) Edymore, with blades up to 77m Strabane, Co. (to tip height) Tyrone 19 J/2015/0041/F 2016/A0024 Appeal against Proposed regularisation Lands at No.42 Mr Thompson Awaiting Decision conditions of 500kw anaerobic Deerpark Road, attached to digestion (AD) plant Newtownstewart, councils planning previously approved, Co. Tyrone

Page 207 Page approval. additional European Waste Catalogue codes contained within the AD quality protocol, and other ancillary site works: appeal against conditions relating to noise and odour and restricting delivery and removal times. 20 J/2013/0295/F 2016/A0091 Appeal against Proposed agricultural Land adjacent to Michael Awaiting council decision shed and retrospective and west of 24A McCrossan Submission date to refuse. underground slurry Evish Road, collection chamber Strabane 21 J/2013/0086/F 2016/A0097 Appeal against Proposed 225kw wind 250m West of 35 Mr Alan Lecky Awaiting council decision turbine (hub height Garvetagh Road, Submission date to refuse. 30m) to serve dwelling Castlederg and farm with spillage to grid Table 1 – Current status of recent appeals

22 J/2006/0840/F 2012/A0070 Re-hearing Amendment to Altgolan TD & Altgolan Statement of following the JR proposed windfarm Meenclogher TD, Windfarm Ltd Case to be of PAC’s decision application to include Killen, Castlederg, submitted to PAC to dismiss the amended layout and a Strabane. for 17th October appeal reduction from 13 no. 2016. wind turbines with Informal Hearing tubular steel towers scheduled for 9 and composite fibre November 2016. rotor blades to 7 turbines with a maximum base to blade-tip height of 125 m (tower height 80m Page 208 Page and blade diameter of 90m). The development will also include wind turbine transformers located internally or underground, turbine hardstands, strengthening and widening of an existing site entrance, strengthening and widening of any existing access roads, new on- site access roads, drainage, electrical control building, communications antennae on control building; underground electrical cables linking Table 1 – Current status of recent appeals

the turbines with the electrical control building, underground communication cables, all related site works, drainage management measures and ancillary developments including silt traps and side drains to be installed along the access tracks and hardstands. Page 209 Page This page is intentionally left blank Agenda Item 10

Item/Min Ref:Title of Report: Officer presenting: Update on Status of H2 Housing Lands Head of Planning 10 at Buncrana Road, Derry

1 Purpose of Report/Recommendations 1.1 To update Members on the ownership and application status of the various lands comprising the H2 Housing Zoning, as identified in the Derry Area Plan 2011.

2 Background 2.1 Members will recall that a paper was presented to the meeting of the Planning Committee on 4th November 2015 (Item 13, ‘for information’) entitled ‘Delivery of Infrastructure for Housing Developments through Section 76 Planning Agreements.’ That paper outlined the purpose and scope of Section 76 Agreements and advised that a draft (Section 76 / Article 40) Agreement had been prepared for some time for this major housing site at H2. 2.2 A further paper was presented to the meeting of the Planning Committee on 6th January 2016 (Item 15, ‘for information’) entitled ‘Update on Status of H2 Housing Lands at Buncrana Road, Derry’. The paper advised that there was a longstanding outline planning application (A/2006/0441/O) for approx. 3,000 dwellings, local community facilities, open space, access routes, drainage and other infrastructure. The applicant was Covergold Properties Ltd, Crumley Construction Ltd and L & B (No 86) Ltd, as well as a P2 Certificate C Notice of Ownership served on DRD Roads Service. The agent was Pragma Planning Ltd. The paper summarised the complicated ownership of the H2 lands, the reasons for the recent slow progress in concluding the application(s) and the Planning Agreement. It was noted that there may now be ‘some movement’ regarding the ownership of the main lands so it might be best to wait and see if the ongoing application / agreement could be progressed. 2.3 A paper was presented to the meeting of the Planning Committee on 29th June 2016 (Item 10, ‘for decision’) agreeing a mechanism for Planning officials to take actions to ‘conclude’ the major / key planning applications (including H2) within a short timescale. 2.4 At the recent meeting on 29th June 2016, the Planning Committee requested that a further update report be brought to the September Committee meeting, particularly concerning the current status of the housing applications and land ownership of this H2 Housing Zoning; hence this paper provides an update on the current status.

3 Key Issues

Page 211 3.1 Over recent months, a new / prospective owner of the main H2 lands has made contact with Planning officials and has engaged the existing planning agent, with an intention of progressing the current Planning Application (DOE Ref A/2006/0441/O) and draft section 76 Planning Agreement. They have been advised that new application forms, re-advertisement, consultations, amended plans and additional environmental information will be required, so it is likely that a new planning application will now need to be submitted to the Council. The draft Section 76 Agreement will also need to be reviewed and progressed to completion. Discussions are current and ongoing. 3.2 Negotiations are also still ongoing regarding the draft Section 76 Planning Agreement relating to the development by Lynwood Homes on part of this H2 site. Of particular issue is the mechanism for agreeing fair payment of this developer towards the overall infrastructural and neighbourhood facilities of the comprehensive H2 development.

4 Financial, Equality, Legal, HR and Other Implications 4.1 There are considered to be no financial, equality, HR or other implications to this paper.

5 Recommendations 5.1 That Members note the content of this paper.

Background Papers

None

Page 212 Agenda Item 11 Item/Min Title of Report: Engagement between Officer presenting: Ref: District Councils and Historic Environment Division Author: Principal Planning Item 11 Officer (Acting)

1 Purpose of Report/Recommendations

1.1 To advise Members of a letter to Derry City and Strabane District Council from the Director of Historic Environment Division (HED) regarding the new Historic Environment Planning Consultation Guidance and Planning Services and Standards Framework.

2 Background

2.1 The Director of Historic Environment Division wrote to Derry City and Strabane District Council’s Chief Executive on 16 June 2016. The letter is to advise Council of the new Historic Environment Planning Consultation Guidance and Planning Services and Standards Framework.

3 Key Issues

3.1 On 9 May 2016, Historic Environment Division (HED) moved into the new Department for Communities and advise that they can now provide issue the new Historic Environment Planning Consultation Guidance and also the Planning Services and Standards Framework. The links to the Documents are as follows and these have been forwarded to the relevant Planning teams within Council.

 www.communities-ni.gov.uk/publications/guide-consulting-hed-development- management-applications  www.communities-ni.gov.uk/publications/our-planning-services-and-standards- framework

3.2 The letter also states that in the last two months, HED have also continued to work closely with Councils on a range of matters, including commenting on emerging development plan material, responding as a statutory consultee to planning applications, meeting Councils on request and preparing guidance on Historic Buildings of Local Interest. HED welcome opportunities to engage, in support of their work to realise the value of the historic environment.

Page 213 4 Financial, Equality, Legal, HR and Other Implications

There are considered to be no financial, equality, HR and other implications in taking this matter forward.

5 Recommendations

That Members note the content of this paper and the attached Appendix 14.

Background Papers

Appendix 14 – Correspondence from Historic Environment Division

Page 214 Item 11 - Appendix 14

Page 215 This page is intentionally left blank Agenda Item 12 Item/Min Title of Report: Notification of Officer presenting: Ref: NILGA Planning Training Events for Elected Members Author: Principal Planning Item 12 Officer (Acting)

1 Purpose of Report/Recommendations

1.1 To advise Members of an email to the Head of Planning from NILGA regarding forthcoming planning training events for elected Members.

2 Background

2.1 On 24 August 2016 the Heads of Planning received an e mail from NILGA advising of forthcoming planning training events for elected Members. The e mail advises that some of the details are still being finalised and full agendas for the first three events will be issued as soon as possible, the agenda for the fourth event to be forwarded closer to Christmas. An attachment with the e mail titled NILGA Events, Planning in Councils, “Refresher” Series for Councillors is attached at Appendix 15.

3 Key Issues

3.1 NILGA are running a short series of training events for elected Members on key issues. They have given advance notice to the Heads of Planning by e mail on 24 August and requested that this be brought to the attention of elected Members. The training events are as detailed below:

1. Elected Members and the Planning Committee 25th October 2016, 10.00am – 12.30pm, Craigavon Civic Centre.

2. The Councillor role in the development Plan process 22nd November 2016, 10.00am – 12.30pm, Glenavon Hotel Cookstown.

3. Councillors and the Planning Appeals Commission 13th December 2016, 10.00am – 12.30pm Antrim Civic Centre

4. Working with Developers and Agents Date and Venue to be confirmed 2017

Page 217 4 Financial, Equality, Legal, HR and Other Implications

There are considered to be no financial, equality, HR and other implications in taking this matter forward.

5 Recommendations

5.1 That Members note the content of this paper and the attached Appendix 15. Planning Committee Members are encouraged to avail of any opportunities for training and focus on planning issues.

Background Papers

Appendix 15 – NILGA Events, Planning in Councils, “Refresher” Series for Councillors

Page 218 Item 12 - Appendix 15

Page 219 Page 220 Page 221 Page 222 Page 223 This page is intentionally left blank Derry and Strabane Date Decision Decision Reference Number Applicant Name & Address Location Proposal Decision Date Issued Between 418 and 420 Mr and Mrs Thomas O'Neill C/O Glenshane Road Claudy L- Proposed single storey dwelling Permission A/2014/0138/F Agent Derry. with attached garage. Granted 7/26/2016 7/27/2016 Extinguish the adopted footpath Robert Thompson Richmond and parking. Create a compound Chambers The Diamond Adjacent to 37a Bracken Park for the shop and revise the roads Permission A/2014/0225/F Londonderry BT48 6Qp Londonderry layout Refused 7/22/2016 7/22/2016 Lands approximately 390 Proposed wind turbine 50 metres Renewable Partnerships C/o metres east of 55 Rushall Road to hub and with blade diameter of Permission

Page 225 Page A/2014/0515/F Agent Londonderry BT47 3UG 54 metres Refused 7/5/2016 7/7/2016 Approximately 570 metres south east of 55 Rushall Road Wind turbine 50 metres to hub and Permission A/2014/0516/F Renewable Partnerships Londonderry. with blade diameter of 54 metres Refused 7/5/2016 7/7/2016 45m south of 54 Kilnappy Road Single storey replacement Permission A/2014/0531/O J Hegarty Campsie dwelling (amended description) Granted 7/18/2016 7/18/2016

Mr P Donaghy 62 Muldonagh Approx 1000m North of 62 Erection of a single wind turbine Permission A/2014/0548/F Road Claudy BT47 4EJ Muldonagh Road Claudy with hub height of 46m Granted 7/22/2016 7/22/2016 225kw wind turbine on a 33m

Proposed 225kw wind turbine tower with 29m blades providing Agenda Item 13 Denis Crossan c/o 2020 529m south of 35 Terrydreen electricity to the farm with excess Permission A/2014/0566/F Architects Road Feeny into the grid. Granted 7/8/2016 7/14/2016 Lands adjacent to 95 Fincairn Permission A/2014/0618/O Rosemary Leinster Road Drumahoe Site for traditional farm dwelling Granted 7/19/2016 7/20/2016 Ilex Urban Regeneration To rear of Building No. 70 Company Exchange House Parade Ground Ebrington Queens Quay Londonderry Barracks Limavady Road Retention of temporary gas tank & Permission A/2015/0053/F BT48 7AS Londonderry enclosure Granted 7/7/2016 7/11/2016 Lands to the North West of 122 Mr F Burke C/O MKA Planning Old Clooney Road and South of Ltd 32 Clooney Terrace Derry No's 8 and 10 Longfield Road Site for cluster dwelling in line with Permission A/2015/0165/O BT47 6AR Eglinton policy CTY2A of PPS21 Granted 7/8/2016 7/11/2016 To install an Archimedes Screw turbine on the tailrace of the fish Mr Brian Johnston Ardnaveigh farm to recover energy from the 39 Corgary Road Castlederg 260m NW of 24 Bunderg Road Permission spent water and reduce the carbon J/2011/0191/F BT81 7YF Lisnatunny Newtownstewart Refused 7/20/2016 7/22/2016 footprint of the fish farm Harry Johnston Ardnaveigh 39 Corgary Trout Farm 39 Corgary Install an Archimedes screw Corgary Road Castlederg BT81 Road Ardarver Castlederg BT81 turbine to produce renewable Permission J/2011/0192/F 7YF 7YF energy(73 KW) Refused 7/20/2016 7/22/2016 Erection of a 225kw wind turbine with 30m hub height and a 29.1m Mr Derek Reaney 36 Glenelly 318m NE of 112 Ligford Road Permission Page 226 Page blade diameter (amended J/2012/0111/F Road Plumbridge BT79 8BG Plumbridge description of proposal) Refused 7/27/2016 7/28/2016 Proposed 250kw wind turbine (Max hub height 41m and max rotor Mr Raymond Pollock c/o IWCM Approx 1090m East of 29 diameter 39m) and associated Permission J/2012/0413/F Ltd Ballybeeny Road Bready ancillary development Refused 7/8/2016 7/11/2016 Single wind turbine (max hub height 41m, max rotor diameter 39m) and associated ancillary equipment. Access is proposed Mr Derek Mc Neely c/o IWCM Ltd Approx 1010m East of 14 Permission via an existing laneway that J/2012/0414/F Ballybeeny Road Bready Refused 7/8/2016 7/11/2016 egresses onto Keery Road. Proposed agricultural shed and Land adjacent to and west of retrospective underground slurry Permission J/2013/0295/F Michael McCrossan C/o Agent 24A Evish Road Strabane collection chamber Refused 7/20/2016 7/22/2016 Proposed wind turbine to replace existing operational turbine (approved under J/2010/0180/F). The proposed turbine shall have a maximum hub height of 40.5m and Approximately 470m south-east a maximum rotor diameter of 39m. Jason Browne C/O IWCM Ltd of no. 76 Peacock Road Sion Access is proposed via am Permission J/2013/0316/F Clondargon Stradone Cavan Mills Co Tyrone existing laneway which egresses Refused 7/18/2016 7/18/2016 onto High Road Partial change of use, alterations Jayne Mitchell 63 Greenville 22A Seein Road Sion Mills and extension of existing dwelling Permission J/2014/0007/F Road Castlederg BT81 7NU Strabane to provide daycare/nursery facilities Granted 7/6/2016 7/7/2016 Proposed 250kw wind turbine with Mr & Mrs McShane C/O Shane 475m North of 130 Moorlough 30m hub height to serve farm with J/2014/0166/F Birney Architects Road Artigarvan surplus to grid. DEF 2/24/2015 7/7/2016 Proposed 250kw wind turbine with Mr & Mrs McShane C/O Shane 475m North of 130 Moorlough 30m hub height to serve farm with Permission J/2014/0166/F Birney Architects Road Artigarvan surplus to grid. Refused 7/6/2016 7/7/2016 12 span spur plus 16kva NIE Denise Irvine Carn transformer and 10m of Industrial Estate Portadown 560m north of 90A Park Road underground service cable new Permission J/2014/0171/F BT63 5QJ Strabane BT82 0AN build 11kv Granted 7/7/2016 7/11/2016 Site adjacent to No 5 Gortmonly Permission J/2014/0329/O Mr T Dixon c/o Agent Road Bready BT82 0DS Single storey farm dwelling Granted 7/26/2016 7/27/2016 Proposed single storey plant Page 227 Page 450m nnw of 50 Ballyheather building incorporating batching at Permission J/2015/0030/F Mr Donnelly C/o Agent Road Strabane rear and storage. Granted 7/6/2016 7/7/2016 Mr Ian McKelvey 8 Old Castle Road Newtownstewart BT78 Site 30m east of 49 Shannony Proposed dwelling and domestic Permission LA11/2015/0008/F 4HX Road Douglas Bridge garage Granted 7/19/2016 7/25/2016

Site between 9 and 11 Bearney Permission LA11/2015/0210/O Mr William McGerrigle c/o Agent Road Strabane Proposed dwelling and garage Granted 7/25/2016 7/26/2016 Construction of 2no broiler poultry 175 metres West of 16 breeding houses with a capacity of Carrigullin Road Strabane Co 40,000 in total and a control Permission LA11/2015/0304/F Gareth Mutch c/o agent Tyrone building (amended proposal). Granted 6/29/2016 7/5/2016

280m North East of 21 Proposed one and half storey Mr John Ogier Head Of Leasing Ballykeery Road Ballykeery domestic Eco dwelling with Al Tayer Group LLC P.O. Box Dunamanagh Strabane domestic garage. Built on existing Permission LA11/2015/0311/F 2623 Dubai, UAE (Amended Site Location) footings. Granted 7/26/2016 7/27/2016

Lands adjacent to 19 Barron Permission LA11/2015/0331/F Mr & Mrs Gamble C/o Agent Road Donemana 2 no rural infill dwellings Granted 6/17/2016 7/7/2016 Mr William Horton 93 Proposed split level dwelling with Cashelmore Park Londonderry 30 Coshquin Road off Buncrana two storey element to the front Permission LA11/2015/0370/F BT48 ORU Road Derry. façade. Granted 7/14/2016 7/18/2016

Two storey extension to existing Kevin Watson Group 18 Main first floor offices and ground floor Permission LA11/2015/0379/F Street Eglinton Bt47 3PQ 18 Main Street Eglinton cafe. Granted 7/1/2016 7/7/2016 Part change of use from existing off-licence and storage area to hot food outlet and retail, provision of external smoking areas to side Ballyorr Inns Limited 77 Victoria and rear of existing public house, Road Newbuildings Villas Bar 77 Victoria Road provision of new entrance porch to Permission LA11/2015/0429/F Londonderry BT472RL Newbuildings. rear and internal alterations. Granted 7/6/2016 7/14/2016 Page 228 Page Aidan Andrew McFarlane 15 Site immediately North East of Proposed dwelling and domestic Permission LA11/2015/0471/F Garden Road Sion Mills 15 Garden Road Sion Mills. garage. Granted 7/26/2016 7/27/2016 Change of use from dwelling to Strabane Community Project Ltd office use and refurbishment of 42 C/O St Patrick's Hall Kennedy 42 Barrack Street Strabane Barrack Street and the creation of Permission LA11/2015/0551/F Street Strabane BT82 8HD BT82 8HD allotments on the land to the rear. Granted 6/23/2016 7/4/2016 New 2 storey dwelling (for the use Vincent & Susan Simone 175B of grand parents) within the Glenshane Road Londonderry 175B Glenshane Road Cross curtilage of an existing 2 storey Permission LA11/2015/0584/O BT47 3EN Co Londonderry BT47 3EN dwelling Granted 7/4/2016 7/7/2016

Mr Andrew McKean 22 Adjacent and 50m south west of Erection of a single storey farm Braehead Road Termonbacca 22 Braehead Road worker's dwelling and domestic Permission LA11/2015/0614/F Londonderry Bt48 9XE Termonbacca Londonderry garage Granted 7/18/2016 7/18/2016

N and R Devine 191 Moorlough Proposed renovation of existing Road Donemana Co Tyrone 110 Lower Main Street terraced dwelling to provide 2 self Permission LA11/2015/0644/F BT82 0RJ Strabane. contained apartments. Granted 7/26/2016 7/28/2016 Ryan & Selena Robb 14 The Approx 40m SE of 41 Barron Permission LA11/2015/0658/RM Oaklands Claudy BT47 4FF Road Dunamanagh Proposed dwelling Granted 6/2/2016 7/18/2016 Erection of 6no Semi-detached Two Storey Dwellings and 2no Thornhill Developments Ltd Unit Site Nos. 1 to 8 (inclusive) Detached Two Storey Dwellings. 12B Pennyburn Business Park Thornhill Park Derry (10m NW & (change of house types within Pennyburn Industrial Estate Opposite nos.7 8 24&25 Permission Planning Permission LA11/2015/0688/F Derry Thornhill Park) Granted 6/29/2016 7/6/2016 A/2007/1259/f) Replacement of two no existing barrel roofed type agricultural sheds with a new duo span portal framed building to carry on a Mr William Russell 29 Deerpark similar agricultural use as existing. Permission LA11/2015/0711/LDP Road Ardstraw BT78 4LD 29 Deerpark Road Ardstraw Footprint and material finishes is Granted 7/8/2016 7/19/2016 2similar storey to side existing/ extension to dwelling Paul Allen 85 Copperthorpe

Page 229 Page to allow study and family room on Drumahoe Londonderry BT47 85 Copperthorpe Drumahoe ground floor with 2 bedrooms and Permission LA11/2015/0717/F 3GS Londonderry BT47 3GS en suite above Granted 7/11/2016 7/14/2016 Replacement two-storey dwelling with separate two-storey work/ playroom accessed via a single- storey ground floor link with Terry Coyle 62 Thornburn Road 21 Springhill Road Londonderry Permission associated external hard and soft LA11/2015/0760/F Newtonabbey Belfast BT367JA BT48 0JT Granted 7/4/2016 7/7/2016 landscaped areas.

City of L'Derry Charitable Trust 1 Carrakeel Road Campsie Lands to Rear of 18 Cloghole Proposed Single Storey Gospel Permission LA11/2015/0789/RM L'Derry Raod L Derry Hall & Associated Parking Granted 7/20/2016 7/22/2016 Proposed play area with steel play equipment, new perimeter railing, Derry City and Strabane District alteration of ground level to create Council 98 Strand Road Derry 204 Lone Moor Road BT48 9LB Permission levelled ground for the play LA11/2015/0794/F BT48 7NN Derry Granted 6/29/2016 7/5/2016 equipment.

100M NE of 30 Essan Road Mr Paul McAleer 30 Essan Road Aghyaran Castlederg BT81 7YN Permission LA11/2015/0796/O Aghyaran Castlederg BT81 7YN Site for dwelling and garage Granted 6/23/2016 7/5/2016 Dr Dan & Mrs R McKenna White White Rose Dental Clinic 7-9 Variation of condition 4 of planning Rose Dental Clinic 7-9 Culmore Culmore Point Road Culmore approval A/2002/0909/O to allow 3 Permission LA11/2016/0084/F Point Road Culmore Derry Derry dentists to use the premises. Granted 7/11/2016 7/14/2016

P Doherty 52 Edenreagh Road 352m SW 236 Tamnaherin Permission LA11/2016/0092/F Eglinton BT47 3NQ Road Eglinton Dwelling and Garage Granted 7/25/2016 7/26/2016 The existing building was erected as a convenience shop unit and associated storage. Since approximately 2005 a portion of the store was converted to a fast food takeaway and has been trading as such since that date. This Page 230 Page Stephen Kerlin 96 Urney Road application is for a certificate of Permission LA11/2016/0101/LDE Castletown Strabane 96 Urney Road Strabane lawfulness for the fast food Granted 7/7/2016 7/8/2016 takeaway portion of the building. Paul Forbes 33 Elm Wood 35 metres northwest of 49 Proposed alternative access to Green Castlederg Tyrone BT81 Ednagee Road Castlederg Co dwelling approved under Permission LA11/2016/0115/F 7GZ Tyrone J/2012/0008/RM Granted 7/20/2016 7/22/2016

Proposed extension of existing Declan Bradley 28 Landahussy 28 Landahussy Road curtilage to incorporate new Permission LA11/2016/0116/F Road Plumbridge Omagh Plumbridge Omagh Co Tyrone domestic garage. Granted 7/20/2016 7/27/2016 Retention of unauthorised change of use from dwelling house to Gary Mullan 5 Kevin Lynch Park 16 Nicholson Terrace Derry house in multiple occupation Permission LA11/2016/0125/F Dungiven BT47 4GZ BT487LW (HMO) Granted 7/28/2016 7/29/2016 620 metres of 11 kv overhead electricity line from 460m SW of 35a Terrydreen Road, Feeny, Londonderry to 100metres NE of SW of 35a Terrydreen Road 35 Terrydreen Road Feeny NIE Networks Ltd Malcolm Steele Feeny Londonderry NE of 35 Londonderry - all works in towland Pennybriidge Industrial Estate Terrydreen Road Feeny of Terrydreen to connect to Wind Permission LA11/2016/0150/F Ballymena BT42 3HB Londonderry turbine to Electricity Network Granted 7/8/2016 7/14/2016 Proposed two storey extension to southwest side of dwelling incorporating study, dining room, extension on ground floor and new bathroom, extension to front Mr & Mrs Paul & Frances Doherty bedroom with ensuite and 39a Glenside Strabane BT82 39a Glenside Strabane BT82 conversion of existing bathroom Permission LA11/2016/0154/F 8PU 8PU into ensuite to serve existing rear Granted 6/29/2016 7/4/2016 bedroom. Duddy Group 5 Strand Road 5 Strand Road L'Derry BT48 7BH Consent LA11/2016/0186/A L'Derry BT48 7BH Replacement shop sign Granted 7/18/2016 7/25/2016

Proposed single storey rear Mrs Josephine Moore 25 25 Rathowen Park Creggan extension incorporating bedroom Permission LA11/2016/0243/F Rathowen Park Creggan Derry and bathroom Granted 6/29/2016 7/5/2016

Page 231 Page Michael Collins 162a Urney Site 120m SE of 160 Urney Proposed two storey dwelling and Permission LA11/2016/0248/F Road Clady Strabane Road Clady domestic garage Granted 7/5/2016 7/7/2016

Eamon McGlinchey Midas Letting Agents Elagh Business Park No. 38 Foyle Street Derry BT48 Consent LA11/2016/0254/A Derry BT48 8QH 6AP Retention of sign Granted 6/23/2016 7/4/2016

Mr Donaghy 53 Terrydreen Lands 70 M NNE of 53 Proposed site for farm dwelling Permission LA11/2016/0298/O Road Feeny Terrydreen Road Feeny and garage Granted 7/25/2016 7/26/2016

N.I.H.E Richmond Chambers Provision of single storey rear The Diamond Londonderry 94 Fergleen Park L'Derry BT48 extension incorporating a w.c and Permission LA11/2016/0307/F BT48 6QP 8LF lobby Granted 6/30/2016 7/4/2016 Change to approve house type presently under construction to Mr & Mrs J Kerr 2 Drumlerry provide single storey rear Culmore Raod Londonderry 4 Willow Tree Lane Culmore Permission extension for elderly relative with LA11/2016/0310/F BT48 8JB Road Derry BT48 8JB Granted 7/6/2016 7/8/2016 reduced mobility Ms Helen Grant 8 Linsfort Drive Single storey kitchen extension to Permission LA11/2016/0314/F Creggan Derry BT48 9TD 8 Linsfort Drive Creggan Derry rear of dwelling. Granted 6/30/2016 7/5/2016 Single storey rear extension with retaining walls to retain raised Tony Donnelly 24 Eastway garden and single storey front Permission LA11/2016/0315/F Gardens Derry BT48 9QB 24 Eastway Gardens Derry extension of porch Granted 6/30/2016 7/4/2016 Change in to the generator to take Western Health & Social Care Altnagelvin Area Hospital Site account of the specific model Consent LA11/2016/0328/NMC Trust C/o Agent Glenshane Road Derry following selection Granted 7/11/2016 7/27/2016 Additional louver to the North Elevation plant room to accommodate the specialist equipment. Additional louver Page 232 Page between louvered doors and louver between grid 14 and 15. Removal of an access door on the West Elevation on grid line 8. Change of glass to the escape door on the West Elevation between grid line 9 and 10 to maintain patient privacy. Additional Altnagelvin Area Hospital louvers on the East Elevation at Western Health And Social Care Glenshane Road Londonderry first floor level between grid lines 6 Consent LA11/2016/0330/NMC Trust C/O Agent BT476SB and 7. Brick vents on the East and Granted 7/4/2016 7/27/2016 ExtendWest Elevations existing site curtilage to allow for the demolition of existing single storey side and rear return Rhona Kennedy 12 Greenhaw and replace with storey and a half Terrace Steelstown Road Derry 12 Greenhaw Terrace extension to side and single storey Permission LA11/2016/0335/F BT48 8EY Steelstown Road Derry kitchen extension to rear of Granted 7/8/2016 7/14/2016 dwelling. William Lindsay 313 Construction of ramp access to Ballycolman Estate Strabane 313 Ballycolman Estate front of dwelling, including Permission LA11/2016/0340/F BT82 9EQ Strabane BT82 9EQ handrails Granted 7/4/2016 7/7/2016 Mr D Downey 27 Drumcraig 27 Drumcraig Road Two storey extension to side and Road Maghermason Maghermason Londonderry rear of dwelling and new front Permission LA11/2016/0348/F Londonderry BT47 2SE BT47 2SE porch Granted 6/30/2016 7/4/2016

John O'Brien 47 Thornhill Park 47 Thornhill Park Ballynagard Permission LA11/2016/0351/F Ballynagard Derry BT48 8PB Derry BT48 8PB Single storey rear extension Granted 6/16/2016 7/5/2016

David Burke 8 Seein Park Sion 8 Seein Park Sion Mills Co Proposed single storey kitchen Permission LA11/2016/0365/F Mills BT82 9JB Tyrone BT82 9JB extension to rear of dwelling Granted 6/24/2016 7/22/2016

Single story rear extension to May McClements 5 Eastbank dwelling and level access ramp to Permission LA11/2016/0368/F Strathfoyle Derry BT47 5 Eastbank Strathfoyle Derry front entrance Granted 7/5/2016 7/7/2016 proposed single storey side

Page 233 Page extension to gable of existing dwelling comprising of family Karen Dunn 37a Upper Galliagh 37A Upper Galliagh Road Elagh Permission room, office/study and games LA11/2016/0378/F Road Elagh Derry BT48 8LW Derry Granted 6/30/2016 7/5/2016 room.

Mr William Oliver 4 Drumnabey Park Spamount Castlederg 4 Drumnabey Park Spamount Bedroom & shower room Permission LA11/2016/0381/F BT81 7PS Castlederg extension to rear of dwelling. Granted 7/1/2016 7/14/2016 Proposed extension to rear of existing dwelling to consist of new Living area, Dining area and new Mr P McCrossan 47 Templeard Permission shower room located in rear of LA11/2016/0382/F Londonderry 47 Templeard Londonderry Granted 7/25/2016 7/26/2016 garage. Conversion of attached garage to David Simpson 5 Drummond granny flat and associated Permission LA11/2016/0404/F Park Derry BT48 8PH 5 Drummond Park Derry. alterations. Granted 7/26/2016 7/26/2016

Mr. S McKinley 70 Copperthorpe 70 Copperthorpe Drumahoe Proposed two storey domestic Permission LA11/2016/0406/F Drumahoe L'Derry BT47 3LT L'Derry garage (play room on 1st floor) Granted 7/14/2016 7/18/2016 Tony & Kevin Gallagher 26 Approx. 40m North West of Oldcastle Road Newtownstewart Oldcastle Road Proposed site for dwelling on a Permission LA11/2016/0407/O Newtownstewart farm Granted 7/25/2016 7/26/2016 Demolition of existing garage and construction of single storey Rosemary McGarrigle 49 bedroom and en suite shower Innisfree Gardens Strabane Permission room to side of house with access LA11/2016/0408/F BT82 8JE 49 Innisfree Gardens Strabane Granted 7/11/2016 7/21/2016 ramp to the front Retention of ground and first floor as house of multiple occupancy Michael Noone 8 Coneyville 5 Fairman Place Londonderry and second floor as separate unit Permission LA11/2016/0430/LDE Culmore Derry BT48 8FW BT487LD of accommodation. Granted 7/7/2016 7/8/2016

John Haughey 38 Drumeen The use of this dwelling as a Road Beragh Sixmilecross House in Multiple Occupation Permission Page 234 Page LA11/2016/0450/LDE BT79 0XG 31 Argyle Street Derry. (HMO) Refused 7/7/2016 7/8/2016

Mr G & M Duffy 28 Talbot Park Two storey side extension to Permission LA11/2016/0455/F Derry BT48 7TA 28 Talbot Park Derry dwelling Granted 7/19/2016 7/20/2016 Demolition of existing single storey rear kitchen extension to provide Mr & Mrs D Burns 49 Kingsfort new rear and side single storey Permission LA11/2016/0468/F Park Derry BT48 7SY 49 Kingsfort Park Derry kitchen extension. Granted 7/20/2016 7/25/2016 The proposal includes a steel frame modular building and link corridor consisting of a single classroom and multi-purpose Greenhaw Primary School Greenhaw Primary School room and a single steel clad Permission LA11/2016/0469/F Carnhill Estate Derry BT48 8BA Carnhill Estate Derry. storage unit located to the rear of Granted 7/26/2016 7/27/2016 the school

Nuala O'Sullivan 17 Culmore Square Culmore Derry BT48 17 Culmore Square Culmore Retention of single storey rear Permission LA11/2016/0470/F 8JB Derry extension to dwelling Granted 7/19/2016 7/20/2016 Application to vary conditions 16, BW Homes and Construction 17, 18, 19 and 20 of full planning LTD Moncreif 19 Main Street consent A/2001/1113/F to allow Permission LA11/2016/0474/F Eglinton BT47 3AB Irish Street L'Derry commencement of development Granted 7/19/2016 7/19/2016 Certificate of Lawfulness for Paul Harley The Three Trees 20 (A & B) Florence Street retention of existing use as two Permission LA11/2016/0549/LDE Donegal Derry~Londonderry self-contained flats Granted 7/7/2016 7/8/2016 Certificate of Lawful Development T & J Rentals Unit 5 Longfield for the retention of extension to Permission LA11/2016/0556/LDE Induatrial Estate Eglinton 1 Eden Terrace Derry. dwelling as built Granted 7/20/2016 7/20/2016 Demolition of existing buildings (except Nazareth House Listed Building) and development of 32 no new build dwellings in a mixture of semi-detached, terrace and apartments and the refurbishment of Nazareth House Choice Housing Ireland Choice to provide 24 no CAT1 elderly Housing Ireland 37-41 May Nazareth House 174 Bishop apartments with associated LA11/2016/0566/PAN Street Belfast BT1 4DN Street Londonderry Derry landscape area and access onto PANACC 7/8/2016 7/8/2016

Page 235 Page Foyle park and Bishop Street. This page is intentionally left blank Derry and Strabane Date Decision Decision Reference Number Applicant Name & Address Location Proposal Decision Date Issued Self catering accommodation (in Claudy Rural Development Ltd lieu of planning approval Shay Clyde C/o The Diamond A/2008/0209/RM) Centre 630 Barnailt Road Single storey unit of self catering Claudy Co. Londonderry BT47 Land Adjacent to Cregg Mills accommodation in lieu of planning Permission A/2013/0152/F 4EA Cottage Cregg Road Claudy approval A/2008/0209/RM Refused 12/22/2014 8/26/2016 Self catering accommodation (in Claudy Rural Development Ltd lieu of planning approval Shay Clyde C/o The Diamond A/2008/0209/RM) Centre 630 Barnailt Road Single storey unit of self catering Page 237 Page Claudy Co. Londonderry BT47 Land Adjacent to Cregg Mills accommodation in lieu of planning Permission A/2013/0152/F 4EA Cottage Cregg Road Claudy approval A/2008/0209/RM Refused 8/25/2016 8/26/2016 Claudy Rural Development Ltd C/o The Diamond Centre 630 Single storey unit of self catering Barnailt Road Claudy BT47 4CA Land adjacent to Cregg Mills accommodation in lieu of planning Permission A/2013/0153/F Cottage Cregg Road Claudy approval A/2008/0208/RM Refused 12/22/2014 8/26/2016 Claudy Rural Development Ltd C/o The Diamond Centre 630 Single storey unit of self catering Barnailt Road Claudy BT47 4CA Land adjacent to Cregg Mills accommodation in lieu of planning Permission A/2013/0153/F Cottage Cregg Road Claudy approval A/2008/0208/RM Refused 8/25/2016 8/26/2016 Erection of two storey extension to HMO to provide additional 27 Princes Street Derry BT48 bedrooms and kitchen space and Permission A/2014/0585/F Ryan McElhinney Co/ Agent 7EZ ground floor amenity space Granted 8/12/2016 8/17/2016

Mr Bernard McCullagh C/O Strategic Planning 1 Pavillions Approximately 310M SSW of 35 Erection of single wind turbine with Office Park Kinnegar Drive Terrydreen Road Claudy a 40M hub height and 27M blade Permission A/2015/0166/F Holywood BT18 9JQ BT47 4TH length Refused 8/25/2016 8/26/2016 L W Surphlis & Son 31 Drumlegagh Church Road 31 Drumlegagh Church Road Retention of meal store to provide Drumlegagh Newtownstewart Drumlegagh Newtownstewart additional bulk storage bays - as Permission J/2013/0004/F BT78 4HF BT78 4HF built Refused 8/24/2016 8/26/2016 Erection of a 250kw wind turbine with a tower height of 31m, blade Approx 410m NE of 106 Ligford span of 30m to provide power to Permission J/2013/0022/F Rose Lynch C/o Agent Road Plumbridge existing farm and excess to grid Refused 8/30/2016 8/31/2016 Proposed installation of a wind turbine on tubular tower of up to Lands 557m south west of 35 30m (to hub height) with blades up Permission J/2013/0258/F Anita McShane C/o Agent Barron Road Dunnamanagh to 44.5m (to tip height) Refused 8/18/2016 8/19/2016

Mr Gareth McNeill 121 Bigwood Approx 310m north of 121 Erection of a 250kw wind turbine Permission

Page 238 Page J/2013/0313/F Road Strabane Bigwood Road Strabane with a tower height of 40m Refused 8/23/2016 8/24/2016

Roddy Farms Ltd 61 Corramore Road Cranagh Omagh BT79 61 Corramore Road Cranagh Permission J/2014/0014/F 8LZ Omagh BT79 8LZ Retention of existing farm building Refused 8/22/2016 8/24/2016 Erection of food waste reception building and control building for Evergreen Natural Energy Ltd anaerobic digester (Workshop, 26 Deerpark Road store, plant room and control room) Newtownstewart Co Tyrone 200m NW of 26 Deerpark Permission (amendment to planning J/2014/0111/F BT78 4LA Road Newtownstewart Granted 8/10/2016 8/12/2016 application J/2011/0118/F) Veronica Kelly 8 Old Castle Site 80m south of 38 Road Newtownstewart BT78 4HX Loughash Road Donemana Proposed dwelling and domestic Permission J/2014/0125/F Co Tyrone garage Refused 8/3/2016 8/10/2016 Approx 470m SE of 172 225Kw wind turbine (total height Dunnyboe Road 44.95m) laneway and 2 no Permission J/2014/0272/F Mr John Quigley c/o agent Dunamanagh electricity cabinets Refused 8/25/2016 8/26/2016 Adjacent to and SE of No 11 Mr R Muldoon 11 Grove Road Grove Road Castlederg BT81 Permission J/2014/0327/F Castlederg BT81 7JJ 7JJ New access. Granted 8/30/2016 8/31/2016

Gap site betweek 85 and 87 Permission J/2014/0330/O Mr Malachy Gallagher c/o agent Curlyhill Road Strabane New dwelling and garage. Granted 8/10/2016 8/10/2016 Erection of a wind turbine - 30m hub height with 14.55m blades, Lands 285m North of 194 associated access and 2 no. Permission J/2014/0336/F N Deehan c/o agent Berryhill Road Donemana electricity cabinets Refused 8/26/2016 8/31/2016

Derek Jack C/O Strategic Approx 600M NNE of 24 Erection of a single wind turbine - Planning 1 Pavillions Office Park Crumlin Road Dunamanagh 30M hub height and 16.5M blades, Kinnegar Drive Holywood BT18 Strabane County Tyrone BT82 associated access and 2 No Permission J/2015/0065/F 9JQ 0PU electricity cabinets Refused 8/18/2016 8/19/2016

Liam O'Neill C/O Strategic Approximately 932M NNE of 19 Erection of a single wind turbine Planning 1 Pavillions Office Park Cavancreagh Road with a 30M hub height and 16.5M Kinnegar Drive Holywood BT18 Dunnamanagh Strabane blade length, associated laneway Permission J/2015/0066/F 9JQ County Tyrone BT82 0LS and 2No. electricity cabinets Refused 8/18/2016 8/24/2016

Michael and Mary Crossan 3 Sidmouth Close Coventry CV2 Approx. 120m South East of Erection of one and a half storey Permission Page 239 Page LA11/2015/0280/F 3LT No. 55 Ballyrory Road Claudy. dwelling (change of house type) Granted 8/12/2016 8/16/2016

Single storey lean to rear return Shipquay Nautral Health Clinic (Amendment to previous approval Consent LA11/2015/0322/LBC 6 Shipquay Street Derry 6 Shipquay Street Derry reference A/2014/0504/F) Granted 8/11/2016 8/12/2016

Single storey lean to rear return Shipquay Natural Health Clinic (Amendment to previous approval Permission LA11/2015/0323/F 6 Shipquay Street Derry 6 Shipquay Street Derry. reference A/2014/0504/F) Granted 8/11/2016 8/12/2016 Partial demolition of existing arcade to front of existing building replacement of existing cladding HJS Developments Ltd The Former Longs Retail and installation of new parapet to Kennedy Centre 564-568 Falls Development 11 Melmount front façade, designation of car Permission LA11/2015/0349/F Road Belfast BT11 9AE Road Strabane. parking spaces within existing Granted 8/26/2016 8/30/2016 carpark.Erection of a freestand restaurant with associated drive thru, car parking, landscaping and McDonald's Restaurants Ltd 11- Land at junction of Railway associated works. Installation of 59 High Road East finchley Street and Park Road Permission 2no. COD with associated LA11/2015/0423/F N28AW Strabane Co. Tyrone. Granted 8/12/2016 8/16/2016 canopies and external play area. McDonalds Restaurants Ltd 11- Land at junction of Railway 59 High Road East Finchley N2 Street and Park Road Consent LA11/2015/0424/A 8AW Strabane Installation of 1no. totem sign Granted 8/12/2016 8/16/2016

McDonalds Restaurants Ltd 11- Land at junction of Railway 59 High Road East Finchley Street and Park Road Consent LA11/2015/0425/A N28AW Strabane Co. Tyrone. 7no fascia signs. Granted 8/12/2016 8/16/2016 Various site signage to include 1no gateway, 9no freestanding signs, McDonalds Restaurants Ltd 11- Land at Railway Street and 1no side by side directional, 15no 59 High Road East Finchley Park Road Strabane Co Consent dot signs and 2no double sided LA11/2015/0426/A N28AW Tyrone. Granted 8/12/2016 8/30/2016 banner units. New 1400x1400x100mm powder coated aluminium framed sign with central Perspex to be internally

Page 240 Page illuminated. Sign to be to Royal Mail standards containing "Customer Royal Mail Group 31 Great Services Point" wording and Royal James Street Londonderry 31 Great James Street Mail logo. Colour: Royal Mail red. By LA11/2015/0706/A BT48 7BE Londonderry BT48 7BE Hawkes Signs CR 8/5/2016 8/10/2016 First floor extension to rear of dwelling and above existing garage Jonathan & Tanza Lecky 81 81 Lettercarn Road plus construction of integral Lettercarn Road Castlederg Castlederg Co Tyrone BT81 Permission domestic store with en-suite and LA11/2015/0723/F BT81 7RA 7RA Granted 8/23/2016 8/31/2016 store above DAMIEN O'HAGAN 12 TULLYMORE ROAD 12 TULLYMORE ROAD Change of use from part of existing CURRYNIERIN L'DERRY BT47 CURRYNIERIN L'DERRY BT47 supermarket store to hot food take Permission LA11/2015/0781/F 3DQ 3DQ away Granted 8/8/2016 8/9/2016

Gary Miller 28 Foyle Crescent 28 Foyle crescent Proposed 2 storey side and rear Permission LA11/2015/0808/F Londonderry newbuildings Londonderry extension to dwelling Granted 8/4/2016 8/9/2016

Mr & Mrs Quigley 12 Harberton Park Waterside Londonderry 12 Harberton Park Waterside Proposed single storey rear Permission LA11/2016/0011/F BT47 2NB Londonderry BT47 2NB extension for sunroom Granted 8/3/2016 8/16/2016 Creggan Enterprises Ltd Rathmore Shopping Centre Change of use from part of first Rathmore Shopping Centre Rathmore Business Park floor offices to GP surgery including Rathmore Business Pk Derry Blighs Lane Creggan Derry ground floor extension for access Permission LA11/2016/0042/F City BT48 0LZ N. Ireland BT48 0LZ purposes Granted 8/15/2016 8/23/2016

Mr Mark O'Hagan 84 Ligford 84 Ligford Road Cruckaclady Extension and alterations to Permission LA11/2016/0058/F Road Cruckaclady Plumbridge Plumbridge dwelling Granted 8/10/2016 8/24/2016

Paul & Jenny McKernan 15 Kirlish Road Drumquin Tyrone 26 Ballymullarty Road Lisnafin Erection of single storey Permission LA11/2016/0062/F BT78 4PY Newtownstewart BT78 4NP replacement dwelling Granted 8/12/2016 8/17/2016

Page 241 Page Adjacent to 1 Temple Road KDY Properties 17A Corrody Maydown Derry (Former Site for 2no. detached two storey Permission LA11/2016/0064/O Road Waterside Derry Temple B&B) dwellings Granted 8/11/2016 8/16/2016

Site Opposite 76 Mountfield Kerlin Cathal 37 Willowcraft Road Claudy Co Derry BT47 Erection of single storey dwelling Permission LA11/2016/0066/RM Feeny Derry BT47 4GD 4HD and detached garage Granted 8/4/2016 8/9/2016

G Hutton 16 Troy Park Shantallow Londonderry BT48 16 Troy Park Culmore Road Erection of two bedroom dormer Permission LA11/2016/0103/O 7RL Londonderry BT487RL bungalow to rear garden Refused 8/10/2016 8/16/2016 Strabane Training Services Unit Change of use from Industrial 2 STS Business Business Park STS Business Park Units to Child Daycare facility, Ballycolman Industrial Estate Ballycolman Insutrial Estate including outdoor paly area and Permission LA11/2016/0158/F Strabane BT82 9PH Strabane parking. Granted 8/10/2016 8/12/2016 Realignment of access approved under single wind turbine application A/2011/0492/F and Craig Campbell 135 Fincairn Approx 165m SW 135 Fincairn erection of 2no. electricity cabinets Permission LA11/2016/0161/F Road Drumahoe Londonderry Road at base of approved turbine Granted 8/8/2016 8/10/2016 Sharon Harkin 10 Winchester 10 Winchester Park Kilfennan Single storey side and rear Permission LA11/2016/0167/F Park Kilfennan Derry Derry extension to dwelling. Granted 7/28/2016 8/1/2016

Glenava Ltd Site Office Change of house design on sites Tullyardan Square Ardan Road Tullyardan Square Ardan 18, 19 & 20 Tullyardan Square, Permission LA11/2016/0173/F Culmore BT48 8GT Road Derry Ardan Road, Culmore, Derry Granted 7/28/2016 8/9/2016

Mr Andrew Shannon 4 Demolition of existing house and Ballyarton Road Donemana 4 Ballyarton Road Donemana replacement with a new 4 bedroom Permission LA11/2016/0176/F BT82 0PX Co. Tyrone dwelling house. Granted 8/8/2016 8/11/2016

Rosalind Gillard 52 Clooney 52 Clooney Terrace L'Derry Consent Page 242 Page LA11/2016/0182/A Terrace L'Derry BT47 1AP BT47 1AP Replacement shop sign Granted 5/12/2016 8/2/2016 Proposed change of use to day nursery, external alterations to the building including provision of Arnold House Waterside lobby area and erection of 1.2 Clear Day Nurseries 153-173 Centre 6 Glendermott Road Permission metre high fence along boundary to LA11/2016/0200/F Boden Street Belfast BT12 5QA Londonderry Granted 8/16/2016 8/23/2016 Glendermott Road

Mr Samuel Scott Residential Caravan adjacent 46 Monnaboy Adjacent to 46 Monnaboy Road Road Monehanegan Eglinton Monehanegan Eglinton BT47 Permission LA11/2016/0201/F BT47 3HP 3HP Retention of residential caravan Granted 7/26/2016 8/19/2016

William Faith Peattie Inverbervie Montrose Angus Lands 70 M South of 18 Proposed one and a half storey Permission LA11/2016/0219/F Scotland DD10 0PP Ballygudden Road Eglinton dwelling and detached garage Granted 7/25/2016 8/2/2016

Eamon McGlinchey Midas Letting Agents Elagh Business Proposed change of use from A1 Permission LA11/2016/0255/F Park Derry BT48 8QH 38 Foyle Street Derry. shop to A2 professional services Granted 8/11/2016 8/30/2016 Mr & Mrs Joe McCann Ling Ling House 173 Slieveboy House 173 Slieveboy Road Road Claudy Co. Proposed replacement Permission LA11/2016/0261/F Claudy Londonderry BT47 4AS Londonderry outbuildings/agricultural shed Granted 8/1/2016 8/2/2016

Re-positioning of front door and Ellen Mc Dermott 1 Ballyvolman 1 Ballycolman Avenue frame, building access ramp with Permission LA11/2016/0265/F Ave Strabane BT82 9AF Strabane BT82 9AF associated rails and hard standing. Granted 6/21/2016 8/11/2016

Mr & Mrs Joe McCann Ling House 173 Slieveboy Road Ling House 173 Slieveboy Proposed replacement Consent LA11/2016/0273/LBC Claudy Londonderry BT47 4AS Road Claudy Londonderry outbuildings/agricultural shed. Granted 8/1/2016 8/2/2016

Mark & Rachel McBride 6 2 storey side extension to dwelling Page 243 Page Lisneal Knightsbridge Derry 6 Lisneal Knightsbridge Derry to allow living room and 2 Permission LA11/2016/0277/F BT47 6FD bedrooms above. Granted 6/24/2016 8/2/2016

K McCrossan 1 Erne Gardens Permission LA11/2016/0305/F Londonderry 1 Erne Gardens Londonderry Single storey side extension Granted 8/4/2016 8/9/2016

Northern Ireland Housing Executive Richmond Chambers Provision of single storey rear The Diamond Londonderry 31 Glenvale Road L'Derry extension incorporating a W.C and Permission LA11/2016/0306/F BT48 6QP BT48 0BQ lobby Granted 8/4/2016 8/10/2016

N.I.H.E. Richmond Chambers The Diamond Londonderry Existing kitchen to be extended in a Permission LA11/2016/0308/F BT48 6QP 75 Benview Estate L'Derry single storey extension. Granted 8/4/2016 8/10/2016

N.I.H.E. Richmond Chambers Provision Ground floor single The Diamond Londonderry storey rear extension incorporating Permission LA11/2016/0309/F BT48 6QP 48 Benview Estate L'Derry a w.c. and lobby Granted 8/4/2016 8/10/2016 Single storey front extension to provide bedroom, shower room and ramped covered vehicle Anna Lee 20 Belt Road No. 20 Belt Road Waterside Permission access. Two new ground floor LA11/2016/0322/F Waterside Derry BT47 2LW Derry BT47 2LW Granted 8/12/2016 8/17/2016 windows to existing side gable

Gerard McGonagle 619a Renovations to existing 2 storey Barnailt Road Claudy Co Derry 619a Barnailt Road Claudy Co dwelling including 2 storey Permission LA11/2016/0333/F BT47 4EA Derry extension and ancillary works Granted 8/22/2016 8/24/2016

Gordon McMorris 23 Richill Park Proposed rear single storey kitchen Kilfennan Londonderry BT47 23 Richill Park Kilfennan extension and attic conversion to Permission LA11/2016/0343/F 5QY Londonderry BT47 5QY existing detached dwelling Granted 8/4/2016 8/9/2016

N.I.H.E Richmond Chambers Provision of ground floor rear Page 244 Page The Diamond Londonderry extension incorporating a single Permission LA11/2016/0345/F BT48 6QP 39 Holymount Park. L'Derry bedroom, shower room and lobby. Granted 8/9/2016 8/11/2016

Perpetua McNamee 63 Bunderg 66 Bunderg Road Douglas Road Douglas Bridge Strabane Bridge Strabane Co Tyrone Non Material change to windows Consent LA11/2016/0360/NMC BT82 8QQ BT82 8QQ approved under J/2010/0268/F Granted 8/5/2016 8/16/2016 Proposed attic conversion to single Mr and Mrs Boyd 96 Duncastle 96 Duncastle Park storey dwelling (first floor gable and Park Newbuildings L'Derry Newbuildings L'Derry BT47 rear dormer windows) and single Permission LA11/2016/0362/F BT47 2QL 2QL storey detached garage Granted 8/5/2016 8/19/2016

Mr and Mrs McParland 9 Lisdale Mews Maydown Londonderry Two storey side extension to Permission LA11/2016/0370/F BT47 6SP 7 Lisdale Mews Londonderry dwelling Granted 8/18/2016 8/24/2016

David Cooke 18 Longlands Road Donemana Strabane 18 Longland Road Donemana Single storey side extension Permission LA11/2016/0377/F BT82 0PQ Strabane (conservatory) Granted 7/29/2016 8/9/2016 Mr & Mrs Darren Henderson 25 Single storey side extension to Gelvin Grange Altnagelvin Derry- 25 Gelvin Grange Altnagelvin accommodate open plan kitchen- Permission LA11/2016/0385/F Londonderry BT47 2LD Derry-Londonderry living-dining Granted 8/5/2016 8/9/2016

Building extension for bay window Ciaran Griffin 7 Macniece Close 7 Macniece Close and provide canopy over at front of Permission LA11/2016/0386/LDP Ballymagroarty Derry BT48 0QZ Ballymagroarty Derry house Refused 8/23/2016 8/30/2016

Stephen Lafferty 5 Cluney 5 Cluney Gardens Clady Single storey extension to rear of Permission LA11/2016/0388/F Gardens Clady Strabane Strabane dwelling Granted 7/29/2016 8/16/2016

David Hampton 16 Towncastle 16 Towncastle Road Strabane Proposed extension to rear of Permission

Page 245 Page LA11/2016/0394/F Road Strabane dwelling Granted 7/27/2016 8/1/2016

William McCready 8 Nixons Proposed single storey detached Permission LA11/2016/0401/F Corner L'Derry BT47 6BE 8 Nixons Corner Derry garage Granted 8/2/2016 8/8/2016

Rosena O'Doherty 34 Rose Court Gobnascale Derry BT47 No. 34 Rose Court Single store rear extension to Permission LA11/2016/0418/F 2DU Gobnascale Derry BT47 2DU provide disability toilet Granted 8/3/2016 8/9/2016

Proposed single storey rear Mr & Mrs Leonard 26 Mourne extension to facilitate ground floor Permission LA11/2016/0420/F Drive Londonderry 26 Mourne Drive Londonderry living Granted 7/20/2016 8/9/2016

Proposed alterations and two David Walker 65 Rossdowney 67 Rossdowney Road storey extension to South East Permission LA11/2016/0421/F Road Londonderry BT47 6ST Londonderry BT47 6ST facing elevation of dwelling Granted 8/4/2016 8/9/2016

S Lynch 37 Rabstown Road Approx. 35M South West of No Proposed site for dwelling and Permission LA11/2016/0424/RM Clady Strabane BT82 9RB 78A Orchard Road Sion Mills garage Granted 8/16/2016 8/31/2016 Minor amendments to originally approved elevation design as per Nigel Sproule 22-26 Carlisle 22-26 Carlisle Road Derry discussion under pre application Consent LA11/2016/0425/NMC Road Derry BT48 6JW BT48 6JW discussion LA11/2015/0773/PAD Granted 8/2/2016 8/11/2016 Proposed site for dwelling on a Aiden Devine 38 Carrickayne Site adjacent to 38 Carrickayne farm under planning policy - CTY Permission LA11/2016/0428/F Road Claudy BT47 4JW Road Claudy BT474JW 10 Granted 8/31/2016 8/31/2016 Proposed single storey side, front Mr McCorkell 22 Drum Road porch and front extension to Permission LA11/2016/0434/F L'Derry 22 Drum Road L'Derry dwelling Granted 8/22/2016 8/24/2016 Single storey bedroom/shower Mr Gerard McGillion 15 room extension to rear of dwelling Newtownkennedy Street 15 Newtownkennedy Street & provision of ramp to front for Permission LA11/2016/0441/F Strabane BT82 8HT Strabane disabled person Granted 7/21/2016 8/15/2016 Proposed permanent retention of

Page 246 Page house in multiple occupation (HMO) Temporary permission (3 John Haughey 38 Drumeen year) for house in multiple Road Beragh Six Mile Cross occupation granted by PAC Permission LA11/2016/0446/F BT79 0XG 29 Argyle Street Derry decision 2007/A055 expired Granted 7/29/2016 8/2/2016 Extension1/3/2012 to rear of public house to provide ladies toilet accommodation and additional public bar/lounge area, Internal Mr David Doherty 23-25 Main 23-25 Main Street Castlederg Permission alterations to provide gents and LA11/2016/0447/F Street Castlederg BT81 7AS BT81 7AS Granted 8/9/2016 8/12/2016 accessible wc Change to external lighting specification. Approved external lighting - 2 no 240V GU10 Stainless Steel IP65 Adjustable Halogen Wall Light Amended external lighting - 2 no 240V GU10 Mr Ben French 1 Canada 12-14 The Diamond anodised aluminium IP54 Consent LA11/2016/0451/NMC Square London E14 5AB Londonderry. adjustable wall light. Granted 7/27/2016 8/11/2016

Lands 60 metres north east of Gary Lynch 21 Clon Road No. 100 Edenreagh Road Site for dwelling on a farm holding Permission LA11/2016/0453/O Tamnaherin Eglinton Eglinton L'Derry under policy CTY 10 of PPS 21 Granted 8/24/2016 8/31/2016 Longs Supermarket Ltd Enagh Crescent Maydown Industrial 8 8A and 10 Main Street Consent LA11/2016/0465/A Estate Derry Eglinton Shop Sign Granted 8/5/2016 8/9/2016 Refurbishment of existing hotel bedrooms to relocate the bar/informal dining area from ground floor to basement and provision of new external patio. Patsy O'Kane And Seamus Work includes removal of modern Donnelly Beech Hill Country Beech Hill Country House 32 stud partition walls and the House 32 Ardmore Road Derry Ardmore Road Derry BT47 extension of 2no window openings Consent LA11/2016/0473/LBC BT47 3QP 3QP to form doors to external south Granted 8/25/2016 8/31/2016 facing patio.

Padraig Kelly 23 Tulacorr 23 Tulacorr Heights Strabane Sunroom to rear of detached Permission LA11/2016/0481/F Heights Strabane BT82 8RD BT82 8RD house. Granted 7/29/2016 8/9/2016 Page 247 Page Proposed 2 storey extension to rear Mr Colin Hamilton 26 Listymore 26 Listymore Road and side of existing dwelling with Permission LA11/2016/0484/F Road Castlederg BT81 7JH Castlederg. attached drive trough area to rear. Granted 8/2/2016 8/4/2016

Proposed 5 no new windows to Spencer Road Developments rear elevation of call centre Permission LA11/2016/0491/F 99 - 115 Spencer Road Derry 99 - 115 Spencer Road Derry building. Granted 8/9/2016 8/11/2016 Ardstraw Presbyterian Youth Council Co Mr Edward Single storey extension and Stevenson Secretary 25 Ardstraw Presbyterian Church boundary retaining wall to Brocklis Road Strabane BT82 Hall 6 Deerpark Road southern side of existing Church Permission LA11/2016/0493/F 9LZ Ardstraw. Hall Granted 8/12/2016 8/16/2016 Rear extension to dwelling to form part 2 storey and part single storey extension to dwelling to replace existing 2 storey rear return to provide kitchen and dining room on Mr & Mrs James Quigley 2 2 Aberfoyle Crescent South ground floor and bedroom and Permission LA11/2016/0494/F Aberfoyle Crescent South Derry Derry City bathroom to 1st floor Granted 8/25/2016 8/31/2016 Gerard Gallagher 20 Woodlee 20 Woodlee Culmore Derry First floor side extension over Permission LA11/2016/0499/F Culmore Derry BT48 8GA BT48 8GA garage Granted 8/4/2016 8/9/2016

Charlie Mullan 10 Harberton 10 Harberton Park Altnagelvin Alteration and extension to existing Permission LA11/2016/0509/F Park Derry BT47 2NB Derry BT47 2NB dwelling Granted 8/18/2016 8/24/2016

Brian Harkin 86 Brookview Glen Permission LA11/2016/0512/F Eglinton BT47 3GW 86 Brookview Glen Eglinton First floor extension Granted 8/2/2016 8/11/2016 Full application for material change of use to include the relocation of Patsy O'Kane & Seamous the existing hotel bar / informal Donnelly Beech Hill Counrty dining area from ground floor to House 32 Ardmore Road Derry. Beech Hill Country House 32 Permission Page 248 Page basement and provision of new LA11/2016/0514/F BT47 3QP Ardmore Road Derry. Granted 8/26/2016 8/30/2016 external patio.

William Curran 50 Rathlin Gardens Creggan Derry BT48 50 Rathlin Gardens Creggan Rear & side single storey extension Permission LA11/2016/0516/F 9UE Derry for shower room and bedroom Granted 8/4/2016 8/10/2016

Grace McCallion 8 Rathlin Drive 8 Rathlin Drive Creggan Derry Side single storey extension for Permission LA11/2016/0519/F Creggan Derry BT48 9RR shower room & bedroom Granted 8/31/2016 8/31/2016

Gerald Treacy 145 Carnhill Permission LA11/2016/0524/F Derry BT47 8BG 145 Carnhill Derry Single storey extension Granted 8/4/2016 8/10/2016

Satpal Singh 59 Woodbrook 59 Woodbrook Derry BT48 8FQ Permission LA11/2016/0531/F Derry BT48 8FQ Side two storey extension Granted 8/11/2016 8/19/2016 Illuminated signage to replace existing Replacement vinyl ASDA Stores LTD South Bank ASDA Strabane Superstore 2 overlays Replacement mounted Great Wilson Street Leeds LS11 Branch Road Strabane BT82 panels and twin post panels Totem Consent LA11/2016/0533/A 5AD 8EQ reclad Granted 8/16/2016 8/31/2016 Single storey rear extension, to provide bedroom and shower Robert White 7 Roe Gardens 7 Roe Gardens Derry room, acess ramp and hand rails Permission LA11/2016/0539/F Derry BT472HT BT472HT to front. Granted 8/31/2016 8/31/2016 Single storey rear and side extension to provide bedroom and Anna Gilmore 26 Malin Gardens shower room. Ramped access and Permission LA11/2016/0543/F Creggan Derry BT48 8NH 26 Malin Gardens. Derry handrails to side. Granted 8/18/2016 8/23/2016

James Deeney 27 Ballyrory Front and side ramped access and Permission LA11/2016/0545/F Road Claudy BT47 4AW 27 Ballyrory Road Claudy hardstand for car Granted 8/11/2016 8/15/2016

Niamh Gormley 239 Ivy Mead Proposed single storey rear Permission LA11/2016/0551/F L'Derry 239 Ivy Mead L'Derry extension Granted 7/29/2016 8/9/2016

Page 249 Page Mr Frank Gallen 70 Cavan Road 70 Cavan Road Castlederg En-Suites extension to side of Permission LA11/2016/0554/F Castlederg BT81 7AU Co Tyrone BT81 7UA existing dwelling Granted 8/10/2016 8/15/2016

George O'Neill 125 Lettershendoney Ave Drumahoe 125 Lettershendoney Avenue Single storey rear extension and Permission LA11/2016/0560/F Derry BT47 3JA Drumahoe Derry BT47 3JA front level access Granted 8/25/2016 8/31/2016

Northern Ireland Housing Executive Richmond Chambers 39 Inishowen Gardens Provision of ground floor extension The Diamond Londonderry Londonderry Co Londonderry to rear incorporating shower room Permission LA11/2016/0571/F BT48 6QP BT48 9NW and lobby Granted 8/18/2016 8/24/2016

N.I.H.E Richmond Chambers Provision of ground floor extension The Diamond Londonderry 8 Beechwood Park Strathfoyle to rear incorporating a shower Permission LA11/2016/0572/F BT48 6QP Co L'Derry BT47 6XD room and lobby Granted 8/22/2016 8/24/2016 Construction of single storey /ground floor extention to provide bedroom , single storey /ground floor extention to front to provide porch,minor internal alterations , N.I.H.E Richmond Chambers 170 Westway Londonderry co construction of ramped accessto Permission LA11/2016/0574/F The Diamond Derry BT48 6QP Londonderry BT489NU side, rear & recon figure site, Granted 8/22/2016 8/24/2016 pedestrian access. David Barr 27 Northland Drive Proposed ramp access to front of Permission LA11/2016/0588/F Londonderry No. 27 Northland Drive Derry dwelling Granted 8/11/2016 8/15/2016 Demolition of existing rear N.I.H.E Richmond Chambers extension, to be replaced with The Diamond Londonderry single storey rear extension. Permission LA11/2016/0593/F BT48 6QP 17 Roe Gardens Londonderry Ramped access to front. Granted 8/4/2016 8/10/2016 Page 250 Page T.J Morris LRD ( T/A Unit 1 (Former Longs Homebargains) Axis Business Supermarket) Melmount Road Park Portal Way Gilmoss Strabane Co. Tyrone BT82 Consent LA11/2016/0616/A Liverpool L11 0JA 9ED Shop front fascia sign Granted 8/17/2016 8/30/2016

Mr John & Mrs Annie Lynch 15 Altinure Cottages Park BT47 Single storey bedroom extension to Permission LA11/2016/0619/F 4DW 15 Altinure Cottages Claudy side of dwelling Granted 8/18/2016 8/23/2016

Mary Boyle 79 Lettershandoney 79 Lettershandoney Avenue Single storey rear extension for Permission LA11/2016/0620/F Avenue Derry Derry bedroom and shower room Granted 8/18/2016 8/23/2016

Damian & Lisa Bonner 59 Proposed single storey sun room Permission LA11/2016/0621/F Prehen Road Derry 59 Prehen Road extension Granted 8/24/2016 8/31/2016

Karl Doherty 144 Highmoor Single storey side and rear Permission LA11/2016/0623/F Road Derry BT47 144 Highmoor Rd Derry extension to dwelling Granted 8/23/2016 8/24/2016

PRH Construction (NI) Ltd 57 Partial conversion of roof space to Main Street Portglenone BT44 Site 96A Woodside Heights create study - completed June Permission LA11/2016/0651/LDE 8HP Strabane Old Road Derry 2016 Granted 8/15/2016 8/17/2016 PRH Construction NI LTD 57 Partial Conversion of roof space to Main Street Portglenone BT44 Site 96B Woodside Heights create study - completed June Permission LA11/2016/0654/LDE 8HP Strabane Old Road Derry City 2016 Granted 8/15/2016 8/17/2016 Page 251 Page This page is intentionally left blank