Meeting Pack Derry City and Strabane District Council
Dear Member of Planning Committee
You are hereby summoned to attend the reconvened monthly meeting of the Planning Committee (7 October 2020) to be held remotely on Thursday 8 October 2020 at 4.00pm.
Yours faithfully
John Kelpie Chief Executive
AGENDA
1 Notice and Summons of Meeting
2 Member Attendance and Apologies
3 Statement for Remote Meetings
4 Declarations of Member's Interests
5 Chairperson's Business
Open for Information
6 Planning Appeals Update (Pages 1 - 34)
7 Enforcement Review for Business Year 2019/2020 (Pages 35 - 40)
8 Enforcement Review April-June 2020 (1st Quarter) (Pages 41 - 46)
9 Permitted Development for Agricultural Buildings and Operations (Pages 47 - 56)
10 Update on Ammonia Emitting Projects following correspondence from Friends of the Earth (Pages 57 - 88)
11 List of Decisions Issued - September 2020 (Pages 89 - 112)
Confidential for Decision
12 Matters Arising from the Confidential Minutes of the Special Planning Committee Meeting held on Wednesday 29 July 2020 (Pages 113 - 114)
13 Matters Arising from the Confidential Minutes of the Planning Committee Meeting held on Wednesday 2 September 2020 (Pages 115 - 116)
14 Matters Arising from the Confidential Minutes of the reconvened Planning Committee Meeting (2 September 2020) held remotely on Thursday 3 September 2020 (Pages 117 - 122)
15 Proposed Court Action - LA11/2017/0182/CA (Pages 123 - 140)
8 October 2020
Agenda Item 6
Title of Report: Officer Presenting: Principal Planning Officer Item 11: Planning Appeals Update Author: Principal Planning Officer
1 Purpose of Report/Recommendations
1.1 To appraise Members on planning appeals currently in the system. A background table is enclosed in Appendix 9 showing the current status of any live appeals and any decisions made since the last meeting.
2 Background
2.1 Since transfer of Planning to local government, Members have been advised on a monthly basis of the transitional provisions for dealing with planning appeals following transfer of powers on 1st April 2015 as set out in The Planning (2011 Act) (Commencement No.3) and (Transitional Provisions) Order (Northern Ireland) 2015.
2.2 With regard to applications refused by the Council post 1st April 2015, officials have and will continue to notify the Planning Committee when appeals are received and dates for submission are published by the Planning Appeals Commission (PAC).
3 Key Issues
3.1 Members are advised that no new appeals were submitted to the PAC since the last Committee meeting
3.2 Members are advised three appeal decisions have been notified since last Committee meeting. Copy of the decisions are attached in Appendix 10. Note there is no decision for appeal 3) LA11/2018/0476/F as this was withdrawn by the appellant.
1) J/2014/0027/CA 2018/E0041
Page 1 Alleged unauthorised winning and working of materials, stockpiling of minerals and export of materials; Alleged unauthorised change of use of land for screening and crushing of minerals; Alleged unauthorised erection of cabin used as an office, staff room and toilet; Alleged unauthorised erection of storage unit; Alleged unauthorised ponds; Alleged unauthorised silt lagoons; Alleged unauthorised earth bunds; Alleged unauthorised deposition of waste material, scrap metal and disused vehicles. Lands North, South and East of 33 Castlewarren Road, Donemana.
Decision: Enforcement Notice Terms Varied 28/08/2020.
2) LA11/2019/0268/LDE 2019/E0033
Existing development and use of an entrance, access haul road and crossing point connecting the existing sand and gravel pit and washing plant site to the Castlewarren Road. Access point into lands C.360m north east of 35, Castlewarren Road, Donemana, Strabane.
Non Determination Appeal on Certificate of Lawful Development
Decision: Granted 28/08/2020 (Part of the existing haul road considered to be lawful)
3) LA11/2018/0476/F 2019/A0066
Section 54 application to remove/vary condition no 9 of planning approval A/2001/0726/F (PAC 2004/A266) to allow the continuation of extraction activities until 31st March 2025. Land to the north of 22 Umrycam Road, Feeny, Londonderry.
Withdrawn 01/09/2020 (Appellant withdrew the appeal prior to submission of further evidence)
3.3 The appeals schedule has been updated accordingly with dates for PAC hearings and PAC site visits.
4 Financial, Equality, Legal, HR, Improvement, Rural Needs and other Implications
4.1 Paragraph 3(5) of The Planning (2011 Act) (Commencement No.3) and (Transitional Provisions) Order 2015, states that an appeal made to PAC against relevant decisions or determinations of the Department under the 1991 Order before 1st April 2015, the award of costs shall not apply. In all other cases the award of costs shall apply.
Page 2
5 Recommendations
Members note the update on the appeals.
Background Papers
Appendix 9 - Appeals Schedule
Appendix 10 - PAC Decisions
Page 3 This page is intentionally left blank Appeals Schedule Derry City and Strabane District
Please Note: Applications are listed in order received by PAC Appendix 9
CURRENT APPEALS
Reference PAC Appeal Type Proposal Location Applicant Summary Update Appeal Status Number reference
1 EN/2016/0199 2017/E0040 Appeal against Alleged unauthorised Buildings and Michael Enforcement Notice Decision received 20 Enforcement change of use of land to land at 15 McGonagle Appeal November 2018 Notice Issued a clothes recycling Beragh Hill Road, Enforcement Notice facility; of buildings and Ballynagalliagh, Upheld land for the storage of Londonderry materials, storage Page 5 Page containers, vehicles and trailers; of a dwelling to flats; and of an outbuilding to a dwelling
2 LA11/2018/0160/DE 2018/C004 Appeal on EIA Proposed restoration by Lisbunny Quarry, W & J Delegated Decision Decision received 15 TEIA Determination infilling with inert waste Longland Road, Chambers to request November 2018 of Lisbunny Quarry, Claudy Environmental Decision upheld - ES Longland Road, Claudy Statement required
3 LA11/2015/0137/CA 2018/E0018 Appeal against Alleged unauthorised Land and Mr John Quinn Enforcement Notice Decision received 15 Enforcement erection of buildings premises at 69 Appeal November 2018 Notice Issued and change of use of Peacock Rd BT82 Enforcement Notice the land and buildings 9NP, Sion Mills, Terms Varied for a manufacturing Tyrone workshop Appeals Schedule Derry City and Strabane District
Please Note: Applications are listed in order received by PAC Appendix 9
4 LA11/2017/0085/CA 2018/E0024 Appeal against Alleged unauthorised Lands at former Mr David Enforcement Notice Enforcement Notice Enforcement use of land for the Drumahoe Gilmore Appeal Quashed notice issued deposition of controlled Industrial Estate, waste (as defined in the Drumahoe Road, Waste and Ardnabrocky, Contaminated Land (NI) Londonderry. Order 1997) causing BT47 3SD. infilling and raising of land.
5 LA11/2017/0242/F 2018/A0068 Appeal against Retention of conversion 20 Barry Street Dermot Committee Decision Appeal Allowed decision to of two storey mid Pennyburn Derry McSorley to refuse refuse terrace single BT48 7PJ occupancy dwelling to a Page 6 Page house of multiple occupancy.
6 A/2012/0401/F 2015/A0102 Appeal against Wind farm comprising 7 Barr Cregg, Renewable Committee Decision Appeal Allowed decision to turbines and associated Ballymaclanigan Energy to refuse refuse infrastructure and Systems Ltd Slaghtmanus, 14 passing bays to near Claudy, Co A/2014/0112/F 2015/A0168 Appeal against facilitate construction Londonderry Committee Decision decision to of wind farm to refuse refuse Additional on-site A/2014/0114/F 2015/A0169 Appeal against access track associated Committee Decision decision to with wind farm to refuse refuse Appeals Schedule Derry City and Strabane District
Please Note: Applications are listed in order received by PAC Appendix 9
7 LA11/2018/0182/L 2018/E0043 Appeal against Existing business for Sproule Road, Mr Jim Robb Appeal Partially DE decision to vehicle diagnostic and Castlederg with Certificate of Lawful Allowed refuse automotive electrical additional access Use or Development repair workshop - onto (CLUD) Delegated Carrickdartans decision to Refuse having been listed for Road, Castlederg commercial purposes for more than 5 years. Page 7 Page Appeals Schedule Derry City and Strabane District
Please Note: Applications are listed in order received by PAC Appendix 9
8 J/2014/0027/CA 2018/E0041 Appeal against Alleged unauthorised Lands North , Riddles Enforcement Notice Informal Hearing Enforcement winning and working South and East Brothers Appeal 29 May 2019 Notice of materials, of 33 Limited stockpiling of Castlewarren Part 1 Decision minerals and export Road, 28/8/20 Enforcement Notice of materials; Alleged Donemana Varied unauthorised change of use of land for screening and crushing of minerals; Alleged unauthorised erection of cabin
Page 8 Page used as an office, staff room and toilet; Alleged unauthorised erection of storage unit; Alleged unauthorised ponds; Alleged unauthorised earth bunds; Alleged unauthorised deposition of waste material, scrap metal and disused vehicles. Appeals Schedule Derry City and Strabane District
Please Note: Applications are listed in order received by PAC Appendix 9
9 LA11/2015/0518/F 2018/A0129 Appeal against Amendment to Wind Lands 260m Mr Gordon Committee Decision Appeal Dismissed decision to Turbine planning South West of Thompson to Refuse refuse approval 76 Strabane J/2009/0340/F. Road, Birnaghs, Erection of a wind Newtownstewa turbine - change in rt, Co. Tyrone. hub height from 30m to 40m and change in rotor diameter from 26m to 54m. 10 LA11/2017/1111/F Appeal against Change of Use from 2 Grafton Mr P Committee Decision Appeal Allowed decision to dwelling to HMO Terrace, Derry McCrisken to Refuse Full Award Costs
Page 9 Page refuse Against Council Appeals Schedule Derry City and Strabane District
Please Note: Applications are listed in order received by PAC Appendix 9
11 A/2013/0125/CA Appeal against Unauthorised use of Land at Enforcement Notice Enforcement Notice enforcement land for importation, Carrickeel Appeal Quashed notice storage, processing Drive, Derry and distribution of fossil fuels, sand, ash and other minerals. The alleged unauthorised stationing of a container unit; weighbridge; the stationing of concrete Page 10 Page blocks forming walls; the stationing and use of plant, machinery and equipment in association with the above unauthorised change of use.
12 LA11/2016/0597/F 2018/A0193 Appeal against Amendments to Approximately Miller McElrea Committee Decision Site Visit held - refusal existing 250kw wind 125m North of to Refuse 29 June 2019 turbine to increase Bunderg Road, tower height from Strabane Appeal Dismissed 8 Feb 2020 31m to 44m and to increase blade length from 14.5m to 19.5m Appeals Schedule Derry City and Strabane District
Please Note: Applications are listed in order received by PAC Appendix 9
13 LA11/2016/0223/ 2018/E0052 Appeal against Alleged unauthorised Lands to the George Kelly Enforcement Notice Hearing 9 Jan 2020 CA Enforcement winning and working North & East of Appeal Strabane Enterprise Notice of minerals Alleged 5 Derg Road, Agency 10.30am unauthorised Victoria Bridge, Await Decision installation of a Strabane, BT82 drainage pipe 9JW
14. A/2014/0026/CA 2018/E0065 Appeal Against Alleged unauthorised Land at 23 Mr Michael Enforcement Notice Enforcement Notice Enforcement erection of building Monnaboy McColgan Appeal Quashed Notice Derry and Strabane Road, Derryarkin Upper, Page 11 Page Eglinton, Londonderry
15 LA11/2018/0758/F 2018/C006 Appeal against Determination that 26 Lenamore by N & R EIA Determination EIA required and EIA Proposal for 25 no. Road, Devine for Appeal confirmed
Determination dwellings must be Shantallow, accompanied by an Derry, Environmental Statement (LA11/2018/0758/F) (2 no. detached 2 storey, 16 no. semi- detached 2.5 storey, 4 no. terraced 2.5 storey and 3 no. terraced with 1 no. 2.5 storey and 2 no. 2 Appeals Schedule Derry City and Strabane District
Please Note: Applications are listed in order received by PAC Appendix 9
storey)
16 LA11/2016/0008/ 2018/E0067 Appeal against Alleged unauthorised Land at 120 Rev John Enforcement Appeal EN Upheld CA Enforcement erection of buildings Melmount Withy Road, Sion Mills, Tyrone Page 12 Page
17 LA11/2016/0041/ 2019/E0009 Appeal against Alleged unauthorised on Land at Mr Roy Enforcement Appeal Appeal Hearing held CA Enforcement Construction of a Approximately McCrea 14 Nov 2019 Notice Slurry Lagoon, Fence 215m NNE of 191 Glenshane Appeal Upheld and Associated 23 Dec 2019 Earthworks Road, Crossballycorm ick, Co. Londonderry Appeals Schedule Derry City and Strabane District
Please Note: Applications are listed in order received by PAC Appendix 9
18 LA11/2016/0168/ 2019/E009 Appeal against Alleged unauthorised Land at Mr Roy Enforcement Appeal Appeal Hearing held CA Enforcement Construction of One Approximately McCrea 14 Nov 2019 Notice Wastewater Lagoon 190m East of 334 Longland Appeal Upheld and One Slurry 8 Jan 2020 Lagoon Road, Co Londonderry.
18 LA11/2017/0763/L 2019/A0054 Appeal against Change of use to 39 39 Shipquay Bentley Committee Decision Informal Hearing BC refusal of Shipquay Street to Street, 1 & 2 Leisure to refuse held 24 Oct 2019 Listed Building provide extension to Bank Place Consent Derry Appeal Allowed approved amusement 3 Jan 2020
Page 13 Page arcade(A/2014/0314/ F)
19 LA11/2017/0764/F 2019/A0055 Appeal against Change of use to 39 39, Shipquay Bentley Committee Decision Informal Hearing refusal of Shipquay Street to Street,1/2 Bank Leisure to Refuse held 24 Oct 2019 application. provide extension to Place Derry Appeal allowed approved amusement 3 Jan 2020 arcade (A/2014/0314/F)
Appeals Schedule Derry City and Strabane District
Please Note: Applications are listed in order received by PAC Appendix 9
20 LA11/2018/0476/F 2019/A0066 Appeal against Section 54 application Land to the FP McCann Invalid Application Written Rep invalid to remove/vary north of 22 Returned Oct 2019 application condition no 9 of Umrycam Road,Feeny Appeal Withdrawn planning approval by appellant 1/9/20 A/2001/0726/F (PAC Londonderry 2004/A266) to allow the continuation of extraction activities until 31st March 2025
21 A/2014/0086/F 2019/A0086 Appeal against Redevelopment of Lands adjacent Dan Committee Decision Written Rep sent Page 14 Page refusal of vacant lands for an to Rossdowney O’Loughlin to Refuse 4 Oct 2019 application unattended 24 hour Road and Crescent Link Appeal Dismissed operating filling 17/8/20 station incorporating Junction, Derry new canopy, 4 fuel dispensers, new underground fuel tanks, upgraded associated site works & site boundaries plus a fuel cash and carry sales building and car wash. Appeals Schedule Derry City and Strabane District
Please Note: Applications are listed in order received by PAC Appendix 9
22 LA11/2019/0268/L 2019/E0033 ) NON- Access point into Castle Warren Robert Non- Determination Informal Hearing DE. DETERMINATIO lands C.360m north Rd, Donemana Riddles of CLUED scheduled for 26 N APPEAL - east of 35, Feb 2020 not held, revised procedures Castlewarren Road, issued to advise the Donemana, Strabane case would be dealt Existing development with by Written and use of an Representation entrance, access haul
road and crossing Decision 28/8/20 point connecting the Part Granted existing sand and gravel pit and Page 15 Page washing plant site to the Castlewarren
23 LA11/2017/0053/ 2019/E0034 ENFORCEMENT Alleged unauthorised Land North of Assured Enforcement Appeal Hearing 5 Feb 2020 CA - APPEAL Anerobic Digester 53 Dunnalong Energy Strabane Enterprise Plant consisting of Road, Bready, Agency
primary and Tyrone, BT82 0DW 11am secondary anaerobic digesters, Vielfrab Await Decision solid feed unit, combined heat and power plant and office building, electricity substation, flare, weigh bridge, feedstock storage Appeals Schedule Derry City and Strabane District
Please Note: Applications are listed in order received by PAC Appendix 9
clamps, concrete apron, hard standing, effluent storage tanks, pre pit and use of sheds and slurry tanks for the storage of digestate
24 LA11/2018/0817/ 2019/A0127 Appeal against 2no dwellings and Immediately Mr Liam Committee decision Written rep SoC O refusal of domestic garages (in- south (and Caldwell to refuse submitted Dec 2019 application fill site) adjacent to) Page 16 Page 114 Duncastle Appeal Dismissed Road Cullion 10 Feb 2020 Londonderry
25. LA11/2018/0376/F 2019/A0133 Appeal against Proposed 6 no.1 Site 20m south Mr N Maguire Committee decision Hearing 29/1/20 refusal of bedroom apartments of no's 22,24 to refuse Strabane Ent Agency application and 26 11am Townsend Street on Back Appeal Dismissed 26/5/20 Row, Strabane Appeals Schedule Derry City and Strabane District
Please Note: Applications are listed in order received by PAC Appendix 9
26 LA11/2017/0251/F 2019/A0156 Appeal against Retrospective 511 Glenshane Mr G Committee decision Informal Hearing rd refusal of application to Road, Rosborough to refuse 3 June 2020 application retention of part Killycor,London cancelled. Written derry Rep procedure - change of use from agricultural building Await Decision to dog/cat kennels
27. EN/2019/0152 2019/E0051 Enforcement Alleged unauthorised Land to the Mr JA Enforcement Appeal Await dates Appeal siting of portacabin rear of 41 and Mc Laughlin
and change of use of 42 Springhill land for retail sale of Park, Strabane
Page 17 Page goods.
28. LA11/2018/0226/F 2019/A0200 Appeal against , Retrospective 23 Old Bridge Kellys Sand Committee decision Await dates refusal of planning permission Road, Victoria and Gravel to refuse application for the retention of Bridge, Ltd works carried at sand Strabane & gravel quarry, with associated works and access. Proposed Western extension and southern extension to previously extracted areas. Proposed works to include new haul road and Appeals Schedule Derry City and Strabane District
Please Note: Applications are listed in order received by PAC Appendix 9
realignment of existing internal road. Works to also include settlement ponds, development of screening bunds, 2 no. compounds, relocation of existing washing plant, stockpiles and the creation of a Page 18 Page staggered crossing on the Derg Road access, and full restoration of combined sites and retention of temporary buildings.
29. LA11/2015/0114/CA 2019/E0057 Enforcement The alleged Land at 511, Mr Graeme Enforcement Appeal Informal Hearing rd Appeal unauthorised change of Glenshane Road, Rosborough 3 June 2020 use of land and Killycor, cancelled, Written buildings for dog Londonderry Rep procedure kennels and cattery Await Decision business. Appeals Schedule Derry City and Strabane District
Please Note: Applications are listed in order received by PAC Appendix 9
30. LA11/2019/0271/F 2019/A0243 Appeal of Proposed retention of 3 19 Westend Park Green Homes Committee Decision Await decision Refusal no. apartments - 2 no. 2 NI Ltd to refuse Planning Derry City bedroom apartments Permission and 1 no. 1 bed BT48 9JF apartment
31 LA11/2017/0833/F 2019/A0242 Appeal on Change of use from 19 Westend Park Green Homes Committee Decision Await Decision Refusal dwelling to 6 bedroom Ni Ltd to refuse Planning Derry City HMO Permission BT48 9JF Page 19 Page
32 A/2014/0592/F 2020/A0017 Appeal on Erection of 39 Ltd 8-10 Victoria Clanmil Committee Decision Await procedures refusal of apartments (4 storey Road, Derry, Developments to refuse planning and dates for Planning building) with rooftop BT47 2AB permission submission. Permission amenity space, new access arrangements from Victoria Road, servicing and drop off provision, bin stores, cycle parking landscaping and associated site works. Appeals Schedule Derry City and Strabane District
Please Note: Applications are listed in order received by PAC Appendix 9
33 LA11/2015/0065/ 2020/E0014 Enforcement Alleged unauthorised Land John McCrea Enforcement Appeal Awaiting Dates Appeal concrete walls, approximately . concrete base and earth 100 metres East banking .An engineering South East of 3 operation to provide a Elm Road, silage pit Gobnascale, Donemana, Tyrone, BT820JE
Page 20 Page Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Agenda Item 7
Title of Report: Officer Presenting: Senior Planning Officer: Enforcement Section Item 12: Enforcement Review for Business Year 2019/2020 Author: Senior Officer Enforcement
1 Purpose of Report/Recommendations
1.1 This report has been compiled to update Members on the progress made by the Planning Enforcement section for the business year 2019-2020.
2 Background
2.1 Derry City and Strabane District Council has the power to carry out Planning Enforcement powers which are set out in Part 5 of The Planning Act (Northern Ireland) 2011. This gives the Council discretionary power to take Enforcement action against breaches of planning control.
2.2 This review shows the performance of Council’s Planning Enforcement section for the business year 2019-2020. A breakdown of cases opened and cases closed for each business quarter has been provided and details of the number and type of Enforcement Notices served for 2019-2020 business year has been provided. For this business year Council has one target in relation to Enforcement which seeks 70% of Enforcement cases to be brought to a conclusion within 39 working weeks.
3 Live Case Loads
3.1 The Enforcement section started the business year with a caseload of 237 at the start of April 2019 which increased to 245 by the end of June 2019. Within the second quarter overall case numbers where reduced to 230. Numbers increased in the third and fourth quarter with the section finishing the business year with an overall case load of 264 at the end of March as shown in Table 1.
Table 1: Live Caseload at the end of each Quarter 2019/2020:
Page 35 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter
April-June July- October - January- September December March 245 230 261 264
3.2 New Cases
3.3 From 1st April 2019 to 31st March 2020 the Enforcement section received a total of 171 new cases as shown in Table 2 which is a slight increase on the 2018-2019 business year when the section received a total of 164 new cases.
Table 2: New Cases opened 2019/2020
1st 2nd 3rd 4th End of Quarter Quarter Quarter Quarter year Total April-June July-Sep Oct -Dec Jan -Mar 2019 35 45 69 22 171 -2020
Page 36 Case Closures
3.4 For the 2019/2020 business year, a total of 176 cases have been closed as shown in Table 3 which is a decrease in closures from the previous year when the section closed 196 cases. In the first quarter of the business year the Enforcement section closed 25 cases from April to June with the closure rate increasing to 54 in the second quarter of the business year between July and September. Closure rates then reduced to 45 for the third quarter of the business year and increased again to 52 for the final quarter.
3.5 A total of 74 cases closed this year have had the breach of planning control remedied through negotiation between the Enforcement Officers and the land owner/operator or the breach has been regularised through the grant of planning permission and compliance with conditions attached. This equates to 42% of the cases closed for the business year being done so through negotiation and regularisation.
3.6 A further 59 cases which equates to 34% closed this year were found to have no breach of Planning control onsite when investigated by Enforcement Officers with 34 cases which equates to 19% investigated deemed not expedient to pursue as the breach was minor in nature when investigated.
3.7 For this business year, a total of 9 cases which equates to 5% have been closed as the breach of planning control was found to be immune from Enforcement action. In these cases evidence was submitted by the land owner/operator showing the breach was in existence for over 5 years; therefore no enforcement action could be taken and the use or development in question was therefore lawful.
3.8 Statistics provided by DFI showed that Council’s Enforcement section closed 78.1% of cases within 39 weeks for the business year 2019-2020, which exceeds the Enforcement target of closing 70% of cases within 39 weeks. This is also an improvement on the previous year when the section failed to meet the 70% Enforcement target and only achieve a closure rate of 53.6% of cases within 39 weeks.
Page 37
Table 3: Cases Closed 2019 - 2020.
2019-20 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter Total
April - June July Sep Oct -Dec Jan- Mar
Not Expedient 4 13 10 7 34
No Breach 9 18 17 15 59
Permission 6 11 5 12 34 Granted
Remedied/ 6 8 11 15 40
Resolved
Immune 0 4 2 3 9
Total 25 54 45 52 176
Page 38
3.9 Notices Served:
3.10 For the 2019-2020 business year the Enforcement section served a total of 23 notices 11 of which were enforcement notices. This is an increase overall from the 2018-2019 business year when 15 notices in total were served. Of the 15 served in 2018-2019 13 were enforcement notices.
Table 4: Notices Served
Notice Type 1st Quarter 2nd 3rd 4th Total Quarter Quarter Quarter 1st April – 1st July – 1st Oct – 1st Jan – 30th June (2019) 31st Sep 31st 31st March (2019) Dec(2019) (2020)
Change of 6 1 4 0 11 Use/Operational Development
Breach of Condition 0 0 0 1 1
Submission Notices 1 0 0 0 1
Planning Contravention 4 1 1 0 6 Notice
Tree Preservation Order 0 0 0 0 0
Stop Notices 1 0 0 0 1
Temporary Stop Notice 2 1 0 0 3
Total 14 3 5 1 23
Page 39 3.11 Appeals
3.12 For the year 2019/2020, the section had 9 ongoing appeals. Of the 9 appeals the Enforcement section where notified of 8 where in relation to enforcement notices served and 1 appeal related to the non-determination of a Certificate of Lawful Use and Development.
3.13 At the end of March 2020, 5 appeals had been heard with decisions issued on 3 appeal hearings and a further 2 decisions outstanding. The 3 appeal decisions issued by the Planning Appeals Commission upheld the Councils Enforcement notices with amendments. A further 3 appeals where awaiting to be heard at the end of March 2020. The appeal received in relation to the non-determination of a certificated of lawful use was conducted as written representations during this business year with a decision outstanding at the end of March 2020.
3.14 Court Actions
3.15 For the 2019/2020 business year, 4 case has been cleared for summons to court by Planning Committee Member with dates for hearing outstanding.
4 Recommendation
4.1 Members to note the update on the work progress within the Planning Enforcement Section for the business year 2019/2020.
Background Papers
None
Page 40 Agenda Item 8
Title of Report: Officer Presenting: Senior Planning Officer: Enforcement Section Item 13 - Enforcement Review April –June 2020 (1st Quarter) Author: Senior Planning Officer Enforcement Section
1 Purpose of Report/Recommendations
1.1 This report has been compiled to update Members on the progress made by the Planning Enforcement section for the first Quarter of the business year 2020-2021.
2 Background 2.1 Derry City and Strabane District Council has Planning Enforcement powers which are set out in Part 5 of The Planning Act (Northern Ireland) 2011. This gives the Council discretionary power to take Enforcement action against breaches of planning control.
2.2 This review shows the performance of Council’s Planning Enforcement section for the first Quarter of the business year 2020-2021. A breakdown of cases opened and cases closed for the business quarter have been provided and details of the number and type of Enforcement Notices served has been provided. For this business year Council has one target in relation to Enforcement which seeks 70% of Enforcement cases to be brought to a conclusion within 39 working weeks.
3 Live Caseloads
3.1 The Enforcement section started the business year with a caseload of 245 at the beginning of April 2020, which increased to 256 by the end of June 2020. This increase in numbers over the 1st Quarter compared to the previous year is due to restriction put in place as a result of COVID-19 when officers were unable to carry out site inspections except for priority or emergency site visits on TPO sites and Listed Buildings. Site visits resumed in mid-May on a phased basis with outdoor low-risk site visits resuming first.
Page 41 The section saw a slight increase in caseload over the 1st quarter compared to the previous year when the caseload at the end of the 1st quarter of 2019/2020 business year was 245 as shown in Table 1. The Section currently has a live caseload of 253 for the year-to-date.
Table 1: Live Caseload at the end of Quarter 1 2019/2020 and 2020/2021:
2019/20 2020/21
1st Quarter 1st Quarter
April-June April-June 245 256
3.2 New Cases
3.3 From 1st April 2020 to 31st June 2020 the Enforcement section received a total of 36 new cases as shown in Table 2 which is a slight increase from the same quarter in the 2019-2020 business year when the section opened a total of 35 new cases. For the second quarter of the business year-to-date the section has opened 35 new cases.
Table 2: New Cases opened Quarter 1 2019/2020 and 2020/2021
2019/2020 2020/2021 1st 1st Quarter Quarter
April-June April-June 35 36
Page 42 3.4 Case Closures
3.5 For the first quarter of the business year, a total of 15 cases have been closed as shown in Table 3 which is a reduction in closures from the same period in the previous year when the section closed 25 cases.
3.6 A total of 4 cases closed in the first quarter of the business year have had the breach of planning control remedied through negotiation between the Enforcement Officers and the land owner/operator, or the breach has been regularised through the grant of planning permission and compliance with conditions attached. This is a reduction in number for the first quarter in the previous year when the section closed 12 cases through negotiation or the regularisation through the grant of planning permission.
3.7 A further 4 cases closed for the first quarter of the business year were found to have no breach of Planning control onsite when investigated by Enforcement Officers which is a decrease from the previous year when 9 cases where deemed to have no breach of planning control. A total of 5 cases investigated where deemed not expedient to pursue as the breach was minor in nature when investigated which is an increase from the same time the previous year when 4 cases were deemed not expedient to pursue.
3.8 For the first quarter of the business year, 2 cases were closed due to immunity, which is the same as in the first quarter in the previous year when the section closed 2, as they were found to be immune from enforcement action.
3.9 Statistics provided by DFI showed that Council’s Enforcement section closed 12.5% of cases within 39 weeks for the first quarter of the business year 2020-2021 which falls well below the Enforcement target of closing 70% of cases within 39 weeks. The contributing factors are that staff were restricted in visiting and processing the more recent cases to closure, and the majority of cases closed were older cases. Staff and senior management have been engaging in prioritising work plans for the team to move forward now to catch up on the backlog of site visits and actions on the new cases received. This will enable a return to a more balanced approach to concluding cases as we move through quarter two and into quarter three of 2020/2021.
Page 43
Table 3: Cases Closed 1st Quarter 2019/20 and 2020/21.
2019-2020 2020-2021
1st Quarter 1st Quarter
April - June April - June
Not Expedient 4 5
No Breach 9 4
Permission 6 1 Granted
Remedied/ 6 3
Resolved
Immune 0 2
Total 25 15
3.10 Notices Served:
3.11 For the first quarter of the 2020-2021 business year the Enforcement section served a total of 9 notices, 6 of which were Planning Contravention Notices with 1 Enforcement Notice and 1 Stop Notice. This is decrease from the same quarter in the previous year when the section served 14 notices. This drop is due to Covid-19 restrictions whereby there was limited ability to carry out site inspections until mid-May and subsequently action cases.
Table 4: Notices Served
Notice Type 1st Quarter 1st Quarter April –
Page 44 June April – 2019/20 June 2020/21
Change of 6 1 Use/Operational Development
Breach of Condition 0 1
Submission Notices 1 0
Planning Contravention 4 6 Notice
Tree Preservation 0 0 Order
Stop Notices 1 1
Temporary Stop Notice 2 0
Total 14 9
3.12 Appeals
3.13 For the first quarter of the business year and year-to-date, the section had 7 ongoing enforcement appeals. Of the 7 appeals, 4 have been heard with recent decisions on 2 appeals.
Appeal 2018/E0041 for the Alleged unauthorised winning and working of materials, stockpiling of minerals and export of materials; Alleged unauthorised change of use of land for screening and crushing of minerals; Alleged unauthorised erection of cabin used as an office, staff room and toilet; Alleged unauthorised erection of storage unit; Alleged unauthorised ponds; Alleged unauthorised silt lagoons; Alleged unauthorised earth bunds; Alleged unauthorised deposition of waste material, scrap metal and disused vehicles on lands Lands North , South and East of 33 Castlewarren Road, Donemana with the PAC upholding the Councils Enforcement Notice variation. Appeal 2019/E0033 existing development and use of an entrance, access haul road and crossing point connecting the existing sand and gravel pit and washing plant site to the Castlewarren Road. Access point into lands C.360m north east of 35, Castlewarren Road, Donemana, Strabane. This
Page 45 appeal was for the non-determination of a Certificate of Lawful use and development existing. The PAC allowed the Certificate with variations.
Officers are awaiting results from 2 further hearings from the Commission with a further 3 appeals yet to be heard. For the same period:
2015 – the section had no appeals 2016 – the section had 1 appeal ongoing 2017 – the section had 1 appeal ongoing 2018 – the section had 3 appeals ongoing 2019 – the section had 6 appeals ongoing.
3.14 Court Actions
3.15 For the first quarter of the 2020/2021 business year, no cases where taken forward for summons, however for the year-to-date, 3 cases have been agreed by Planning Committee Members for summons to Court, with dates for hearings outstanding.
4 Recommendation
4.1 Members to note the update on the Enforcement Section workloads for the first quarter of the business year 2020/2021.
Background Papers
None
Page 46 Agenda Item 9
Title of Report: Officer Presenting: Principal Planning Officer Item 14: Permitted Development for Agricultural Buildings and Operations Author: Principal Planning Officer
1 Purpose of Report/Recommendations 1.1 To appraise Members on the Permitted Development for Agricultural buildings and Operations.
2 Background
2.1 The Planning (General Permitted Development) Order (NI) 2015 has provision within Part 7 that allows permitted development for agricultural buildings and operations subject to specific criteria.
3 Key Issues
3.1 The Planning (General Permitted Development) Order (NI) 2015 permits development for 37 development types on the Schedule to Article 3 of Order. Part 7 specifically refers to Agricultural Buildings and Operations and permits development for Classes A, B, C and D. Part 7 is included in Appendix 11.
3.2 Part 7 Class A permits development for the carrying out on agricultural land comprised in an agricultural unit of -
(a) works for the erection, extensions or alterations of a building; or
(b) any excavation or engineering operation.
Both (a) and (b) must be reasonably necessary for the purposes of agriculture within that unit.
3.3 Paragraph A.1 lists the specific circumstances (a-i) when development is not permitted. Paragraph A.2 provides interpretation on Class A.
Page 47 3.4 Part 7 Class B permits development for the winning and working on land held or occupied with land used for the purposes of agriculture and any minerals reasonably necessary for agricultural purposes within the agricultural unit of which it forms part. Paragraph B.1 lists when development is not permitted, and B.2 specifies the conditions and B.3 provides interpretation on the wording used.
3.5 Part 7 Class C permits development for the construction, formation, laying out or alteration of a means of access to a road. Para C.1 lists when development is not permitted by Class C.
3.6 Class D permits development for the carrying out on agricultural land comprised in an agricultural unit of works for the erection, extension or alteration of a building or structure for the purpose of:-
(a) the generation (including the co-generation) of energy from anaerobic digestion biomass; or
(b) the storing of digestate
including the works for the installation, alteration or replacement of a flue forming part of an anaerobic digestate system.
Para D.1 lists the specific circumstances when development is not permitted by Class D and para D.2 provides interpretation on Class D.
3.7 Permitted Development is also subject regulations 55 and 66 of the Conservation (Natural Habitats, etc) Regulations (NI) 1995 (a). This means that any permitted development shall not take place until it is demonstrated it is not likely to have a significant effect on a European site or a European offshore marine site (either alone or in combination with other plans or projects).
In practice this means when assessing proposals for permitted development, officers will have to consider if the scheme would require Habitats Regulations Assessment.
3.8 Permitted Development is also subject to (The Planning (Environmental Impact Assessment) Regulations (NI) 2017. Permitted development is not granted for any proposals that would fall into Schedule 1 of the EIA regulations, Schedule 2 developments in a sensitive area, or any proposal exceeding the Schedule 2 thresholds, unless the proposal has been confirmed as not being EIA development under regulation 6 of the EIA regulations, and is not likely to have significant effect on the environment.
Page 48 3.9 If an applicant requires confirmation that an existing or proposed agricultural building or operation is permitted development, they must submit a Certificate of Lawful Use or Development to Council, which is also subject to appeal to the Planning Appeals Commission in the event of refusal or non-determination.
4 Financial, Equality, Legal, HR, Improvement, Rural Needs and other Implications
4.1 Certificates for Lawful Use or Development are subject to the appeals process under the Planning Appeals Commission (PAC) and therefore Council could receive Costs claims in respect of any decision appealed. Equally Council could submit a Costs claim to the PAC if it was considered necessary and appropriate.
5 Recommendations
5.1 Members note the key points and legislative requirements in relation to permitted development for agricultural buildings and operations.
Background Papers
Appendix 11 – The Planning (General Permitted Development) Order (NI) 2015
Part 7 – Agricultural Buildings and Operations
Page 49 This page is intentionally left blank Appendix 11
PART 7AGRICULTURAL BUILDINGS AND OPERATIONS Class A
Permitted A. The carrying out on agricultural land comprised in an development agricultural unit of— (a) works for the erection, extension or alteration of a building; or (b) any excavation or engineering operation;
reasonably necessary for the purposes of agriculture within that unit.
Development A.1 Development is not permitted by Class A if— not permitted (a) the development is on agricultural land less than 0.5 hectares in area; (b) it consists of or includes the erection, extension or alteration of a dwelling; (c) a building, structure or works not designed for the purposes of agriculture is provided on the land; (d) the building or structure to be erected is the first agricultural building on the unit;
(e) the nearest part of any building or structure so erected or extended is more than 75 metres from the nearest part of a group of principal farm buildings; (f) the nearest part of any building or structure so erected or extended is less than 75 metres from a dwellinghouse (other than a dwellinghouse of any person engaged in agricultural operations on that unit);
Page 51 Appendix 11
(g) the ground area to be covered by— (i) any works or structure (other than a fence) for the purposes of accommodating livestock or any plant or machinery arising from engineering operations; or (ii) any building erected or any building as extended or altered; exceeds 500 square metres, calculated as described in paragraph A.2(b); (h) the height of any part of the building, structure or works within 3 kilometres of the perimeter of an airport exceeds 3 metres, or 12 metres in any other case; (i) any part of the development is within 24 metres from the nearest part of a special road, or within 24 metres of the middle of a trunk or a first or second-class road or 9 metres from the middle of other classes of road.
Interpretation of A.2 For the purposes of Class A— Class A (a) the area of 0.5 hectares shall be calculated without taking into account any separate parcels of land; (b) the ground area referred to in A.1(g) is the ground area which the proposed development covers together with the ground area of any building (other than a dwellinghouse) or any works, structure, plant or machinery within the same unit which is being provided by Class A or has been provided within the preceding two years and any part of which is within 75 metres of the proposed development; (c) “agricultural land” has the meaning assigned to it by the Agriculture Act (Northern Ireland) 1949(23);
Page 52 Appendix 11
(d) “agricultural unit” means land which is occupied as a unit for the purposes of agriculture other than fish farming but includes any dwelling house or other building occupied by the same person for the purpose of farming the land by the person who occupies the same unit; (e) “building” does not include anything resulting from engineering operations;
Class B
Permitted B. The winning and working on land held or occupied with development land used for the purposes of agriculture of any minerals reasonably necessary for agricultural purposes within the agricultural unit of which it forms part.
Development B.1 Development is not permitted by Class B if any excavation is not permitted within 24 metres of the nearest part of a special road or within 24 metres of the middle of a trunk or a first or second- class road or 9 metres from the middle of other classes of road.
Conditions B.2 Development is permitted by Class B subject to the conditions— (a) that no mineral extracted during the course of the operation shall be moved to any place outside the land from which it is extracted, except to land which is held or occupied with that land and is used for the purposes of agriculture;
(b) the surface of the land shall be levelled and any topsoil replaced as the uppermost layer; (c) the land shall so far as practicable be restored to its former condition before the extraction took place.
Interpretation of B.3 For the purposes of Class B the expression “purposes of
Page 53 Appendix 11
Class B agriculture” includes fertilizing the land used for the purposes of agriculture, and the maintenance, improvement or alteration of any buildings, structures or works occupied or used for such purposes on land so used.
Class C
Permitted C. The construction, formation, laying out or alteration of a development means of access to a road.
Development C.1 Development is not permitted in Class C if— not permitted (a) it is required in connection with development for which a planning application is necessary under Part 3 of the 2011 Act; or (b) the land is within a site of archaeological interest.
Class D
Permitted D. The carrying out on agricultural land comprised in an development agricultural unit of works for the erection, extension or alteration of a building or structure for the purpose of— (a) the generation (including the co-generation) of energy from anaerobic digestion of biomass; or (b) the storing of digestate; including works for the installation, alteration or replacement of a flue forming part of the anaerobic digestion system.
Development D.1 Development is not permitted by Class D if— not permitted (a) the development is on agricultural land less than 0.5 hectares in area; (b)
Page 54 Appendix 11 it consists of or includes the erection, extension or alteration of a dwelling; (c) a building, structure or works not designed for the purposes of anaerobic digestion is provided on the land; (d) the nearest part of any building or structure so erected or extended is more than 75 metres from the nearest part of a group of principal farm buildings;
(e) the nearest part of any building or structure so erected or extended is less than 75 metres from a dwellinghouse (other than a dwellinghouse of any person engaged in agricultural operations on that unit); (f) the ground area to be covered by any building or structure erected or any building or structure as extended or altered, would exceed 500 square metres, calculated as described in paragraph D.2(a);
(g) the height of any part of the building, structure or works within 3 kilometres of the perimeter of an airport exceeds 3 metres, or 12 metres in any other case; (h) any part of the development is within 24 metres from the nearest part of a special road, or within 24 metres of the middle of a trunk or a first or second-class road or 9 metres from the middle of other classes of road;
(i) the total capacity of the anaerobic digestion system exceeds— (i) 200 kilowatts in relation to the generation of electricity; and (ii)
Page 55 Appendix 11
285 kilowatts thermal in relation to the production of heat; (j) feedstock not produced on land within the agricultural unit is used in the anaerobic digestion system; (k) feedstock not produced on land within the agricultural unit is stored within that unit; (l) it would result in more than one anaerobic digestion system within the agricultural unit.
Interpretation of D.2 For the purposes of Class D— Class D (a) the ground area referred to in D.1(f) is the ground area which the proposed development covers together with the ground area of any building or structure previously provided for the purposes of anaerobic digestion; (b) “agricultural land” has the meaning assigned to it by the Agriculture Act (Northern Ireland) 1949; (c) “agricultural unit” means land which is occupied as a unit for the purposes of agriculture other than fish farming but includes any dwellinghouse or other building occupied by the same person for the purpose of farming the land by the person who occupies the same unit.
Page 56 Agenda Item 10
Title of Report: Officer Presenting: Principal Planning Officer Item 15: Update on Ammonia Emitting Projects following correspondence from Author: Principal Planning Officer Friends of the Earth
1 Purpose of Report/Recommendations
1.1 To appraise Members on the position regarding the assessment of planning applications that require the appropriate assessment of ammonia emissions, following receipt of correspondence from Friends of the Earth on 14th August 2020 (Appendix 12).
2 Background
2.1 Friends of the Earth (FoE) wrote to Council on 14th August 2020 setting out their view regarding the position on ammonia issue as outlined by the Minister for Agriculture, Environment and Rural Affairs to Mid and East Antrim Council on 22nd July 2020. Both letters are attached in Appendix 12.
3 Key Issues
3.1 Members of the Planning Committee have received previous updates from Officers regarding the ongoing issue of how ammonia emitting projects are assessed by both NIEA and Shared Environmental Services (SES) (Appendix 13). This remains the current position to date.
Page 57 3.2 Officers understand that a revised operational policy is being currently prepared by NIEA (DAERA) which will be issued in draft format for public consultation in October 2020 as indicated at the recent Strategic Planning Group. Heads of Planning were also advised that a consultation period would follow which should extend to all parties including Councils. In the interim Council will continue to receive advice from both NIEA and SES in relation to all ammonia emitting projects, as outlined in the previous paper to Members dated 24th March 2020. There are approximately 15 current cases in the system whereby ammonia emissions are part of the consideration and Officers will continue to progress those cases when the consultees have fully responded on the issues.
4 Financial, Equality, Legal, HR, Improvement, Rural Needs and other Implications
4.1 There are no financial implications on this update paper.
5 Recommendations
5.1 Members note the update paper providing the context and background to the correspondence received from FoE on 14th August 2020.
Background Papers
Appendix 12 – Correspondence from FoE 14th August 202, incorporating letter to Mid and East Antrim Council from Minister of Agriculture, Environment and Rural Affairs dated 22nd July 2020.
Appendix 13 – Previous Member Update papers - 24th March 2020 and 6th November 2019
Page 58
FAO - Ms Maura Fox Head of Planning Derry City and Strabane District Council C/o Council Offices 98 Strand Road
Derry BT48 7NN
14 August 2020
BY EMAIL – URGENT
Dear Sirs,
NIEA OPERATIONAL POLICY ON AMMONIA EMITTING PROJECTS
We refer to the above matter recently discussed at the Mid and East Antrim Council Meeting on 3 August 2020.
You will of course be aware that a discrepancy about the appropriate policy to apply to planning decisions concerning ammonia emitting projects arose when Shared Environmental Services adjusted its policy to reflect a much lower threshold of permitted ammonia emissions. This revised policy was subsequently withdrawn subject to legal challenge.
In an effort to clarify what policy now prevails, Mid and East Antrim wrote to the Department of Agriculture, Environment and Rural Affairs seeking clarification on the appropriate protocol to apply when assessing the impact of ammonia emitting developments on protected sites.
Friends of the Earth have concerns over the implications of the response received by DAERA (attached for ease of reference) for local government as a competent authority in making planning decisions concerning this specific type of ammonia emitting development.
As such, this letter has been sent to all Councils in Northern Ireland.
THE NORTHERN IRELAND AMMONIA CRISIS AND ITS EFFECT ON PUBLIC HEALTH
Ammonia (NH3) is an air pollutant largely emitted from agriculture which is known to have a damaging impact on biodiversity, including sensitive habitats and ecosystem resilience as well as human health. It is produced by many common farming activities such as the housing of livestock, the storage and spreading of manure and slurries and the application of fertiliser. Ammonia emitted into the air is subsequently deposited as nitrogen onto land and water surfaces. These nitrogen deposits can travel many miles from the original ammonia source.
Page 59
Friends of the Earth Northern Ireland, 7 Donegall Street Place, Belfast, BT1 2FN. Tel: 02890 233 660
Excessive ammonia emissions can also lead to increases in particulate matter which is associated with human health impacts.
Most of Northern Ireland, including our designated sites and other priority habitats are receiving levels of nitrogen which are significantly above their critical load, the concentration at which significant ecological damage occurs.
STATUTORY CONSULTEES POLICY REVIEW AND RESULTING UNCERTAINTY
In his correspondence addressed to the Chief Executive of Mid and East Antrim Borough Council dated 22 July 2020 (attached), Minister Poots confirmed that the current NIEA operational policy on ammonia emitting projects is subject to ongoing review and a new protocol would not be in place until the Autumn.
In the absence of a new policy, determinations made under this old policy have been termed by NIEA officials at a number of Planning Appeals Commission hearings as “vulnerable to legal challenge”.
As a result, the ongoing review of this policy renders NIEA’s existing policy on ammonia emitting projects incapable of providing scientific certainty to competent authorities.
THE PRECAUTIONARY PRINCIPLE
The law is clear about what stance competent authorities should adopt under these circumstances.
The precautionary principle states that a competent authority must establish beyond scientific doubt that there will be no significant harm caused by a development on protected sites before it is given approval. This approach is confirmed at paragraph 57 of the “Waddenzee” Judgement (ECJ C127/02) and was discussed in a Northern Ireland context in Friends of the Earth’s Lough Neagh case heard in the Court of Appeal (2017 NICA 41).
The Orleans v Vlaams Gewest Case 2017 (Case C-187/15 Env LR 12 at [48]-[52]) states that a statutory authority must not grant planning permission unless it is “certain” on the basis of the “best scientific knowledge in the field” that the proposed development would not adversely affect the integrity of the designated site within the meaning of the habitats regulations.
Furthermore, an appropriate assessment will be unlawful if “it contains gaps and lacks complete, precise and definitive findings and conclusions capable of removing all reasonable scientific doubt as to the effect of the works proposed (Case C404-09 Commission v Spain [2011] ECR I-11853).
Effectively, for a development of this nature to attain approval from a statutory authority, there cannot be “lacunae” in the scientific evidence (C323/17) People Over Wind v Coillte Teoranta [2018] Env LR 31 at par[38].
The vulnerability of NIEA’s current operating policy coupled with the fact that it is under review represents significant scientific doubt or “lacunae” in the evidence over the effects of ammonia emitting developments on sensitive receptor sites within the meaning of the habitats regulations. Moreover, a policy under review does not represent the “best scientific knowledge in the field” within the meaning of the Orleans v Vlaams Gewest caselaw.
When a statutory authority is faced with such obvious scientific doubt the precautionary principle must apply. To quote the European Court of Justice in Waddenzee, “…where doubt remains as to the absence of adverse effects on the integrity of the site linked to the plan or project being considered, the competent authority will have to refuse authorisation”.
Page 60
Friends of the Earth Northern Ireland, 7 Donegall Street Place, Belfast, BT1 2FN. Tel: 02890 233 660
STATUTORY DUTY OF PUBLIC AUTHORITIES
Under the Wildlife and Natural Environment Act (Northern Ireland) 2011 all public authorities in Northern Ireland have a statutory duty to protect designated sites and priority habitats. You will also be aware that to permit the carrying out of operations which damages any of the flora, fauna or geological or physiographical features of an Area of Special Scientific Interest may be found guilty of a criminal offence.
Given the scientific doubt and lacunae in evidence as a result of NIEA’s policy review, there is no certainty that such sensitive sites will not be adversely affected by these developments and the precautionary principle must apply.
In light of the foregoing, the approval of such applications would be unlawful.
Please note that we intend to send correspondence to the Department outlining this position.
Yours faithfully,
Laura Neal Solicitor Friends of the Earth Northern Ireland
Page 61
Friends of the Earth Northern Ireland, 7 Donegall Street Place, Belfast, BT1 2FN. Tel: 02890 233 660
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From: 01/09/2020 To: 30/09/2020
No. of Applications: 108
Reference Location Proposal Date Application Number Decision Status Issued
LA11/2017/0233/F 65m North of 11 Crew Road Erection of free range poultry 29/09/2020 PERMISSION Fyfin house with 2 no feed bins GRANTED Strabane washing collection tank, standby
Page 89 Page generator building, litter storage shed and associated siteworks (to contain 16000 free range egg laying hens) LA11/2017/1092/LB 9 Shipquay Street External restoration works to 18/09/2020 PERMISSION Derry facades and roof, internal re- GRANTED N.Ireland ordering to provide commercial BT48 6DJ unit at ground level with 5 no apartment above LA11/2018/1205/F Land to the East of the existing 4 No. single storey retail units 14/09/2020 PERMISSION Whitehouse Retail Park and associated car parking within GRANTED
65 Buncrana Road vacant land. Proposal also Agenda Item 11 BT48 8LB includes a new access to be adjacent to / rear of 1-6 located between rear of No.1 (inclusive) Temple Court Temple Court & No.6 Upper BT48 8DR Galliagh Road (access being & adjacent to / South West of taken from Upper Galliagh Road) 6 Upper Galliagh Road BT48 8LW
Page 1 of 23 Planning Applications Decisions Issued
From: 01/09/2020 To: 30/09/2020
No. of Applications: 108
Reference Location Proposal Date Application Number Decision Status Issued
LA11/2019/0133/F Land adjacent to 60A Scraghy Proposed dwelling and domestic 15/09/2020 PERMISSION Road garage. GRANTED Killen Castlederg BT81 7SL LA11/2019/0559/O 140m South West of 1 Dwelling and garage on the farm. 07/09/2020 PERMISSION Page 90 Page Kittybane Road GRANTED Newbuildings Derry LA11/2019/0637/F Site 5 Ricardo's Wood Proposed two storey dwelling and 29/09/2020 PERMISSION garage GRANTED Sion Mills
Co Tyrone. BT82 9TS LA11/2019/0664/F 86 Duke Street Proposed change of use from 28/09/2020 PERMISSION Derry electrical shop into fast food GRANTED BT47 6DQ takeaway LA11/2019/0766/F 22 Bonds Street Proposed conversion of first floor 30/09/2020 PERMISSION L'Derry & Ebrington Street store into a self contained GRANTED apartment LA11/2019/0769/O Adjacent to & NW of 32 Proposed site for new dwelling 09/09/2020 PERMISSION Learmore Road GRANTED Castlederg Co Tyrone
Page 2 of 23 Planning Applications Decisions Issued
From: 01/09/2020 To: 30/09/2020
No. of Applications: 108
Reference Location Proposal Date Application Number Decision Status Issued
LA11/2019/0823/F 15 Duncastle Road Demolition of existing property & 08/09/2020 PERMISSION Newbuildings erection of 2no. chalet bungalows GRANTED Derry LA11/2019/0861/F Lands opposite 24 Church Proposed split level detached 14/09/2020 PERMISSION View dwelling GRANTED Donemana LA11/2019/0865/O Approx. 190m NE of 99A Proposed outline for a farm 24/09/2020 PERMISSION Page 91 Page Landahussy Road dwelling GRANTED Plumbridge Omagh BT79 8EW LA11/2019/0876/F 160m west of 214 Altinure Replacement Dwelling 09/09/2020 PERMISSION Road GRANTED L'Derry BT47 4DQ LA11/2019/0898/F 217 Victoria Road Proposed replacement dwelling 29/09/2020 PERMISSION Bready and domestic garage GRANTED BT82 0EB
Page 3 of 23 Planning Applications Decisions Issued
From: 01/09/2020 To: 30/09/2020
No. of Applications: 108
Reference Location Proposal Date Application Number Decision Status Issued
LA11/2019/0954/F 24 Springtown Business Park Variation of Condition 4 of 09/09/2020 PERMISSION Northland Road Planning Permission A/ GRANTED Londonderry 2007/0108/F (as amended by BT48 0GY Planning Permission A/ 2010/0007/F) to state 'Prior to occupation OF UNIT 3, the road
Page 92 Page works to the Balliniska Road/ Springtown Park junction, as generally indicated on Drawing 03 Rev1 shall be implemented to the satisfactory of the Local Planning Authority (LPA). prior to occupation of unit 4, the applicant shall submit in writing a request to the LPA to consider whether any additional works are required at the Ballinska/Springtown Park junction prior to Unit 4 becoming operational. LA11/2019/1043/O Immediately West of 156 Site for infill dwelling and garage 09/09/2020 PERMISSION Lisnaragh Road GRANTED Strabane BT82 0SA LA11/2019/1045/O Immediately east of 152 Site for infill dwelling and garage 09/09/2020 PERMISSION Lisnaragh Road GRANTED Strabane BT82 0SA
Page 4 of 23 Planning Applications Decisions Issued
From: 01/09/2020 To: 30/09/2020
No. of Applications: 108
Reference Location Proposal Date Application Number Decision Status Issued
LA11/2019/1067/F Existing barns 1&2 on site Proposed conversion of 2No. 07/09/2020 PERMISSION 260M. N.E. of No. 45 existing barns to 2No. 2 bed GRANTED Heathfield Road houses on existing farm Claudy LA11/2020/0039/F Immediately SE of existing Proposed extension to the 30/09/2020 PERMISSION factory at 54 Monadore Road existing factory to accommodate GRANTED Claudy new manufacturing & finishing Page 93 Page Co Derry lines. BT47 4DP LA11/2020/0074/O Site Between 98+102 Proposed 2No. infill dwellings 07/09/2020 PERMISSION Dunnyboe Road GRANTED Donemana LA11/2020/0078/F Adjacent to and South of 18 This is a section 54 application 30/09/2020 PERMISSION Birch Road applicable to Planning Approval GRANTED Tamnymore ref. LA11/2019/0983/O for a Cross dwelling and detached domestic Londonderry garage seeking variation of BT47 3ES condition 2 to increase the ridge height of the dwelling from less than 5.5metres above finished floor level to 7.0 metres above finished floor level LA11/2020/0093/D 24 Park Road Discharge of Condition 2 of 15/09/2020 CONDITION Strabane reference number DISCHARGE BT82 8DL LA11/2018/1008/F D
Page 5 of 23 Planning Applications Decisions Issued
From: 01/09/2020 To: 30/09/2020
No. of Applications: 108
Reference Location Proposal Date Application Number Decision Status Issued
LA11/2020/0103/F Ness Country Park Supplementary accessible toilet 28/09/2020 PERMISSION 50 Oughtagh Road block (including male and female GRANTED Killaloo units) for use by country park Co Derry visitors during times when the BT47 3TR park is open to the public but the visitor centre building is closed Page 94 Page LA11/2020/0112/R 80m South West of 36 Erection of two storey 29/09/2020 PERMISSION Letterbrat Road replacement dwelling GRANTED Plumbridge Omagh Co. Tyrone BT79 8DX LA11/2020/0150/F Lands to the east of 15 Main Proposed pedestrian crossing 24/09/2020 PERMISSION Street point within car park area, GRANTED Killeter adjustment of existing access Co. Tyrone and gates, replacement of BT81 7EL existing bench with new hardwood bus shelter including built in bench and close boarded timber screen fence, replacement of existing display board, provision of a double sided clock face on pillars and general hard landscaping improvements LA11/2020/0195/O Approx. 35M. South of 56 Proposed infill site for dwelling 18/09/2020 PERMISSION Cavan Road GRANTED Castlederg Tyrone
Page 6 of 23 Planning Applications Decisions Issued
From: 01/09/2020 To: 30/09/2020
No. of Applications: 108
Reference Location Proposal Date Application Number Decision Status Issued
LA11/2020/0221/O Lands Adjacent to 97 New dwelling and domestic 09/09/2020 PERMISSION Moorlough Road garage GRANTED Glenmornan Strabane (with new access onto Crockan Road) LA11/2020/0230/F Unit 3b Retention of 1 No. Biomass 15/09/2020 PERMISSION Page 95 Page Spamount Mills 99KW boiler with ancillary fitting GRANTED Mill Avenue and pellet storage at existing Castlederg storage structure. BT81 7NB LA11/2020/0232/F 195 Lower Main Street Retention of prefabricated office 25/09/2020 PERMISSION Strabane building GRANTED LA11/2020/0240/R 8 Dorchester Park Proposed single storey detached 08/09/2020 PERMISSION L'Derry dwelling GRANTED BT47 5NZ LA11/2020/0242/R 10 Edenreagh Road Proposed one & a half storey 28/09/2020 PERMISSION L'Derry replacement dwelling and single GRANTED BT47 3AS storey detached garage LA11/2020/0245/F Site 110m south east of 23 Proposed storey and a half 14/09/2020 PERMISSION Ballynaloan Road dwelling and detached garage. GRANTED Castlederg (Change of house type from previous approval J/2008/0467/ RM)
Page 7 of 23 Planning Applications Decisions Issued
From: 01/09/2020 To: 30/09/2020
No. of Applications: 108
Reference Location Proposal Date Application Number Decision Status Issued
LA11/2020/0250/R 40m west of 6 Folliard Road Proposed site for dwelling and 07/09/2020 PERMISSION Sion Mills garage GRANTED Strabane BT82 9LU LA11/2020/0263/O Lands Approx. 140m West of Proposed site for farm dwelling 30/09/2020 PERMISSION 54 Slaughtmanus Road and garage GRANTED Page 96 Page Derry LA11/2020/0288/F 28 Aberfoyle Proposed flat roof rear & side 16/09/2020 PERMISSION Crescent extension with part single storey GRANTED Derry to rear & part 2 storey to rear and BT48 7PG side elevation of existing dwelling house and including internal amendments to existing layout LA11/2020/0290/F 4 Oakfield Crescent Single storey side & rear 24/09/2020 PERMISSION Derry extension to dwelling (Amended GRANTED BT48 9BE Description) LA11/2020/0319/O Lands west of 53 Clooney Proposed site for dwelling and 28/09/2020 PERMISSION Road garage GRANTED L'Derry BT47 6TL LA11/2020/0333/LD49 Argyle Street Change of use from dwelling 18/09/2020 PERMITTED Derry house into a house of multiple DEVELOPME BT48 7JJ occupation (HMO) NT LA11/2020/0352/O Approx. 100metres NNE of No. Proposed dwelling and detached 01/09/2020 PERMISSION 25 Bradkeel Road garage GRANTED Plumbridge
Page 8 of 23 Planning Applications Decisions Issued
From: 01/09/2020 To: 30/09/2020
No. of Applications: 108
Reference Location Proposal Date Application Number Decision Status Issued
LA11/2020/0365/O Approx 40m E of 17 Proposed dwelling and garage 09/09/2020 PERMISSION Drumlegagh Church Road GRANTED Drumlegagh Co Tyrone BT78 4HF LA11/2020/0377/F 3 Emerson Gardens Proposed single storey side 25/09/2020 PERMISSION Waterside bedroom/shower room extension GRANTED Page 97 Page L'Derry to domestic dwelling and level access ramp LA11/2020/0382/F 178 Highmoor Road Proposed single storey rear 16/09/2020 PERMISSION L'Derry 'granny flat' extension to dwelling GRANTED BT78 3HS and conversion of garage to bedroom & bathroom LA11/2020/0393/R 250m north of 80 Carrickayne Proposed 1no single storey 28/09/2020 PERMISSION Road dwelling house GRANTED Tornogue Claudy LA11/2020/0398/F 50 The Beeches Proposed first floor extension to 30/09/2020 PERMISSION Drumahoe dwelling (raising the roof 1.4m) GRANTED L'Derry BT47 3XS LA11/2020/0411/F 13 The Diamond Proposed rear extension to 09/09/2020 PERMISSION Castlederg chemist GRANTED BT81 7AR
Page 9 of 23 Planning Applications Decisions Issued
From: 01/09/2020 To: 30/09/2020
No. of Applications: 108
Reference Location Proposal Date Application Number Decision Status Issued
LA11/2020/0420/F Existing Telecoms installation Proposed addition of 3no new 29/09/2020 PERMISSION on rooftop of Embassy Building antenna at 29m (AGL) on the GRANTED 3 Strand Road existing antenna support poles Derry plus all other ancillary equipment BT48 7BH to include feeder cables and remote radio units Page 98 Page LA11/2020/0424/A Building 3 Building tenant signage (AXA) to 09/09/2020 PERMISSION Springtown Business Park include the following: GRANTED Northland Road -Floodlight illuminated entrance Derry totem tenant signage BT48 0GY -Internal backlight illuminated wall-mounted tenant signage and -Internal face illuminated roof- mounted tenant signage LA11/2020/0425/D Site of former Ebrington Discharge of Condition 9 of 11/09/2020 CONDITION Primary School reference number DISCHARGE Lands south of Glendermott LA11/2019/0383/F - Report and D Cricket Club evidence of NIEA License and Derry demolition process BT47 6ES LA11/2020/0435/R Site 40m south of 73 Proposed storey & half dwelling 09/09/2020 PERMISSION Ballyheather Road and domestic garage GRANTED Strabane BT82 0BS LA11/2020/0437/F 3 Brookview Glen Proposed single storey rear 16/09/2020 PERMISSION Eglinton extension to dwelling GRANTED BT47 3GW
Page 10 of 23 Planning Applications Decisions Issued
From: 01/09/2020 To: 30/09/2020
No. of Applications: 108
Reference Location Proposal Date Application Number Decision Status Issued
LA11/2020/0443/F 87 Primity Crescent Single storey detached store at 24/09/2020 PERMISSION Newbuildings side of house GRANTED Londonderry BT47 2QZ LA11/2020/0448/F VM Londonderry T0480 The proposal is to install 1No. 08/09/2020 PERMISSION Unit 29 Springtown Industrial condenser unit to South West GRANTED Estate elevation Page 99 Page Pennyburn Londonderry County Londonderry Northern Ireland BT48 0LY LA11/2020/0456/F Whitehorse Hotel Internal refurbishment to hotel 16/09/2020 PERMISSION 68 Clooney Road bar & restaurant areas with new GRANTED Campsie exit doors and glazed screen with L'Derry doors to patio area BT47 3PA LA11/2020/0457/F 3 Hawthorn Park Proposed ramp to rear of 07/09/2020 PERMISSION Castlederg dwelling GRANTED Co Tyrone BT81 7BX LA11/2020/0471/F 178b Lecky Road Change of use from Taxi 30/09/2020 PERMISSION Derry Dispatch Office to a Youth Club GRANTED BT48 6NP (Inc. refurbishment, new compliant ramp and handrail, 1.6m x 1.8m front canopy, disabled toilet and kitchenette)
Page 11 of 23 Planning Applications Decisions Issued
From: 01/09/2020 To: 30/09/2020
No. of Applications: 108
Reference Location Proposal Date Application Number Decision Status Issued
LA11/2020/0473/O 75M. South of 8 Sallowilly Proposed dwelling and garage on 15/09/2020 PERMISSION Road a farm GRANTED Dunamanagh Strabane BT82 0QH
Page 100 Page LA11/2020/0477/F 67 Dellwood Proposed first floor extension to 24/09/2020 PERMISSION Eglinton existing dwelling to provide GRANTED Derry bedroom and ensuite BT47 3XF
Page 12 of 23 Planning Applications Decisions Issued
From: 01/09/2020 To: 30/09/2020
No. of Applications: 108
Reference Location Proposal Date Application Number Decision Status Issued
LA11/2020/0479/LDLands off Lower Airfield Road Use of site as Road Safety/Hub 29/09/2020 PERMITTED Gate 12 with motor vehicle, motorcycle DEVELOPME City of Derry Airport (CODA) and bicycle training/driving from NT Eglinton age of 10 years to enhance Derry driving skills, improve road BT47 3PZ safety, prevent anti-social activity and racing on public roads; Page 101 Page Retention of boundary fence
Retention of operational development - movable structures to construct variable driving circuits, such as tyres, cones, portable traffic lights system, roundabout, water-filled barriers
Retention of parking and storage of vehicles used in association with the Cruise Centrre
Retention of temporary toilet facilities LA11/2020/0482/F 40 Parklands Proposed single storey rear 25/09/2020 PERMISSION L'Derry extension to dwelling GRANTED BT47 6YS
Page 13 of 23 Planning Applications Decisions Issued
From: 01/09/2020 To: 30/09/2020
No. of Applications: 108
Reference Location Proposal Date Application Number Decision Status Issued
LA11/2020/0483/F 23a Lowertown Road Proposed single storey rear 18/09/2020 PERMISSION Ballymagorry extension, single storey gable GRANTED Strabane extension and stone cladding to BT82 0LE existing front porch LA11/2020/0484/F 51 Owenreagh Drive Proposed ramped access to front 09/09/2020 PERMISSION Page 102 Page Strabane door GRANTED BT82 9DR LA11/2020/0487/F Donemana Primary School Proposed alterations and single 09/09/2020 PERMISSION 31 Longland Road storey extension to existing GRANTED Donemana primary school kitchen facilities. Strabane BT82 0PH LA11/2020/0488/F 74 Greenville Road Single storey sun lounge to side 25/09/2020 PERMISSION Crew Bridge of existing dwelling. GRANTED Castlederg Co Tyrone BT81 7NU LA11/2020/0494/F 3 Locarden Single storey rear extension & 28/09/2020 PERMISSION Culmore internal alterations to create open GRANTED Derry plan kitchen, living & dinning BT48 8RP space. LA11/2020/0498/LDLocated Upon Lands The certificate of development is 28/09/2020 PERMITTED Approximately 53m South East sought for the erection of an On- DEVELOPME of 19a Backhill Road farm Agricultural Building. Please NT Eglinton refer to the supporting planning Gortagherty statement for the description, Londonderry process and justification of this BT47 3JR agricultural certificate proposal
Page 14 of 23 Planning Applications Decisions Issued
From: 01/09/2020 To: 30/09/2020
No. of Applications: 108
Reference Location Proposal Date Application Number Decision Status Issued
LA11/2020/0499/F 102 Castlegrange Park Proposed single storey 24/09/2020 PERMISSION Strabane extensions to existing dwelling to GRANTED BT82 9WD consist of new kitchen to the rear and new living room, sunroom and utility to the side LA11/2020/0502/F No. 15 Dunraven Park Proposed single storey rear 25/09/2020 PERMISSION Foyle Springs extension to dwelling. GRANTED
Page 103 Page Derry BT48 0NP LA11/2020/0503/F 21 Ardlough Road Proposed single storey side 30/09/2020 PERMISSION Derry extension to allow bedroom and GRANTED BT47 5SW ensuite. Proposed pitched roof conversion over garage to incorporate children's play space in attic LA11/2020/0509/F No. 74 Brookview Glen Proposed single storey rear 28/09/2020 PERMISSION Eglinton extension to existing dwelling GRANTED Co. Derry house BT47 3GW LA11/2020/0511/F 102 Glenshane Road 1 storey extension to rear of 30/09/2020 PERMISSION Drumahoe dwelling GRANTED Londonderry BT47 3SG
Page 15 of 23 Planning Applications Decisions Issued
From: 01/09/2020 To: 30/09/2020
No. of Applications: 108
Reference Location Proposal Date Application Number Decision Status Issued
LA11/2020/0521/D Site of former Ebrington Discharge of Condition 10 29/09/2020 CONDITION Primary School regarding submission of a Final DISCHARGE Lands south of Glendermott Drainage Assessment of D Cricket Club previously approved application Derry LA11/2019/0383/F
Page 104 Page BT47 6ES LA11/2020/0522/F 24 Main Street Change of use from hairdressing 25/09/2020 PERMISSION Newtownstewart salon (class A1) to pool hall GRANTED Co. Tyrone (class D2) LA11/2020/0525/F 2 Robin's Row Single storey rear extension to 07/09/2020 PERMISSION The Beeches dwelling to provide sun lounge GRANTED Drumahoe BT47 3GU LA11/2020/0527/F 7 Monnaboy Road Proposed single storey extension 07/09/2020 PERMISSION Eglinton to rear of existing dwelling. Part GRANTED BT47 3AZ conversion of existing agricultural building to form part of the dwelling
Page 16 of 23 Planning Applications Decisions Issued
From: 01/09/2020 To: 30/09/2020
No. of Applications: 108
Reference Location Proposal Date Application Number Decision Status Issued
LA11/2020/0530/N Zones B & C at Galliagh Phase 1. Zone B: Reduce junction 18/09/2020 NON 4 radius and provide 2 no. MATERIAL Between Skeoge Road (A515) additional communal parking CHANGE and Lower Galliagh Road spaces. Proposal has already GRANTED Derry been accepted by DFI Roads. BT48 8UE/8UF 2. Zone B & C, Apartment A3: Add window above entrance stair
Page 105 Page access to first floor apartment. 3. Zone B: Apartment A3: Enclose bin store in facing brick to match boundary walls and all other apartment bin stores already approved as part of this application and adjoining Phase 4A. 4. Zone C: Partial change of boundary type to 1500mm high railing from brick wall/pier/railing infill to front of 4 no. units. 5. Zone C: Add stepped access to 4. no units to allow front access from Lower Galliagh Road, as per units either side where level access is approved, to ensure equal facility is available to all units.
Page 17 of 23 Planning Applications Decisions Issued
From: 01/09/2020 To: 30/09/2020
No. of Applications: 108
Reference Location Proposal Date Application Number Decision Status Issued
LA11/2020/0532/F 1 Woodside Park Proposed single storey family 25/09/2020 PERMISSION Kittybane room extension to rear of existing GRANTED Newbuildings dwelling Derry BT47 2RE
Page 106 Page LA11/2020/0534/F 150 Woodbrook Single storey flat roof side 25/09/2020 PERMISSION Derry extension to extend existing GRANTED BT48 8FG kitchen/dining. Access door provided to new flat roof LA11/2020/0535/F 19 Garvan Court Proposed 2 storey side extension 24/09/2020 PERMISSION Glebe with minor internal alterations to GRANTED Sion Mills existing dwelling BT82 9WE LA11/2020/0542/D 1 Rossdowney Park & 10 Discharge of condition No. 16 of 14/09/2020 CONDITION Rossdowney Road Planning application DISCHARGE Waterside LA11/2018/0343/F Construction D Londonderry Environmental Management Plan Co. Londonderry BT47 5NR LA11/2020/0544/D 1 Rossdowney Park & 10 Discharge of condition No. 17 of 14/09/2020 CONDITION Rossdowney Road planning application DISCHARGE Waterside LA11/2018/0343/F - Odour D Londonderry Assessment Co. Londonderry BT47 5NR
Page 18 of 23 Planning Applications Decisions Issued
From: 01/09/2020 To: 30/09/2020
No. of Applications: 108
Reference Location Proposal Date Application Number Decision Status Issued
LA11/2020/0546/F 4 Rotherwood Drive Single storey extension to rear & 07/09/2020 PERMISSION Kilfennan side of property to extend GRANTED Derry kitchen/dining room, Front BT47 5SY entrance door relocated to new extension LA11/2020/0553/F Altnagelvin Hospital Extension to existing accident 24/09/2020 PERMISSION Glenshane Road and emergency department at GRANTED
Page 107 Page L'Derry Altnagelvin Hospital to form new BT47 6SB temporary emergency department and associated accommodation site works LA11/2020/0556/LD25 Aberfoyle Terrace Change of use from dwelling 09/09/2020 PERMITTED house to House in Multiple DEVELOPME Occupation (HMO) NT LA11/2020/0564/F 10 Aghnamore Park Proposed single storey rear 14/09/2020 PERMISSION Strathfoyle bedroom and shower room GRANTED L'Derry extension LA11/2020/0565/F 99 Melmount Road Single storey side extension to 25/09/2020 PERMISSION Strabane existing dwelling GRANTED BT82 9PX LA11/2020/0566/F 68 Baronscourt Road Provision of ramp to side and 18/09/2020 PERMISSION Newtownstewart front of existing dwelling GRANTED BT78 4EZ LA11/2020/0570/F 4 Riverview Proposed 2 storey rear extension 28/09/2020 PERMISSION Londonderry to dwelling with proposed GRANTED BT48 7SW detached studio space.
Page 19 of 23 Planning Applications Decisions Issued
From: 01/09/2020 To: 30/09/2020
No. of Applications: 108
Reference Location Proposal Date Application Number Decision Status Issued
LA11/2020/0572/LDSite south of 39 Lisdoo Road Building 285m of overhead 02/09/2020 PERMITTED and north west of 103 Orchard electrical cable installing a DEVELOPME Road 16KVA transformer (11,000V) NT Strabane and 130m of under ground cable (230V)
Page 108 Page LA11/2020/0574/D Part of vacant premises at 6 Discharge of Condition No 21 29/09/2020 CONDITION Springtown Drive (culvert design) from previous DISCHARGE Springtown Industrial Estate approval of application D Derry LA11/2018/0189/F. BT48 0LY vacant site to the South East bounded by Springtown Road and Buncrana Road and junction of Springtown Road and Buncrana Road LA11/2020/0575/F Dunamanagh Medical Practice Side extension to provide 4 29/09/2020 PERMISSION 256 Berryhill Road additional clinical rooms, office GRANTED Donemana and sub-waiting area. Strabane BT82 0NB LA11/2020/0576/F 245 Ivy Mead Proposed single storey detached 16/09/2020 PERMISSION Altnagelvin domestic garage (with internal GRANTED Londonderrry utility space) BT47 3WZ LA11/2020/0578/R Immediately north west of 60 Proposed single storey dwelling 18/09/2020 PERMISSION Ervey Road and detached domestic garage GRANTED Cross L'Derry
Page 20 of 23 Planning Applications Decisions Issued
From: 01/09/2020 To: 30/09/2020
No. of Applications: 108
Reference Location Proposal Date Application Number Decision Status Issued
LA11/2020/0581/F 17 Beechleigh Park Single storey rear kitchen/ 30/09/2020 PERMISSION Eglinton bathroom/utility room extension GRANTED L'Derry to existing domestic dwelling LA11/2020/0588/N Site opposite Nos. 15 Change to boundary treatment. 24/09/2020 NON 17 & 19 Lower Galliagh Road MATERIAL Derry CHANGE BT48 8LN GRANTED Page 109 Page LA11/2020/0589/R Lands between 10 & 12 Proposed dwelling and garage 14/09/2020 PERMISSION McLean Road GRANTED L'Derry LA11/2020/0591/F No. 86 William Street Proposed single storey side 25/09/2020 PERMISSION Derry extension to dwelling to provide GRANTED BT48 9AD bedroom and wet room LA11/2020/0593/F 27 Poplar Road Single storey rear extension to 28/09/2020 PERMISSION Derry dwelling to accommodate kitchen GRANTED BT47 2JG and utility room LA11/2020/0597/F 74 Barr Cregg Proposed one & half storey 28/09/2020 PERMISSION Claudy extension to rear of dwelling to GRANTED BT47 4DU allow a family room with bedroom and bathroom above LA11/2020/0599/F 27 Lismacarol Road Proposed single storey mono- 28/09/2020 PERMISSION Lismacarol pitch rear extension to existing GRANTED Drumahoe dwelling house Londonderry BT47 3LZ
Page 21 of 23 Planning Applications Decisions Issued
From: 01/09/2020 To: 30/09/2020
No. of Applications: 108
Reference Location Proposal Date Application Number Decision Status Issued
LA11/2020/0602/LD68 Foyle Road Extension of existing porch, 30/09/2020 PERMITTED L'Derry removal of back door, remove DEVELOPME BT48 6SP kitchen window & replace with NT double doors. Re-arrange kitchen, minor internal alterations
Page 110 Page to doors and walls LA11/2020/0603/N 40m SE of 17 Kildoag Road Three new skylight roof windows 08/09/2020 NON Legaghory in rear elevation. Two new MATERIAL Killaloo windows in the front elevation. CHANGE BT47 3TQ Enlargement of two rear windows GRANTED LA11/2020/0606/F 17 Oakfield Crescent Single storey to front and side of 30/09/2020 PERMISSION Derry dwelling to provide shower room, GRANTED porch, store and lounge extension LA11/2020/0611/F 22 Swilly Gardens Single storey kitchen and wc 30/09/2020 PERMISSION Derry extension to rear and side of GRANTED dwelling LA11/2020/0614/D Building 30 Discharge of Conditions 3 & 4 re: 24/09/2020 CONDITION The Keep (Part of the Star Fort Archaeology of reference number NOT Wall) LA11/2019/0487/F DISCHARGE Former Ebrington Barracks D Ebrington Derry~Londonderry LA11/2020/0621/F 42 Rosskeen Park Proposed single storey side 30/09/2020 PERMISSION Derry extension to dwelling GRANTED BT48 0RH
Page 22 of 23 Planning Applications Decisions Issued
From: 01/09/2020 To: 30/09/2020
No. of Applications: 108
Reference Location Proposal Date Application Number Decision Status Issued
LA11/2020/0628/F 34 Mill Path Proposed single storey rear 28/09/2020 PERMISSION Eglinton extension to include 1 x bedroom GRANTED BT47 3PP along with internal alterations to change existing rear bedroom into a bathroom. Also provision for rear level access ramp LA11/2020/0630/D Gortnagross TD Discharge of condition 17 relating 11/09/2020 CONDITION
Page 111 Page Seegronan TD and to Planning approval J/ DISCHARGE Meenamullan TD; Killeter 2006/0883/F D Strabane Co Tyrone LA11/2020/0632/F 37 Whitehouse Park Alteration and rear extension to 30/09/2020 PERMISSION Derry City existing dwelling to provide larger GRANTED BT48 0QA kitchen/dining area with new utility room and playroom on ground floor plus larger bedroom 03, Walk in wardrobe and 2 No. additional ensuites in attic above
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