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A-2014-0035-Rm

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A-2014-0035-Rm Appendix 7 Derry City and Strabane District Council Planning Committee Report COMMITTEE DATE: 4th December 2019 APPLICATION No: A/2014/0035/RM APPLICATION TYPE: Reserved Matters application PROPOSAL: Residential housing development comprising a mix of detached and semi- detached units (164 in total) with garages. All associated site works including amendment of levels, landscaping, waste water pumping station and off site road works LOCATION: Drumahoe Industrial Estate, Drumahoe Road, Londonderry APPLICANT: Lagmar Properties AGENT: McAdam Stewart Architects ADVERTISEMENT: 5.2.14; 14.10.15; 14.3.18; 10.10.18; 27.3.19; 18.9.19 STATUTORY EXPIRY: 19.2.14; 28.10.15; 28.3.18; 24.10.18; 10.4.19; 02.10.19 RECOMMENDATION: Approve REASON FOR PRESENTATION TO COMMITTEE: Major development - 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 Residential housing development comprising a mix of detached and semi-detached units (164 in total) with garages. All associated site works including amendment of levels, landscaping, waste water pumping station and off site road works. The application was originally submitted for a total of 179 dwellings but the scheme was amended and reduced to 164 units during the processing of the application. Throughout the processing of the application the following reports were submitted; Contamination Reports; Flood Risk Assessments; Appendix 7 Transport Assessment Scoping Study; Drainage Assessments; Environmental Site Assessments; Outline Construction Environmental Management Plan; Otter Reports. Site layout/PSD drawing 2. EIA Determination On receipt of the application, a determination was carried out under Schedule 2 (10) b of the EIA regulations and at that time it was considered an Environmental Statement was not required. The EIA was then reviewed in August 2015 and April 2016. In November 2017 Council re-determined the application under 2017 EIA Regulations category 2 (10)b and determined that an Environmental Statement was required as remedial works on site had taken place i.e. removal of hard surface areas, and Council considered that the proposed development could have likely significant effects on the environment as there was the potential for degradation of the Appendix 7 aquatic environment of the River Faughan and Tributaries SAC/ASSI from contaminated run-off through demolition works on site i.e. breaking of surfaces. An Environmental Statement was then received on 23rd February 2018. An addendum to the ES was received in September 2018 and was an assessment based on works undertaken on site to infill and raise lands proposed for the development. A second ES addendum was received in September 2019 following a request for FEI specifically relating to the inclusion of a Waste Water Pumping Station as part of the development proposal. 3. Habitats Regulation Assessment Shared Environmental Services our environmental advisors have considered this planning application in light of the assessment requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc) Regulations (Northern Ireland) 1995 (as amended) and carried out a Habitats Regulation Assessment. SES advise that having considered the nature, scale, timing, duration and location of the project it is concluded that, provided the mitigation is conditioned in any planning approval, the proposal will not have an adverse effect on site integrity of any European site. See conditions section later in this report. Appendix 7 4. Site and Surrounding Area Site Location Plan The application site is located in Drumahoe and on former industrial lands known as Drumahoe Industrial Estate, on the Drumahoe Road. Currently there are no buildings on site. The site extends 7.68 ha and is bound to the south by Drumahoe Road, to the east by the River Faughan, which is separated from the site by a sheet pile flood defence, and to the west by the residential Ardlough Road. There is open countryside to the north of the site with strong natural boundaries north and west of the site. The boundary with Drumahoe Road also has some strong mature vegetation on the southern boundary of the site. The area is characterised by existing dwellings at Ardlough Road and opposite the site on Drumahoe Road, and existing development along Church Road known as Faughan View Park. A public house is also located opposite the site. Appendix 7 Aerial photograph of site from Spatial NI Application site with dwellings at Ardlough Road in distance Appendix 7 Photograph showing site preparatory material and stock piles Photograph of application site with dwellings at Ardlough Road in distance Appendix 7 Existing sheet pile flood defence wall –preparatory works have taken place on site and material placed adjacent to floodwall. This material is required to be removed as part of the development proposal to provide a maintenance strip to the flood defence and to provide a dark wildlife corridor Photograph of River Faughan SAC/ASSI located adjacent to the eastern boundary of the site Appendix 7 5. Site Constraints River Faughan Area of Special Scientific Interest (ASSI) and Special Area of Conservation (SAC) 6. Neighbour Notification Report Neighbours were notified in January 2014; September 2015; January 2017; March 2018; October 2018; March 2019 and June 2019. The most recent neighbour notification report is below; Date Neighbour Neighbour Address Notified 10 Ardlough Road 06/09/2019 Ardnabrocky Londonderry Londonderry BT47 5SW 11 Ardlough Road 06/09/2019 Ardnabrocky Londonderry BT47 5SW 11 Faughan Crescent 06/09/2019 Drumahoe Londonderry BT47 3LA 12 Ardlough Road 06/09/2019 Ardnabrocky Londonderry Londonderry BT47 5SW 12 Drumahoe Road,Londonderry,Londonderry,BT47 3SD 06/09/2019 12 Faughan Crescent 06/09/2019 Drumahoe Londonderry BT47 3LA 12 Faughan View Park 06/09/2019 Altnagelvin Drumahoe Londonderry BT47 2TA 12 Oak Terrace 06/09/2019 Drumahoe Londonderry BT47 3BY 13 Ardlough Road 06/09/2019 Ardnabrocky Londonderry Londonderry BT47 5SW 13 Faughan Crescent 06/09/2019 Drumahoe Londonderry BT47 3LA Appendix 7 13 Faughan View Park,Drumahoe,Londonderry,BT47 2TA 06/09/2019 14 Ardlough Road,Road,Ardnabrocky,Londonderry,Londonderry,BT47 06/09/2019 5SW, 14 Faughan Crescent 06/09/2019 Drumahoe Londonderry BT47 3LA 14 Faughan View Park,Drumahoe,Londonderry,BT47 2TA 06/09/2019 15 Ardlough Road 06/09/2019 Ardnabrocky Londonderry Londonderry BT47 5SW 15 Faughan View Park,Drumahoe,Londonderry,BT47 2TA 06/09/2019 16 Faughan View Park,Drumahoe,Londonderry,BT47 2TA 06/09/2019 17 Ardlough Road,Londonderry,Londonderry,BT47 5SW 06/09/2019 17 Faughan View Park,Drumahoe,Londonderry,BT47 2TA 06/09/2019 20 Dalys Brae,Brookmount,Londonderry,Londonderry,BT47 5AD 06/09/2019 21 Dalys Brae,Brookmount,Londonderry,Londonderry,BT47 5AD 06/09/2019 22 Faughan View Park,Drumahoe,Londonderry,BT47 2TA 06/09/2019 23 Faughan Crescent 06/09/2019 Drumahoe Londonderry BT47 3LA 23 Faughan View Park,Drumahoe,Londonderry,BT47 2TA 06/09/2019 24 Faughan Crescent 06/09/2019 Drumahoe Londonderry BT47 3LA 24 Faughan View Park,Drumahoe,Londonderry,BT47 2TA 06/09/2019 25 Faughan Crescent 06/09/2019 Drumahoe Londonderry BT47 3LA 26 Faughan Crescent 06/09/2019 Drumahoe Londonderry BT47 3LA 26 Faughan View Park,Drumahoe,Londonderry,BT47 2TA 06/09/2019 27 Faughan Crescent 06/09/2019 Drumahoe Londonderry BT47 3LA 28 Faughan Crescent 06/09/2019 Drumahoe Londonderry BT47 3LA 2 Ardlough Road 06/09/2019 Ardnabrocky Londonderry Londonderry BT47 5SW 2 Church Road,Altnagelvin,Londonderry,Londonderry,BT47 3SE 06/09/2019 Appendix 7 2 Faughan View Park 06/09/2019 Altnagelvin Drumahoe Londonderry BT47 2TA 30 Faughan Crescent 06/09/2019 Drumahoe Londonderry BT47 3LA 31 Faughan Crescent 06/09/2019 Drumahoe Londonderry BT47 3LA 32 Faughan Crescent 06/09/2019 Drumahoe Londonderry BT47 3LA 33 Faughan Crescent 06/09/2019 Drumahoe Londonderry BT47 3LA 34 Faughan Crescent 06/09/2019 Drumahoe Londonderry BT47 3LA 35 Faughan Crescent 06/09/2019 Fincarn Drumahoe Londonderry BT47 3LA 36 Faughan Crescent 06/09/2019 Fincarn Drumahoe Londonderry BT47 3LA 4A Ardlough Road 06/09/2019 Ardnabrocky Londonderry Londonderry BT47 5SW 4 Ardlough Road 06/09/2019 Ardnabrocky Londonderry Londonderry BT47 5SW 5 Ardlough Road 06/09/2019 Ardnabrocky Londonderry Londonderry BT47 5SW 6 Ardlough Road 06/09/2019 Ardnabrocky Londonderry Londonderry BT47 5SW 7 Ardlough Road 06/09/2019 Ardnabrocky Londonderry Londonderry BT47 5SW Appendix 7 7 Drumahoe Road,Londonderry,Londonderry,BT47 3SB 06/09/2019 8 Ardlough Road 06/09/2019 Ardnabrocky Londonderry Londonderry BT47 5SW Faughan Bridge, Presbyterian Church, Drumahoe, Drumahoe Road, 06/09/2019 Londonderry Foyle Daycare, Drumahoe Road, Drumahoe, Londonderry 06/09/2019 Public House, Drumahoe Road, Drumahoe, Londonderry 06/09/2019 20 Campbell Park Avenue,Strandtown,Belfast,Down,BT4 3FH 06/09/2019 7. Relevant Site History Appeal 2008/A0228 – permission was granted by the Planning Appeals Commission, appeal ref 2008/A0228 (A/2005/0997/F) in January 2011 for housing development on the site. The Planning Appeals Commission granted only the principle of developing the site for residential use changing the submitted full application at that time to an outline application as part of the PAC decision. A/2005/0568/F - Proposed local food store with associated car parking. Permission expired 13.2.2014. The development was not commenced. Enforcement LA11/2017/0085/CA – Unauthorised Works Former Drumahoe Industrial Estate. Enforcement Notice served 19th June 2018. Enforcement Appeal 2018/E0024 There was an appeal against an enforcement notice dated 19th June 2018 regarding unauthorised use of land for the deposition of controlled waste causing infilling and raising of land by making a material change of use on said lands at the former Drumahoe Industrial Estate. The Commissioner concluded that a material change of use has not occurred; the material imported onto the site and that originating from the break up and crushing of hard surfaces has been deposited in order to prepare the site for future development.
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