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. The Commissioner also considered that controlled waste has not been deposited on the land. The Commissioner’s decision was that the appeal on ground (b) succeeds and the enforcement notice was quashed.

Appendix 7

8. Policy Framework

RDS 2035 - SFG7 Strengthen the role of Derry 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 - The site is located in Drumahoe on un-zoned land and is within the settlement limit of the city. The previous use on the site was industrial.

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.

Policy ENV 7 Retention of Trees and Hedges and landscape Requirements – Development proposals are expected to take account of existing trees and hedges and provide appropriate landscaping.

Policy ENV 8 The Water Environment – Development which is likely to introduce or increase water pollution to an unacceptable extent or adversely alter water levels in any body of water, watercourse or groundwater will not be permitted.

Policy ENV 9 Development adjacent to Rivers and Open Water Bodies – Development will only be permitted adjacent to major rivers and open water bodies were it can be demonstrated the proposal meets 4 policy tests.

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 apply to the whole of NI and 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.

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. Appendix 7

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.

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.

9. Consultee Responses

DFI Rivers – has considered the submitted Flood Risk Assessments and Drainage Assessment and have no objections from a flood risk/drainage perspective. The proposed levels of the site are increased to above the Q100 flood level. The layout plans (10 rev 11) indicates there will be no loading on the flood defence and clear access and egress at all times to the maintenance strip; DFI Rivers requests that the maintenance strip be protected from impediments (including tree planting, hedges, permanent fencing and sheds), land raising or future unapproved development by way of a planning condition. See conditions section later in this report.

Environmental Health Department Waste Water Pumping Station Environmental Health has considered the Environmental information and ES 2nd addendum in relation to the onsite pumping station. The proposed onsite pumping station has the potential to give rise to noise at the closest properties. EHD have provided a condition relating to Noise ‘Rating Levels’ of the pumping station and a flood lighting informative has also been provided to control/minimise light pollution from a flood light located at the pumping station; and a radon informative. Appendix 7

EHD has also considered the ES 2nd addendum regarding the updated outline CEMP (August 2019), which sets out measures for all works during the construction phase of the development including the WWPS. It concludes that once mitigation measures are implemented the impacts associated with the construction of the WWPS will be negligible. EHD recommends a Noise mitigation condition is imposed on any planning to ensure that the mitigation measures proposed are implemented for the WWPS and the wider site. The ES 2nd addendum indicates in para 4.3 that the proposed WWPS shall be constructed in accordance with the ‘specification for the construction of a waste water pumping station for adoption by NI Water’. The significance of the effects of noise and odour is categorised as neutral. The submitted drawings indicate the nearest proposed dwelling structures are 15m from the proposed WWPS however it is noted that rear amenity space is closer and as such adjacent dwelling amenity space may be impacted on occasions by odour from the proposed WWPS. If the development is to proceed then EHD recommend a condition be imposed to ensure that future arrangements are in place so that the WWPS is maintained in perpetuity and that NI Water is satisfied with the proposed design of the WWPS. See conditions section later in this report. An informative is also recommended so that future occupants of the properties adjacent to the WWPS are aware that there is the potential of odours on occasions.

Piling EHD also advise that should piling for foundations be required then a further assessment of noise should be provided and have provided a condition relating to this.

Working Hours The OCEMP indicates in para 6.66 the site operating hours and a condition has been provided from EHD to be imposed in the event of a planning approval to limit site operating hours due to the proximity of residential development.

Air Quality EHD advise it is expected that any increase in road traffic movements is likely to have minimal impact on the nearest declared Air Quality Management Area at Dales Corner. Environmental Health notes the presence of chimneys on the elevations and would encourage the developer to adopt a sustainable form of heating and ventilation that in particular avoids the use of solid fuel for space heating which in turn will reduce particulate and C02 emissions from dwellings. This will be included as an informative in any decision.

Appendix 7

Contaminated land Environmental Health has also considered the ES addendum; the RSK Environmental Site Assessment and Generic Quantitative Rick Assessment (Feb 16) and an additional Generic Quantitative Risk Assessment - in which 22 trial pits were excavated across the infill material layer with subsequent soil sampling and laboratory analysis carried out. EHD has therefore considered the nature of the imported material and the soil sampling laboratory results and it is concluded that the imported material does not pose an unacceptable risk to future site users with regards to generation of ground gas; asbestos; Petroleum hydrocarbons and Poly – aromatic hydrocarbons (PAH’s). EHD are satisfied that the applicant has provided evidence which indicates the imported material does not pose an unacceptable risk to future site users via direct contact or inhalation pathways. Condition have been provided in the event new contamination be encountered on site. See conditions section later in this report.

Noise and dust In relation to construction site noise and dust EHD raised concern re noise levels at nearby neighbouring properties during construction phase of the development and recommend a condition be attached to any planning approval relating to submission of a Construction Environmental Management Plan and working hours. See conditions section later in this report.

Loughs Agency – has no objection subject to condition. See conditions section later in this report.

Shared Environmental Services – SES has considered the application; Environmental Statement and ES addendums and have 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 mitigation is conditioned in any planning approval, the proposal will not have an adverse effect on site integrity of any European site.

NI Water – Considered the letters of objection and confirmed there are existing external flooding issues within the existing sewerage network in the Church Road / Faughanview Park area. This sub catchment will not serve this proposal, although both sub catchments discharge to Drumahoe Waste Water pumping station for onward pumping to Culmore WWTW. NI Water advise that with respect to water network capacity issues a solution has been agreed between the developer and NI Water which includes the requisitioning of a 225mm dia HPPE water main. Appendix 7

In respect of wastewater network capacity issues NI Water Developer Services has agreed a solution to service the foul sewerage discharge requirements for this proposed development. The solution includes providing a 380m foul pumping main, discharging directly to Drumahoe Waste Water Pumping Station. This requires the developer to provide a pumping station as part of the A161 process and agreement and A154/161 design process. NI confirmed this solution will satisfy the foul sewage discharge requirements for the proposed development. As part of the planning application, the developer has therefore provided a pumping station in the north east corner of the site and details were submitted with the application. NI Water has considered the proposed pumping station and plans submitted and provided a condition advising connection to the public foul sewerage network will not be granted until a solution has been agreed and signed off by NI Water during the Article 154 Sewer Requisition and Article 161 Adoption Process.

Floor plan of proposed pumping station which will be located in the north eastern corner of the site

DFI Roads – has no objections to the proposal and provided conditions. See detailed assessment in PPS 3 section later in this report. Appendix 7

NIEA Natural Heritage and Conservation – NED has considered the Environmental Statement and ES addendums submitted in support of the application. Natural Environment Division (NED) has considered the impacts of the proposal on River Faughan and Tributaries ASSI/SAC designated sites and advises due regard is given by SES to their comments. See SES consultation response and assessment under PPS 2 later in this report.

NED acknowledges foul sewage will be directed to the mains network via a waste water pumping station (WWPS) which is located in the north east corner of the site, as shown on site layout plan 10 rev 11. NED has also considered the ES 2nd Addendum (2.9.19) which considered the environmental impacts associated with the proposed WWPS during the construction and operation stages and consider the impacts on any of the designated site selection features unlikely to be significant.

NED has also considered other impacts on the designated sites and have provided conditions requiring a final construction environmental management plan; discharge of any surface water should be passed through appropriate treatments and condition relating to contamination. See detailed assessment in PPS 2 section later in this report and conditions.

In considering other natural heritage considerations with regard to non-designated natural heritage site features NED is content following review of drawing no 10 rev 11 date stamped 17th May 2019 with the 5m wildlife corridor and dark corridor along the northern and eastern boundaries of the site. NED has also considered an otter survey and notes this is consistent with the NED site visit carried out in 05 February 2015, the development is unlikely to significantly impact the local otter population.

Land Soil and Air - Regulation Unit (RU) Land and Groundwater Team considered ES and addendums with supporting Environmental Site Assessment and Generic Quantitative Risk Assessment submitted following an assessment of the risks associated with the infill at the site. RU has no objections to the development provided conditions and informatives are placed on any planning decision. See conditions section later in this report.

Water Management Unit – has reviewed the Environmental Statement and outline construction Environmental Management Plan (OCEMP) and are generally content but advise that the details outlined must be reflected in a final CEMP to be submitted by the contractor and have provided a condition to this effect. The final CEMP must include method statements for any works near/in the Appendix 7 river to include any headwall discharge point construction, as well as proposals to prevent site runoff from weather events adversely affecting the waterway. The existing steel piled flood defence wall system between the site and the River Faughan to the east will be retained and would/could form part of the defences against pollution migration to the river during construction and operational phases onsite. A final CEMP is required to identify correct/suitable avoidance and mitigation measures have been identified to ensure protection of the water environment. See conditions section later in this report.

WMU has also considered that the proposed development will include a sewage pumping station and advise discharge consent under the Water NI Order 1999 will be required for an ‘emergency overflow’ from the pumping station. WMU also advises if the development incudes excavation of an underground structure (e.g. tanks) depending on the geological setting, the potential exists for the water table to be encountered during these works which may require dewatering to take place. Authorisation may therefore be required under the Water Abstraction and Impoundment (Licensing) Regulations NI 2006. The applicant is referred to standing advice on Abstractions and Impoundments. Discharge of water from a dewatering operation also requires consent to discharge under the Water (NI) Order 1999.

10. Representations

Thirty representations have been received on the application since it was initially submitted in 2014 from properties at Ardlough Road; Faughan Crescent; Oak Terrace Drumahoe; River Faughan Anglers; Hazel Bank Drive; Copperthorpe.

The issues raised in the initial objections received are summarised below:

Access

- Congestion – traffic is already a problem in Drumahoe - Road improvements are required i.e. roundabout or traffic lights at Glenshane Road - Impacts on road network and safety/movement of traffic at junctions of Drumahoe Road / A6 Glenshane Road; Church Road/Church Brae junctions. It is impossible to turn right from Drumahoe Road to Glenshane Road due to fast moving traffic - Roads are unable to cope with the traffic - Pedestrian walkway onto Ardlough Road – could lead to traffic hazard with vehicles stopping to drop off or pick up pedestrians Appendix 7

- Old Drumahoe bridge does not have adequate footpaths on each side of the road.

Amenity

- Proximity of houses to properties on Ardlough Road; requirement for retaining walls. Impacts on existing dwellings, levels etc. - Insufficient screening; impacts on privacy, overlooking, noise - Human Rights Act Protocol 1 Article 1 - Open space area proposed to rear of houses at Ardlough Road will become waste ground, increased rubbish and risk of vermin. Lack of privacy and lack of screening, anti-social behaviour - Pedestrian link – antisocial behaviour, noise, antisocial behaviour. One objector questioned why it is necessary.

Open space / play amenities

- Not enough amenities for children without a further 100+ houses

Sewerage

- There is an existing sewerage problem in Drumahoe without adding 100+ houses

Other issues

- Desmond’s factory site was always an industrial zoning. Houses would remove Drumahoe chances of ever getting industrial up and running again. - Prefer to see quality jobs and infrastructure - Impacts on existing wildlife

Flooding

- The site is floodplain – concerns the floodwall will be breached by River Faughan

Environmental, planning and processing concerns

- Lack of information on portal - Query from RFA regarding the validity of the reserved matters and non-compliance with roads condition of PAC approval Appendix 7

- EIA determination - queries raised; clarification on Y and N on the determination; EIA screening availability on portal; questions why it is not EIA development; - Risk of significant adverse effects to River Faughan - RFA considers DC&SDC is failing in its duty to properly apply the EIA process to the detriment of River Faughan and Tributaries SAC. - Original EIA screening was flawed, it failed to recognise proximity to River Faughan adjacent SAC - EIA review – how it was conducted within the EIA regime - It is not clear from the review how the significant environmental impacts and mitigation measures were understood by the competent authority before ruling out EIA. Flood risk, need to raise site levels, contaminated land issues were not understood at the time. - Unauthorised commencement of works – RFA inspected the site on 15th August 17 were it was evident ground works/preparation had begun; breaking up of hard standing areas as well as importation of materials from outside the site. As there is no permission and therefore no conditions it is not possible for the competent authority to ensure protection of the SAC. - Harm the unauthorised works has caused to the River Faughan and Tributaries SAC. - The site was inundated with flood water when existing flood defences proved inadequate to deal with the flooding event of 22nd August 2017 - Council’s obligations in case-law under EIA and Habitats Directive, both of which are underpinned by the precautionary principle.

Objections received following submission of the Environmental Statement; ES addendums and amended proposal are summarised below;

Access

- Traffic congestion at junctions with Drumahoe Road/Glenshane Road. A6 dual carriageway doesn’t start until outside Drumahoe at the Lismacarol Road junction. - Already issues at peak times. Road improvements should be provided - Pedestrian access from site to Ardlough Road – could lead to noise, anti-social behaviour - No provision for traffic lights for extra traffic onto A6 from Drumahoe Road - Accident black spot area / dangerous. - Muck on roads, dangerous conditions - Major traffic issues with two schools nearby - More housing will add to the problem

Appendix 7

Flooding

- Area is at risk of flooding - Flood event in August 2017 – River Faughan overflowed and the site was flooded. Sever damage to adjacent road, footpath and bridge. - How will prospective residents get insured

Sewerage

- Drumahoe is unable to cope with any more waste - At present there is discharge around the Faughanview play park; smells at the Faughan Bridge - extra housing will exacerbate the problem - After heavy rain raw sewage flows from manholes a Hazelbank Drive and along Fincairn Road, presumably ending up in River Faughan. Additional residential development will exacerbate the problem

Other

- Residential development will not benefit the site, local community or environment - Commercial development would be better suited to the site

Consideration by officers

- The proposal was amended from when it was initially submitted. There are now no dwellings located on the boundary with the existing dwellings at Ardlough Road. Planted amenity space is now proposed between the development and the existing dwellings. Anti-social behaviour has been raised as a concern at the open space and at the pedestrian path, however whilst this is a consideration it is important to note that the houses have been designed to provide supervision onto the amenity area. - DFI Roads were consulted on the objections. No mitigation at off site junctions is required as part of this application. There will be road improvements at the access to the site and also improvements at the junction of Ardlough Road. DFI Roads has considered the traffic impacts associated with the application and have no objection subject to conditions. - Re sewerage – NI water advised during the processing of the application that there were issues within Drumahoe and that capacity checks were required. As part of a solution to deal with and service the sewerage for this proposed development, this requires a foul pumping main discharging directly to Drumahoe waste Water pumping station. It therefore requires the Appendix 7

developer to provide a pumping station within the application site and this now forms part of the proposal, and it is located in the north eastern corner of the site. NI Water has considered the proposed plans and pumping station and have provided a condition stating that connection to the public foul sewerage network will not be granted until a solution has been agreed and signed off by NI Water during the Article 154 Sewer Requisition and Article 161 Adoption Process. - Regarding the loss of industrial zoning; the principle of housing on the site was determined by the granting of an outline permission by the Planning Appeals Commission. The application submitted is a reserved matters application following the PAC outline approval. The principle therefore of housing is established on the site by the previous planning history. - With regards to the lack of community facilities this proposal will include an equipped play area. The details of which will be required to be submitted and this can be conditioned. This play area will be located centrally within the site. - Regarding the questions raised by RFA a written response was provided in March 2016 answering the questions raised at that time. Officials were satisfied that the access, junction improvements etc. as stipulated in conditions 3 and 4 of the PAC approval; stipulate that the requirements shall be dealt with before work commences. The RM submission was considered valid. - Written responses were provided to RFA in March and April 2016 on the questions raised in correspondence and the EIA screening was made available on portal. - RFA were also advised in response dated 12th April 2016 that Council’s Planning Officials continue to conduct the appropriate environmental assessments and determinations based on the available information, at a suitable stage in the application’s consideration. - The proposed pedestrian link is necessary in planning terms to provide connectivity into and out of the site for pedestrian users. - Regarding flooding officers re-consulted with DFI Rivers following the flood event on 22 August 2017. DFI Rivers advised that the flood event was in excess of 1 in 100 years. The freeboard applied to the 100 year level is designed to protect the development from flooding of a higher return. Using the prevailing 100 year flood levels the flood risk assessment is considered appropriate and DFI Rivers had no objection to the development. A maintenance strip will be located between the flood wall and the raised development. DFI Rivers advises that the applicant considers a method to pump out flood water in the maintenance strip between the flood wall and the raised development in case of exceedance; the permeability of the infill Appendix 7

material to judge the effects of the flood water ingress in case of exceedance and an emergency plan. These will be included as informatives in the event of a planning approval on the site. - Following works taking place on site Council re-determined the application under The Planning (EIA) Regulations (NI) 2017 and on the 14th November 2017 determined the application must be accompanied with an Environmental Statement as there was the potential for degradation of the aquatic environment from contaminated run-off through demolition works on site. Following this the applicant accepted Council’s determination and an Environmental Statement was then submitted 23rd February 2018. The environmental effects of the works; and remedial works required for the development proposal including removal of the infill from the maintenance strip and the new proposed pumping station have all be assessed through the environmental statement and subsequent ES addendums. Officers are satisfied that the environmental effects of the proposal and the impacts on River Faughan and Tributaries SAC have been appropriately taken into account.

11. 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.

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)

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.

The SPPS supports and strengthens PPS 7 in that it requires submission of a design concept to be sought and agreed with the developer. The Planning Appeals Commission granted permission on the site under application A/2005/0997/F, appeal reference 2008/A0228; however only granted the Appendix 7 principle of housing on the site and issued an outline permission and not a full permission which was initially applied for in the application.

This reserved matters application was accompanied with a Concept Statement and concept plan.

Derry Area Plan 2011 - The application site is located on un-zoned land in Drumahoe as identified in the Derry Area Plan. The previous use on the site was industrial however the principle of housing was accepted on the site through the granting of appeal ref. 2008/A0228.

Policy H1 Housing Design and Layout – The layout proposed will accommodate 164 houses with a mix of detached and semi-detached dwellings. The scale and density of the development respects the location and characteristics of the site, topography, landscape features and the character of the surrounding developments. The layout provides a central portion of open space located centrally within the site and there is permeability throughout the site. A second area of open space is also provided to the western part of the site separating the proposed development from the existing dwellings at Ardlough Road which will respect the privacy and residential amenity of the existing dwellings along Ardlough Road. The house type design is of a high quality. Existing mature trees and vegetation along the boundary with Drumahoe Road will be retained and incorporated into the development where these exist along the southern boundary up to the access point; a grouping of trees along the north western corner of the site are also being retained. There is an adequate access to the site and a permeable road layout within the site; provision of infrastructure road improvement works to Drumahoe Road and Ardlough Junction as part of the development proposal. A pedestrian connection is also being provided to connect the site directly onto Ardlough Road for pedestrian users. Whilst neighbouring properties objected to this connection officers consider this necessary for pedestrian connectivity to and from the site. The proposal complies with Policy H1 of the Area Plan and the details of the house design and layout are assessed in more detail in PPS 7 section later in this report.

Policy H2 Open Space Provision in new housing areas – The proposal provide for 12.63% amenity open space which is in excess of the 10% required under PPS 8. Adequate open space has been incorporated into the overall development layout which is assessed in more detail in PPS 8 section later in this report. The proposal complies with Policy H2.

Policy BE1 Urban Design – The site is within the settlement limit of the city and the design of the proposed development will set its own design ethos creating a new development. The layout and design, scale and massing and use of materials have been sensitive to the constraints of the site, the impacts on existing residential amenity, the proximity of dwellings to River Faughan, the existing flood Appendix 7 wall, the topography and existing landscape features on the site. These are all assessed in more detail in PPS 7 section later in this report. The policy complies with BE1 of the DAP.

Policy ENV 7 Retention of Trees and hedges and Landscape Requirements- The development proposal takes account existing trees on the southern boundary of the site along Drumahoe Road which are being retained and are integrated into the overall development layout. An existing grouping of trees are also being retained in the north west corner of the site. The sites previous use was industry however where possible, the existing vegetation and trees have been taken into account. Appropriate landscaping is also being provided as an integral part of the design. The proposal complies with policy ENV 7.

Policy ENV 8 The Water Environment – The River Faughan is located on the eastern boundary of the site and is separated from the site by an existing sheet pile flood defence wall. Careful consideration has been given as to how impacts from the proposed development with appropriate mitigation will not impact on water quality or on the River Faughan which is an ASSI / SAC. This is assessed in more detail in PPS 2 assessment later in this report. The proposal complies with ENV8.

Policy ENV 9 Development adjacent to Rivers and Open Water Bodies – The site is adjacent to the River Faughan and Tributaries ASSI and SAC designated site. The proposal has considered the impacts on the river in terms of its landscape character and setting. The site is separated from the River by an existing sheet pile flood defence. There currently is no public access to the river from the site therefore the proposal will not prejudice any existing or potential future access to the river from this site. The proposed 5m maintenance strip / dark wildlife corridor provides maintenance access to the area between the development and the existing floodwall. There are no direct views of the river from Drumahoe Road and the site previously had industrial buildings which have now been demolished. Whilst the development backs onto the river, it will not result in a significant loss of views of the river. The proposal complies with ENV 9. The environmental impacts of the proposal on the designated site as a result of the development are set out in detail in PPS 2 consideration later in this report.

Planning Policy Statement 15 Planning and Flood Risk

Policy FLD 1 Development in Fluvial (River) and Coastal Flood Plains The majority of the site is within the Q100 floodplain and is protected by existing flood defences that are deemed by DFI Rivers to be structurally adequate to provide a minimum standard of 1 in 100 year fluvial flood protection. The proposal is therefore deemed an exception under FLD 1 and a flood risk assessment was submitted during the processing of the application and was also included within Appendix 7 the EIA submission. The FRA was previously considered by DFI Rivers in April 2016. DFI Rivers again confirmed in April 2018 they had no reason to disagree with it conclusions and have provided informatives. The development will be at least 600mm above the predicted 100-year flood level.

Policy FLD 2 Protection of Flood Defence and Drainage Infrastructure The ES addendum included a chapter on the structural stability of the flood defence as was requested by officers as there was concerns at that time the material would impact the stability of the defence. DFI Rivers advised that the infilling behind the flood defence would not meet policy FLD 2 in that it would prevent inspection and maintenance of the flood wall from the landward side. The latest layout plan drawing no 10 Revision 11 now indicates that the infill material which exists on site located within the maintenance strip from the river will be removed as part of the development proposal. This means there will be no loading on the flood defences and there will be access and egress at all times to the maintenance strip. This maintenance strip is required to kept clear from impediments including land raising, planting etc. DFI Rivers advised in their response in June 2019 that the proposal meets FLD 2.

Section through the site and at the boundary with River Faughan showing the infilling removed from the 5m maintenance strip adjacent to the existing flood defence Appendix 7

Policy FLD 3 Development and Surface Water (Pluvial) Flood Risk Outside Flood Plains A flood risk assessment / drainage Assessment was submitted during the processing of the application. DFI Rivers advised in consultation response 5th November 2015 that the assessment lacks a letter from Rivers Local area office for consent to discharge storm water. Otherwise Rivers accepts the report and has no reason to disagree with its conclusions and cannot sustain a reason to object to the proposed development from a drainage or flood risk perspective. Evidence of consent to discharge was provided from the agent by email which was granted in December 2015 however this has now lapsed and the agent confirmed they have made an application to renew the consent. On this basis therefore officers are content to impose a condition that there shall be no development until consent to discharge has been granted by DFI Rivers. See conditions section later in this report.

Policy FLD 4 Artificial Modification of Watercourses Not applicable to this site

Policy FLD 5 Development in Proximity to Reservoirs Not applicable to this site

Flooding event August 2017

Members should note that following the August 2017 flood event DFI Rivers were re-consulted in September 2017 and advised that they were capturing data for all significant future flood events and that flood mapping would be updated periodically as the information becomes available. The flood event of August 2017 was established to be in excess of 100 years and would have been expected to overtop the flood walls. The 600mm freeboard applied to the 100 year level to establish development levels is designed to protect the development from flooding of a higher return. Using the prevailing 100 year flood levels DFI Rivers advise that the FRA (dated 4th April 16) remains logical and DFI Rivers has no reason to disagree with its conclusions. DFI Rivers does advise that the applicant should consider a method to pump out flood water in the maintenance strip between the flood wall and the raised development in case of exceedance; the permeability of the infill material to judge the effects of flood water ingress in case of exceedance and an emergency evacuation plan. DFI Rivers cannot comment on the suitability of emergency plans and procedures as it is outside the Appendix 7

Department’s statutory functions; however, the applicant will be advised of all of the above in informatives in the events of planning approval on the site.

Planning Policy Statement 2 Natural Heritage

Policy NH 1 European and Ramsar Sites- International and Policy NH 3 Sites of Nature Conservation Importance – National

The application site is adjacent to River Faughan and Tributaries ASSI/SAC designated sites. The 0.16km stretch of River Faughan and Tributaries ASSI/SAC bordering the eastern boundary of the application site contains important spawning, holding and nursery habitat for salmon.

Following the works that took place on site NED had concerns that there was potential for degradation of the adjacent aquatic environment from contaminated run-off as a result of the construction and operational works. Following submission of the Environmental Statement and addendums, NED were further consulted.

NED has considered all of the information submitted and considered the impacts of the proposal on designated sites and advises that due regard to given by the competent authority to their recommendations in undertaking HRA on River Faughan and Tributaries SAC. NED advise that the proposal is not connected with, or necessary for, the conservation management of the designated sites.

It is proposed that storm drainage will flow from the north west to the south east of the development site and discharge into River Faughan. Due to the scale of the development and the proximity to the designated sites, there is the potential for polluting matter to enter the river. NED are of the opinion that hydrocarbon interceptors should also be included into the surface water drainage system, along with the Terram to intercept silt laden surface run-off as proposed and installed prior to further works commencing and this has been recommended as a condition. NED was also concerned that in-river works may be required as part of improvements to the storm drainage system, this may result in sediment mobilisation and alteration of water quality or habitat availability with consequential impacts on the otter and salmon site selection features. NED therefore recommends that details of any in-river works are included in a final CEMP. NED therefore requires a final Construction Environmental Management Plan and final site drainage plan to be submitted which should contain all mitigation measures proposed, and this is recommended as a condition. A condition is also recommended relating to contamination in the event new contamination or risks are encountered which have not been previously identified. See conditions section later in this report. Appendix 7

NED also acknowledges foul sewage will be directed to the mains network via a waste water pumping station (WWPS) which is located in the north east corner of the site, as shown on site layout plan 10 rev 11. NED has also considered the ES 2nd Addendum (2.9.19) which considered the environmental impacts associated with the proposed WWPS during the construction and operation stages and consider the impacts on any of the designated site selection features unlikely to be significant.

Shared Environmental Services our environmental advisors have reviewed the Environmental Statement and addendums and have undertaken a Habitats Regulation Assessment. SES has considered the nature, scale, timing, duration and location of the project concluded that provided mitigation is conditioned in any planning approval the proposal will not have an adverse effect on site integrity of any European Site. SES require the contractor to submit a final CEMP prior to the commencement of works and this should reflect and detail all the pollution prevention, mitigation and avoidance measures, as outlined in Section 6.6 to 6.64 of the OCEMP dated August 2019. A silt fence is also required to be erected between the construction works and the River Faughan prior to and for the duration of the construction phase. SES also require that surface water generated during the construction phase of the development shall not be discharged to River Faughan unless temporary trade consent to discharge is granted by NIEA Water Management Unit. See conditions section later in this report.

Officer are therefore satisfied that appropriate mitigation measures; assessment by SES and NED; and, the conditions imposed will ensure the development will not adversely affect the integrity of River Faughan SAC/ASSI and the proposal therefore complies with PPS2.

Other Natural Heritage Interests

Policy NH2 – Species Protected by Law and Policy NH5 Habitats, Species or Features of Natural Heritage Importance

Appendix 7

NED has also considered an otter survey and notes this is consistent with the NED site visit carried out in 05 February 2015, the development is unlikely to significantly impact the local otter population.

Planning Policy Statement 3 Access Movement and Parking

This is a reserved matters application following the grant of appeal 2008/A0228. The proposal will provide for alterations to Drumahoe Road including a combined cycle way/footway; provision of a crossing island; alterations to the Ardlough Road junction improving pedestrian connection/cycle way connectivity and an improved crossing point on Ardlough Road; vehicle restraint system along part of the site frontage and provision of a right hand turning lane into the site. DFI Roads considered the transport assessments submitted and the objections received regarding road safety and mitigation to off-site junctions however considered that no mitigation to the off-site junctions can be provided as the A6 is a priority road. DFI Roads advises that the proposal complies with PPS 3 as adequate access arrangements and parking provision for the site have been provided and DFI Roads advise the proposal is acceptable. Conditions relating to the Private Streets Determination are set out in the conditions section later in this report.

Planning Policy Statement 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: Appendix 7

Proposed Block Plan a) The proposal respects and is appropriate to the character of the area and respects the surrounding context in that it is housing of two storey detached and semi-detached dwellings in an area where there is residential, community and commercial development within the locality of the site. Infilling has taken place on site within the site and at the eastern part of the site. The PAC findings in the enforcement appeal were that this was preparatory works for future development. Infilling is required on the site as part of the development proposal to ensure the development is above the Q100 floodplain level. The western part of the site follows the topography and works with the levels. This part of the site rises in gradient towards Ardlough Road. The steepest part of the site between the existing dwellings at Ardlough Road and any proposed housing will be retained as open amenity area and planted with vegetation. This will ensure there will be no detrimental impact on amenity of existing residents. The layout was amended through the processing of the application to ensure there would be no housing impacting onto the existing residents at this part of the site. Access to the site is from Drumahoe Road and the layout provides for an internal road with a central spine around the central open space area and internal road connections to the western part of the site which will accommodate the sites traffic. There will also be a pedestrian connection from the site onto Ardlough Road. There are two accessible and supervised areas of open space/amenity within the development and the central area of open space will include an equipped area of play. Appendix 7

b) In terms of archaeology, there is no archaeological potential on this site and no historic features to be incorporated into the development.

In terms of landscape features, the existing trees and vegetation on the sites boundaries are being retained including the existing trees along Drumahoe Road, the existing hedgerow which separates the site from the existing dwellings at Ardlough Road and an existing tree grouping in the northwest corner of the site. The layout has been designed so that there will be no development encroachment onto the existing trees or their roots. Additional planting is also proposed and a Landscape Plan has been provided which will supplement the existing vegetation. The proposal therefore also complies with DAP 2011 Policy ENV 7 and provides appropriate landscaping as an integral part of the development proposal.

In terms of open space, adequate provision has been made for public open space within the development which is in excess of the 10% requirement being provided. Open space has been provided centrally within the site which will also have an equipped play area. Another amenity area of open space is provided at the western part of the site which is sloping in nature and this has been designed separating the proposed housing from the existing housing at Ardlough Road. This will also be supplemented with planting.

Landscaping Plan for the site

Appendix 7

In terms of private amenity space for each dwelling this meets the guidance of Creating Places, with the dwellings having sufficient rear private amenity 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 and individual tree planting in some of the front gardens, which will reinforce the principles of legibility. c) The proposal for 164 units does not meet the requirement for provision of any retail or neighbourhood facility, however the site is within walking distance to nearby community, local shopping and facilities in Drumahoe. d) The development has demonstrated a permeable movement pattern. There is a main vehicle and pedestrian route through the site and footway/cycle network. A pedestrian connection is also being provided from the area of amenity space in the western part of the site so pedestrians have direct access to Ardlough Road, which promotes the principles of connectivity. The proposal also include upgrading the cycle/footway on Drumahoe Road and at the junction of Ardlough Road. e) The proposed road network is to be adopted by DFI Roads under the Private Streets Order. DFI Roads have also reviewed the extent of parking which is in-curtilage for each dwelling. The proposed level of parking has been considered acceptable for the overall development. There will be infrastructure improvements to Drumahoe Road as a result of this development with improvements to the combined footway/cycleway along Drumahoe Road; provision of a pedestrian/cycle crossing island, a right hand turning lane into the development. At the Ardlough Road junction there will be an improved junction, improved footway/cycle way. f) In terms of the best local traditions of design and finishes, the proposal includes a mix of house types detached and semi-detached two storey dwellings some with sunrooms at the rear. The house types proposed are of a traditional design yet modern and attractive. The materials proposed are dark grey slate effect concrete roof tiles, red clay facing brick, pvc windows and doors and some of the semi-detached dwellings will have stone to the front elevations. The detached dwellings are 4 bedroom and the semi-detached proposed will accommodate three bedrooms. The design is appropriate within the context of the site. Appendix 7

Detached dwelling House type A1

Detached dwelling house type A Appendix 7

Proposed detached dwelling house type B

Proposed semi-detached dwelling house type C Appendix 7

Proposed semi-detached house type D

g) During the processing of the application careful consideration was given to the proximity of proposed dwellings to the existing dwellings at Ardlough Road given the levels of the site. The layout now proposed has been carefully designed so that there will be no dwellings proposed on the boundary with the existing dwellings at Ardlough Road. The layout proposes an area of open space/amenity between the existing dwellings and the proposed dwellings. The existing dwellings have adequate separation distance of 25m from the closest proposed dwelling to the common boundary and in excess of 45m from the existing dwelling to the closest proposed dwelling on plot no 88. The layout and design therefore will not cause any unacceptable adverse impacts on existing residential amenity. Cross sections below demonstrate how the levels along the boundary with the existing dwellings at Ardlough Road have been addressed. In terms of noise and other disturbance there will be construction site noise and dust during construction. EHD raised concern re noise levels at nearby neighbouring properties during construction phase of the development and recommend a condition be attached to any planning approval relating to submission of a Construction Environmental Management Plan and working hours. In terms of impacts on the proposed occupiers, there is the potential for noise and odour on the nearest properties Appendix 7 adjacent to the WWPS. Environmental have provided condition regarding noise rating level and the specification of the pumping station and an informative to advise potential buyers that those properties and their rear amenity may have the potential to be impacted by noise and odour. See conditions section later in this report.

Cross section through the site from existing dwelling at 11 Ardlough Road Appendix 7

Cross section through site from existing dwelling no 15 Ardlough Road showing area of amenity space adjacent to common boundary

h) The layout is designed to deter crime and promote personal safety. The proposed dwellings

are designed to provide supervised dual frontages on to all areas of open space and dwellings front onto the pedestrian connection being provided at Ardlough Road.

The proposal complies with all the criteria of PPS 7 policy QD1.

Planning Policy Statement 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 the main useable portion of open space is located centrally within the site which will also have an equipped area of play. A second area of open amenity space although sloping in level is provided on the western part of the site which was designed so that the dwellings would front onto this area providing supervision onto the planted amenity area and pedestrian connection to Ardlough Road. A Appendix 7 condition will be imposed requiring the open space and play areas to be implemented prior to the occupation of 50% of the development.

12. Conclusion and Recommendation

The proposal is considered acceptable in that it is in accordance with the Derry Area Plan 2011 and other material considerations. The principle of housing on this site was established through the Planning Appeal decision ref 2008/A0228. The layout meets the criteria of QD1 of PPS 7 and a quality residential environment can be achieved. Open space in the form of communal space has been provided in accordance with PPS 8; provision of infrastructure works in accordance with PPS 3, flooding and drainage in accordance with PPS 15; impacts on the River Faughan European Protected site and ASSI/SAC have been duly considered, as well as impacts on natural habitats in accordance with PPS 2; all of which are supported through the SPPS for NI. Other material considerations have also been taken into account, including the representations and the advice from consultees received, but overall they support an approval of the application.

It is therefore recommended that Council’s Planning Committee approve Planning permission A/2014/0035/RM for the proposed development subject to the conditions set out below;

Proposed Conditions

1. The development to which this approval relates must be begun by whichever is the later of the following dates:- i. The expiration of a period of 5 years from the grant of outline planning permission; or ii. The expiration of a period of 2 years from the date hereof.

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

2. Connection to the public foul sewerage network will not be granted until a solution has been agreed and signed off by NI Water during the Article 154 Sewer Requisition and Article 161 Adoption Process.

Reason: To ensure adequate foul sewerage disposal at the site.

Appendix 7

3. No development shall take place on-site until Schedule 6 Consent to discharge to River Faughan has been consented by DFI Rivers, and this is provided to and approved in writing by Council.

Reason: To ensure storm water from the site is safely disposed of.

4. The boundary treatments to each dwelling unit and within the site as identified on drawing no 10 Revision 11 and 11 Revision 11 date stamped received 17 May 2019, drawing no’s 08 Revision 2 and drawing no 27 date stamped 28 February 2019, shall be completed prior to the occupation of each unit hereby approved.

Reason: To secure a quality residential environment

5. All existing trees, shrubs and hedges/natural screening on the boundaries of the site and within the site as shown on the landscape drawing no 14 Revision 3 date stamped 22nd November 2019 and site layout drawings no 10 Revision 11 and 11 Revision 11 date stamped 17 May 2019 shall be permanently retained unless otherwise agreed in writing with the Council.

Reason: To ensure the development integrates in a satisfactory manner into the locality and to maintain biodiversity value on the site.

6. Prior to the occupation of the 82nd dwelling unit hereby approved, the developer shall provide the proposed public open space, equipped area of play, pedestrian link and open space planting as indicated on the approved plans, drawing no 10 Revision 11 and 11 Revision 11 date stamped 17 May 2019 and drawing no 14 Revision 3 date stamped 22nd November 2019.

Reason: To ensure that the public open space, and play area and the pedestrian links are provided in a timely manner for the benefit of the occupiers and existing residents within the H25 zoning, and to aid integration of the development into the local landscape as soon as possible.

7. Prior to the occupation of the 1st dwelling the details of the play equipment shall be submitted to and agreed in writing with Council.

Reason: To ensure adequate play provision is provided in a timely manner for the benefit of the occupiers of the development. Appendix 7

8. The open space areas referred to in condition 6 shall be managed and maintained in accordance with the agreed Landscape Management Plan date stamped received by Council on 18 May 2015.

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.

9. No dwelling shall be occupied in the proposed development until a Landscape Management Agreement for all areas of open space and the equipped play area has been entered into and agreed with an Open Space Manager, the details of which shall be submitted to and agreed in writing with the Council

Reason: To ensure the open space provision is managed in perpetuity in accordance with the Planning Policy Statement 8 (PPS8) Open Space, Sport and Outdoor Recreation.

10. 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 Department, 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 Department gives its written consent to any variation.

Reason: To ensure the provision, establishment and maintenance of a high standard of landscape.

11. The appointed contractor shall submit a final Construction Environmental Management Plan (CEMP) to the planning authority, for consultation and agreement with NIEA-WMU prior to further works on site.

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

Appendix 7

12. If during the development works, new contamination or risks to the water environment are encountered that has not previously been identified, the 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, in conjunction with Environmental Health, DAERA’s Regulation Unit; and Natural Environment Division and subsequently implemented and verified to its satisfaction.

Reason: For the protection of the health of future residents and for protection of environmental receptors to ensure the site is suitable for use; and, to protect the site selection features and conservation objectives of River Faughan and Tributaries Special Area of Conservation.

13. After completing any remediation works under Condition 12 and prior to occupation of the development, a verification report shall be submitted in writing and agreed with the 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 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.

14. In order to protect residential amenity, demolition and construction hours during site construction operations shall be restricted to the following daytime hours: - • 07.30hours – 18.00hours – Monday – Friday • 08.00hours – 1300hours – Saturday; unless otherwise agreed with the Planning Authority.

Reason: To protect residential amenity during the construction phase of the development

15. The ‘The ‘Rating level’ (Calculated in accordance with the methodology outlined in ‘BS4142: 2014 -Methods for rating and assessing industrial and commercial sound’) of the specific noise Appendix 7

generated by the pumping station shall not exceed the ‘background sound level’ (LA90) at the nearest approved residential dwellings.

Reason: To protect residential amenity

16. The proposed Waste Water Pumping Station associated with the development shall be so designed, constructed and maintained to ensure that it complies with the “Specification for the Construction of a Waste Water Pumping Station for Adoption by Northern Ireland Water” (April 2017) as is detailed in appendix 2 of the Environmental Statement 2nd Addendum date stamped received by Council on 02 September 2019.

Reason: To protect amenity at nearby noise sensitive property.

17. All noise mitigation measures identified in the updated outline Construction Environmental Management Plan (August 19) detailed in appendix 3 of the Environmental Statement 2nd Addendum shall be implemented.

Reason: To protect amenity at nearby noise sensitive property.

18. No phase or part of the development hereby permitted shall commence until a specific noise/vibration impact assessment is undertaken should piling of foundations be required for construction of dwellings. Any assessment shall be submitted to and agreed in writing with Council in consultation with Environmental Health.

Reason: To protect amenity at nearby noise sensitive property.

19. All storm water from the development site shall not be discharged to nearby watercourses unless first passed through pollution interception and flow attenuation measures.

Reason: To prevent pollution of surface waters.

Appendix 7

20. A final Construction Method Statement and finalised Site Drainage Plan must be submitted by the applicant/approved contractor to the Planning Authority for agreement prior to further works commencing. This should reflect and detail all the pollution prevention, mitigation and avoidance measures as outlined within Section 6 of the Outline Construction Environment Management Plan (21/12/2016) and section 5.5 of the Final Environmental Statement (23/02/2018) and all additional submitted information. All potential in-river works ought to be included in the final CMS. Full details of the works, location of any outfall pipes and Construction Method Statements provided for each aspect of the work must be included for further consideration by the competent authority.

Reason: To protect the site selection features and conservation objectives of River Faughan and Tributaries Special Area of Conservation.

21. Prior to discharge to watercourses, any surface water generated during the construction and operation phases of the development must first pass through appropriate treatment, such as sediment traps and hydrocarbon interceptors.

Reason: To protect the site selection features and conservation objectives of River Faughan and Tributaries Special Area of Conservation.

22. 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 protect the site selection features and conservation objectives of River Faughan and Tributaries Special Area of Conservation.

23. The appointed contractor shall submit the final Construction Environmental Management Plan (CEMP) to the Planning Authority prior to the commencement of any works. This shall reflect and detail all the pollution prevention, mitigation and avoidance measures, as assessed and outlined within Section 6.6 to 6.64 of the Outline Construction Environment Management Plan dated Appendix 7

August 2019. The approved CEMP shall be implemented strictly in accordance with the approved details, unless otherwise agreed in writing by the Planning Authority.

Reason: To ensure that the appointed contractor is cognisant of, and will implement all mitigation and avoidance measures to protect the site selection features and conservation objectives of River Faughan and Tributaries SAC & Lough Foyle Ramsar/SPA.

24. A Silt Fence shall be erected between the construction works and the River Faughan prior to and for the duration of the construction phase.

Reason: To avoid adverse effects on the site integrity of the River Faughan and Tributaries SAC and Lough Foyle Ramsar/SPA.

25. Surface water generated during the construction phase of the development shall not be discharged to the River Faughan unless a temporary trade consent to discharge is granted by NIEA WMU.

Reason: To avoid adverse effects on the site integrity of the River Faughan and Tributaries SAC and Lough Foyle Ramsar/SPA.

26. The maintenance strip as shown on drawing no 10 Revision 11 and 11 Revision 11 date stamped 17 May 2019 shall be permanently retained and protected from impediments (including tree planting), land raising or future development.

Reason: To ensure clear access and egress for maintenance of the flood defence.

27. The vehicular accesses, including visibility splays and any forward sight distance, shall be provided in accordance with Drawing No. 29 Rev 01 bearing the date stamp 03 June 2019, 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.

Appendix 7

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

28. 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. 29 Rev 01 bearing the date stamp 03 June 2019.

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.

29. The Private Streets (Northern Ireland) Order 1980 as amended by the Private Streets (Amendment) (Northern Ireland) Order 1992. No other development hereby permitted shall be commenced until the works necessary for the improvement of a public road have been completed in accordance with the details outlined blue on Drawing No. 29 Rev 01 bearing the date stamp 03 June 2019. The Department hereby attaches to the determination a requirement under Article 3(4A) of the above Order that such works shall be carried out in accordance with an agreement under Article 3 (4C).

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

30. Notwithstanding the provisions of the Planning (General Development) (Northern Ireland) Order 1993, no buildings, walls or fences shall be erected, nor planting other than grass, flowers or shrubs with a shallow root system and a mature height of less than 500 mm shall be carried out 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.

31. The area hatched at sites 24-29, 89-93, 104-107 & 123-126, on drawing no. 29 Rev 01 bearing the date stamp 03 June 2019 shall be kept clear to provide a level surface no higher than 250mm above the level of the adjoining carriageway to provide adequate visibility splays from the afore Appendix 7

mentioned sites. No walls or fences shall be erected, nor hedges nor formal rows of trees or planting other than grass, flowers or shrubs with a shallow root system and a mature height of less than 500mm shall be carried out within or grown in this hatched area.

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

32. 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

33. The access gradients to the dwellings 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.

34. If the finished ground level of the property, within 1.0m of the footway or verge, is greater than 150mm below the finished level of the adjoining footway or verge, a boundary fence or wall shall be provided to a minimum height of 1.1 m above the footway or verge level.

Reason: To ensure the safety of pedestrians on the public road.

35. Notwithstanding the provisions of the Planning (General Development) Order (NI) 1993 no garages shall be sited closer than 6.0 metres from the back of the footway or the near edge of a shared surface carriageway.

Reason: To ensure that there is space for a parked vehicle without encroaching onto the footway or service strip.