Meeting Pack Derry City and Strabane District Council

Dear Member of Planning Committee

You are hereby summoned to attend the monthly meeting of the Planning Committee to be held remotely on Wednesday 4 November 2020 at 2.00 pm.

Yours faithfully

John Kelpie Chief Executive

AGENDA

1 Notice and Summons of Meeting

2 Member Attendance and Apologies

3 Statement for Remote Meetings

4 Declarations of Member's Interests

Open for Decision

5 Chairperson's Business

6 Matters Arising from the Open Minutes of Planning Committee Meeting held remotely on Wednesday 7 October 2020 (Pages 1 - 12)

7 Matters Arising from the Open Minutes of the reconvened Planning Committee Meeting held remotely on Thursday 8 October 2020 (Pages 13 - 16)

8 Planning Applications List with Recommendation for Decision (Pages 17 - 166)

9 Donegal County Council Local Development Plan (Pages 167 - 176)

10 Amendment to Planning Committee Minutes (Pages 177 - 180)

11 Re-advertisement of Fermanagh and Omagh District Council Local Development Draft Plan Strategy - Proposed Changes Consultation (Pages 181 - 186)

Open for Information

12 Planning Appeals Update (Pages 187 - 212)

13 TPO Update (Pages 213 - 218)

14 List of Decisions Issued - October 2020 (Pages 219 - 236)

Confidential for Decision

15 Matters Arising from the Confidential Minutes of the reconvened Planning Committee Meeting held remotely on Thursday 8 October 2020 (Pages 237 - 238)

27 October 2020

Agenda Item 6

Derry City and Strabane District Council

Open Minutes of the Planning Committee Meeting held remotely on Wednesday 7 October 2020 at 2.00pm ______

Present: - Councillor Jackson (Chairperson), Aldermen Bresland, Kerrigan and McClintock; Councillors J Barr, J Boyle, Dobbins, Gallagher, Harkin, Kelly, McGuire, Mellon and Mooney.

In Attendance: - Head of Planning (Ms M Fox), Head of Planning Performance and Improvement (Mr E Molloy), Lead Legal Services Officer (Mr P Kingston), Principal Planning Officer (Mrs S McCracken), Senior Planning Officers (Mr J Spottiswood, Mr M McCarron), Business Services Officer (Mrs L McKean), Committee Services Assistant (Mrs J Short).

Mr M McKervey – Historic and Environment Division, Development and Management ______

P116/20 Notice and Summons for Meeting

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

P117/20 Member Attendance and Apologies

The Head of Planning took the roll and recorded apologies from Councillor McKinney.

P118/20 Statement for Remote Meetings

The Chair read the Statement for Remote Meetings.

P119/20 Declarations of Members’ Interests

Councillor Boyle declared an interest with Agenda Item: Proposed Court Action LA11/2017/0182/CA.

Open for Decision

P120/20 Presentation – Historic Environment Division (HED)

The Committee received a presentation from Mr Brian McKervey Historic Environment Division (HED). He provided an update

1 Page 1 on the work of HED. (A copy of the presentation was previously circulated to Members).

The Chair thanked Mr McKervey for the presentation. He stated that whilst he respected the role of HED, he was aware of public criticism that the remit was more Belfast City centred despite the significant historical buildings that existed in the West particularly Derry City. He said that HED were occasionally viewed as an obstacle when it came to the restoration of buildings and major applications were delayed in order to address petty requirements from HED. He hoped that the concerns raised by Council at the meeting today would be considered by HED Officials because it was important to support the restoration of historic buildings throughout the City and District Council area.

The Chair invited Members to comment or seek points of clarification if they so wished.

Councillor Boyle thanked Mr McKervey for the presentation. He concurred with the Chair’s previous comments. He added that whilst he appreciated the work of HED he was also aware of the frustrations experienced by potential developers when making application for listed building consent. He referred to the fact that due to the requirements of HED some Developers refused to proceed with the work and buildings are left in a derelict state. He asked for HED to adopt a more pragmatic approach when assessing applications, in order to alleviate the risk of an increase in derelict buildings throughout the City and District.

Mr McKervey in response to Members concern said that he understood the developer’s frustration with the application process. He added however that Derry City had fantastic heritage and congratulated the Officers involved with the City of Culture

He assured Members that HED Officials would engage with applicants and Planning Officials in order to achieve the best result for everyone. He admitted that HED’s remit was restrictive in policy terms, however they continued to work with the applicant in order to reach solutions to progress applications whilst ensuring that architectural features be retained.

The Chair thanked Mr McKervey for taking the time to address Committee and for providing a better understanding of the remit of HED.

2 Page 2

Mr McKervey left the meeting.

Chairpersons Business

P121/20 Delay in Physical Site Visits due to Covid-19

The Chair referred to the increase in Covid cases throughout the Derry and Strabane District Council area and as a result there would be no physical site visits until it was deemed safe. He added that unfortunately the progress of relevant applications would be delayed, however this was totally out of their control due to the current pandemic crisis.

It was agreed that all relevant applicants would be kept informed of the delay in progress due to Covid restrictions.

P122/20 Planning Appeals Commission: Non-Determination Appeal by J P McGinnis (M G Famco Ltd) re: application LA11/2017/0002/F

The Head of Planning reported that notification was received from the Planning Appeals Commission (PAC) dated 25 September 2020 notifying Council that the applicant J P McGinnis (M G Famco Ltd) had lodged an appeal with the Commission due to the Council not determining the application.

The Chair expressed disappointment that the Committee would not be given the opportunity to make a decision on the application.

The Head of Planning in response Member’s queries advised that all Committee and Delegated applications were subject to this course of action following an 8-week period if no decision is taken by Council and every applicant has the right of this appeal mechanism. She further advised there is an opportunity for Members to make further submissions to the PAC but won’t be as a decision of Committee. She advised that essentially the PAC become the decision-making body. She alluded to the fact that this was the first occasion such an action was taken since the transfer of Planning function to Council in 2015.

The Lead Legal Services Officer clarified for Members that effectively Committee Members were in the same position as any other elected Member and were entitled to make their own representations in respect of the application to PAC. He confirmed that there was no possibility that the application would be referred to Committee once request for Non-Determination Appeal was made to PAC. He said that

3 Page 3 Requests for a non-determination appeal to the PAC had been rare since planning powers had transferred to the council.

P123/20 NILGA Webinar Session

The Head of Planning referred to the following Webinar sessions to be hosted by NILGA and will focus on Place Shaping and Infrastructure. (An email notification was forwarded to Members earlier that day);

 21 October 2020 (10.30am-12noon) – ‘Designing Quality Places’  4 November 2020 (10.30am-12noon) – ‘Back to the Future Heritage Led Regeneration’  11 November 2020 (11.30am-1.00pm) – Long-Term Impact of Planning Decisions  25 November 2020 (10.30-12noon) – The New Normal

P124/20 Scheme of Delegation

The Chair referred to applications categorised under the Scheme of Delegation and in particular in relation to those applications for Ammonia Emissions and Houses of Multiple Occupancy (HMOs) and indicated that officers wished to engage with members to consider Delegated arrangements with these matters. Head of Planning agreed to coordinate an informal meeting for Members to discuss these detailed matters.

P125/20 Late Item Received re: LA11/2016/0436/F

The Head of Planning reported late information received in respect to Application: LA11/2016/0436/F and Members would be given the opportunity to review the information prior to the presentation of the application later in the meeting.

P126/20 Matters arising from the Open Minutes of the Special Planning Committee Meeting held on Wednesday 29 July 2020

There were no matters arising from the above minutes.

P127/20 Matters Arising from the Open Minutes of the Planning Committee Meeting held on Wednesday 2 September 2020

There were no matters arising from the above minutes.

4 Page 4 P128/20 Matters Arising from the Open Minutes of the reconvened Planning Committee Meeting (2 September 2020) held remotely on Thursday 3 September 2020

There were no matters arising from the above minutes.

P129/20 Planning Applications List with Recommendation for Decision

The Planning Case Officers presented the following planning applications for decision:

LA11/2016/0436/F – Retention of diagnostic and automotive electrical repair workshop with new access to Carrickdartans Road, Castlederg

The Principal Planning Officer presented the above application, details of which had been previously circulated to Members together with late information received the previous day. She stated that based on material consideration in line with planning policy it was recommended to refuse planning permission for reasons as outlined within the report.

Members accepted speaking rights from Mr Jim Rob, applicant who outlined reasons to support approval of the application. After which they were given the opportunity to seek sought points of clarification from the applicant if they so wished.

The Chair invited Members to seek points of clarification from the PPO. Councillor McGuire queried with the PPO if alternative units within the locality had been considered.

The PPO clarified that the applicant had submitted an email from a operator advising of no alternative sites available. She said that she had a conversation with the Agent however no clear survey had been carried out.

Discussion ensued after which Alderman Kerrigan, moved, seconded by Councillor McGuire to support approval of the application subject to standard conditions to include restriction of use to electrical and diagnostic repair and no more than 6 vehicles to be externally stored on the site. It was also noted that there would be no restriction on operational hours due to the nature of the work.

5 Page 5 The outcome of the vote was unanimous in support of the proposal.

The Committee Resolved to overturn the recommendation to refuse planning permission and for approval to be granted subject to standard conditions with the inclusion of restriction of use to electrical and diagnostic repair only and no more than 6 vehicles to be externally stored on the site.

LA11/2019/0011/F – Retention of change of use to existing boxing club and community facility from vacant town hall and proposed extension and alterations to existing building to form a single storey multi-purpose activity space at 7 Townhall Street, Newtownstewart, BT78 4AX

The Senior Planning Officer presented the above application, details of which were previously circulated to Members. He advised that based on material consideration in line with planning policy it was recommended to refuse planning permission for reasons as outlined within the report. Members received speaking rights from Mr Brendan Johns, Planning Consultant and Mr John Gallagher, applicant who outlined reasons to approve the application. The Chair invited Members to seek points of clarification from the Senior Planning Officer if they so wished.

Councillor Boyle referred to the alterations to the townhall building and queried if HED had any issue at that time. The SPO clarified that the only issue that he was aware of was in relation to the sheer scale of the extension because it was much larger in comparison to the existing building, however HED had no issue with the internal structure.

The Head of Planning advised Members that if they were minded to over-turn the recommendation to refuse planning permission that it would be necessary to notify DfI of the decision. Councillor McGuire proposed not to accept the SPO’s recommendation to refuse planning permission and for planning approval to be granted, as it was considered the proposal met with Strabane Area Plan para 81.3, PPS 6 BH 8 & 12, SPPS para 6.13, as the proposal was an enhancement and supported by the policies. Alderman Kerrigan seconded the proposal.

6 Page 6 The outcome of the vote was unanimous in support of the proposal.

The Committee Resolved to overturn the recommendation to refuse planning application LA11/2019/0011/F and for approval to be granted subject to standard conditions.

LA11/2018/1161/LBC – Retention of change of use to existing boxing club and community facility from vacant town hall and proposed extension and alterations to existing building to form a single storey multi-purpose activity space at 7 Townhall Street, Newtownstewart, BT78 4AX

The Senior Planning Officer presented the above applications, details of which were previously circulated to Members. He advised that based on material consideration in line with planning policy it was recommended to refuse planning permission for reasons as outlined within the report. Councillor McGuire proposed not to accept the SPO’s recommendation to refuse planning permission and for approval to be granted subject to the conditions as outlined within the report, as it was considered the proposal met with Strabane Area Plan para 81.3, PPS 6 BH 8 & 12, SPPS para 6.13, as the proposal was an enhancement and supported by the policies. . Alderman Kerrigan seconded the proposal. The outcome of the vote was unanimous in support of the proposal. The Committee

Resolved to overturn the recommendation to refuse planning application; LA11/2018/1161/LBC and for approval to be granted subject to standard conditions. Councillor Harkin left the meeting.

7 Page 7 LA11/2019/0318/F – Proposed 2 No. pullet rearing poultry sheds with 4 No. feed bins, 2 no. gas tanks and associated site works (poultry sheds to contain 13,000 pullets and 1,560 roosters each giving a total site capacity of 26,000 pullets and 3,120 roosters). Land approx. 350m south west of 17 Drumcraig Road, Magheramason, Londonderry, BT47 2SE.

The Senior Planning Officer presented the above application, details of which were previously circulated to Members. He stated that following material consideration in line with planning policy it was recommended to approve planning permission, subject to conditions as outlined within the report.

Members accepted speaking rights from Mr Philip Marshall, Agent who outlined reasons to support the recommendation to approve planning permission.

The Chair invited Members to seek points of clarification from the SPO if they so wished.

The SPO in response to a query from Councillor Mellon, clarified that the applicant had provided well-reasoned cases as to the reason for not locating the poultry sheds within the existing site. The SPO in response to Alderman McClintock confirmed that there existed a number of residential properties located within approximately 200-250 metres from the proposed site. He further confirmed that in relation to traffic flow adequate passing bays already existed on route to the site. The SPO further clarified that noise was considered in terms of residential amenity and Environmental Health were consulted and they requested that the noise level from the ventilation system be conditioned so not to exceed a certain level.

Councillor Dobbins expressed the opinion that she would not be supportive of an approval on this occasion.

Alderman Kerrigan stated that whilst he was aware that concerns were raised in relation to the proposal, he was convinced that all of the issues had been addressed and in that regard was minded to support approval of the application subject to conditions as outlined within the report. Alderman Bresland seconded the proposal.

8 Page 8 The outcome of the vote; For 11, Against 1, Abstention 0. The proposal was carried. The Committee Resolved to support the recommendation to approve planning application LA11/2019/0318/F.

LA11/2016/0781/F – Retention of car compound at 18 Lower Strabane Road, Churchtown, Castlederg

The Senior Planning Officer presented the above application, details of which were previously circulated to Members. He stated that following material consideration in line with planning policy it was recommended to approve planning permission, subject to the conditions as outlined within the report.

Alderman Kerrigan proposed, seconded by Councillor McGuire to support the SPO’s recommendation to grant planning permission, subject to the conditions as outlined within the report.

The outcome of the vote was unanimous support of the proposal. The Committee

Resolved to support approval of planning application LA11/2016/0781/F, subject to conditions as outlined within the report.

LA11/2018/0882/F – Retention of Change of Use from rental accommodation to a B&B and retrospective works to facilitate B&B at 6a Northland Road, Derry/Londonderry.

The Senior Planning Officer presented the above application, details of which were previously circulated to Members. He stated that following the consideration of additional amended plans that were material considerations, in line with planning policy it was recommended to approve planning permission, subject to the conditions as outlined within the report.

Councillor Boyle proposed, seconded by Councillor Dobbins to support the recommendation to approve planning permission subject to the conditions as outlined within the report.

9 Page 9

The outcome of the vote was unanimous support of the proposal and the Committee;

Resolved that planning application LA11/2018/0882/F be granted planning permission subject to the conditions as outlined within the report.

LA11/2018/0847/LBC – Retention of Change of Use from rental accommodation to a B&B and retrospective works to facilitate B&B at 6a Northland Road, Derry/Londonderry.

The Senior Planning Officer presented the above application, details of which were previously circulated to Members. He stated that following the consideration of additional amended plans that were a material consideration, in line with planning policy it was recommended to approve planning permission, subject to the conditions as outlined within the report.

Councillor Boyle proposed, seconded by Councillor Dobbins to support the recommendation to approve planning permission subject to the conditions as outlined within the report.

The outcome of the vote was unanimous support of the proposal and the Committee;

Resolved that planning application LA11/2018/0847/LBC be granted planning permission subject to the conditions as outlined within the report.

Councillor Boyle declared an interest in the following application and left the meeting.

10 Page 10 LA11/2019/0739/F – Proposed Community Hub and Proposed Creche at Surestart, 1 Ringfort Road, Derry, BT48 0PZ and land to NE currently occupied by Childrens Playpark.

The Senior Planning Officer presented the above application, details of which were previously circulated to Members. He stated that following material consideration in line with planning policy it was recommended to approve planning permission, subject to the conditions as outlined within the report. Councillor Dobbins proposed, seconded by Councillor Mellon to support approval of the recommendation to grant planning approval subject to the conditions as outlined within the report.

The outcome of the vote was unanimous in support of the proposal and the Committee;

Resolved that planning application LA11/2019/0739/F be granted planning permission subject to the conditions as outlined within the report.

The meeting ended at 6.08pm and would reconvene the following day at 4.00pm.

11 Page 11 This page is intentionally left blank Agenda Item 7

Derry City and Strabane District Council

Open Minutes of the reconvened meeting of the Planning Committee Meeting (Wednesday 7 October 2020) held remotely on Thursday 8 October 2020 at 4.00pm. ______

Present: - Councillor Jackson (Chairperson), Aldermen Bresland, Kerrigan, McClintock; Councillors Boyle, Gallagher, Kelly, McGuire, McKinney and Mooney.

In Attendance: - Head of Planning (Ms M Fox), Head of Planning Performance and Improvement (Mr E Molloy), Lead Legal Services Officer (Mr P Kingston), Principal Planning Officer (Mrs S McCracken) Senior Planning Officer, (Enforcement Section) (Mr C Rogers), Business Services Officer (Mrs L McKean), Committee Services Assistant (Mrs J Short). ______

P130/20 Notice and Summons for Meeting

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

P131/20 Member Attendance and Apologies

The Head of Planning took the roll and recorded apologies from Councillor’s Mellon and Dobbins.

P132/20 Statement for Remote Meetings

The Chair read the Statement for Remote Meetings.

P133/20 Declarations of Members’ Interests

Councillor Boyle declared an interest with Agenda Item: Proposed Court Action LA11/2017/0182/CA.

Open for Decision

P134/20 Chairperson’s Business

The Chairperson had no business to address on this occasion.

1 Page 13

Open for Information

P135/20 Planning Appeals Update

The Principal Planning Officer presented the above report details of which had been previously circulated to Members. The purpose of the report was to appraise Members on planning appeals currently in the system and of any decisions made since the previous meeting. Members noted the above report for information. P136/20 Enforcement Review for Business Year 2019/2020

The Senior Planning Officer (Enforcement Section) presented the above report, a copy of which was previously circulated to Members. The purpose of the report was to update Members on the progress made by the Planning Enforcement section for the business year 2019-2020.

The Chair expressed appreciation to the Enforcement Team for the work carried out despite restrictions due to the current pandemic. Councillor Gallagher sought clarification in relation to enforcement costs. The Lead Legal Services Officer clarified that enforcement was a statutory obligation could not be undertaken on a cost recovery basis.

The Head of Planning stated that the above report showed a significant increase in the number of enforcement notices processed over the previous year. She asked Members to be cognisant of the amount of work that goes into these complex cases by Officers. She also expressed appreciation to the LLSO for his professional expertise when seeking legal opinions with such cases. Members noted the above report for information. P137/20 Enforcement Review April-June 2020 (1st Quarter)

The Senior Planning Officer (Enforcement Section) provided the above report a copy of which was previously circulated to Members. The purpose of the report was to update Members on the progress made by the Planning Enforcement section for the first quarter of the business year 2020-2021. Members noted the above report for information.

2 Page 14 P138/20 Permitted Development for Agricultural Buildings and Operations

The Principal Planning Officer presented the above report, a copy of which was previously circulated to Members. The purpose of the report was to appraise Members on the Permitted Development for Agricultural Buildings and Operations. Members noted the key points and legislative requirements in relation to permitted development for agricultural buildings and operations.

P139/20 Update on Ammonia Emitting Projects following correspondence from Friends of the Earth

The Principal Planning Officer provided the above report, details of which had been previously circulated to Members. The purpose of the report was to appraise Members on the position regarding the assessment of planning applications that required the appropriate assessment of ammonia emissions, following receipt of correspondence from Friends of the Earth on 14 August 2020. Councillor Kelly stated that whilst the paper concluded no financial implications, he remained of the view that there were cost implications imposed because of the change of regulations on several occasions. He added that these were hidden costs associated with Officer time spent during the assessment of applications as a result of inconsistencies with regulations to be applied.

Members noted the update paper that provided the context and background to the correspondence received from Friends of the Earth. P140/20 List of Decisions Issued – September 2020

Members noted for information the List of Decisions issued during the month of September 2020.

The meeting went into confidential business.

3 Page 15 This page is intentionally left blank Agenda Item 8

Title of Report: Officer Presenting: Planning Case Officers

Item 8: Planning Applications Open for Author: Planning Case Officers Decision

1 Purpose of Report/Recommendations

1.1 To present to Members, planning applications for decision.

2 Background

2.1 Following the transfer of Planning to Local Government on 1st April 2015, the Planning Committee will now decide on applications presented by Council's Planning Officers.

3 Key Issues

Summary of applications presented to Committee:

APPLICATIONS DEFERRED FOLLOWING SUBMISSION OF FURTHER INFORMATION

1. LA11/2018/1038/O – Proposed site for one detached dwelling and garage. Rear of 12 & 13 The Beeches & Rear of 14 Ballyfatten Park, Sion Mills, Co Tyrone.

Recommendation: Approve

NEW APPLICATIONS

2. LA11/2018/0526/F

Retention of change of use to children's recreational activity space and cafe area on new mezzanine from a furniture warehouse. Unit 2 Elagh Business Park,

Derry

Recommendation: Refuse

Page 17 3. LA11/2019/0716/F

Proposed pontoon and upgrading of existing car park and installation of external platform cast. Prehen Boat House, Victoria Road, Derry.

Recommendation: Approve

4. LA11/2020/0295/O

Erection of a dwelling and garage on a farm. Approximately 120m south west of 18 Ligford Road, Strabane.

Recommendation: Refuse

5. LA11/2020/0345/O

Infill site for two storey detached dwelling and garage. Infill site 70m north of 12 Tullanee Road, Eglinton.

Recommendation: Refuse

6. LA11/2018/0372/RM

Local distributor road (in accordance with requirements of approval A/2005/0217/O) at H1B Lands - Phase 1 East South of Beraghill Road and north of Skeoge Link Road, Galliagh, Derry.

Recommendation: Approve

7. LA11/2020/0451/O

Site for proposed infill dwelling in line with Policy CTY8 - Ribbon Development of PPS 21- Sustainable development in Countryside.

Recommendation: Refuse

8. LA11/2020/0219/F

Proposed four storey extension to the northern side of the existing cleanroom facility, to provide new sub-fab. cleanroom, recirc fan and plant room floor

Page 18 levels. Including the provision of a new cleanroom link corridor bridge to the existing facility and alterations to the existing facility to provide a new clean lift and stairwell tower at 1 Disc Drive, Springtown Industrial Estate, Derry.

Recommendation: Approve

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

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

5 Recommendations

5.1 That Members consider and agree with the recommendations proposed.

Background Papers

Planning Report LA11/2018/1038/O (Appendix 1)

Planning Report LA11/2018/0526/F (Appendix 2)

Planning Report LA11/2019/0716/F (Appendix 3)

Planning Report LA11/2020/0295/F (Appendix 4)

Planning Report LA11/2020/0345/O (Appendix 5)

Planning Report LA11/2018/0372/RM (Appendix 6)

Planning Report LA11/2020/0451/F (Appendix 7)

Planning Report LA11/2020/0219/F (Appendix 8)

Page 19 This page is intentionally left blank Appendix 1

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 4th November 2020

APPLICATION No: LA11/2018/1038/O

APPLICATION TYPE: Outline Application

PROPOSAL: Proposed site for one detached dwelling and garage

LOCATION: Rear of 12 & 13 The Beeches & Rear of 14 Ballyfatten Park, Sion Mills

APPLICANT: E Patton, 4 Primrose Park, Sion Mills, Strabane, BT82 9QB

AGENT: Desmond O’Neill, 17 Main Street, Dromore, Co. Tyrone, Omagh, BT78 3AE

ADVERTISEMENT: 22.11.2018, 14.05.2020

STATUTORY EXPIRY: 06.12.2018, = 28.05.2020

RECOMMENDATION: APPROVE

REASON FOR PRESENTATION TO COMMITTEE: 5 or more objections - The application was previously listed to be presented to Planning Committee on 23rd September 2019, however late information was received and the application was deferred for consideration for the late information and consultation with DFI Roads.

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

1. Description of Proposed Development

The proposal is for outline planning permission for one detached dwelling and garage with access through Ballyfatten Park. The application was originally submitted proposing four semi-detached dwellings but subsequent amendments have been received reducing the scheme to one detached dwelling and garage.

2. EIA Determination This application has been screened by Council and as the development does not meet any thresholds, as set down in The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017, an EIA determination is not required.

Page 21 Appendix 1

3. HRA Assessment under the Habitats Regulations is not required as there is no watercourse within or directly abutting this site. Therefore, it is unlikely that there will any adverse effects on integrity of any National or European site. There are no significant trees or landscape features on this site which will be impacted by this proposal. Therefore, it is unlikely that this proposal will adversely affect a priority species or their habitat which is afforded protection.

4. Site and Surrounding Area

The application site is a 0.13 ha parcel of land located between Primrose Park and Ballyfatten Park in Sion Mills. It is a flat area of rough and partly overgrown ground which appears to form an informal part of the garden to the rear of the dwelling at 4 Primrose Park. The site is enclosed by mature trees and hedges to its south and west boundaries. The eastern boundary has trees in the north east corner and the boundary to the rear of the properties at 12 & 13 The Beeches is defined by 2m high wooden fence and hedge. A wall also separates the site from the access road and row of garages at Ballyfatten Park to the immediate south.

The site is located within an established residential area which is characterised by a mix of house types. These include detached single storey and two storey dwellings along Primrose Park to the north and higher density two storey dwellings (detached, semi-detached and terraces) to the east at The Beeches and to the south at Ballyfatten Park and Churchside Court.

Page 22 Appendix 1

Figure 1 : Aerial view of application site (red) and adjoining dwelling 4 Primrose Park (blue)

Page 23 Appendix 1

N

Figure 2 : Site Location Plan (Drawing 01 received 09/11/2018, date stamped 31/10/2018)

Page 24 Appendix 1

Figure 3 : Application site and adjoining dwelling at 4 Primrose Park

Figure 4 : Southern boundary with Ballyfatten Park

Page 25 Appendix 1

Figure 5 : Eastern boundary with The Beeches

5. Site Constraints

None relevant

6. Neighbour Notifications

Neighbour Address Date Neighbour Notified

11 The Beeches, Sion Mills, Tyrone, BT82 9SP 16/11/2018, 30/04/2020, 22.09.2020

12 The Beeches, Sion Mills, Tyrone, BT82 9SP 16/11/2018, 30/04/2020, 22.09.2020

13 The Beeches, Sion Mills, Tyrone, BT82 9SP 16/11/2018, 30/04/2020, 22.09.2020

7 Ballyfatten Park, Sion Mills, Tyrone, BT82 9QG 30/04/2020, 22.09.2020

12 Ballyfatten Park, Sion Mills, Tyrone, BT82 9QG 30/04/2020, 22.09.2020

13 Ballyfatten Park, Sion Mills, Tyrone, BT82 9QG 16/11/2018, 30/04/2020, 22.09.2020

14 Ballyfatten Park, Sion Mills, Tyrone, BT82 9QG 16/11/2018, 30/04/2020, 22.09.2020

15 Ballyfatten Park, Sion Mills, Tyrone, BT82 9QG 30/04/2020, 22.09.2020

17 Ballyfatten Park, Sion Mills, Tyrone, BT82 9QG 30/04/2020, 22.09.2020

18 Ballyfatten Park, Sion Mills, Tyrone, BT82 9QG 30/04/2020, 22.09.2020

Pobal Mhuilleann An Tsiãin, 1 Daisy Park, Sion Mills, Tyrone, 16/11/2018, 30/04/2020, 22.09.2020 BT82 9QD

1a ,Daisy Park,Sion Mills,Tyrone,BT82 9QD 16/11/2018, 30/04/2020, 22.09.2020

1b ,Daisy Park,Sion Mills,Tyrone,BT82 9QD 16/11/2018, 30/04/2020, 22.09.2020

1c ,Daisy Park,Sion Mills,Tyrone,BT82 9QD 16/11/2018, 30/04/2020, 22.09.2020

4 Churchside Court, Sion Mills, Tyrone, BT82 9SR 16/11/2018, 30/04/2020, 22.09.2020

6 Churchside Court, Sion Mills, Tyrone, BT82 9SR 30/04/2020, 22.09.2020

4 Primrose Park,Sion Mills,Tyrone,BT82 9QB 16/11/2018, 30/04/2020, 22.09.2020

8 Primrose Park, Sion Mills, Tyrone, BT82 9QB 16/11/2018, 30/04/2020, 22.09.2020

2 Coronation Park, Sion Mills,Tyrone,BT82 9QQ 30/04/2020, 22.09.2020

10, Belldoo, Strabane, Tyrone, Northern Ireland, BT82 9PG 30/04/2020, 22.09.2020

42b,Shannony Road,Douglas Bridge,Tyrone,BT82 8QJ 30/04/2020, 22.09.2020

1A, MELVIN ROAD, STRABANE, TYRONE, Northern Ireland, 30/04/2020, 22.09.2020 BT82 9PP

Page 26 Appendix 1

2 Orchard Gardens,Westbrook,Margate,CT9 5JT 30/04/2020, 22.09.2020

3 Rutland Gardens,Cliftonville,Margate,CT9 30/04/2020, 22.09.2020

7. Relevant Site History

J/2009/0090/O Site for 2no. two storey dwelling houses with domestic garages (access through 4 Primrose Park) Permission Granted 24.06.2009

LA11/2015/0603/O 2no. two storey dwelling houses with domestic garages (with access through 4 Primrose Park) Permission Granted 12.01.2017

Figure 6 : Approved concept for LA11/2015/0603/O with access through 4 Primrose Park

8. Policy Framework

Strabane Area Plan 1986 - 2001 Strategic Planning Policy Statement for Northern Ireland Planning Policy Statement 2 : Natural Heritage Planning Policy Statement 3: Access, Movement and Parking Planning Policy Statement 7: Quality Residential Environments original Planning Policy Statement 12: Housing in Settlements Development Control Advice Note 15 : Vehicular Access Standards

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Creating Places

9. Consultee Responses

DFI Roads advise the proposals would prejudicial road safety and significantly inconvenience the flow of traffic through Ballyfatten Park.

NI Water highlight the site is within a development consultation zone in proximity to a waste water treatment works and there is a possibility of nuisance from odour and/or noise.

DAERA Land and Groundwater team note there are no records of previous potentially contaminating land uses on the site or the adjacent area and therefor have no objections subject to conditions and informatives regarding unforeseen contamination.

Environmental Health have no objections subject to conditions regarding unforeseen contamination and standard informatives regarding construction noise and dust and radon.

DAERA Water Management Unit refer to standing advice which contains standard conditions and informatives

10. Representations Consideration

There was 1 letter of support received supporting the development as it will have a positive impact upon the applicant’s family allowing him to live closer to his mother.

There were 57 letters of objection including a petition with 28 signatures. These objections were from 31 individual properties at Ballyfatten Park, The Beeches, Churchside Court, Coronation Park, Parkside Gardens and Meadow Crescent in Sion Mills as well as from properties outside of the village i.e. Strabane, Douglas Bridge, Glebe, Newry, Kildare, Margate. The objection letters raised the following concerns:

• Proposal will result in intensification of traffic at a dangerous access • Impact upon safety of children playing • Access is too narrow compounded by on street parking. Restricted use of pavements. Access not wide enough to allow emergency and amenity vehicles or construction traffic.

• Limited on and off street parking at present. Proposal will result in additional parking congestion. Will prohibit access to garages. Will result in loss of off street parking for residents (some of which have limited mobility and require easy access to vehicles) • New kerb will cause further difficulty accessing garages, turning/manoeuvring and further limit parking

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• Pathway would be used as quick entrance to Primrose Park impacting on privacy and security of residents

• Objectors suggest entrance via Primrose Park

• Impact upon privacy and loss of light to 13 and 14 Ballyfatten Park

• Noise & disturbance of construction traffic and residential traffic

• Application, if approved, would lead to further development of the site

• Degradation and devaluation of property

• Uncertainty of parking availability would cause stress to residents

• Development would disturb colony of bats living in area

• 18 Ballyfatten Park advise they were not notified of the application

• Delays in receipt of neighbour notification letters and limited time frame to respond

• Revised plans were not available online following neighbour notification • Confusion regarding application dates

In response to the procedural concerns outlined above, officers would highlight that there is no statutory requirement to notify the property at No. 18 Ballyfatten Park as it does not directly abut the application site. With regard to delays in receipt of the neighbour notification letters, officers consider representations received at any stage in the process and are content all issues raised have been considered in this report. . Some objections raised issue with the availability of amended plans online. Upon receipt of these objections the plans were checked by officers and were available online at that stage. There seems to be some confusion regarding when the application was made and when neighbour notification letters were issued. I would clarify that the application was received on 6 November 2018 following which neighbour notification letters were issued on 16 November 2018. Further letters were then issued on 30 April 2020 to advise any neighbours and those who made representation of the receipt of the revised proposal and accompanying amended plans. All other matters raised will be considered in the assessment below.

11. Planning Assessment and Other Material Considerations

Section 6 (4) of The Planning Act (Northern Ireland) 2011 requires the Council to make planning decisions in accordance with the local development plan, unless material considerations indicate otherwise. The site is on unzoned white land located within the settlement development limits of Sion Mills as designated in the Strabane Area Plan 1986 - 2001. This proposal has therefore

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been assessed against the policy framework listed in paragraph 8 and all other material considerations including consultation responses, representations and relevant planning history.

Strategic Planning Policy Statement

The SPPS states that PPS 7 is a retained policy until such times as the development plan is adopted, and the development plan will itself have policies directing planning management on a number of issues, including dwellings within settlements. In the interim and prior to the adoption of the plan, both policies should be considered and where there is a conflict, the SPPS should take precedence. In this case there is no conflict.

PPS 7 : Quality Residential Environments

Policy QD 1 allows new residential development where it will create a quality and sustainable residential environment and the development will also be expected to conform with criteria (a) to (i) set out in the policy.

PPS 7 Addendum : Safeguarding the Character of Established Residential Areas

The proposal is for new residential development in the rear garden of an existing property within an established residential area in Sion Mills. The proposal must therefore comply with the criteria set out in Policy LC 1.

Figure 7 : Proposed Site Plan (Drawing 02 Rev 1 received 11/10/2019)

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The application originally submitted was for four dwellings but the proposal has since been reduced to one dwelling. The application site is capable of accommodating a single dwelling whilst retaining a sufficient plot size and private amenity space provision both within the application site and the adjoining dwelling at 4 Primrose Park. These would generally be more generous than those found in the surrounding housing developments at Ballyfatten Park, The Beeches and Churchside Court. The submitted site layout also demonstrates the development can provide two in-curtilage parking spaces. I am therefore satisfied that a detached dwelling and garage can be provided on this site in keeping with the scale, density and pattern of the surrounding housing developments and that a sufficient level of private amenity space and in-curtilage parking can also be provided in keeping with the surrounding residential developments, in accordance with criteria (a), (c) and (f) of Policy QD 1 and criteria (a) and (b) of Policy LC 1.

I am also satisfied a dwelling can be provided on this site in accordance with the space standards set out in Annex A and in accordance with criteria (c) of Policy LC 1.

The detailed design of the proposed dwelling can be reviewed at Reserved Matters stage in accordance with criteria (g) of Policy QD 1.

Objections received from 13 and 14 Ballyfatten Park raise concerns regarding loss of privacy and loss of light. The submitted site layout demonstrates that a dwelling can be provided on the site whilst retaining a separation distance of at least 19 metres to the objector’s rear gardens and at least 29 metres to the objector’s rear windows, which is considered to sufficient separation to omit any significant overlooking impacts, loss of privacy or loss of light. It is considered that sufficient separation can be provided between a new dwelling on the site and any of the adjoining residential properties. The detailed design of the proposed dwelling can be reviewed at Reserved Matters in relation to placement of windows to further mitigate any impacts in terms of overlooking or loss of privacy. Objectors have also raised concerns regarding noise and disturbance from construction traffic and residential traffic. Any noise generated from the construction of the development and associated construction traffic would be for a temporary period only and it is not considered that the additional residential traffic associated with one dwelling would have a significantly greater impact than existing traffic noise levels upon surrounding residential properties. Objectors are also concerned the new pathway would be used as quick entrance to Primrose Park and would impact upon resident’s privacy and security. The new section of footpath would not provide through access to Primrose Park and the footpath is proposed where there is an existing road and is not considered that this will adversely impact upon residential amenity. Overall, it is not considered that the development will conflict with the

Page 31 Appendix 1 adjacent residential properties in terms of overlooking, loss of light, overshadowing, noise or other disturbance etc. in accordance with criteria (h) of Policy QD 1 and paragraph 2.3 of the SPPS.

NI Water advise the development is in proximity to a waste water treatment works and there is possibility of nuisance arising from odour or noise. The site is located within an existing residential area and the development will be no more affected than the surrounding residential properties in the area, however advice can be attached to any planning approval to make future occupants aware of this matter.

The site is not affected by any archaeological or built heritage in accordance with criteria (b) of Policy QD 1. Objectors have raised concerns that the development would disturb a colony of bats living in area, however there is no supporting evidential context. The development is not proposing to demolish any existing buildings which would provide a suitable habitat. Given the extent of the vegetation on the site and the extant outline planning approval for two dwellings, it is not considered that a bat survey would be required for at this stage. Accordingly, there are no significant landscape features within the site worthy of protection and the development is unlikely to adversely impact a priority species or its habitat in accordance with criteria (b) of Policy QD 1 and also Policies NH 2 and NH 5 of PPS 2.

Criteria (d) (e) and (i) of Policy QD 1 are not required given the scale of the development.

Other concerns raised by objectors are that the application, if approved, would lead to further development of the site. The Council can only assess the proposals presented and cannot speculate on future development. Any subsequent application would be subject to the same planning process. Issues regarding the uncertainty of parking availability causing objectors stress are not planning considerations which can be afforded material weight. Issues raised regarding the impacts of the development on the degradation and devaluation of objector’s property have not been substantiated and are not material planning issues in any case.

PPS 3 : Access, Movement and Parking

The development proposes access to the site through Ballyfatten Park to the south as indicated below. Objectors have raised issues with these arrangements in relation to road safety, pedestrian safety and parking congestion, as summarised in paragraph 10. Whilst the objectors suggest access should be taken from Primrose Park as previously approved and this would be the preferred option of DFI Roads, the Council has to consider the proposals as presented which incorporate access through Ballyfatten Park.

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Figure 8 : Aerial view showing proposed access through Ballyfatten Park (Source : Google Maps)

Policy AMP 2 of PPS 3 states that planning permission will only be granted for a development proposal involving direct access, or the intensification of the use of an existing access, onto a public road where such access will not prejudice road safety or significantly inconvenience the flow of traffic. DCAN 15 states that the intensification of an access is considered to occur when a development would increase traffic flow using that access by 5 percent or more. DFI Roads advise the proposed development would lead to an 8.3 percent intensification of traffic using the Ballyfatten Park access off Marshall’s Row. They advise that the existing carriageway width of 4.9m and footway width of 1.9m is inadequate for this intensification and they also highlight that 7 of the 11 houses within Ballyfatten Park have no in-curtilage parking and park on the street. They advise a minimum 5.5m carriageway and a 2.0m footway would be required to assist the flow of traffic through Ballyfatten Park and to mitigate the parking of vehicles on the footway. This is not possible within the confines of Ballyfatten Park. Subsequently, DFI Roads consider the proposal would prejudice road safety and significantly inconvenience the flow of traffic through Ballyfatten Park and have recommended refusal. Officers would however take into consideration the fact that Ballyfatten Park is a dead end road, it is not a through road and does not have direct access onto a protected route. The vehicular traffic associated with one dwelling would not be considered to be a significant increase and it is unlikely Council would be able to sustain the necessity for upgrades to the access based on a 3.3 percent exceedance of the 5 percent intensification figure. Officers also acknowledge DFI Roads comments regarding on street parking and service vehicles etc. however it is not considered that the vehicular movements associated with one dwelling would significantly inconvenience traffic flow. The above factors would be afforded determining weight in relation to the upgrade of the existing access.

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Figure 9 : Road and footpath at Ballyfatten Park Figure 10 : On street parking.

DFI Roads advise that a 2.0m footway is required to provide a pedestrian connection between the new development and the existing footway, however a 6.8m width is also required for turning and manoeuvring of vehicles in front of the single row of garages, as shown in Creating Places. None of the above are achievable given the confines of the road at the access to the site. The most recently submitted proposals incorporate a 2.0m footpath within the site which would reduce to 1.2m opposite the garages and link to the existing footpath at the front of 14 Ballyfatten Park (see below).

Figure 11 : Current footpath proposals

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Figure 12 : Garages at Ballyfatten Park Figure 13 : Access to site off Ballyfatten Park

DFI Roads advise that the proposed 1.2m footpath is below the minimum 2.0m requirement and the provision of this footpath will also reduce the area in front of the garages to less than 6.2m wide. Officers would concur that the provision of the footpath along this section of road opposite the garages would make access to the garages more difficult and would restrict the turning and manoeuvring area for vehicles at the end of this road, which would be further compounded if vehicles were to park on the new footpath also as they do on the remainder of the road. These issues have been raised by a number of the objectors also. The footpath proposals would further hinder the turning, manoeuvring and parking situation on this road and would not have any benefit to the flow of traffic. Whilst a new footpath would link the site to the existing footpath on Ballyfatten Park, it comprises only a small 20m section of road and would serve only one dwelling. In these particular circumstances, the pedestrian traffic associated with one dwelling would not be considered to be significant to merit the footpath provision, particularly when it would adversely impact upon traffic flow. For these reasons, officers on balance consider it appropriate to proceed with the previous scheme for a dwelling on the site without the footpath proposals as indicated in the submitted Drawing 02 Rev 1 received 11/10/2019 (below).

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Figure 14 : Proposed Site Plan (without footpath proposals) Drawing 02 Rev 1 received 11/10/2019

On balance, it is considered that a single dwelling can be provided on this site with access onto Ballyfatten Park without prejudicing road safety or pedestrian safety or significantly inconvenience the flow of traffic in accordance with Policy AMP 3 of PPS 3.

12. Conclusion and Recommendation

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Having considered all material considerations, including the development plan, relevant planning policies, relevant planning history, consultations and representations, approval is recommended for the scheme shown in Drawing 01 received 09/11/2018 (date stamped 31/10/2018) and Drawing 02 Rev 1 received 11/10/2019 subject to the conditions outlined below.

13. Conditions

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

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

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

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

3. No development shall take place until a plan of the site has been submitted to and approved by the Council indicating the floor levels of the proposed dwelling in relation to existing and proposed ground levels. Reason: To ensure the development takes account of the sites natural contours and to ensure resident's privacy is not adversely affected.

4. The dwelling hereby permitted shall not be occupied until the northern boundary of the site has been defined by a 1.8 metre high screen wall or close boarded timber fence.

Reason: In order to preserve the amenity of the adjoining property at 4 Primrose Park

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5. The existing vegetation along the eastern, western and southern boundaries of the site, (except that required to be removed for access purposes) shall be permanently retained unless necessary to prevent danger to the public in which case a full explanation along with a scheme for compensatory planting shall be submitted to and agreed in writing with the Council, prior to, prior to removal.

Reason: To safeguard the amenities of neighbouring residential properties.

6. If any retained tree is removed, uprooted or destroyed or dies within 3 years from the date of the occupation of the building for its permitted use, another tree or trees shall be planted at the same place and that tree shall be of such size and species and shall be planted at such time as may be specified by the Council.

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

7. If during development works, should any unforeseen ground contamination or risks to the water environment be encountered which have not been previously identified, all works on the site should cease immediately and the Planning Department and Environmental Health Services of Derry City and Strabane District Council should be informed. This new contamination shall be fully investigated with a full written risk assessment in line with current government guidance (Model Procedures for Management of Land Contaminated CLR11) that details the nature of the risks and any necessary mitigation measures should be prepared and submitted for appraisal and agreed with the Planning Department and Environmental Health Services of Derry City and Strabane District Council. In the event of unacceptable risks being identified, a remediation strategy shall be agreed with the Council in writing, and subsequently implemented and verified to its satisfaction. Reason: Protection of environmental receptors to ensure the site is suitable for use and to protect human health

8. After completing any remediation works required under Condition 8 and prior to occupation of the development, it will be necessary for the applicant to demonstrate through a verification report that the identified pollutant linkages are effectively broken and the site is now fit for its intended end use. The verification report shall be submitted to and agreed in advance with the Planning Department, in consultation with the Environmental Health Service and all works carried out to the satisfaction of the Council. This report should be completed by competent persons in accordance with Model Procedures for the Management of Land

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Contamination (CLR11). The verification report should present all the remediation and monitoring works undertaken and demonstrate the effectiveness of the works in managing all the risks and achieving the remedial objectives.

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

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

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

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Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 4th November 2020.

APPLICATION NO: LA11/2018/0526/F

DATE OF APPLICATION: 09/05/2018

APPLICATION TYPE: Full

PROPOSAL: Retention of change of use to children's recreational activity space and cafe area on new mezzanine from a furniture warehouse.

LOCATION: Unit 2 Elagh Business Park, Derry, BT48 8QP.

APPLICANT: Jim Heaney

AGENT: Sean Furey

ADVERTISEMENT: 26.06.2018

RE-ADVERTISEMENT: 16.06.2020

STATUTORY EXPIRY: 01.07.2020

RECOMMENDATION: Refuse

REASON FOR PRESENTATION TO COMMITTEE: The recommendation is to refuse.

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

1. Description of Proposed Development This proposal is for the retention of a change of use at Unit 2 Elagh Business Park. The building is currently used as a trampoline centre for children with a café on the mezzanine floor. The floorspace of this property including mezzanine is approximately 635 square metres.

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2. EIA Determination This proposal falls within Category 10 (a) of Schedule 2 of the Planning (EIA) Regulations (NI). It has been determined that this application does not require to be accompanied by an Environmental Statement in that the proposal does not meets the applicable threshold.

3. HRA Assessment under the Habitats Regulations not required as there is no watercourse directly abutting this site and this application is for the retention of change of use. Therefore, as there are no ground works proposed and there is no hydrological link, it is unlikely that there will any adverse effects form development works on integrity of any National or European site.

There are no significant trees or landscape features on this site which will be impacted by this proposal. Therefore it is unlikely that this proposal will adversely affect a priority species or their habitat which is afforded protection.

4. Site and Surrounding Area As can be seen in Figure 1 below, the site consists of Unit 2 which is a central unit within a row of units in Elagh Business Park. The adjacent units are occupied by Superior E-Liquid, NW Mechanical Services and A&N fuels. The red line also extends from the building through the existing estate to the Buncrana Road.

The site is located within Derry City and therefore within the development limit as defined by the Derry Area Plan 2011 (DAP 2011). It also lies within Zoned Industrial Land known as Zoning IND 3 Buncrana Rd in the Derry Area Plan 2011.It is located close by the border with ROI and the River Skeoge.

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Figure 1 – Site Location Plan

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Figure 2 – Photo of the Application Site

5. Site Constraints

• Lough Swilly Special Protection Area (SPA), Special Area of Conservation(SAC) • Loughs Agency Consultation Zone • Border with ROI • Industrial Policy Area • Major Road Proposal

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6. Neighbour Notification Report

The above neighbours were re-notified on 19/09/2018 and 04/06/2020.

16/10/2020

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7. Recent Relevant Site History

APP REF PROPOSAL ADDRESS DECISION DATE LA11/2015/0315/F Change of use from warehouse/ Unit 3 Permission 23.10.2015 distribution to light industrial use; Elagh Business Park Granted construction of new internal Buncrana Road floorspace at an upper level and Derry alteration to the front elevation. BT48 8 A/2009/0121/F Change of use from Units 1-5, Elagh Business Permission 15.03.2010 storage/distribution units to an Park, Buncrana Road, Refused indoor leisure venue consisting of Londonderry children's play centre, party rooms, function rooms, restaurant, games area, bowling arcade and A/2003/0230/RM Erection of 5 No Elagh Business Park, Permission 30.06.2003 storage/distribution units Buncrana Road, Londonderry Granted A/2003/0234/O Site for extension to existing Lands adjacent to Elagh Permission 19.04.2005 business park for purpose of light Business Park, Buncrana Granted industry (class 4) general industry Road, Londonderry - (class 5) storage & distribution (class11) Scientific Research /Development and back office development A/1999/0607/O Road layout and site for light Lands bounded by Buncrana Permission 06.01.2001 industry (Class 4), general industry Road/Elagh Road Granted (Class 5), storage and distribution Londonderry (Class 11) as defined in the Planning (Use Classes) Order (Northern Ireland) 1989, scientific research and development and back office development

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8. Policy Framework Regional Development Strategy 2035

Derry Area Plan (DAP) 2011

Strategic Planning Policy Statement (SPPS) for Northern Ireland 2015

PPS 4 Planning and Economic Development

PPS 4 Clarification of PED 7 – Retention of Zoned land and Economic Development Uses

PPS 2 Natural Heritage

PPS 3 Access, movement and parking

PPS 15 Planning and Flood Risk

9. Consultee Responses

• NI Water: NI Water have no objections to the proposal and standard advice has been provided. • Environmental Health (EH): EH requested that a Noise Assessment is provided given the nature of activity which is taking place within this unit to ensure that it does not adversely affect the adjoining units. Following the receipt of this, EH have stated that the results of this demonstrate compliance with BS 8233 and that the upper limits have not been exceeded, but have provided a condition to ensure that the remedial works as suggested in the survey be provided to ensure the amenity of the adjoining unit is maximised. • DFI Roads: DFI Roads requested amended plans to demonstrate sufficient parking, the site access being extended to the public road, floor areas and a TAF. Following the receipt of amended plans and additional information they have no objections in respect of the proposal. they have provided conditions and informatives.

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10. Representations There has been one letter of objection received in relation to this proposal. The issues raised are summarised below: • The design of the premises. • The access to and from the premises. • The acoustics of the premises. • The nature of the proposal adjoining an engineering premises.

11. Planning Assessment, including Other Material Considerations 11.1 Section 6 (4) of The Planning Act (Northern Ireland) 2011 requires the Council to make planning decisions in accordance with the local development plan, unless material considerations indicate otherwise.

11.2 This application is for the retention of development. This is described as retention of change of use to children's recreational activity space and cafe area on new mezzanine from a furniture warehouse.

11.3 It is considered that this development falls within Class (k) Sui Generis Use of the Planning (Use Classes) Order (NI) 2015.

11.4 Given the location of the site on Zoning IND 3 Buncrana Road of the DAP and the nature of the proposal the main policy considerations in establishing the principle of this development proposal are set out in Policy IND 3 of the DAP, the SPPS and Policy PED 7 of PPS 4.

11.5 Policy IND 3 of the DAP states that Council will normally approve industrial development in existing industrial estates so as to make full use of existing infrastructure. As detailed previously, the application site is located within an industrial zoning (Zoning IND 3). At this section of the zoning permission has been granted (A/2003/0234/O) for an extension to the existing business park. The use has for this unit has therefore been conditioned as per that approval and the subsequent Reserved Matters application and is restricted to Class B1 (Storage and Distribution). The proposal as detailed above is for a Sui Generis Leisure Use and as such is not considered industrial development. Therefore, the proposal fails to comply with Policies IND 1 and IND 3 of the DAP.

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11.6 Paragraph 6.280 of the SPPS states that a sequential test should be applied to planning applications for main town centre uses that are not in an existing centre and are not in accordance with an up-to-date LDP.

11.7 Paragraph 6.281 further points out that Planning Authorities should adopt a Town Centre Approach, and require applications for main town centre uses to be considered in the following order of preference; • primary retail core; • town centres; • edge of centre; and • out of centre locations, only where sites are accessible by a choice of good public transport modes.

11.8 This proposal is a commercial leisure development and as such, in accordance with the SPPS as detailed above this town centre type use should be located within the city centre as defined by the DAP 2011 which operates as the current LDP. The DAP identifies both a Commercial Core and Central Area. The Central Area as defined in Map 3 of the DAP is considered to be the “City Centre”.

11.8 However, as detailed previously, this site is located on zoned industrial land, within an existing industrial estate which is located along the Buncrana Road on the outskirts of the City. Therefore, it is not located within either the Central Area or Commercial Core. Furthermore, this is not considered to be an edge of centre location. Though this could be considered an “out of centre location” public transport links are limited to one bus stop approximately 600m walking distance from the premises along the Buncrana Road. This bus stop is not serviced by Foyle Metro. Nevertheless, the site is located on zoned industrial land as detailed above and as such is considered contrary to Policies IND 1 and IND 3 of the DAP and cannot be considered “an appropriate out of centre location” in accordance with the SPPS.

11.9 In accordance with Paragraph 6.280 of the SPPS, the agent was requested to provide a sequential test. The agent provided this. As detailed below, this identified eight properties available for rent all of which were deemed unsuitable by the agent for the reasons stated. • 4 Swilly House, Springtown Industrial Estate – property too small. • 10 Waterloo Place – too small and head height is too low for proposed use.

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• 2 Sackville Street – property too small. • 113-115 Spencer Road – too small and head height is too low for proposed use. • Unit A, 7 Altnagelvin Industrial Estate – too small, head height is too low and in close proximity to another indoor trampoline park. • Artillery Chambers 10-12 Artillery Street – property too small. • 104 Ebrington Square – property too small.

11.10 Officers have considered the above properties and would comment as follows: • 4 Swilly House is outside the Commercial Core and Central Area and is located within an industrial estate. It is a small single storey unit measuring 92 square metres and as such is unsuitable for this proposal. • 10 Waterloo Place. This building is located within the Commercial Core and Central Area. It is advertised as having a retail floorspace of approximately 2155 square metres. Therefore, it is considered this would be of sufficient size to accommodate this proposal which has an existing floorspace of approximately 635 square metres. With regards to the head height required, it is considered that this unit which is spread over three floors is unlikely to have sufficient head height on each floor however works could potentially be undertaken to provide the head height required. • 2 Sackville Street. This is currently a ground floor hair salon premises within the Commercial Core and Central Area. It has a floorspace of approximately 105 square metres. It is considered that this is too small to accommodate the proposed use. • 113-115 Spencer Road. This is a two storey property located within the Commercial Core and Central area and is used as office accommodation. It is advertised as having a floorspace of approximately 2155 square metres. Therefore, it is considered this would be of sufficient size to accommodate this proposal which has an existing floorspace of approximately 1160 square metres. With regards to the head height required, it is considered that this unit which is spread over two floors is unlikely to have sufficient head height on each floor however works could potentially be undertaken to provide the head height required. • Unit A, 7 Atlnagelvin Industrial Estate is located outside the Commercial Core and Central Area. The space available for rent is the first floor of a two storey property measuring approximately 150 square metres. It is considered that this is too small to accommodate the proposed use. • ArtilleryChambers 10-12 Artillery Street is a three storey building within the Commercial Core and Central Area.

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Though this building could provide sufficient floorspace, this is a historical building and as such it is unlikely that the works required to be undertaken to facilitate this proposal particularly in terms of head height could be implemented without damage to the fabric of this building. Therefore, this is not considered to be a suitable building. • 104 Ebrington Square. This is purpose built/refurbished office accommodation which is advertised as being able to accommodate up to 4-6 people per office. Therefore, it is considered that the proposal could not be accommodated at this location.

11.11 Therefore, having considered the above it can be concluded that one property within the Commercial Core and Central Area has been identified which has the potential to accommodate this proposal. Therefore, this proposal for a main town centre type use in its current location is contrary to paragraphs 6.280 – 6.282 of the SPPS.

11.12 Policy PED 7 of PPS 4 states that development proposals which that would result in the loss of land or buildings zoned for economic development use in a development plan (either existing areas or new allocations) to other uses will not be permitted, unless the zoned land has been substantially developed for alternative uses. Policy PED 4 also permits an exception where the development of a sui generis employment use within an existing or proposed industrial/employment area where it can be demonstrated that: the proposal is compatible with the predominant industrial use; it is of a scale, nature and form appropriate to the location; and provided approval will not lead to a significant diminution of the industrial/employment land resource in the locality and the plan area generally. It further states that retailing or commercial leisure development will not be permitted except where justified as acceptable ancillary development. Therefore, though this is a Sui Generis Use Policy PED 7 of PPS 4 provides policy context.

11.13 As detailed previously the last approved use of this unit was storage and distribution, therefore the current proposal would result in the loss of land zoned for economic development use in the DAP. This proposal for indoor recreation does not fall within any Class of the Planning (Use Classes Order) 2015. Therefore, it is considered to be Sui Generis, i.e. not falling within any class specified in the schedule. Within the block of 5 units in which the application site is located, permission was granted in Unit 3 for a change of use to light industrial (B2). It appears that Units 1, 4 and 5 remain in storage and distribution use (B4). Immediately in front of the site is a car sales premises, which is considered to be a Sui Generis Use. This car sales premises extends south where approval was granted for storage

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of vehicles in relation to this premises. The smaller units in the north west of the zoning were approved as Light Industrial Units. These now accommodate a mix of A1, B2, D1 and Sui Generis uses some of which do not benefit from planning approval. Between this group of units and that in which the application site is located, there is a live approval for a bus/vehicle repair unit (Class B2) An End of Life Vehicle premises (Sui Generis) is located in the north western portion of the zoning and there is also a live approval for a recycling building located south of this (Class B3).

11.14 The applicant and agent have submitted information in support of this proposal in this respect. This is summarised below:

• Whilst the area is zoned for industrial use, there is no longer a requirement for so many industrial units. • It is mixed use. • There has been a diversification due to the non-requirement of such large units – photos provided to demonstrate this.

11.15 In consideration of Elagh Business Park overall, it is accepted that over the years a number of non-conforming commercial and leisure uses have emerged and operate within it, some with and some without the benefit of Planning Approval. Those with Planning Approval, could either be considered complementary sui generis use or ancillary uses and as such as would be considered in broad conformity with the relevant planning policies. The overall ethos of such industrial designations is to preserve these areas for economic development/industrial end uses, whilst in site specific circumstances allowing some sui-generis compatible uses to occupy vacant plots/buildings.

11.16 Having considered the above, it is concluded that whilst it is evident that whilst there are some non-conforming uses operating within this zoning, it has not been substantially developed for alternative uses.

11.17 Furthermore, though this proposal is for a sui generis use, it is considered that as this is a leisure development which is not an acceptable ancillary development. The proposed use, in its nature and scale, is designed to attract customers from a wide area beyond the industrial zoning. This is a childrens play facility and as such cannot be considered as an ancillary leisure use to the current industrial uses which operate within Elagh Business Park. Therefore the proposal fails to comply with Policy PED 7 of PPS 4.

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11.18 Though this proposal is not considered acceptable in principle as detailed above, the proposal is further assessed in terms of the below:

11.19 Design

Policy BE 1 of the DAP considers design. It 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. As this is an application for the retention of a change of use, there are no new buildings proposed and no significant design amendments have been made to the exterior of the building other than the addition of signage which would be considered under a separate consent to display application. This can be seen in Figure 2 above. Figure 3 below shows the internal floor plans. Therefore, it is considered that the design of this building is acceptable in this location and as such the proposal complies with Policy BE 1 of the DAP.

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Figure 3 – Floor Plans

Ground Floor

Mezzanine

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11.20 Amenity

Para.2.3 of the SPPS states that the planning system operates in the public interest of local communities. The basic question is whether the proposal would unacceptably affect amenities of owners or occupiers of neighbouring properties and the existing use of the land and buildings that ought to be protected in the public interest.

In consideration of amenity, the amenity of the occupants of the surrounding units is the primary consideration given the location of this property within a row of units. The nearest residential receptors are approximately 235 m south of this site. Given the separation distance, it is unlikely that this proposal would have an adverse impact on these properties in terms of noise or disturbance.

The main concern in this respect is that given the nature of this proposal the adjoining properties could be affected by noise and disturbance. As no development works are proposed, there are no concerns with respect to overlooking or loss of light. EH noted that the proposed development shares party walls with two existing units and that there is existing office accommodation in one of the units adjacent the party wall with the proposed development. Due to the nature of the proposed activities which will include amplified music associated with parties/events as well as a large number of patrons raising voices, a Noise Assessment was requested which should detail any mitigation/noise attenuation. EH commented as follows: The Noise Impact Survey suggests that the results demonstrate compliance with BS 8233 as the upper limits have not been exceeded. However, it must be acknowledged that the sound insulation testing used a single point high decibel noise source and this will not be reflective of the activities ongoing in Unit 2, namely many raised voices/shouting, speaker music and gaming machines such as pin-ball. However, cognisance must be taken of the fact that Unit 3 has an operational workshop with inherently noisy activities such as cutting/grinding metal. Unit 3 also has office and reception spaces which will be exposed to this workshop noise and also noise from Unit 2 activities. The Noise Impact Survey identified that the ground floor reception area, the source of noise complaint to the EHS, is not as well protected from sound transmission from Unit 2 as the director’s office directly above at first floor level due to vertical steel stanchions at the upper level on Unit 2 side being exposed and not properly boxed in. In consideration of the above, EH concluded that they had no objections to the proposal. In the area of weakness in the party wall between Units 2 and 3, EH suggest that the remedial works proposed to help improve noise containment in Unit 2 (the party wall boxed with two layers of 12.5mm soundbloc and mineral wool lined) are conditioned should this application be approved. Therefore, having considered the above it is concluded that given the nature of activities within these units, this proposal will not have an adverse impact on the amenity of the adjoining residents to an

Page 55 Appendix 2 unacceptable level and therefore it complies with the SPPS in this respect. Should this application be approved, the mitigation as proposed could be conditioned.

11.21 Site Access and Parking PPS 3 sets out the policies for vehicular and pedestrian access, transport assessment, the protection of transport routes and parking. Policy AMP 2 of PPS 3 states that planning permission will only be granted for a development proposal involving direct access, or the intensification of the use of an existing access, onto a public road where it will not prejudice road safety or significantly inconvenience the flow of traffic. Policy AMP 7 of PPS 3 states that development proposals will be required to provide adequate provision for car parking and appropriate servicing arrangements. DFI Roads have been consulted. They requested amended plans to demonstrate sufficient parking, the site access being extended to the public road, floor areas and a TAF. Following the receipt of amended plans and additional information they have no objections in respect of the proposed development. They noted that the site boundary as indicated by the red line on the 1:1250 scale site location plan does not include the area required to provide the parking associated with this development. The red outline includes approximately 50% of the parking area required for this development with the remainder of the parking area included in the blue outline. As some of the parking is provided within the blue land, the applicant is declaring that this is within their ownership and therefore it is considered that sufficient parking can be provided and should approval be granted, the formalised provision of this parking arrangement can conditioned. DFI Roads have provided conditions and informatives to be attached to any approval. Therefore it is considered that the proposed access will not prejudice road safety or significantly inconvenience the flow of traffic in accordance with Policy AMP 2 of PPS 3, and that sufficient parking can provided in respect of the numbers which will be attending the premises in accordance with Policy AMP 7 of PPS 3.

11.22 Natural Heritage and Flood Risk In terms of natural heritage, PPS 2 provides the policy context. It sets out the planning policies for the conservation, protection and enhancement of our natural heritage. Though this site is approximately 65m south of the River Skeoge, there is no watercourse directly abutting this site, and as this proposal is for change of use only with no ground works proposed there is no requirement to consult SES as it is unlikely that this proposal would have an adverse impact in the watercourse including the selection

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features, conservation objectives or status of any European site. There is no removal of trees/vegetation or landscape features proposed and no protected species recorded on site. As such it is unlikely that this proposal will adversely affect any priority species or their habitat which is afforded protection. Therefore the proposal complies with policies NH 1, NH 2, NH 3, HNH 4 and NH 5 of PPS 2 and Policies ENV 6, ENV 7 and ENV 8 of the DAP in this respect.

PPPS 15 sets out the planning policies to minimise and manage flood risk to people, property and the environment. There have been no areas of flood risk identified at this site and given the nature of the proposal a Drainage Assessment is not required. Therefore, this proposal complies with PPS 15 from a flood risk perspective.

12. Consideration of points raised in objection With regards to the exterior design of the premises no amendments have been made. Internally the layout is not a planning consideration. The Noise Assessment and comments from EH advise that due to the nature of the activity in Unit 3, it is unlikely that this proposal would adversely affect the amenity of the office space in that property. In terms of the access to and from the premises, DFI Roads have no objection to this and have provided standard advice. With regard to the suitability of this children’s play facility being located within the industrial zoning, as detailed above in the report it is considered that this is a commercial leisure premises which should be located in an alternative location.

13. Conclusion and Recommendation Having considered all material considerations, including the development plan, relevant planning policies and consultations, it is concluded that the proposal is contrary to the DAP, the SPPS and PPS 4 as the proposed development for a commercial leisure use is located on zoned industrial land as defined by the DAP. The proposal, if allowed, would lead to the loss of industrial land/ building within zoned industrial land. This proposal is not considered to be a compatible sui generis use and PPS 4 clearly states that commercial leisure will not normally be permitted. The proposal is a town centre type use and there is no overriding reason why this proposal could not be located within the Central Area or at an appropriate out of centre or edge of centre location as required by the SPPS. Therefore, on balance refusal is recommended for the reasons as set out below.

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14. Proposed Refusal Reasons 1. The proposal is contrary to Policies IND 1 and IND 3 of the Derry Area Plan 2011 and Policy PED 7 of PPS 4 in that this proposal for a sui generis commercial leisure use would result in the loss of land which is zoned for industrial purposes and economic development uses.

2. The proposal is contrary to the Strategic Planning Policy Statement (paragraphs 6.280 and 6.281) in that it has not been demonstrated why this proposal for a sui generis commercial leisure use could not be located within the commercial core, central area or at an appropriate edge of centre location.

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Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 4th November 2020

APPLICATION No: LA11/2019/0716/F

DATE OF RECEIPT: 12.08.2019

APPLICATION TYPE: Full

PROPOSAL: Proposed pontoon and upgrading of existing car park and installation of external platform cast

LOCATION: Prehen Boat House, Victoria Road, Derry, BT47 2NS

APPLICANT: Derry City & Strabane District Council

AGENT: HMD Architects

ADVERTISEMENT: 03.09.2019

STATUTORY EXPIRY: 18.09.2019

RECOMMENDATION: Approve

REASON FOR PRESENTATION TO COMMITTEE: Council application

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

1. Description of Proposed Development

This proposal is for an upgrading of the existing car park, an external platform and a proposed pontoon. The platform and pontoon will be located off the existing steps adjacent to the Boat House.

2. EIA Determination

This application has been screened by Council and the development falls into Category 2-10 (m) of The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017, An EIA determination concluded it is unlikely that the development proposed will have a significant environmental impact.

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3. HRA Derry and Strabane District Council has carried out an assessment under the Habitats Regulations for this proposal. The planning application was considered in light of the assessment requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended) by Shared Environmental Service on behalf of Derry City and Strabane District Council which is the competent authority responsible for authorising the project and any assessment of it required by the Regulations. Shared Environmental Service (SES) advises Derry City and Strabane District Council Planning, it is their view that the Habitats Regulations Assessment (HRA) completed for this project on behalf of the Council by Blackstaff Ecology (July 2020) is compliant. As such and in line with the conclusions of the HRA, provided the mitigation recommended is conditioned in the planning approval, the proposal will not have an adverse effect on site integrity of any European site.

4. Site and Surrounding Area The application site is at the existing Boat house in the Prehen Area of the City. This site is in an area of existing space and recreation as defined in the Derry Area Plan 2011. The site is accessed off the Victoria Road into an informal parking area at present. The existing boat house is at the northern section of the site adjacent to the River Foyle. The River Foyle can be accessed at present through a slipway for launching boats and steps to bring small crafts into the River.

Figure 1 – Site Location Plan

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Figure 2 – overhead view of the site

Figure 3 – view of existing boat house and car park

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Figure 4 existing platform level and access where pontoon will join

5. Site Constraints • LOUGHS AGENCY CONSULTATION ZONE

• RIVER FOYLE SAC and LOUGH FOYLE SPA/RAMSAR

• RIVER FOYLE ASSI and LOUGH FOYLE ASS1

• PORTIONS OF SITE IN Q100 FLOOD PLAIN

6. Neighbour Notification The below neighbours were notified on 11/02/20 NEIGHBOUR ADDRESS DATE OF NEIGHBOUR NOTIFICATION 8 Prehen Road, Londonderry, BT47 2NS 11.02.20 10 Prehen Road, Londonderry, BT47 2NS 11.02.20

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12 Prehen Road, Londonderry, BT47 2NS 11.02.20 14 Prehen Road, Londonderry, BT47 2NS 11.02.20 16 Prehen Road, Londonderry, BT47 2NS 11.02.20 18 Prehen Road, Londonderry, BT47 2NS 11.02.20 20 Victoria Road, Londonderry, BT47 2AB 11.02.20

7. Relevant Site History A/1979/0343- Municipal Boat Club- approved 6th November 1979 A/1999/0594/F- Erection of three storey building comprising Foyle Search & Rescue Headquarters, communications centre and associated boat store. - approved 11th January 2000. (20 Victoria Road)0 A/2014/0631/F- Proposed two storey extension to existing building to provide training room, volunteers area and associated works including additional external fire escape and reworking of main entrance. - Approved 25TH March 2015 LA11/2018/0792/F- Proposed single storey covered storage area/garage at Foyle Search and Rescue, for safe, secure and sheltered accommodation boats and rapid response vehicles

8. Policy Framework • Regional Development Strategy (RDS) 2035

• Derry Area Plan (DAP) 2011

• Policy ENV 9 Development adjacent to Rivers and Open Water Bodies

• Policy R2 Recreational use of the River Foyle

• Strategic Planning Policy Statement (SPPS) for Northern Ireland 2015

• Planning Policy Statement (PPS) 3 Access Movement and Parking

• Planning Policy Statement (PPS) 2 Natural Heritage

• Planning Policy Statement (PPS) 8 Open Space, Sport and Outdoor Recreation

9. Consultee Responses • DFI Roads: DFI Roads have no objections subject to conditions and informatives.

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• Environmental Health Department (EHD): EHD have no concerns and have provided standard conditions and informatives • NIEA: NED have no concerns after inspecting the biodiversity checklist and preliminary CEMP supplied by the applicant. Conditions and informatives have been given. Water Management Unit (WMU): WMU considered the impacts of the proposal on the surface water environment. They had requested a full drainage plan of the site but after further discussions with the applicant it was clear that no new drainage would be added to the site. The existing car park drainage will remain as is and the concrete platform beside the boat house will also remain as is so there is no risk of contamination into the water environment from drainage. - Regulation Unit (RU): No objections to this proposal in respect of the potential for contamination which may be present at the site. Waste Regulation Unit (R.U) refer to the document entitled ‘preliminary Piling Method Statement18879’ and in particular, section 340 ‘Excavated Material’.R.U require the applicant to ensure that any controlled waste such as spoil, is removed offsite by a registered waste carrier to an authorised site licensed to accept such waste. • Shared Environmental Services (SES): SES have assessed the Habitat Regulations Assessment supplied by the Council. They are content with the assessment subject to mitigation • Loughs Agency: Loughs Agency have no objections subject to standard informatives; • Rivers Agency: A flood risk assessment was submitted as part of the application. Rivers had come back and asked for clarification in relation to the levels around the pontoon in a flooding scenario. This was clarified through additional detail and a drawing. Rivers are now content and have recommended conditions in relation the application

10. Representations There have been no letters of support or objection received in respect of this proposal.

11. Planning Assessment of Policy & 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. The application site is located on land zoned for open space and recreation, within the development limits of Derry as set out in the Derry Area Plan 2011. The site has been in use as a municipal boat club

Page 64 Appendix 3 since 1979. The existing facilities for access to the river consist of a slipway and steps leading down into the River Foyle.

Figures 5 and 6 views of existing situation on site with platform and access to River Foyle

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Figure 7 View of existing slipway

The main planning considerations that need to be taken into account in assessing this proposal are therefore the planning history of the site, SPPS in terms of design and amenity, PPS2 in terms of the natural environment, PPS 3 in terms of access, parking and servicing and PPS 8 in terms of outdoor recreational activities facilities. The SPPS states that ‘’the planning system operates in the public interest of local communities…. It does not exist to protect the private interests of one person against the activities of another, although private interests may coincide with the public interest in some cases… The basic question is not whether owners and occupiers of neighbouring properties would experience financial or other loss from a particular development, but whether the proposal would unacceptably affect amenities and the existing use of land and buildings that ought to be protected in the public interest. Paragraph 5.72 of the SPPS further emphasises this in that ‘‘sustainable development should be permitted, having regard to the local development plan and all other material considerations, unless the proposed development will cause demonstrable harm to interests of acknowledged importance. In such cases the planning authority has power to refuse planning permission’’.

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The potential impact of the proposal on the surrounding land uses and buildings has been considered.

This proposal is for a proposed pontoon measuring 66 metres in length, there is an access bridge linking the launch area to the pontoon, this is 9 metres wide and 18 metres in length. There will be a new accessible platform lift for people with limited mobility from the upper car park area. The existing planter on site in the car park will be removed to allow for a new carpark layout with disabled spaces in front of the access onto the pontoon. There will be other upgrades on site in terms of new fencing and lighting and a new proposed wash down area and new steps at the sides of the new access bridge.

Figure 8– site plan showing new car park layout and proposed pontoon structure

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Figure 9 – Proposed perspective of pontoon, bridge access, new steps and platform lift

Figure 10 Proposed elevations

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Figure 11 Proposed section showing lift access from car park level and proposed access onto pontoon

The nearest residential properties are across the Victoria Road at an approximate distance of 70 metres from the entrance to the site. There is no impact on residential amenity in terms of noise or impact on privacy. Environmental Health Service have been consulted and have not raised any concerns. The other adjoining property is that of Foyle Search and Rescue. There have been no issues of concern raised from them also. The proposal will not cause any demonstrable harm to the neighboring land uses and therefore is compliant with this aspect of the SPPS.

The policies in the Derry Area Plan 2011 that apply are:

Policy ENV9 – Development Adjacent to Rivers and Open Water Bodies.

Development will only be allowed adjacent to major rivers and open water bodies where there will be no permanent adverse impact on the landscape setting, will not prejudice existing or future public access and are in conformity with other plan policies. This proposal is making this section of the River more accessible for all in the community with improved facilities for both disabled and able bodied members of the community. The pontoon is light weight in nature and will not be overbearing in terms of design. This area is already zoned as open space and recreation in the area plan so this is enhancing an existing recreational facility.

Policy R2 – Recreational use of the River Foyle

Development will be encouraged that provides appropriate recreational facilities along the River Foyle. This proposal makes the area more accessible to all and encourages more access to the

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river for leisure crafts from this area of the city as well as provide better facilities for existing river based sports clubs in the City.

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

The site constitutes open space and recreation in the Derry Area Plan 2011and this proposal is assessed under Policy OS6- Development of facilities ancillary to water sports. This policy states that any proposals should meet the following criteria: (i)It is compatible with any existing use of the water, including non-recreational uses; (ii)there is no adverse impact on features of importance to nature conservation , archaeology or built heritage; (iii)there is no adverse impact on visual amenity or the character of the local landscape; (iv)it will not result in water pollution or an unacceptable level of noise or disturbance; (v) buildings or structures are designed to a high standard, are of a scale sympathetic to the surrounding environment in terms of their siting, layout and landscape treatment; (vi) the proposed facility takes into account the needs of people with disabilities; and (vii) there is no conflict with the provisions of any local management plan.

The proposed use meets all of the above points, the design is sympathetic and not overbearing in the locality. The proposal contributes to an enhancement and extension of the existing facility and the use of the river as open space. The proposal will not lead to an over intensive use of the site because of the scale proposed. All proposed impacts on the natural environment have been assessed and will be mitigated against in the form of conditions. The proposed facilities have made the site more user friendly for all members of the community and has taken account the needs of people with disabilities with the introduction of a lift and a ramped bridge access onto the pontoon.

PPS3 – Access Movement and Parking Policy AMP 7 of PPS 3 states that development proposals will be required to provide adequate provision for car parking and appropriate servicing arrangements. DFI Roads have been consulted and they are content with the proposals for the amended parking and access layout. This complies with PPS3.

PPS 15- Planning and Flood Risk FLD 1 - Development in Fluvial (River) and Coastal Flood Plains

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PPPS 15 sets out the planning policies to minimise and manage flood risk to people, property and the environment. Part of the site was within the Q100 flood plain so it was necessary for a flood risk assessment to be carried out. DfI Rivers has reviewed the Flood Risk Assessment by Flood Risk Consulting, prepared December 2019, and additional information provided October 2020 and accepts its logic and has no reason to disagree with its conclusions. DFI Rivers have requested that it should be brought to the attention of the applicant that the responsibility for the accuracy, acceptance of the flood risk assessment and implementation of the proposed flood risk measures rests with the developer and their professional advisors. Overall the proposal is compliance with all policies set out in PPS 15.

PPS 2- Nature Conservation Policy NH1 (European and Ramsar Sites – International states that planning permission will only be granted for a development proposal that, either individually or in combination with existing and/ or proposed plans or projects, is not likely to have a significant effect on a European Site (including SACs). Where a development proposal is likely to have a significant effect (either alone or in combination) or reasonable scientific doubt remains, the Department shall make an appropriate assessment of the implications for the site in view of the site’s conservation objectives. Appropriate mitigation in the form of planning conditions may be imposed. In light of the conclusions of the assessment the department shall agree to the development only after having ascertained that it will not adversely affect the integrity of the site.

Policy NH2 (Species Protected by Law) states that planning permission will only be granted for a development proposal that is not likely to harm a European Protected species. Planning permission will only be granted for a development proposal that is not likely to harm any other statutorily protected species and which can be adequately mitigated or compensated against.

Policy NH3 (Sites of Nature Conservation Importance – National) states that planning permission will only be granted for a development proposal that is not likely to have an adverse effect on the integrity, including the value of the site to the habitat network or special interest of an Area of Special Scientific Interest (ASSI).

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Policy NH5 (Habitats, Species or Features of Natural Heritage Importance states that that planning permission will only be granted for a development proposal that is not likely to have an adverse effect on or damage to known priority habitats and priority species, rare or threatened native species or wetlands (including rivers).

In relation to the above listed policies, the Council have submitted a habitats regulation assessment and a biodiversity checklist as well as a piling report. Given the nature of this proposal, location of the site within a the River Foyle Tributaries ASSI/SAC, the potential impact from this development proposal on protected species is considered as is the potential impact on the designated sites.

In consultation with NIEA and SES it has been established that there is potential risk of pollution during construction period. They have considered the potential impact of this proposal on Special Protection Areas, Special Areas of Conservation and Ramsar sites has been assessed in accordance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended). The applicant has submitted a preliminary construction management statement and maintenance statement outlining on how they propose to mitigate against any potential pollution. SES and NIEA have advised that subject to conditions implementing the plans they are content that there will be no adverse impact on the protected habitats or species. Therefore, the proposal complies with Policies NH 1, NH 2, NH3 and NH 5 of PPS 2

12. Conclusion and Recommendation

Having considered all material considerations, including the development plan, relevant planning policies, planning history, consultations etc. approval is recommended subject to the conditions set out in paragraph 13 below.

13.Conditions

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

Reason: Time Limit.

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

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

3. The development hereby permitted shall not come into operation until hard surfaced areas have been constructed and permanently marked in accordance with the approved drawing No 08 date stamp 13 January 2020 to provide adequate facilities for parking, servicing and circulating within the site.

Reason: To ensure that adequate provision has been made for parking, servicing and traffic circulation within the site.

4. If during the development works, contamination is encountered which had not previously been identified, works should cease and the Planning Department shall be notified immediately. This new contamination shall be fully investigated in accordance with the Environment Agency (EA) update to the Model procedures for the management of land contamination (CLR11); ‘Land contamination: risk management (LCRM)’. A suitable risk assessment shall be completed and submitted in writing to Planning Service for approval.

In the event that unacceptable risk to human health is identified a remediation strategy shall be agreed in writing with the Planning Service, and implemented. Following completion of remediation works a verification report shall be submitted to the Planning Department for approval which demonstrates the effectiveness of the works in managing all the risks and achieving the remedial objectives. (Verification works and reporting should not be undertaken by the same environmental consultancy who completed the risk assessment and remedial strategy).

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

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5. Prior to commencing ground works and construction, the applicant shall complete a site specific Construction Environmental Management Plan (CEMP) and submit this CEMP to the Planning Department of Derry City and Strabane District Council for approval. This plan shall include a program of works and identify any adverse noise, vibration and dust impacts (e.g. concrete breaking) arising from each phase of the ground and construction works. The plan must also detail the noise and dust mitigation measures necessary to protect amenity at nearby occupied properties. The plan should also include arrangements for community liaison and include a complaint procedure.

Reason: To protect amenity at nearby residential property

6. Construction activity audible at any nearby residential property shall not take place within the proposed development site outside the following hours:-

• 08.00 – 18.00 Mondays – Fridays

• 08.00 – 13.00 Saturdays and not at all on Sundays or Public Holidays

Reason: To safeguard the amenity of the occupants of nearby residential and commercial developments

7. The developer shall adopt the noise and dust control mitigation measures detailed in the ‘Construction and Environmental Management Plan’ (CEMP) dated February 2020.

Reason: To safeguard the amenity of the occupants of nearby residential and commercial developments

8. The piling of driven piles at the approved development shall not result in an exceedance of a peak particle velocity (PPV) of 1.0 mm/second at any occupied dwelling.

Reason: To provide reasonable protection of amenity at residential and commercial developments in the area given the temporary nature of the works.

9. The appointed contractor must submit a final Construction Environmental Management Plan (CEMP) for approval by Derry City and Strabane District Council Planning before

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commencement of any works on site. This final plan shall contain all the environmental mitigation as described in the outline CEMP completed by McCloy Consulting, 04/02/2020 and include drilling/piling works only during the period of 1st November – 31st March and integrate use of soft-start methodology as recommended in the HRA by Blackstaff Ecology, July 2020. This plan shall also include a program of works and identify any adverse noise, vibration and dust impacts (e.g. concrete breaking) arising from each phase of the ground and construction works. The plan must also detail the noise and dust mitigation measures necessary to protect amenity at nearby occupied properties. The plan should also include arrangements for community liaison and include a complaint procedure.

Reason: To ensure that the appointed contractor is aware of and implements the appropriate environmental mitigation during construction phase.

12.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 hydrocarbon interceptors.

Reason: To ensure that the appointed contractor is aware of and implements the appropriate environmental mitigation during construction and operation phase.

13.Subject to the above condition, the development shall be carried out in accordance with the stamped approved drawings 01, 02, 03, 04, 05, 06 and 07 dated 12th August 2019 and 08 dated 13th January 2020

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

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Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 4th November 2020

APPLICATION NO: LA11/2020/0295/O

APPLICATION TYPE: Outline

DATE OF APPLICATION: 17th April 2020

PROPOSAL: Erection of a dwelling and garage on a farm

LOCATION: Approximately 120m south west of 18 Ligford Road, Strabane

APPLICANT: Mr Michael Dooher

AGENT: Oonagh Given

ADVERTISEMENT: 04.06.2020

STATUTORY EXPIRY: 18.06.2020

RECOMMENDATION: REFUSE

REASON FOR PRESENTATION TO COMMITTEE: Refusal Recommendation

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

1. Description of Proposed Development This proposal is seeking outline planning permission for a farm dwelling at lands approximately south west of 18 Ligford Road, Strabane.

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2. EIA Determination This application has been screened by Council and as the development is not within a category listed in either Schedule 1 or Schedule 2 of The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2015, it is therefore considered that an EIA determination is not required.

3. Habitats Regulations Assessment It was advised following informal consultation with SES that assessment under the Habitats Regulations is not required as the site is a sufficient distance from the Sulickey Burn and it was determined that this proposal could not have any conceivable effect on the selection features, conservation objectives or status of any European site. SES have stated the following; “The potential impact of this proposal on European Sites has been assessed in accordance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc.) (Northern Ireland) 1995 (as amended). The proposal would not have any likely significant effect on the features of any European Site.”

Also, there are no significant trees or landscape features on this application site which will be impacted by this proposal. Therefore, it is unlikely that this proposal will adversely affect a priority species or their habitat which is afforded protection.

4. Site and Surrounding Area The site is located south west of No. 18 Ligford Road, within the rural area as defined in the Strabane Area Plan 1986-2001. The site is also located within the Sperrins Area of Outstanding Natural Beauty (AONB).

The application site has an area of 0.224 ha and is comprised of a portion of a larger roadside agricultural field on the eastern side of Ligford Road. The sites boundaries appear to have been manufactured to create an earth bund with planting on top of the bund along the north eastern, south eastern and south western boundaries (See photos below). A small portion of the agricultural field remains between the south west site boundary

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and the roadside boundary of the field. There is an existing farm laneway immediately south of the application site which leads to farm buildings which are not in connection with this farm holding or planning application. The site has an existing agricultural entrance at present as indicated on the red line where the new proposed access onto Ligford Road will be. The roadside boundary along Ligford Road has a large grass verge with the field boundaries defined by a post and wire fence. No. 18 (the applicants address) is sited to the north of the application site and is accessed via an existing laneway from the Ligford Road also. The farm and farm dwelling (No. 14 Ligford Road) in connection with this application for a farm dwelling is approximately 240 metres NE of the application site. It appears to have two existing accesses to the farm and a number of dwellings also.

Figure 1 – Site Location Plan

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Figure 2 Aerial Photo of Application Site

Farm Buildings

Site

From Figure 2 above, it is evident the site is detached from the buildings on the farm located to the North East, located approx. 240m away

Figures 3-7 below show views of this roadside site from the Ligford Road and also the earth bund around three of the sites boundaries with new planting on top.

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Figure 3 - Photo showing site from existing agricultural access

Figure 4 - Photo showing planted earth bund

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Figure 5 – Photo showing earth bund

Figure 6 - Photo taken from roadside verge showing site set back from the road adjacent to existing agricultural laneway

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Figure 7 - Photo showing roadside verge along Ligford Road looking North.

5. Site Constraints The site is within the Sperrins AONB.

6. Neighbour Notifications

7. Recent Relevant Site History There is no recent planning history on this application site.

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8. Policy Framework Regional Development Strategy (RDS) 2035 Strabane Area Plan 1986 – 2001 Strategic Planning Policy Statement for Northern Ireland (SPPS) 2015 Planning Policy Statement 2 – Natural Heritage Planning Policy Statement 3 – Access, Movement and Parking Planning Policy Statement 21 – Sustainable Development in the Countryside PPS 21 aims to manage development in the countryside in a manner consistent with achieving the strategic objectives of the Regional Development Strategy for Northern Ireland 2035.

• Policy CTY 1 Development in the Countryside • Policy CTY 10 Farm Dwellings • Policy CTY 13 Integration and Design of Buildings in the Countryside • Policy CTY 14 Rural Character

9. Consultee Responses DFI Roads – No objections to the proposal. Visibility splays of 2.4 by 90 metres are required and a Forward Sight Distance of 90 metres. They have stated that the red line on the site location plan should be amended to include the visibility splays, shown to the tangent point and not a single line. Amended plans have not been forwarded to the Planning Authority.

NI Water – No objections. Standard informatives apply

Environmental Health – No objections. Standard informatives apply

DAERA – No objections

Loughs Agency – No objections

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10. Representations There have been no letters of support or objection submitted in relation to this application.

11. Planning Assessment and Other Material Considerations Section 6 (4) of The Planning Act (Northern Ireland) 2011 requires the Council to make planning decisions in accordance with the local development plan, unless material considerations indicate otherwise. The proposal has been assessed against the policy framework listed in paragraph 8 above and all other material considerations.

The site is located within the rural countryside and as the SAP operates as the LDP the policies contained within PPS 21 will be applicable to all development proposals in the rural area. The SPPS states that where there is any conflict between the SPPS and the retained policy or any policy clarification provided in the SPPS that would conflict with the retained policy, the SPPS should be accorded greater weight in the assessment of individual planning applications.

The aim of the SPPS with regard to the countryside is to manage development in a manner which strikes a balance between protection of the environment from inappropriate development, while supporting and sustaining rural communities consistent with the RDS.

PPS 21 (Sustainable Development in the Countryside) is the primary policy when considering this proposal. The first issue to assess in this proposal is the principle of this development. In this respect the proposal must meet one of the criteria of Policy CTY 1 of PPS 21.

Policy CTY 1 Development in the Countryside: This sets out the range of types of development which in principle are considered to be acceptable in the countryside. With regard to this proposal, Policy CTY 10 applies. Policy CTY 1 further states that all proposals in the countryside must be sited and designed to integrate sympathetically with their surroundings and must meet other planning and environmental considerations, such as drainage, access and road safety.

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Policy CTY 10 Dwellings on Farms: This policy states that planning permission will be granted for a dwelling house on a farm where all of the following criteria can be met:

(a) the farm business is currently active and has been established for at least 6 years;

(b) no dwellings or development opportunities out-with settlement limits have been sold off from the farm holding within 10 years of the date of the application. This provision will only apply from 25 November 2008; and

(c) the new building is visually linked or sited to cluster with an established group of buildings on the farm and where practicable, access to the dwelling should be obtained from an existing lane. Exceptionally, consideration may be given to an alternative site elsewhere on the farm, provided there are no other sites available at another group of buildings on the farm or out-farm, and where there are either:

• demonstrable health and safety reasons; or • verifiable plans to expand the farm business at the existing building group(s). In such circumstances the proposed site must also meet the requirements of CTY 13(a-f), CTY 14 and CTY 16.

In consideration of this proposal under Policy CTY 10, point (a) it first must be established that the farm business is currently active and established for more than 6 years. DAERA have confirmed that this is the case and have also confirmed that the site is located on the 2020 farm map for this farm business ID number. The farm details provided showed this farm business has a total of 26.65 hectares which amounts of a number of fields surrounding the farm grouping and principle farm complex at No. 14 Ligford Road. The applicant resides at No. 18 Ligford Road which is to the south west of the farm holding and to the north east of the application site.

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With regards to part (b) of CTY 10, a planning history search of the holding has been carried out. It was concluded there have been no applications for farm dwellings approved or sold off on the land indicated as being in the ownership of this farm business ID within the last 10 years.

With regards to part (c) of Policy CTY 10, the site is detached from the farm grouping by approx. 240m, with a number of intervening fields south of the farm grouping on a roadside agricultural field in a relatively open landscape. It is considered the application site does not cluster or visually link with the farm grouping at No. 14 Ligford Road due to the separation distance, when viewed from the surrounding vantage points on the Ligford Road The site is open and completely detached from the farm linked with this business ID. A detailed supporting statement was submitted with the application outlining the reasons for choosing this site over sites in close proximity to the main farm grouping. This statement also agreed that the site does not meet criteria c of Policy CTY 10. Having assessed the site in terms of the above policy it is considered the site does not meet the requirements of part c of Policy CTY 10 in that the chosen site does not either cluster or visually link with buildings on the farm.

In terms of the access, part (c) of CTY 10 also states that “where practicable, access to the dwelling should be obtained from an existing lane.” The supporting statement stated that the applicant approached the Bank about acquiring a mortgage and was told he would not be granted a mortgage if the house was sharing an existing access. New accesses in themselves have integration issues and can open up a site further. Whilst the site is set back from the road, the site is still open in the rural area. Other options of sites closer to the farm grouping should be explored, to ensure the policy requirements of Policy CTY 10.

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Policy CTY 13 - Integration and Design & Policy CTY 14 Rural Character

Planning permission will be granted for a building in the countryside where it can be visually integrated into the surrounding landscape and it is of an appropriate design and where it does not cause a detrimental change to, or further erode the rural character of an area. Both these policies highlight a number of reasons why a new building would be considered unacceptable in the countryside. These policies refer to integration, prominence, inappropriate design and whether development proposals will have a detrimental impact to the rural character of the area.

In terms of integration, whilst views of the application site are generally localised to the area from the Ligford Road, Cavanalee Road and Spout Road to the West, this roadside field is open when travelling in either direction along the Ligford Road and the site lacks a suitable degree of vegetation and therefore natural enclosure. Policy CTY 13 discourages the use of new landscaping to provide integration of the development proposal. Large earth bunds with planting on top are not a common feature of the rural landscape. As a result the site is considered to be contrary to Policy CTY 13 of PPS21.

In terms of assessing impact on rural character, considering the surrounding landscape and undulating rural topography a new dwelling on this roadside agricultural field would be unduly prominent and a new domestic access onto Ligford Road would have a detrimental impact into the rural area resulting in an unacceptable form of suburban roadside development in the countryside. Para 5.62 of PPS 21 states that a group of existing buildings, such as a farm complex may also provide an opportunity to sensitively integrate a new building provided this does not adversely impact on rural character. It is considered a dwelling on this site would appear as a roadside dwelling, and not visually linked/sited to cluster with an existing farm group, therefore altering the rural character of the area due to lack of integration and prominence, and is therefore contrary to Policy CTY 14 of PPS 21.

Area of Outstanding Natural Beauty (AONB)

The site is located within the Sperrins Area of Outstanding Natural Beauty. A detailed Design & Access Statement was submitted with the application suggesting a dwelling with

Page 88 Appendix 4 a low elevation would be appropriate for the site. Policy NH 6 of PPS 2 refers to development in an AONB. A Design and Access Statement was submitted with the proposal which outlined the site characteristics, context, layout and concept. However, as this is an outline proposal, issues such as detailed design, form, materials, landscaping etc, is only dealt with at Full or Reserved Matters stage.

Access

PPS3 Access, Movement and Parking: Policy AMP 2 Access to Public Roads states that planning permission will only be granted for a development proposal involving direct access, or the intensification of the use of an existing access onto a public road where it will not:

• prejudice road safety or significantly inconvenience the flow of traffic and;

• conflict with Policy AMP 3.

Further consideration will be given to the number of access points onto the public road, the nature and scale of the development, the contribution of the proposal to creation of a quality environment and the standard of the existing road network together with the speed and volume of traffic.

A new domestic access is proposed onto Ligford Road. PPS 3 deals with new accesses. In terms of road safety, Policy AMP 2 Access to Public Roads states that planning permission will only be granted for a development proposal involving direct access, or the intensification of the use of an existing access, onto a public road where it will not prejudice road safety or significantly inconvenience the flow of traffic.

DFI Roads have been consulted and have stated that the proposed visibility splays of 2.4 by 90 metres are achievable and a forward sight distance of 90 metres, this has not been shown correctly on the site location plan. However officers are of the view the access arrangements could be resolved.

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12. Conclusion and Recommendation

To conclude, it is considered this proposal is contrary to criteria (c) of Policy CTY 10 and Policies CTY 13 & 14 of PPS 21 in that the application site is not visually linked or sited to cluster with an established group of buildings on the farm; and the site lacks long established natural boundaries and is unable to provide a suitable degree of enclosure for the dwelling to integrate into the landscape, thereby having a detrimental impact on the rural character of the surrounding area.

Having considered all material considerations, including the development plan, relevant planning policies, consultations etc. refusal is recommended for the reasons set out in Section 13 below.

13. Reasons for Refusal

1. The proposal is contrary to the Strategic Planning Policy Statement and Policy CTY 1 of Planning Policy Statement 21, in that there are no overriding reasons why this development is essential in this rural location.

2. The proposal is contrary to the Strategic Planning Policy Statement and Policies CTY 10 of Planning Policy Statement 21, in that the proposed dwelling is not visually linked or sited to cluster with an established group of buildings on the farm.

3. The proposal is contrary to Policy CTY 13 of Planning Policy Statement 21, Sustainable Development in the Countryside, in that the proposed site lacks long established natural boundaries and is unable to provide a suitable degree of enclosure for a new dwelling to satisfactorily integrate into the surrounding rural landscape. 4. 5. The proposal is contrary to Policy CTY 14 of Planning Policy Statement 21, Sustainable Development in the Countryside, and the Strategic Planning Policy Statement 2015 (SPPS) in that a dwelling on this site would, if permitted, be unduly prominent in the landscape and would therefore result in a detrimental change to erode the rural character of the countryside.

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Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 4th November 2020.

APPLICATION NO: LA11/2020/0345/O

DATE OF APPLICATION: 19.05.2020

APPLICATION TYPE: Outline

PROPOSAL: Infill site for two storey detached dwelling and garage

LOCATION: Infill site 70m north of 12 Tullanee Road, Eglinton, BT47 3DT

APPLICANT: Mr & Mrs David Beacham

AGENT: Gerard McPeake Architectural Ltd

ADVERTISEMENT: 09.06.2020

STATUTORY EXPIRY: 24.06.2020

RECOMMENDATION: Refuse

REASON FOR PRESENTATION TO COMMITTEE: The recommendation is to refuse.

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

1. Description of Proposed Development This is an outline application for an infill site for two storey detached dwelling and garage.

2. EIA Determination

This application has been screened by Council and as the development does not fall within any of the categories of Schedule 2 10 of The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017, it is therefore considered that an EIA determination is not required.

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3. HRA Stage 2 assessment under the Habitats Regulations is not required. This has been confirmed through informal consultation with SES. They have stated that the potential impact of this proposal on European Sites has been assessed in accordance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc.) (Northern Ireland) 1995 (as amended). The proposal would not have any likely significant effect on the features of any European Site.”

There are no significant trees or landscape features on this site which will be impacted by this proposal and no protected species have been identified at this site. Therefore, it is unlikely that this proposal will adversely affect a priority species or their habitat which is afforded protection.

4. Site and Surrounding Area

As seen in Figures 1 and 2 below, the application site as defined by the red line is a rectangular shaped portion of land located north of Tullanee Road. This is a roadside plot adjacent a recently constructed agricultural shed for housing sheep. On the day of the site visit the site remained as an agricultural field which is fairly level. Beyond the red outline, the field slopes downwards in a north westerly direction. The north eastern site boundary is defined by mature trees and hedgerow. A timber fence has been erected along the front of the site and a similar timber fence and the agricultural building form the south western site boundary. The north western site boundary is undefined for the most part however there is a row of mature trees along a section of this boundary. The application site will be visible intermittently when on approach to the site in both directions.

The site is located in the rural area as defined by the Derry Area Plan (DAP) 2011. This immediate area is characterised by established and new single dwellings and farm holdings. The site will be visible when travelling along this section of Tullanee Road. Given the elevated nature of this site, there are also long range views from Eglinton Village.

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Figure 1 – Site Location Plan

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Figure 2 – Application Site

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5. Site Constraints None identified.

6. Neighbour Notification Report

7. Recent Relevant Site History

LA11/2020/0067/CA - Breach of Condition no 2 of planning approval LA11/2019/0334/F -The building shall be limited to agricultural use only.

Ongoing Case

LA11/2019/0334/F - Construction of agricultural yard, farm shed, dung storage and slurry tank on the farm holding.

Permission Granted: 22.04.2020

8. Assessment of Policy

Regional Development Strategy (RDS) for Northern Ireland 2035

Derry Area Plan (DAP) 2011

Strategic Planning Policy Statement (SPPS) for NI: Planning for Sustainable Development 2015

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Planning Policy Statements (PPS’s)

PPS 21 Sustainable Development in the Countryside

PPS3 Access, Movement and Parking

PPS 2 Natural Heritage

PPS 15 Planning and Flood Risk

9. Consultations

• DFI Roads: DFI Roads requested amended plans and additional details. Following the receipt of these, this consultee have no objections to the proposal subject to standard conditions and informatives. • NI Water: No objections to the proposal. Standard informatives apply in terms of water supply and sewerage disposal. • Env. Health DC&SDC: EHD consider the impact on amenity. They have no objections to the proposal and have provided advice regarding radon and the proposed sewerage system.

10. Representations There have been no letters of objection or support received in respect of this proposal.

11. Planning Assessment, including Other Material Considerations 11.1 Section 6 (4) of The Planning Act (Northern Ireland) 2011 requires the Council to make planning decisions in accordance with the local development plan, unless material considerations indicate otherwise.

11.2 The SPPS introduces transitional arrangements which will operate until the Council’s Plan Strategy has been adopted. During this period planning authorities will apply the existing policy which is retained. Any conflict between the SPPS and the retained policy must be resolved in favour of the SPPS.

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11.3 The site is located within the countryside and outside any settlement limits as designated within the area plan. The DAP operates as the LDP. It does not contain policy specific to the infilling of dwellings. The DAP advises that the tests of the relevant rural strategy will apply in consideration of such proposals. This is provided by Planning Policy Statement 21 Sustainable Development in the Countryside (PPS21) which is identified by the SPPS as a retained policy document.

11.4 The first issue to consider in this proposal is the principle of this development. In this respect the proposal must meet one of the criteria of Policy CTY 1 of PPS 21. This proposal is considered under Policy CTY 8 Ribbon Development.

11.5 This is an outline application and therefore no specific design details have been provided other than the request for the proposal to be a two storey dwelling and an indicative site layout as shown in Figure 3 below. The indicative layout (Figure 3) shows the dwelling to be located centrally within the site adjoining the agricultural shed which has been recently constructed. This shed was approved as detailed above for agricultural use on a farm holding. This has now been sold off from the farm holding as has the land on which this dwelling is proposed.

Figure 3 – Indicative Site Layout

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11.6 The drawings indicate that a number of existing trees are to be retained and new landscaping is proposed along boundaries and throughout the site.

11.7 Policy CTY 8 states that planning permission will be refused for a building which creates or adds to a ribbon of development but that an exception will be permitted for the development of a small gap site sufficient only to accommodate up to a maximum of two houses within an otherwise substantial and continuously built up frontage.

11.8 This application site is a portion of an agricultural field with a newly constructed agricultural shed immediately to the south west. This site therefore does not benefit from being located within a line of three or more buildings. As seen in Figure 4 below and Figure 1 above, the area north east of the application site consists of an agricultural field with mature vegetation. The nearest buildings that considered as road frontage at this location are the newly constructed shed to the SW of the site and cluster of domestic sheds two fields to the NE of the site. There is a gap of approximately 60m between these buildings and the proposed dwelling. Development of the site as indicated in Figure 3 would leave a gap to the SW of15m between the site and the agricultural shed (measured from the plans)and a gap to the NE of 45m between the site and the domestic sheds. There is a newly constructed pen between the proposed site and the domestic sheds to the NE. These would not be considered a “building”.

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Figure 4 – Tullanee Road

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11.9 The application site considered alongside the adjoining agricultural field is not considered to be a small gap site for one dwelling as having considered the pattern of development in this area there is the potential for two dwellings to be located on this gap which exists. This gap provides a visual break between the existing dwellings and agricultural building. This gap and visual break is emphasised by the mature north eastern site boundary and the mature vegetation within the agricultural field. Consequently, the proposal does not constitute a gap site as set out in Policy CTY 8. Furthermore, it is considered that the addition of a new building on the site would create a ribbon of development at this location when considered alongside the agricultural shed, thus resulting in a suburban style build- up of development which is considered detrimental to the rural character of the area. It is considered that this site represents a visual break when viewed amongst the existing development in this area.

1.10 Therefore, having considered the above, it is considered that this proposal is not acceptable in principle under Policy CTY 8 of PPS 21 as it would create a ribbon of development resulting in the further erosion of the rural character of this area and as such does not comply with Policy CTY 14 of PPS 21 also.

11.11 Though the proposal is not considered to be acceptable in principle for the reasons stated above, Policies CTY 13 and 16 of PPS 21 must be considered.

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11.12 As this is an outline application, no specific details with design have been received. The indicative site layout proposes that the dwelling is located centrally within the site. This is a level portion of the field. Beyond the site boundary the field slopes downwards in a westerly direction. The roadside section of the site benefits from mature vegetation as does the north eastern site boundary. There are also some mature trees along the north western site boundary. Subject to a ridge height restriction of 7.5m it is considered that these features will provide an integration of the proposed dwelling without the over reliance on new planting. Additionally, with this being a roadside plot the access point can be located immediately in front of the proposed dwelling thus reducing the visual impact of these ancillary works. Therefore, it is considered that to comply with Policy CTY 13 of PPS 21.

11.13 Policy CTY 16 deals with sewerage infrastructure associated with proposals for rural development relying on non-mains sewerage. The applicant has stated in the P1 Form that they will be using a treatment plant. Environmental Health have provided advice in this respect. Therefore, sewage for this site will be suitably disposed of in accordance with policy CTY 16 of PPS 21

11.14 Amenity

With regards to amenity, the residents of any nearby properties are considered as is the future residents of the proposal. The SPPS states that the planning system operates in the public interest of local communities. The basic question is whether the proposal would unacceptably affect amenities of owners or occupiers of neighbouring properties and the existing use of the land and buildings that ought to be protected in the public interest. Given the location of the access there will be no adverse impact on the nearby residential properties from vehicles other than during construction. Following this, traffic movements will be from those residing at or visiting the property which would not adversely affect amenity. EH have provided standard advice for the applicant/developer to adhere to during the construction phase to ensure that there is no adverse impacts on the amenity of the adjoining dwellings. Given the location of the site there will be sufficient separation distance to ensure that the proposed dwelling will not result in overlooking or loss of light to the existing dwellings surrounding this site.

It is also noted that the proposed dwelling is located within 75m of an existing farm building/shed which has been recently approved as accommodation for sheep. As indicated by the blue line on the site location plan this is under the control of the applicant and therefore it can be reasonably assumed that the applicant will be fully aware of any potential

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impact on amenity due to farm type noise and odour. Notably, the agent has stated that this shed is now to be used for horses/ponies. If so, a further application would be required for consideration as this shed is conditioned for agricultural use. Should this property change hands the applicant/developer or successor in title will be advised by way of an informative that there may be impacts on amenity from time to time as a result of this farm building/shed. Therefore it is considered that the proposal complies with the SPPS in respect of amenity.

11.15 Site Access & Parking

PPS 3 sets out the planning policies for vehicular and pedestrian access, transport assessment, the protection of transport routes and parking. DFI Roads have been consulted and stated that the site for the proposed dwelling is the yard area approved for the turning of agricultural vehicles. Following the receipt of amended plans have no objections and as such have provided a standard condition and advice to be attached to any approval. Therefore it is considered that the proposed access will not prejudice road safety or significantly inconvenience the flow of traffic in line with Policy AMP 2 of PPS 3. Given the extent of the site, there is sufficient parking space to service this dwelling in accordance with Policy AMP 7 of PPS 3.

11.16 Natural Heritage & Flood Risk

In terms of natural heritage, PPS 2 provides the policy context. It sets out the planning policies for the conservation, protection and enhancement of our natural heritage. There are no watercourses evident abutting this site and therefore it is unlikely that this proposal would adversely affect the water environment including the selection features, conservation objectives or status of any European site. This has been confirmed through informal consultation with SES. There is no significant removal of trees/vegetation or landscape features proposed. As such it is unlikely that this proposal will adversely affect any priority species or their habitat which is afforded protection. Therefore the proposal complies with policies NH 1, NH 2, NH 3, HNH 4 and NH 5 of PPS 2 and Policies ENV 6, ENV 7 and ENV 8 of the DAP in this respect.

PPS 15 sets out the policies to minimise and manage flood risk to people, property and the environment. There have been no areas of flood risk identified on the application site. Given the

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scale and nature of this proposal, ad Drainage Assessment is not required. Therefore, it is concluded that the proposal complies with PPS 15.

12. Conclusion and Recommendation

Having considered all material considerations, including the development plan, relevant planning policies and consultations, it is concluded that the proposal is contrary to Policy CTY 8 and criteria (b) and (d) of Policy CTY 14 of PPS 21 in that a dwelling on the site would create a ribbon of development and would result in a suburban style build-up of development when viewed with existing buildings and would as a result further erode the rural character of the area. Therefore, refusal is recommended for the reasons as set out below.

13. Proposed Refusal Reasons

1. The proposal is contrary to the Strategic Planning Policy Statement and Policy CTY 1 of Planning Policy Statement 21, in that there are no overriding reasons why this development is essential in this rural location.

2. The proposal is contrary to the Strategic Planning Policy Statement and Policies CTY 8 and CTY 14 of Planning Policy Statement 21, in that the proposed dwelling would create a ribbon of development and further erode the rural character of the area.

3. The proposal is contrary to the Strategic Planning Policy Statement and Policy CTY 14 of Planning Policy Statement 21, in that the proposed dwelling will result in a suburban style build-up of development when viewed with existing buildings and would further erode the rural character of the area.

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Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 4th November 2020

APPLICATION No: LA11/2018/0372/RM

APPLICATION TYPE: Reserved Matters planning application

PROPOSAL: Local distributor road (in accordance with requirements of approval A/2005/0217/O

LOCATION: H1B Lands - Phase 1 East South of Beragh Hill Road and north of Skeoge Link Road, Galliagh.

APPLICANT: BW Homes & Construction Ltd

AGENT: Gemma Jobling

ADVERTISEMENT: 08.05.2018

STATUTORY EXPIRY: 22.05.2018

RECOMMENDATION: Approve

REASON FOR PRESENTATION TO COMMITTEE: Major development over 1 hectare.

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

Development consisting of a distributor road to provide an internal access route through the H1C zoning. This will facilitate a safe access arrangement to service the overall zoning of H1C, to an agreed adoptable standard for DFI Roads, this is achieved by linking this proposed road with the two smaller sections to the west and east of the site that have already been completed or commenced.

The proposed development is for a distributor road and forms part of the Concept Master Plan for the H1C zoning which was granted permission under reference A/2004/0071/O. During the processing of this application the agent submitted a Road safety audit response report, Drainage

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Assessment Report, Preliminary Risk Assessment, Pollution Prevention, badger survey and Badger report.

2. EIA Determination

An EIA determination was carried out as the site is greater than 0.5ha; however, it was determined that no Environmental Statement was required as there would be no significant environmental impacts. In addition, the outline application A/2005/0217/O was submitted with an Environmental Statement and the reports submitted during the course of the application were to supplement and follow on from the findings of that ES.

3. Habitats Regulation Assessment

The potential impact of this proposal on Special Protection Areas, Special Areas of Conservation and Ramsar sites has been assessed in accordance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended). The proposal would not be likely to have a significant effect on the features of any European site.

4. Site and Surrounding Area

The site is on zoned housing land within the development limits as defined in the Derry Area Plan 2011. It is part of the H1B zoning and forms part of the approved Concept Master Plan. The proposal is to agree the detail of the main connecting road between the two existing roundabouts on the Skeoge link. The road’s purpose will be to provide a main arterial route through the centre of the zoning where smaller access can then be provided to access the residential areas and commercial areas in an organised and safe way. The road will also be designed to a standard that can allow a bus to provide a service through the development and to allow school buses to access the zoned school site. The road will ultimately be adopted by DFI Roads and will be become part of the public road network.

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Site in wider context with H1B zoning at Skeoge

Approved Concept Master Plan for the H1B zoning, planning ref: A/2005/0217/O

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Site Location Plan

5. Site Constraints

The site is within an area of archaeological potential and a Loughs Agency consultation zone. Council consulted with NIEA archaeology and built heritage and also with the Loughs Agency. A summary of their replies can be found later in this report.

6. Neighbour Notification Report

Relevant Neighbour Notification was carried out.

7. Relevant Site History

A/2005/0217/O – Housing and associated facilities for new residential neighbourhood, zoned as H1B in the Derry Area Plan 2011.

8. Policy Framework

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

Derry Area Plan 2011- The site is located on zoned housing land (H1B) as defined in the Derry Area Plan.

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 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.

PPS 6 Planning, Archaeology and the Built Heritage – Sets out the planning policies for protection and conservation of archaeological remains and features of the built heritage.

PPS15 Planning and Flood Risk – looks at the possible sources of flooding and potential flood risk which need to be considered; including surface water run-off and drainage.

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

9. Consultee Responses

Environmental Health – Based on the information presented, EHS would concur with the conclusions of the various submitted reports. Informatives will be included on any decision notice to advise the applicant what to do if any unexpected contamination is discovered during development.

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Loughs Agency – Conditions provided in the event of an approval requiring storm water should not be discharged to a nearby watercourse unless first passed through pollution interception and flow attenuation measures. These conditions are as per the outline approval conditions.

Shared Environmental Services – The planning application was considered in light of the assessment requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended) by Shared Environmental Service on behalf of Derry City and Strabane District Council which is the competent authority responsible for authorising the project and any assessment of it required by the Regulations. Having considered the nature, scale, timing, duration and location of the project it is concluded that, it is eliminated from further assessment because it could not have any conceivable effect on the selection features, conservation objectives or status of any European site.

NI Water – As the proposed road network will be used for the provision of clean water infrastructure and the removal of foul sewage and the removal of storm water, Ni Water provided the following advice; Public water supply is located within 20m of the proposal and surface water sewers are available. However, there are no foul sewers available therefore the Developer is required to consult with NIW. There is available capacity in the waste water treatment facilities at Culmore WWTW to serve the proposal. Standard informatives have been provided.

DFI Roads – The road layout is considered acceptable and DFI Roads has no objections to approval being granted to this application subject to conditions and informatives.

HED Archaeology and Built Heritage - Historic Environment Division: Historic Monuments has assessed the application and on the basis of the information provided is content that the proposal is satisfactory to SPPS and PPS 6 archaeological policy requirements.

DFI Rivers – have considered that policies FLD 1, 2, 4 and 5 are either acceptable or not applicable to this site. With regards to FLD 3 The agent submitted a drainage assessment as part of the application and DFI Rivers have no reason to disagree with its conclusions

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NIEA;

Natural Environment Division – Natural Environment Division has considered the impacts of the proposal on designated sites and other natural heritage interests and, on the basis of the information provided, has no concerns.

Water Management Unit - are content with the Outline Construction Method Statement – Pollution Prevention document provided.

Land, Soil and Air - Regulation Unit Land and Groundwater Team have no objections to the development, informatives will be included on any decision notice to advise the applicant what to do if any unexpected contamination is discovered during development.

10. Representations

No representations were received during the course of the application.

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 2 Natural Heritage ; PPS 3 Access Movement and Parking; PPS6 Archaeology and The Built Heritage and PPS15 Planning and Flood Risk

There provision of the distributor road is in accordance with the requirements of PPS 3, flood risk and land drainage in accordance with PPS 15; protection of archaeology and built heritage in accordance with PPS 6; protection of natural heritage interests 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 advice from consultees and overall they justify an approval of this reserved matters application.

The purpose of the Distributor is a fundamental building block for the zoning as found in the approved Concept Master plan approved with the outline application. This is essential to achieve

Page 111 Appendix 6

comprehensive phased development in line with the aforementioned CMP. It allows for a logical progression of the zoning which will be completed in incremental phases until the overall zoning has been completed.

It facilitates access to all parts of the zoning giving each landowner equal access to the wider public road network, avoiding piecemeal development and the sterilising of parcels of land through lack of a road connection.

In addition to the approved CMP under the outline application ref A/2005/0217/O. the principle of the distributor road has also been agreed as part of the accompanying section 76 legal agreement that ensures the development is carried out in an orderly, and in the case of the stakeholders, a balanced and fair way.

The distributor will form a spine through the development which will allow the subsequent housing developments to program in their own road networks but tied into an agreed hierarchy of roads with the Distributor being the major element. This adds to the developments ability to be permeable internally with the distributor road creating the links externally to create connectivity. In this case it will be the access to the two existing roundabouts upon Skeoge and the minor subsidiary access onto the Beragh Hill road.

The Strategic Planning Policy Statement for NI (SPPS)

The SPPS supports and strengthens PPS 3. All new development should demonstrate a high quality of design, layout including road infrastructure considerations and landscaping. Good design contributes to the creation of places to live that are safe and attractive and is also a key element in achieving sustainable development.

Derry Area Plan 2011 - The application site is located on zoned housing land H1B, as identified in the Derry Area Plan.

Planning Policy Statement (PPS) 2 Natural Heritage - With regards to Policy NH 5- Habitats, Species or Features of Natural Heritage Importance where a development proposal which is likely to result in an unacceptable adverse impact on, or damage to, habitats, species or features may only be permitted where the benefits of the proposed development outweigh the value of the habitat, species or feature. In such cases, appropriate mitigation and/or compensatory measures

Page 112 Appendix 6

will be required. Council is content that the application site does not contain any meaningful vegetation that would be worthy of retention. Within the red line of the application site there was evidence of mammal holes. A badger survey was duly submitted and NIEA were consulted and advised that the mammal holes found within the site are unlikely to be badger and therefore they were content that the proposed development is unlikely to significantly impact badgers. The proposed road is part of a wider concept that has protected and enhanced the existing natural assets in an agreed open space strategy under the outline approval and associated Legal Agreement.

Any loss of hedgerow or other field boundaries will be more than offset by a planting scheme and schedule, whilst not being part of this particular application this planting will be provided as part of the wider housing applications that will feed into this distributor road. This can be found in the relevant section dealing with the open space requirements of the Concept Master Plan for the overall H1B zoning under planning ref A/2005/0217/O.

Planning Policy Statement 3 Access Movement and Parking

Existing portion of distributor road which will link up with application proposal

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Section of road (in long rectangular box) in relation to the two existing Skeoge road roundabouts. Note that the two sections of road from the roundabouts have either been completed or are currently under construction.

Planning Policy Statement 6 Planning Archaeology and the Built Heritage – Historic Environment Division Protecting Historic Monuments had previously imposed archaeological mitigation conditions under the outline approval, A/2005/0217/O as the zoning has several areas which may have some archaeological potential. In particular, to the south east of the site there is a significant “Rath” which will be protected as part of the open space strategy. During the processing of this application HED assessed the application and on the basis of the information provided they were content that the proposal is satisfactory to SPPS and PPS 6 archaeological policy requirement. As per the outline approval they have also provided conditions seeking a programme of archaeological work to be submitted and access to the site should be given to an archaeologist at all times.

PPS 15 Planning and Flood Risk

Policy FLD 1 - The Flood Hazard Map (NI) indicates that the development does not lie within the 1 in 100-year fluvial floodplain.

Policy FLD 2 - The site is unaffected by a designated watercourse and on the maps available there was no indication that the proposed development was affected by an undesignated watercourse.

Policy FLD 3 - The proposal meets the requirements of PPS 15 policy FLD 3. A Drainage Assessment was submitted during the processing of the application which was considered appropriate to the scale and nature of the development.

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Policy FLD 4 - There are no proposals to artificially modify a watercourse.

Policy FLD 5 – Not applicable.

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; specifically, the proposal is on zoned housing land and adjacent to development under construction which has been approved in line with the approved comprehensive concept master plan for the H1B zoning. The proposal meets the policy in that; there is provision of infrastructure works in accordance with PPS 3; and consideration of natural heritage interest in accordance with PPS 2 and archaeology in accordance with PPS6 and PPS15 Planning and Flood Risk all of which are supported through the SPPS for NI. Other material considerations have also been taken into account including the advice from consultees and overall they support an approval of the application.

It is therefore recommended that Council’s Planning Committee approve Planning permission LA11/2018/0372/RM for the proposed development subject to the conditions set out below;

Proposed Conditions

1. As required by Section 62 of the Planning Act (Northern Ireland) 2011 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 8 years from the grant of outline planning permission; or

(ii) The expiration of a period of 2 years from the date hereof.

Reason: Time limit.

2. 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. 14 bearing the date stamp 29 January 2020.

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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.

3. 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. 14 bearing the date stamp 29 January 2020. 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.

4. 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 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.

5. No construction traffic access to the approved site will be permitted off Beragh Hill Road or Upper Galliagh Road.

Reason: In the interests of road safety.

6. All construction traffic will enter and exit the site via Skeoge Link Road.

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Reason: In the interests of road safety.

7. 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 to surface waters which is detrimental to fisheries interests.

8. No site works of any nature or development shall take place until a programme of archaeological work, has been implemented, in accordance with a written scheme and programme prepared by a qualified archaeologist, submitted by the applicant and approved by the Council’s Planning Department. The programme should provide for the identification and evaluation of archaeological remains within the site, for mitigation of the impacts of development, through excavation recording or by preservation of remains, and for preparation of an archaeological report.

Reason: to ensure that archaeological remains within the application site are properly identified, and protected or appropriately recorded.

9. Access shall be afforded to the site at all reasonable times to any archaeologist nominated by the Department to observe the operations and to monitor the implementation of archaeological requirements.

Reason: to monitor programmed works in order to ensure that identification, evaluation and appropriate recording of any archaeological remains, or any other specific work required by condition, or agreement is satisfactorily completed.

10. A final Construction Method Statement, agreed with the contractor, must be submitted to the Council Planning Department at least eight weeks before works commence to identify all measures to be employed to prevent pollution of the adjacent watercourse from sediment, concrete, fuels or chemicals, as set out in the outline Construction Method Statement.

Reason: To prevent polluting discharges entering and impacting on the site integrity of Lough Swilly SAC and SPA.

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11. The development shall be carried out in accordance with the stamped approved Drawing, No’s: 01 Rev 01, 10 rev 1, and 14 Date Stamped 10/05/20, 29/01/20 and 09/03/20.

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

Page 118 Appendix 7

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 4th November 2020

APPLICATION No: LA11/2020/0451/O

Date of Application: 24.06.2020

APPLICATION TYPE: Outline

PROPOSAL: Site for proposed infill dwelling in line with Policy CTY8 - Ribbon Development of PPS 21- Sustainable development in Countryside

LOCATION: Lands adjacent to No.17 Temple Road, Strathfoyle, Maydown, Derry

APPLICANT: Ibrahim Banat

AGENT: MKA Planning

ADVERTISEMENT/STATUTORY EXPIRY: 17.07.2020 05.08.2020

RECOMMENDATION: Refuse

REASON FOR PRESENTATION TO COMMITTEE: Recommendation to refuse.

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

1. Description of Proposed Development The proposal is for a site for an infill dwelling under policy CTY 8 of PPS 21 2. EIA Determination

The proposal does not meet any thresholds as set out in Schedule 2 of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017, therefore an EIA screening determination was not carried out.

3. Habitats Regulations Assessment

The potential impact of this proposal on Special Protection Areas, Special Areas of Conservation and Ramsar sites has been assessed in accordance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended). The proposal would not be likely to have a significant effect on the features of any European site.

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4. Site and Surrounding Area The site is set within the countryside as set out in the Derry Area Plan 2011. The proposed site is an irregular shaped parcel of land located to the immediate south of No 17 Temple Road. The site is free from vegetation apart from the northern boundary which abuts No 17 Temple Road. This is defined by thick manicured hedging. The proposed site is relatively flat with Temple Road abutting the site along its western boundary. Located immediately to the south of the site are three Electricity Pylons and associated wirescape. Located on the opposite site of the road are two derelict buildings previously Enagh primary school. Localised views of the site on Temple Road.

Figure 1: Site Location Plan

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Figure 2 Overhead view of the site

5. Site Constraints Surface Water Flooding DAP 2011 – Within Area of Local Nature Conservation and Amenity Importance LCA 3 Strathfoyle (Enagh Loughs)

6. Neighbour Notification Report

17 Temple Road,Strathfoyle,Londonderry,BT47 6TJ 18 Temple Road,Strathfoyle,Londonderry,BT47 6TJ 8.

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6. Relevant Site History No relevant site history

7. Policy Framework Strategic Planning Policy Statement Derry Area Plan 2011 Planning Policy Statement 2: Natural Heritage Planning Policy Statement 3:Access, Movement and Parking Planning Policy Statement 21: Sustainable Development in the Countryside

8. Consultee Responses, Internal/External

DFI Roads- DFI Roads requires amended pans to address concerns.

Environmental Health Service – Advice to consult with NIE due to potential adverse impact of the adjacent pylons by reason of noise and electromagnetic interference.

NI Water- No Objection

NIE- Objection due to close proximity of electricity pylons

DFI Rivers- No Objection

SES-No Objection

9. Representations

No objections have been received to date

10. Planning Assessment and Other Material Considerations

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

In para 2.3 of the SPPS highlights that the planning system operates in the public interest and does not exist to protect the interests of one person against the activities of another. With regard to the public interest test, the proximity of NIE pylons is fundamental to the

Page 122 Appendix 7 consideration of this case. NIE have been consulted have reviewed the proposal and they note that the lands affected by the proposal are traversed by NIE 110kV Transmission Overhead Lines and associated equipment. This being the case, NIE Networks has concerns that the proposal may (either during the course of construction and/or following completion of the proposed development) infringe on the safety clearances that are required to be maintained. EHD of Derry City and Strabane District Council has also indicated a potential for an adverse impact upon the amenity of residents by reason of noise and electromagnetic field levels (EMF Levels) and have requested NIE to be consulted.

In light of the above and consultation with NIE, NIE Networks objects to this planning application at this stage due to potential operational concerns. Officers are of the opinion that the proposal has potential to adversely impact upon utilities within the locality and also result in an unacceptable impact on the amenity residents of the potential property and indeed 3rd parties due to health and safety concerns.

The SPPS echoes in para 6.73 the policy provisions of Planning Policy Statement 21: Sustainable development in the countryside (PPS21) in relation to policy CTY8 Ribbon development. Policy CTY 1 of PPS21 lists the range of types of development which in principle are considered acceptable in the countryside and that will contribute to the aims of sustainable development. The applicant has argued that the proposal is in accordance with Policies CTY 8, CTY13 & CTY14 of Planning Policy statement 21 Sustainable Development in the Countryside.

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Figure 3 View of Site Frontage

Figure 4 - View of location approaching from North on Temple Road.

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Figure 5 - View of location approaching from North on Temple Road.

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Figure 6 - View of location approaching from south on Temple Road.

Policy CTY8 Ribbon development.

Under this policy planning permission will be refused for a building which creates or adds to a ribbon of development. An exception will be permitted for the development of a small gap site sufficient only to accommodate up to a maximum of two houses within an otherwise substantial and continuously built up frontage and provided this reflects the existing development pattern along the frontage in terms of size, scale siting and plot size and meets other planning and environmental requirements.

For the purpose of this policy the definition of a substantial and built up frontage includes a line of 3 or more buildings along a road frontage without accompanying development to the rear.

As one can see from figure 3 & 4 below there is a single dwelling No 17 Temple Road which overlooks the site to the north. To the south are three electricity Pylons staggered one behind

Page 126 Appendix 7 the other to the immediate south. The applicant has indicated that the pylons as can be seen in Figure 3 and 4 qualify as buildings as defined in Policy CTY8 and combined with No 17 Temple Road, constitutes a continuous and built up frontage along this stretch of Temple Road resulting in the proposed site fulfilling the criteria of Policy CTY8 as a gap site. The applicant and agent has indicated that this assessment of “what constitutes a building” is set out in the Planning Order (Northern Ireland) 1991 which defines buildings as

“including any structure or erection, and any part of a building, as so defined but does not include plant or machinery comprised in a building”

Section 250 of The Planning Act (NI) 2011 has since superseded the definition of building as outlined in the Planning Order (Northern Ireland) 1991, but the definition remains:

“Building’ includes any structure or erection, and any part of a building, as defined, but does not include plant or machinery comprised in a building.

In addition to Section 250 of the Planning Act 2011, The Planning (General Permitted Development) Order (NI) 2015 defines a building further, but specifically for the purposes of the order itself:

“building” does not include plant or machinery or a structure or erection of the nature of plant or machinery and for the purposes of the Schedule does not include any gate, fence, wall or other means of enclosure but includes any structure or erection and any part of a building as so defined”.

In the absence of a definition of a “building” within PPS 21, Officers consider the pylons are lattice towers in structure and are considered as apparatus required in association with the transmission and distribution of electricity. The Planning (General Permitted Development) Order (NI) 2105, differentiates between apparatus and buildings for the purposes of transmitting electricity.

It is widely understood and accepted the reference to buildings as outlined in CTY 8 refers to a line of line buildings along a road frontage without accompanying development to the rear. It is difficult to comprehend how three electricity pylons could be considered to constitute a substantial and continuously built up frontage,

Page 127 Appendix 7

Therefore officers consider the site is not within an otherwise substantial and continuously built up frontage that respects the existing development pattern along the frontage in terms of size, scale, siting and plot size. It is clearly evident that the proposed site could not be deemed a gap site and fails to adhere to the criteria as set out in Policy CTY8 of PPS 21.

CTY13 Integration and Design

The site has no defined boundaries apart from the manicured hedging which defines the boundary of no 17 Temple Road which would not provide any significant enclosure or means of integration. The site is open and exposed when viewed in transit along the site frontage and from the south on temple Road. Due to the lack of any adequate means of enclosure a dwelling at this location would be conspicuous and would not integrate successfully into the landscape. Any development on site would rely primarily on the use of new landscaping for integration.

CTY14 Rural Character

Due to the lack of existing vegetation and open nature of the site a dwelling would create a ribbon of development along Temple Road. Approval of a dwelling on this site would have an adverse impact upon the rural character and thus contrary to Policy CTY14 Rural Character.

PPS3 Access, Movement and Parking

DfI Roads have been consulted and have indicated that the provision of the 2.4m x 80.0m visibility splay from the application site access to the north (critical direction) extends outside the site as outlined in red and into lands not indicated as being within the control of the applicant.

The provision of the 2.4m x 120.0m visibility splay to the north (critical direction) of the application site access will require the removal of approximately 32m of hedging and fence line within the red outline. Furthermore, approximately 25m of hedging and the gate at the neighbouring dwelling (number 17) requires to be removed and setback to achieve the visibility splay. There is no existing visibility splay.

To the south of the application site access approximately 75m of fence line is required to be removed to provide the visibility splay of 2.4m x 80.0m and earthworks will be required to provide the level verge no higher than 250mm above the adjoining carriageway and graded

Page 128 Appendix 7 embankment to the existing field level. There is no existing visibility splay, the proposal is therefore contrary to AMP 2 of PPS 3.

PPS 2 Natural Heritage and Derry Area Plan- Within Area of Local Nature Conservation and Amenity Importance LCA 3 Strathfoyle (Enagh Loughs)

The site is located within an Area of Local Nature Conservation and Amenity Importance known as LCA 3 Strathfoyle (Enagh Loughs) in the Derry Area Plan 2011. A number of Areas of Local Nature Conservation and Amenity Importance (AoLNCAI) have been defined either within or close to settlements. The areas are of particular local importance as they are found close to where development pressures are normally greatest and where there is a relative lack of other nearby nature conservation and amenity areas. The site is within the Enagh Loughs AoLNCAI, which is described as follows; Enagh Loughs - an area on the urban edge containing open water bodies (Enagh Loughs), wetlands, mature deciduous woodland, sites of archaeological and historical interest and providing for recreation, principally angling. The area acts as a buffer between the housing and hospital areas to the west and the industrial estates at Maydown and is an area of local nature conservation importance. Its overall importance derives from the combination of interests found in this relatively small area in close proximity to the growing urban area and the intrinsic quality of the landscape. Development which would damage or result in inappropriate change to the crannog at Rough Island, the town house and crannog at Green Island or to the Enagh Church and Graveyard, or to their setting, will not be permitted. A relatively large area has been included to ensure protection of views from the lakes and the setting of the lakes themselves.

Policy ENV 4 deals with development within Areas of Local Nature Conservation and Amenity Importance (AoLNCAI). It states that new development will not normally be permitted within the AoLNCAI. Exceptions to this may include proposals which: • relate to changes of use and conversions of existing buildings which could accommodate sensitive development and where such existing buildings and structures are neither unsightly nor obtrusive elements in the landscape; • are aimed at enhancing and maintaining the interest of these areas. Since some of these areas lie outside settlement boundaries, consideration of development proposals will take account of all other relevant rural planning policies. In assessing

Page 129 Appendix 7 development proposals, particular regard will be paid to the existing character and interests of the area and proposed changes to that character. Development which is likely to increase noise significantly, or detract from the quiet enjoyment of the areas will be resisted. The AoLNCAI contain a small amount of built development, much of which consists of traditional and historic buildings. These add to the amenity of the areas and the DAP 2011 encourages the sympathetic re-use and rehabilitation of these properties. The loss of these remaining buildings and their replacement with unsympathetic design solutions will be resisted. However, proposals which may be acceptable include informal recreational activities, creation or enhancement of pedestrian access, tree planting, woodland management and schemes specifically aimed at enhancing the landscape or improving the nature conservation interest.

Given its location and nature, the proposal is unlikely to have an adverse impact on the identified areas of interest, such as the Crannogs, the graveyard and church within the AoLNCAI. That being said, ENV 4 states that other than in exceptional cases, new development will not normally be allowed in AoLNCAIs. This form of development does not constitute one of the stated exceptional circumstances and therefore the proposal is contrary to ENV 4 of DAP 2011.

In terms of Natural Heritage, PPS 2 provides the policy context. It sets out the planning policies for the conservation, protection and enhancement of our natural heritage. There are no watercourses evident abutting this site and therefore it is unlikely that this proposal would adversely affect the water environment including the selection features, conservation objectives or status of any European site. This has been confirmed through consultation with SES. The proposal will not impact on any of the natural features identified within the AoLNCAI area such as the lake or woodlands. There is no significant removal of trees/vegetation or landscape features proposed. As such it is unlikely that this proposal will adversely affect any priority species or their habitat which is afforded protection. Therefore the proposal complies with policies NH 1, NH 2, NH 3, HNH 4 and NH 5 of PPS 2 and Policies ENV 6, ENV 7 and ENV 8 of the DAP in this respect.

PPS15 Planning and Flood Risk Maps have indicated that sections of the site are subject to surface are flooding. As such DFI Rivers have been consulted. The relevant policies have been assessed as follows:

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Policy FLD 2 Protection of Flood Defence & Drainage Infrastructure

An open watercourse flows along the western boundary of the site. Under 6.32 of the policy a working strip with a minimum width of 5m from the top of the bank must be retained. Clear access and egress should be provided at all times. The open watercourse sinks partway along the site boundary. It was not clear from a site visit in which direction the presumably piped watercourse continues. Provision of a working strip applies to the piped watercourse also. The applicant should consider and manage flood risk from this watercourse when developing the site.

Policy FLD 3 Development &Surface Water (Pluvial) Flood Risks Outside Flood Plains

The development does not exceed any of the thresholds or fall under any other reason to provide a drainage assessment in Policy FLD 3. However, Policy FLD 3 states ‘where a Drainage Assessment is not required but there is potential for surface water flooding as indicated by the surface water layer of the Strategic Flood Map, it is the developer’s responsibility to assess the flood risk and drainage impact and to mitigate the risk to the development and any impacts beyond the site.’

11. Conclusion:

Having considered all material considerations, including the development plan, relevant planning policies, and consultation responses it is considered that the proposal fails to meet policies CTY1, CTY8, CTY13 and CTY14 of Planning Policy Statement 21, policy ENV 4 of DAP 2011 and policy AMP2 of Planning Policy Statement 3 and the Strategic Planning Policy Statement. Therefore refusal is recommended for a dwelling at this particular location for the reasons set out in Section 12 below.

12. Refusal Reasons: 1. The proposal is contrary to Policy CTY1 of Planning Policy Statement 21, Sustainable Development in the Countryside in that there are no overriding reasons why this development is essential in this rural location and could not be located within a settlement.

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2. The proposal is contrary to Policy CTY8 of Planning Policy Statement 21, Sustainable Development in the Countryside in that the proposal would, if permitted, result in the addition of ribbon development along Temple Road

3. The proposal is contrary to Policy CTY13 of Planning Policy Statement 21, Sustainable Development in the Countryside in that it would, if permitted appear as a prominent feature in the landscape as the site lacks long established natural boundaries and is unable to provide sufficient capacity to integrate a dwelling on the site.

4. The proposal is contrary to Policy CTY14 of Planning Policy Statement 21, Sustainable Development in the Countryside in that the building would, if permitted, result in a detrimental change to the rural character of the countryside by reason of ribbon development and build-up.

5. The proposal is contrary to the Strategic Planning Policy Statement in it has not been demonstrated that the amenity of the proposed dwelling would not adversely impacted by reason of noise and electromagnetic field levels (EMF Levels) and could if approved impinge in the safe operations of the adjacent NIE pylons.

6. The proposed development is contrary to AMP2 of Planning Policy Statement 3 Access, Movement and Parking, as it has not been demonstrated, that the proposal will not prejudice the safety and convenience of road users since adequate provision has not been demonstrated onto the existing road.

7. The proposed development is contrary to ENV 4 of Derry Area Plan 2011, as the site is located within the “Enagh Lake” Area of Local Nature Conservation and Amenity Importance Importance AoLNCAI) and the form of the development is not an accepted exceptional form of new development in an AoLNCCAI.

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Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 4th November 2020

APPLICATION No: LA11/2020/0219/F

APPLICATION TYPE: Full Application

PROPOSAL: Proposed four storey extension to the northern side of the existing cleanroom facility, to provide new sub-fab. cleanroom, recirc fan and plant room floor levels. Including the provision of a new cleanroom link corridor bridge to the existing facility and alterations to the existing facility to provide a new clean lift and stairwell tower.

LOCATION: 1 Disc Drive Springtown Industrial Estate, Derry, BT48 0LY

APPLICANT: Seagate Technology (Ireland)

AGENT: AQB Architectural Workshop LTD

ADVERTISEMENT: 01.04.2020

STATUTORY EXPIRY: 15.04.2020

RECOMMENDATION: Approval

REASON FOR PRESENTATION TO COMMITTEE: Major Development – floor space is greater than 1000sqm

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

Proposed four storey extension to the northern side of the existing cleanroom facility, to provide new sub-fab. cleanroom, recirc fan and plant room floor levels. Including the provision of a new cleanroom link corridor bridge to the existing facility and alterations to the existing facility to provide a new clean lift and stairwell tower.

The following reports were submitted in support of the application; Pre-Application Community Consultation Report; Design and Access Statement; Drainage Assessment; Noise Assessment; Letters regarding Assessment of potential Emissions and Contamination Risk Assessment.

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2. EIA Determination

An EIA determination was not required as the site is 0.2ha which is below the 0.5 threshold as set out in Category 2 10A Industrial Developments and 2 10B Urban Development projects as set out under the EIA Regulations NI 2017.

3. Habitats Regulation Assessment

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

Having considered the nature, scale 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. See conditions section later in this report.

4. Site and Surrounding Area

The site is located within the settlement limit of Derry City and is located within the long established Seagate Technology (Ireland) facility which is within Springtown Industrial Estate. The site is located within the centre part of the existing complex between the existing buildings. The site occupies a gap between the rear of the factory buildings and comprises of an area of hardstanding that is presently used for ancillary storage/circulation space around the existing buildings. The existing factory buildings range from 3-4 storey in height and will enclose the proposed new extension. The site is accessed through the existing Seagate Technology Complex.

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Site Location Plan

Spatial NI Aerial Photograph of site

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Extract from Design and Access Statement indicating the sites location within Seagate Technology Complex

Extract from Design and Access Statement showing the location of the proposed extension site in the context of the existing Seagate Site setting

Page 136 Appendix 8

Photograph of application site infilling between existing buildings

Page 137 Appendix 8

Photograph of existing complex at the rear of the site

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Photograph of the front elevation of existing buildings within Seagate, the proposed extension will be located between the two buildings in the photograph

Existing buildings

Page 139 Appendix 8

Ulster Science and Technology Park lies north of the site beyond Seagate boundary. Three residential dwellings also abut the northern boundary of the Seagate Complex and these are located on Branch Road. There are some residential properties to the northwest and west of the Seagate Complex and on the opposite side of Northland Road. To the north east is Faustina Retail Park.

5. Site Constraints

There are no environmental designations on this site.

6. Neighbour Notification Report

Date Neighbour Neighbour Address Notified 10 Springvale Park 06/04/2020 Londonderry Londonderry BT48 0NY 15 Branch Road 06/04/2020 Londonderry Londonderry BT48 0NB 17 Branch Road 06/04/2020 Londonderry Londonderry BT48 0NB 19 Branch Road 06/04/2020 Londonderry Londonderry BT48 0NB 1 Aileach Road 06/04/2020 Londonderry Londonderry BT48 0AZ 1 Springvale Park 06/04/2020 Londonderry Londonderry BT48 0NY 2 Springvale Park 06/04/2020 Londonderry Londonderry BT48 0NY 3 Pioneer House, Ulster Science & Technology Park, Derry 06/04/2020

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3 Springvale Park 06/04/2020 Londonderry Londonderry BT48 0NY 4 Springvale Park 06/04/2020 Londonderry Londonderry BT48 0NY 5 Springvale Park 06/04/2020 Londonderry Londonderry BT48 0NY 6 Springvale Park 06/04/2020 Londonderry Londonderry BT48 0NY 7 Springvale Park 06/04/2020 Londonderry Londonderry BT48 0NY 8 Springvale Park 06/04/2020 Londonderry Londonderry BT48 0NY 9 Springvale Park 06/04/2020 Londonderry Londonderry BT48 0NY Allstate NI, Office 2 Springtown Business Park, Northland Road, Derry 06/04/2020

AXA Insurance, 2 Northland Road, Elaghbeg Business Park, Derry, 06/04/2020 BT48 0GY Bradleys Pharmacy, 130a Northland Road, Derry 06/04/2020 Building 2, Ulster Science & Technology Park, Derry 06/04/2020 Pakflatt, 22 Springtown Park, Derry 06/04/2020 Spar, 130 Northland Road, Derry 06/04/2020

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7. Relevant Site History

LA11/2019/0757/PAD - Proposed 3 storey extension to the Northern side of the existing cleanroom facility, to provide new sub-fab, cleanroom and plant room floor levels. Including the provision of a new cleanroom link corridor bridge to the existing facility and alterations to the existing facility to provide a new clean lift and stairwell tower. PAD Concluded superceded by application.

LA11/2019/0826/PAN - Proposed four storey extension to northern side of the existing cleanroom facility, to provide new sub-fab, cleanroom and plant room floor levels. Including the provision of a new cleanroom link corridor bridge to the existing facility and alterations to the existing facility to provide a new clean lift and stairwell tower. PAN acceptable 14th October 2019.

LA11/2020/0317/F - Proposed installation of attenuation plant to existing roof stack exhaust systems to reduce the noise emissions – Permission granted 24th June 2020

LA11/2019/0818/F - Proposed contractor’s compound including clad enclosure, retaining wall and associated site works and new single storey smoke/vape area – under consideration

LA11/2019/0775/F - Proposed new car park area – under consideration

LA11/2015/0025/F - Proposed solvent exhaust plant installation at existing industrial facility. APPROVED

A/2012/0237/F - Proposed 11kv switchboard room and associated site works - APPROVED

A/2012/0208/F - Proposed security control building at Fab 2 entrance. - APPROVED

A/2011/0485/F - Additional car parking bay - APPROVED

A/2011/0440/F - Proposed 33kv transformer switch yard and control building and associated site works - APPROVED

A/2011/0132/F - Proposed plant enclosure building to rear of existing factory to facilitate existing production facility - APPROVED

A/2011/0097/F - Alterations to increase the height of an existing single storey element and new canopy roof to tank bund - APPROVED

A/2009/0716/F - Proposed extension of existing building to provide new plating lab/ clean room and associated plant areas - APPROVED

A/1997/0429 - Erection of extension to existing factory - APPROVED

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A/1995/0856 - Erection of extension to factory - APPROVED

A/1993/6099 - Civil Service Sports Pavilion, Buncrana Road Londonderry - PRE APP ENQUIRY - APPROVED

A/1983/0789 - Construction of All-Weather Pitch, Cricket Square and Spectator Hardstanding - APPROVED

A/1993/0087 - Erection of Thin Film Wafer fabrication factory and support facilities - APPROVED

A/1990/0828 - Site for Industrial Development - APPROVED

8. Policy Framework

Derry Area Plan 2011

Strategic Planning Policy Statement (SPPS)

PPS 4 Planning and Economic Development

PPS 15 Planning and Flood Risk

PPS 3 Access, Movement and Parking

PPS 2 Natural Heritage

9. Consultation Responses

DAERA Regulation Unit – considered a preliminary risk assessment submitted by McCloy Consulting in support of the application which identified no unacceptable risks to environmental receptors. Regulation unit therefore has no objections subject to a conditions. See conditions section later in this report.

DAERA Water Management Unit – no objections

Environmental Health;

Contamination – A preliminary risk assessment was submitted in support of the application. this assessment concluded there were no potentially contaminated land uses identified either on-site or off-site therefore there were no unacceptable environmental risks identified to human health or the water environment and as such the site is deemed suitable for use. EHD is content with the findings

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of the PRA and have no objection subject to condition in the event that contamination was encountered during development works. See condition section later in this report.

Construction Noise – A noise assessment was submitted which indicated that piling noise will result in temporary disturbance at both nearby commercial offices and the closest residential properties. EHD recommend that the quietest method of piling should be adopted in order to minimise disturbance. A condition is required to be placed on any approval requiring that a CEMP is submitted prior to commencement to demonstrate the best practicable means to reduce the effects of noise, vibration and dust. A condition is also required relating to construction work hours. See conditions section later in this report.

Operational Noise – Cumulative noise predictions have been provided at a number of noise sensitive properties surrounding the site. EHD recommends a condition is required to ensure the developer demonstrates through a process of noise measurement and calculation when the plant is commissioned that the noise predictions within the Noise Assessment submitted are correct and the predicted low impact has been achieved in reality. A post completion noise assessment is therefore required and a condition is required limiting the noise levels to not exceed a limit of 27dB. See conditions section later in this report.

Air Quality – The applicant provided information indicating that the development shall result in an additional 5 emission points including two acid exhaust stacks, two solvent exhausts and a general exhaust. Acid gas scrubbers are to be fitted to the stacks for acid vapour/gas removal. Any solvent emission from the solvent and general stacks will have to meet the emission limit requirements of the Pollution Prevention and Control (Industrial Emissions) Regulations (NI) 2013. Seagate have confirmed the additional emissions resulting from the extension will not be a ‘Substantial change’ under the Pollution Prevention and Control regime definition as the expected increase in emissions will be below 25%. EHD therefore require additional Air Dispersal Modelling to be carried out to assess the overall cumulative impact of emissions at sensitive receptors including any additional emission process contributions attributable to the new extension and are content this can be dealt with by condition. See conditions section later in this report.

NI Water – confirmed this is an existing industrial complex which is already connected to public water supply via a metered connection and connected to public foul sewerage network. With regards to surface water sewers the applicant proposed to discharge surface water to Pennyburn Culvert. There is available capacity in the receiving Waste Water Treatment Works. NIW advise that regarding Trade effluent discharge the developer must contact NIW Trade Effluent team to agree discharge conditions and parameters.

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DFI Rivers – A drainage assessment was submitted in support of the application. DFI Rivers confirmed they have no reason to disagree with its conclusions and accepts the report. See detailed assessment in PPS15 section later in this report. DFI Rivers has no objection subject to condition that prior to commencement of the development a final drainage assessment containing detailed drainage network design shall be submitted to the Planning Authority for consideration and approval with DFI Rivers. See conditions section later in this report.

Loughs Agency – No Objection

DFI Roads – No extra staff or vehicular traffic is to be generated from this proposal therefore DFI Roads has no objections subject to informatives.

Shared Environmental Services – has no objection to the application and confirmed the proposal would not be likely to have a significant effect on European Sites subject to a condition. See conditions section later in this report.

10. Representations

One representation was received on the application on behalf of the 3 properties adjacent to Seagate Facility, numbers 15, 17 and 19 Branch Road. The representation raised the following concerns and raised specific questions;

• Health and Safety • Noise. The objector queries whether there would be additional noise levels to what already exists and will noise levels be independently monitored and results available to the public on request. • Air pollution. The objector queried if there had been monitoring of the existing extract systems carried out at Seagate; queried if there were potentially hazardous substances/fumes that would be detrimental to health immediately or over prolonged periods; and queried if monitoring was checked by independent agencies and can they made available to the public on request • Catastrophic event – the objector queries if there was a chance of a catastrophic event failure that could impact on adjacent properties. • Financial Issues – loss of property values • 4 storey extension; overlooking and loss of privacy • Negative Visual Impact • Negative environmental issues.

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Officers consideration

Officers consulted Environmental Health Department on the issues raised relating to health and safety, noise, air pollution and concerns regarding a catastrophic event. A response was received from Environmental Health on 15th June 2020 which provided clarification to the specific questions raised and officers then wrote to the objector providing a detailed consideration.

• Noise – A noise assessment was received in support of the application and this was reviewed by environmental health. EHD have provided conditions to ensure that newly introduced noise emissions do not exceed acceptable levels at nearby residential properties. See conditions section later in this report.

EHD also confirmed that planning application LA11/2020/0317/F for the installation of noise silencing attenuators on a number of current extract points on the western side of the Seagate Building would result in a reduction of existing noise levels in the vicinity of the properties at Branch Road.

With regards to the question would noise levels be independently monitored EHD confirmed they will review and check the noise impact assessment and this document and the Noise Assessment and noise measurements on which it was based would be available on portal.

• Air Pollution – in answer to the question if there had been monitoring of existing extract systems it is understood by EHD that Seagate carried out a number of historical noise surveys to assess noise from plant and equipment.

With regards to the question is there hazardous substances/fumes released that may be detrimental to peoples’ health – EHD confirmed that emissions to air from Seagate stacks are required to meet emission limits for volatile organic compounds in accordance with the Pollution Prevention and Control (PCC) Permit issued under the Pollution Prevention and Control (Industrial Emissions) Regulations NI 2013. These Regulations provide for the permitting of a variety of industrial activities that have the potential to cause air pollution. Seagate have installed emission abatement plant to limit VOC Emissions.

EHD confirmed they maintain a public register of information on permitted installations which contains monitoring data sent to Council in accordance with a permit condition for inspection by the public free of charge.

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Officers would add that further to this response from Environmental Health consideration has been given to the cumulative impacts from the existing stacks along with the current application proposal. Environmental Health has no objection subject to conditions. See conditions section later in this report.

With regards to the question is monitoring checked by independent agencies, EHD confirmed in accordance with the regulations, Seagate is required to provide periodic monitoring of emissions and report the findings of the monitoring rounds to Environmental Health Department. EHD confirmed they hold a public register of information on permitted installations which contains monitoring data sent to Council in accordance with the permit. This is available to the public for inspection free of charge.

• Catastrophic Event - EHD confirmed they are not aware of any catastrophic failure that could impact on adjacent properties.

As advised above officers wrote to the objector and provided the above clarification in correspondence on 5th August. The objector was also advised that a further noise assessment was received and environmental health were re-consulted on 21st July 2020 and that the findings of their assessment of the report would be available on public portal when fully considered.

• Overlooking, Privacy and Visual Impact

The nearest residential properties at Branch Road are located approx. 100m west of where the extension is to be located. The properties rear boundaries abut the larger Seagate Complex. Whilst it

Page 147 Appendix 8 is acknowledged that the extension will be higher than what is existing, given the location of the proposed extension and the orientation from neighbouring dwellings officers consider the proposal will not have an adverse impact on neighbouring properties. The overall scale height and massing when considered in the context of the already built development is acceptable when viewed from surrounding vantage points and in the context of other industrial development and the Science Park in close proximity to the site. The existing properties to the Seagate Complex are screened by the other developments by intervening vegetation on the overall site boundary of Seagate. There are no windows proposed on the building and therefore there will be no overlooking.

• Environmental Concerns

A preliminary risk assessment was submitted in support of the application and both Regulation Unit and EHD were consulted on the report. Both confirmed that there would be no impact to either environmental receptors or to human health and have provided conditions. See conditions section later in this report.

Officers have also considered the environmental impact to designated sites and consulted with Shared Environmental Services who confirmed there would be no impact to European Designated sites as a result of the proposed development.

Natural Environment Division did not comment on the application. The application site is located within an established industrial facility and the proposal is located between and infills between the two buildings. There will be no impact to the existing boundary hedge and vegetation that separates the proposed site from the existing properties at Branch Road, therefore officers consider there will be no environmental impact to protected species or habitat.

• Loss of Property Values

With regards to property values there is no evidence to suggest that property values will be affected by this development. Officers cannot attach weight to this concern.

Officers consider that all issues raised in the representation have been fully considered in the assessment of this application. See policy assessment below.

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11. Policy 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 is required to be 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 4 Planning and Economic Development; PPS 3 Access Movement and Parking, PPS 2 Natural Heritage as well as consultation responses received, the supporting information from the agent and representation received.

Proposal

The agents supporting information advises that there is a site specific requirements for additional clean rooms and a clean room link to existing FAB 1 and 2 buildings. The proposal therefore seeks to extend the existing manufacturing space and will provide an additional clean room with associated plant space.

Proposed Site Layout

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Extract from Design and Access Statement showing the proposed extension positioned between the existing factory buildings which will provide a direct access link to FAB 1 & 2 building

The extension is located to the northern site of the existing building and is located to utilise an underused part of the wider site and is positioned to link directly into existing processing Fab 1 & 2 buildings to complement the current processing lines.

The proposal is a continuation of the same industrial use on the site and does not change the land use character of the site. The agent advises it will not significantly increase rate of production but rather provide another manufacturing line to operate alongside the existing plant.

The extension includes;

- 7000m2 floor space over 4 floors - Level 0 – A new sub fab - Floor level 1 – A new cleanroom ‘FAB 2.5’ - Floor Level 2 - Fan room for re-circulation fans system (not accessible to staff) - Floor Level 3 – A new plant room - A new cleanroom link corridor bridge to the existing facility - Alterations to the existing facility to provide a new clean lift and stairwell tower.

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Existing Contextual Elevations

Proposed Contextual Elevations

The building levels step up to 4 storeys with a maximum height of c.24m. The agent states the design is based on the specific internal height requirement of the proposed use. It has been designed to take account of the existing and committed development already on or approved on site. The scale and massing of the extension is proportionate to its requirements and is necessary to service a demonstrable need for a new sub-fab cleanroom and plant room floor levels. The extension dovetails into the existing built fabric and will not demonstrably increase the scale of the overall building. It is positioned largely within the existing established footprint of the existing buildings.

The external fabric of the extension will be comprised of profiled aluminium cladding. The cladding shall be coloured light grey to tie into the adjoining buildings. The roof panels will also be finished in light grey with matching flashings. A brick plinth will be used for the underbuilding to tie in with the existing buildings.

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Proposed North and South Elevations

Proposed Eastern and Western elevations

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Proposed Sub Floor Plan

Level 1 Floor Plan

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Level 2 Floor Plan (Fan Room)

Level 3 Floor Plan (Plant Room)

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Roof Plan

Cross Section

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The extension will be read in conjunction with the existing development when viewed from along Buncrana Road, Branch Road and Northland Road, in which there will be glimpses of the roofline from various viewpoints. Officers consider that the height of the building and scale and massing will have negligible impact on the character and appearance of the existing complex, and, its appearance is in character with the existing Seagate development on site.

The Strategic Planning Policy Statement for NI (SPPS) In relation to economic development, the aim of the SPPS is to facilitate economic development needs in ways consistent with the protection of the environment and the principles of sustainable development. The existing Seagate facility serves as an economic development. This proposal for a 4 storey extension within the Seagate Complex is located within an existing industrial facility and therefore is required to be assessed under the provisions for economic development as set out in PPS 4; see detailed assessment later in this report.

The agents supporting information states that the economic delivery is hindered by demonstrable lack of sufficient clean room and plant space to develop production lines which in turn has an impact on the business’s operational efficiency. This proposal will address the site specific requirements and this in turn will promote job retention. It also states that the proposal will facilitate the on-going viability of the business and will assist in responding to development in the businesses’ product line which will make a considerable contribution to the local construction sector with multi-million pound construction costs.

Para.2.3 of the SPPS states that the planning system operates in the public interest of local communities. The basic question is whether the proposal would unacceptably affect amenities of owners or occupiers of neighbouring properties and the existing use of the land and buildings that ought to be protected in the public interest. The issues raised in the representations have been considered and the impacts on residential amenity are assessed in more detail in PPS 4 section later in this report. In summary however officers consider that it has been demonstrated that the proposal will not have an adverse impact on residential amenity either through noise, air quality impacts or contamination and environmental health has provided conditions to protect residential amenity as a result of the proposed development. See conditions section later in this report.

With regards to overlooking and privacy impacts raised in the representation, the development has been designed to infill between the existing built development on the site. The three properties on

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Branch Road are located north west of the proposed site. Whilst the extension will be 4 storey in height, officers consider that the impact on residential amenity has been considered through the positioning of the new extension which is located approx. 100m from the existing dwellings at Branch Road which adjoin the wider site to the north western boundary.

Officers consider the proposal complies with the SPPS in terms of protecting the public interest and also in relation to the consideration of economic development. The criteria to which all proposals for economic development must be specifically assessed against, is set out in PPS 4 section later in this report.

Derry Area Plan 2011 The Seagate Complex is located both on lands Zoned for Industry under Zoning IND 4 Springtown and white land as defined in the Derry Area Plan. Policy IND 4 specifically refers to Seagate. The Seagate Complex is an existing Industrial complex which manufactures disc drives and components parts. The proposed extension to Seagate complies with the Derry Area Plan.

Planning Policy Statement 4 Planning and Economic Development PED 1 Economic Development in Settlements The site is located within the settlement limit, and Seagate Technology occupies both white land and zoned industrial land IND 4 as defined in the Area Plan. Therefore, policy PED 1 is applicable to this application. Policy PED 1 permit business use where the following criteria is met; • There is no suitable site within the city or town centre or other location specified for such use in the development plan – This site is an extension of an existing facility and is inextricably linked to the existing on site operations. • It is a firm rather than a speculative development proposal for business use – The agents supporting information states the proposal will meet a need for planned additional manufacturing space within the existing building to complement the existing manufacturing process flows. • The proposal would make a substantial contribution to the economy of the urban area – The proposal will aid the business’s on-going viability and responds to market demands.

Officers consider the proposal complies with policy PED 1.

PED 9 General Criteria for Economic Development In considering PED 9 General criteria for economic development, there are a number of criteria in which development proposals have to meet, each are assessed below;

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a) The proposal is compatible with the surrounding land uses - The proposed extension will infill a portion of hard standing between existing buildings on the site. The surrounding land uses are predominantly industrial and commercial. The Science Technology Park is located north of the site and Springtown Business Park located south of the site. There are residential properties which adjoin the north western boundary of the overall complex. The impacts on residential amenity is assessed in criteria b below.

b) It does not harm the amenities of nearby residents – Environmental Health Department has considered the noise impact assessment (July 2020) and has provided conditions that the cumulative noise shall not exceed a limit of 27dB which is 5 dB below the applicable noise back ground. Conditions are also provided requiring a CEMP prior to commencement to reduce effects of noise, dust and vibration as a result of the development works.

Air quality has also been assessed and the impacts of emissions from stack emissions. EHD is content that there will be no adverse impact on residential amenity as a result of emissions and have provided conditions. It should also be noted that any emissions have to meet the emission limit requirement of the Pollution Prevention Control (Industrial Emissions) Regulations NI 2013 and Seagate Technology are already regulated by EHD under Permit no PPC/01/C/0035/V4.

The concerns raised relating to residential amenity in terms of visual impact, overlooking and privacy; the proposed site is located between existing buildings and is centrally located within the overall complex. The nearest residential properties at Branch Road are located approx. 100m north west of where the extension is to be located. Whilst it is acknowledged that the extension will be higher than what is existing, given the location of the proposed extension and the orientation from neighbouring dwellings officers consider the proposal will not have an adverse impact on neighbouring properties. The overall scale height and massing when considered in the context of the already built development is acceptable when viewed from surrounding vantage points and in the context of other industrial development and the Science Park in close proximity to the site. The existing properties to the Seagate Complex are screened by the industrial development by intervening vegetation on the overall site boundary of Seagate. There are no windows proposed on the building and therefore there will be no overlooking.

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c) Does not affect features of natural or built heritage – There are no natural or built heritage features within the application site. Existing boundary vegetation on the sites boundaries is outside of the application proposal.

d) It is not located in an area of flood risk or exacerbate flooding- The site is not located within a floodplain. A Drainage Assessment was submitted during the processing of the application to assess the potential risk from surface water flooding. DFI Rivers confirmed the Drainage Assessment is acceptable subject to a condition requiring final drainage design details to be submitted for approval. See detailed assessment of PPS 15 FLD 3 later in this report.

e) Does not create a noise nuisance - Environmental Health has provided conditions relating to noise as discussed earlier and in criteria b above. f) Capable of dealing with emissions or effluent - Environmental Health and Regulation Unit Land and Ground Water Team have considered the contamination report submitted and consider there will be no adverse impact to environmental or human health receptors subject to conditions, see conditions section later in this report. With regards to emissions, EHD has also considered the supporting information from the agent with regards to emissions and have also given consideration to the cumulative impacts from the existing stacks along with the current application proposal. EHD recommend that further air modelling is carried out and have provided conditions. It should be noted that Emissions to air from Seagate are also regulated under the Pollution Prevention Control Regulations permit. Environmental Health has no objection subject to conditions. See conditions section later in this report. Officers are content that there will be no detrimental impact from emissions as a result of the proposal.

g) The existing road network is capable of additional traffic – The proposal will not create additional traffic to the site. DFI Roads has no objection.

h) There is adequate access arrangements, parking and servicing within the site – The site benefits from adequate access and parking arrangements. The proposal will not result in the intensification of the access.

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i) A movement pattern is provided – The proposal will not result in additional trips and the existing movement pattern of the business will be retained. This promotes access through a variety of means including walking and cycling. There are cycle parks provided within the existing site. j) The layout, design, associated infrastructure and landscaping arrangements are of a high quality and assist the promotion of sustainability and biodiversity – The site layout positions the proposed extension between the existing built form, and maximises efficiency within the site. The proposed design is 4 storey in height and the building infills an area of hardstanding between the existing development at the rear of the site. The design is suited to the extensions needs and is discussed in detail earlier in this report. Officers consider the design, scale and massing are acceptable to the site and context. There will be no new infrastructure or landscaping arrangements as part of this application not will there be any impact on existing biodiversity. In terms of sustainability the agents supporting information advises that the proposal will promote economic sustainability of the business.

k) It has been indicated this proposal will require a high level of security – The development is located within the existing service yard of the Seagate Complex and benefits from existing security measures on site. l) it is designed to deter crime and promote personal safety – refer to point k above. m) In the case of proposals in the countryside, there are satisfactory measures to assist integration into the landscape – The site is not located in the countryside, it is in the settlement limit of Derry City however any existing mature boundary treatments will remain unaffected by this proposal and are outside the red line of the application site boundary.

In considering the proposal and its location, this proposal for a 4 storey extension to the existing Seagate facility complies with PED 9 of PPS 4.

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Planning Policy Statement 15 Planning and Flood Risk

FLD 1 Development in Fluvial and coastal Flood Plains – The Flood Hazard Map (NI) indicates that the development does not lie within the 1 in 100 year fluvial floodplain. The proposal complies with FLD 1.

FLD 2 Protection of Flood defence and Drainage Infrastructure – There are no designated watercourses within the site. In the event of an undesignated watercourse being discovered FLD 2 will apply.

FLD 3 Development and Surface Water – DFI Rivers reviewed the Drainage Assessment by McCloy Consulting received 6th March 2020 and accepts its logic and has no reason to disagree with its conclusions. Storm water from the new proposed extension is to be attenuated for the 100 year event, at a brownfield rate of 21.4l/s. It will then enter into the existing storm water drainage infrastructure which currently discharges into a designated watercourse known as Pennyburn Culvert Branch A, U 211104A.

DFI Rivers advise that it should be noted that this Drainage Assessment is based on preliminary information and/or design with the suggestion the final design must comply with limiting discharge to 21.4l/s to the downstream drainage network. Therefore, DFI Rivers require a condition be placed on any approval that prior to the commencement of the development a final drainage assessment containing detailed drainage networked sign compliant with annex D of PPS 15 be submitted for approval. See conditions section later in this report.

FLD 4 Artificial Modification of watercourses – not applicable to the site. No culverting is proposed.

FLD 5 Development in proximity to Reservoirs – Not applicable to this site.

Planning Policy Statement 3 Access Movement and Parking

As this proposal will not generate extra staff or vehicular traffic DFI Roads has no objection subject to informatives. The proposal will not alter the existing access or parking arrangements for the site. The proposal complies with PPS 3.

Planning Policy Statement 2 – European Sites

This planning application was considered in light of the assessment requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended) by

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Shared Environmental Service on behalf of Derry City and Strabane District Council which is the competent authority responsible for authorising the project and any assessment of it required by the Regulations. Having considered the nature, scale 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. A condition is required in the event that should contamination be encountered on the site works must cease and the risks investigated. See condition section later in this report.

12. Summary and Conclusion

The proposal is considered acceptable in that it is in accordance with the DAP 2011 and other material considerations. Specifically, the proposal is located within an existing industrial complex partly on zoned industrial land and meets the criteria of PPS 4 for economic development. It has been demonstrated there will be no impact on infrastructure works in accordance with PPS3; sewerage and land drainage in accordance with PPS 15, protection of European sites under PPS 2 all of which are supported through the SPPS. Other material considerations have been taken into account including the advice from consultees and the representation received. Full consideration of the objection is detailed in section 10 above and Environmental Health have also fully considered the issues raised and a written response was sent to the objector. The conditions as suggested by officers below will fully protect nearby residential amenity. Having considered all material considerations of the application Officers recommend to the Planning Committee that application LA11/2020/0219/F is approved subject to the conditions set out below;

1. The development hereby permitted shall be begun before the expiration of 5 years from the date of this permission.

Reason: As required by Section 61 of the Planning Act (Northern Ireland) 2011.

2. If during the development works, contamination or risks are encountered which have not previously been identified, works should cease and the Planning Department shall be notified immediately. This new contamination shall be fully investigated in accordance with the Environment Agency (EA) update to the Model procedures for the management of land contamination (CLR11); ‘Land contamination: risk management (LCRM)’. In the event of unacceptable risks being identified, a suitable risk assessment and remediation strategy shall be

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completed and agreed with the Planning Authority in writing in conjunction with Environmental Health, DAERA and Shared Environmental Services, and subsequently implemented and verified to its satisfaction prior to occupation of the development. Reason: Protection of environmental receptors to ensure the site is suitable for use and to avoid adverse effects on European Sites.

3. Prior to commencement of construction the developer shall provide a Construction Environmental Management Plan (CEMP) for approval. The plan must demonstrate the adoption and use of the best practicable means to reduce the effects of noise, vibration and dust. The plan should include, but not be limited to: • A construction method statement for each phase of development. • Procedures for maintaining good public relations including complaint management, public consultation and liaison. • Arrangements for liaison with the Derry City and Strabane District Council’s Environment and Neighbourhoods Team. • Deliveries to and removal of plant, equipment, machinery and waste from the site to take place within permitted hours. • Proposals for noise compliance monitoring at noise sensitive receptors • Mitigation measures as defined in BS 5228: 2009 +A1:2014 Noise and Vibration Control on Construction and Open Sites – Part 1: Noise shall be used to minimise noise disturbance from construction works. • Procedures for emergency deviation of the agreed working hours. • Control measures for dust and other air-borne pollutants.

Once approved, the Construction Environmental Management Plan shall be adhered to at all times, unless otherwise agreed in writing with the Planning Authority.

Reason: To protect residential amenity.

4. Construction work, which is audible at any noise sensitive property outside the site, shall only take place between the hours of 08:00 - 17.00 hours on Monday to Friday, 08.00 - 13.00 hours on Saturday with no such working on Sunday. Outwith these hours, work at the site shall be limited to emergency works which must be agreed in advance with the Environment and Neighbourhoods

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Team of Derry City and Strabane District Council, or construction work that is not audible at any noise sensitive property.

Reason: To control noise levels from construction noise at noise sensitive locations.

5. The BS4142:2014+A1:2019 ‘Rating Level’ of the cumulative noise from the approved development calculated at Noise Sensitive Receptors R1, R2, R3, R4, R7 (Identified in Table 4 of the Cassidy Acoustics Noise Assessment) shall not exceed a limit of 27dB (5dB below the applicable

background noise level of 32dBLA90).

Reason: To protect residential amenity,

6. Within 6 weeks of commissioning of the operational approved development the operator shall submit a post completion noise assessment which demonstrates through a process of measurement and calculation that the BS4142:2014+A1:2019 ‘Rating Level’ limit of 27dB has been met at Noise Sensitive Receptors R1, R2, R3, R4, R7 (Identified in Table 4 of the Cassidy Acoustics Noise Assessment). In the event that the BS4142:2014+A1:2019 ‘Rating Level’ limit of 27dB is not met the operator shall carry out noise mitigation works within a time period agreed with the Planning Department to meet the noise limit stipulated in Condition 7.

Reason: To protect residential amenity.

7. Prior to commencement of the approved development the developer shall submit to the Planning Department (in conjunction with the Environmental Health Department of Derry City and Strabane District Council) for approval a written methodology outlining the approach to be taken in completion of the atmospheric dispersion model required under Condition 8. This methodology shall include but not be limited to:

• Details of receptor locations were ground level concentrations of pollutants are to be modelled; • A list of the pollutants to be modelled • The individual Environmental Assessment Levels (EAL’s) for the pollutants to be modelled.

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Reason: To provide evidence that pollutant emissions associated the development shall not have an adverse health impact at nearby residential receptors.

8. Prior to occupation of the development the developer shall engage the services of a competent person to complete an atmospheric dispersion model of the individual pollutants (agreed under Condition 7) which shall be emitted from the approved development. The dispersion model should consider both new emissions of these pollutants combined with existing emissions of the same pollutants. Inputs to the dispersion model shall be based on the typical plant operational conditions and typical meteorological conditions for the area. The dispersion model shall predict ground level pollutant concentrations at receptor locations surrounding the plant as agreed under Condition 7. The predicted ground level concentrations shall then be compared against Environmental Assessment Levels agreed under Condition 1; and a written report shall be provided detailing the conclusions of the modelling exercise.

Reason: To provide evidence that pollutant emissions associated the development shall not have an adverse health impact at nearby residential receptors

9. Prior to the commencement of any of the approved development on site, a final drainage assessment, containing a detailed drainage network design and compliant with Annex D of PPS 15 must be submitted to the Planning Authority for its consideration and approval.

Reason: To safeguard against flood risk to the development and elsewhere.

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Title of Report: Officer Presenting: Principal Planning Officer Item 9 – Consultation on Donegal County Development Plan Variation – SEA & HRA Scoping re. Ten-T Roads Improvements

1 Purpose of Report / Recommendations

1.1 The purpose of this Paper is to advise Members of a consultation received from Donegal County Council regarding the Strategic Environmental Assessment (SEA) Screening Report, the Appropriate Assessment (AA) Screening Report and on the Proposed Variation No 1 to the County Donegal Development Plan 2018-2024.

1.2 Consideration and any comments on these documents is sought before the close of consultation on 4th November 2020.

2 Background

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

 the N15 to by-pass Ballybofey-Stranorlar  the N13 near Letterkenny, to improve its access towards Derry, Strabane and to Sligo  the N14 from near Letterkenny to Lifford / Strabane / A5 Link

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

Page 167 2.3 On 21st July, Donegal County Council wrote to this Council with a consultation regarding the Strategic Environmental Assessment (SEA) Screening Report, the Appropriate Assessment (AA) Screening Report and on the Proposed Variation to the County Donegal Development Plan. Given the timing of the consultation in relation to the summer recess of the Council, as well as the technical nature of the Environmental reports, our officers proceeded to issue a response on the 10th August 2020.

2.4 On 13th October, this Council (as an Adjoining Planning Authority) received a further, similar, consultation letter, stating that Donegal Council had ‘subsequently found it necessary to prepare a new Proposed Variation’ and also done new SEA and AA Screening Reports. They have asked for any observations or comments to be submitted no later than the 4th of November 2020.

2.5 The Consultation letter is attached at Appendix 9 and the Consultation documents can be viewed at the following link: http://www.donegalcoco.ie/services/planning/developmentplansbuiltheritageincl udinggrants/cdp%202018-2024%20(variation%20no.%201%20ten-t)/

3 Key Issues

3.1 As stated above, Donegal County Council has prepared a new Proposed Variation to the County Donegal Development Plan 2018-2024 and therefore they have also done a new SEA screening and a new AA screening; they have determined that:

1) a Strategic Environmental Assessment (SEA) Environmental Report will be required regarding the likely significant effects on the environment of implementing the proposed variation, and

2) Appropriate Assessment is required into effects on European sites

3.2 This Council’s Planning officers have reviewed the consultation documents and are broadly in agreement and accept the findings of the respective documents. Therefore, the comments and observations are set out in the proposed response letter at Appendix 10, very similar to those given in the previous consultation.

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

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

5 Recommendations

Page 168 5.1 Members are requested to note the contents of this Paper and agree for officers to issue the attached letter to Donegal County Council, before close of consultation at the end of 4th November 2020.

Appendix 9: Copy of consultation Letter sent to this Council

Appendix 10: Draft Response Letter to issue to Donegal County Council regarding the Environmental Reports for the Variation to the Donegal County Development Plan and the Ten-T Road Improvements project.

Page 169 This page is intentionally left blank Page 171 Page 172

Paul Christy Senior Executive Planner Donegal County Council - by email

[email protected] [email protected]

Date: 4th November 2020

Dear Mr Christy,

SEA & HRA Scoping Consultation for Co Donegal Dev Plan Variation re.TEN-T Roads Improvements Project

I refer to your e-mailed letter and consultation documents to this Council dated 13th October 2020 regarding the above-mentioned matter. Thank you for the consultation and opportunity to input to the process. The matter has been considered at the recent meeting of the Planning Committee and comments are as follows:

Preliminary Comments This project relates to 3 road sections, namely: 1) the N15 to by-pass Ballybofey-Stranorlar 2) the N13 near Letterkenny, to improve its access towards Derry, Strabane and to Sligo 3) the N14 from near Letterkenny to Lifford / Strabane / A5 Link

Derry City and Strabane District and Donegal County together form the North-West Region, which is considered to be a functional economic and spatial region and the two respective Councils work closely together, co-operating to develop and market the region jointly for the benefit of both districts. Both Governments and the Councils have been mutually supportive of the suite of longstanding major roads proposals on both sides of the border which have been considered to be complementary and important infrastructure for the whole region, including the new A6, new A5, A2 Upgrade and these 3 roads. Together, they will significantly improve journey times between these key settlements within this region and provide external connectivity to / from the region to Belfast, Dublin and Sligo / the ‘Atlantic Corridor’.

Page 173

The NW Region and its infrastructure, including the 3 roads in question, have been consistent with many government, regional and Council documents in recent years, including the RoI National Planning Framework, the NW Regional Spatial & Economic Strategy, Co Donegal Development Plan, the NI Regional Development Strategy 2035 and indeed this Council’s recent Local Development Plan draft Plan Strategy (LDP dPS). Derry and Letterkenny are identified as a ‘Linked Gateway’ in the RDS and, together with Strabane, the 3 settlements are being considered as a ‘cross-border Metroppolitan City Region’ in the NPF and RSES. Therefore, Derry City & Strabane District Council (DC&SDC) is very aware of and supportive of these 3 major and strategic roads improvements.

Specifically, please see the recent LDP dPS documents which reference these roads: https://www.derrystrabane.com/getmedia/f0dfee6f-7ba0-4422-8a29-6163562286e2/DC-SDC_Local- Development-Plan-final-online_1.pdf In particular, see Paras. 2.3, 2.32, 2.34, 2.50-2.57 and Chapter 11 especially Para 11.20. Cross-border connectivity including these road proposals were also referenced in the LDP Transport Evidence Base Paper EVB 11 – Paras 3.70 & 5.5 (as well as 11A NW West Transport Study). https://www.derrystrabane.com/Subsites/LDP/LDP-draft-Plan-Strategy- (dPS)/LDP-Plan-Documents

Road No 1, to bypass Ballybofey-Stranorlar will be very beneficial as it links Derry – Letterkenny (N13) and Strabane (N15) to Sligo, Galway and the ‘Atlantic Corridor’.

Road No 2, near Letterkenny, will also be very beneficial as it will significantly improve the link between Derry and Letterkenny themselves (N13), their links to the ‘Atlantic Corridor’ and also the link from Letterkenny to Strabane and onwards to Dublin. A key theme in the NW Transport Plan, the LDP and in the Donegal CDP is to encourage modal change, away from the private car towards public transport and to aspire to provide Park and Ride / Share facilities at key locations near and beyond Derry (and Letterkenny) – see LDP Para. 11.29. Therefore, it would be important to have adequate land and design these (bus and P&R/S) facilities into this particular scheme – of major road junctions at the edge of Letterkenny. (It may be useful for NTA / designers to liaise with DfI regarding complementary proposals for P&Rs at Buncrana Rd, Derry and at Strabane.)

Whilst all 3 roads projects will be beneficial for the whole Region, only Road No 3 will have a direct interface with Derry City & Strabane District i.e. this N14 from near Letterkenny to Lifford / Strabane will involve a new road bridge over the River Finn and linking to the new A5 WTC just off the Urney Road at Castletown, at the SW edge of Strabane. The map supplied does not show clearly the location / extent of the Preferred Option corridor to the south of the N15 down to the River Finn; therefore, it is difficult to establish exactly where this bridge would be located. Presumably, this has been co-ordinated with the plans for the A5 WTC, Junction 7, as shown on p21 of https://www.a5wtc.com/Documents/7756/Download

Page 174 a) Comments regarding Strategic Environmental Appraisal (SEA)

We have read the SEA Screening Report and it seems to be reasonable, having covered all the main potential environmental impacts and concluding that ‘the proposed variation would be likely to have significant effects on the environment’ and hence that it is necessary to undertake a full Strategic Environmental Appraisal Report for the project. It is noted that one of the reasons for requiring SEA is ‘The fact that the variation has the potential to give rise to transboundary effects including: impacts on Natura 2000 sites, air pollution, noise pollution and landscape impacts.’

Based upon the Screening Report, observations in relation to the scope / content of the SEA Report includes: - It may be useful to name the Local Development Plan (LDP 2032) for Derry City and Strabane District, as ‘another plan’ that is influenced by the project – see background above. - It may be useful to consider the above-mentioned Park and Ride / Share facilities at key locations, on each of the 3 Road Sections (particularly section 2), as a means of reducing car usage in both districts, and mitigating negative impacts – see background above. - It would be important to clarify on the nature and extent of this road project No 3 (and bridge?), so that the project / impacts may be assessed – see background above. - Section 3 and Section 1 corridors have correctly been identified as being upstream, with potential impacts on this District, particularly the River Finn SAC, the River Foyle & Tributaries SAC (and Moneygal Bog SAC & Owenkillew SAC and the Sperrin AONB – though their links are likely to be much less) – which can be further assessed.

b) Comments regarding Appropriate Assessment – Natura 2000 Habitats Regulations Assessment

We have also read the HRA Appropriate Assessment Screening Report and it too seems to be reasonable, having covered all the main potential impacts on the Natura 2000 European sites, and concluding that a full Appropriate Assessment is necessary ‘as it cannot be excluded, on the basis of objective information, that the proposed variation, either individually or in combination with other plans and projects, will have a significant effect on a European Site. Based upon the AA Screening Report, observations in relation to the scope / content of the AA Report includes: - It would be important to clarify on the nature and extent of this road project No 3 (and bridge?), so that the project / impacts may be assessed – see background above. - Section 3 and Section 1 corridors have correctly been identified as being upstream, with potential impacts on this District, particularly the River Finn SAC, the River Foyle & Tributaries SAC (the Moneygal Bog SAC & Owenkillew SAC have been effectively screened out, as impacts are ‘unlikely’) – which can be further assessed.

Page 175

I trust that these comments from this Council are useful and assist you in progressing with the respective SEA and AA procedures. Whilst this consultation appears to have been issued to ‘each Environmental Authority and Adjoining Planning Authority’, it is not clear if it the formal environmental consultation body in Northern Ireland has been consulted; if not, please consult DAERA SEA Team on: [email protected] and DAERA CDP Team at [email protected]

If you do require any further clarification, please do not hesitate to contact Head of Planning, Maura Fox or Proinsias McCaughey, Principal Planning Officer in Local Development Planning.

Yours sincerely

Planning Committee Chair

Page 176 Agenda Item 10

Title of Report: Officer Presenting: Head of Planning

Item 10: Inaccuracy in Committee Minutes Author: Democratic Services Officer

1 Purpose of Report/Recommendations

1.1 To seek a recommendation from the Committee to correct an inaccuracy in the Minutes of a previous Planning Committee meeting.

2 Background

2.1 DfI collate information for one of their statistical indicators in respect to decisions taken by the Planning Committee. This information is obtained from the published Council Planning committee minutes throughout the year. Aligning with this, the Council’s Planning Section record the case officer recommendation and committee decisions on a database. The data is validated to ensure that both sets of data match.

2.2 Through the above process, an inaccuracy in the Planning Committee Minutes of the meeting held on 3 July 2019 - Minute Reference P83/19, was identified. Whilst the resolution was accurate, the associated minute narrative was inaccurate.

2.3 The Minutes of the Planning Committee held of 3 July 2019, were approved at the Council Meeting held on 18 July 2019 (Minute Ref. C201/19) with no amendments noted or approved.

3 Key Issues

3.1 Below is an extract of the minutes of the Planning Committee, Minute Reference P83/19, with the suggested inaccuracy corrected:

“LA11/2019/0166/O - Proposed infill dwelling between No. 113 and no. 115 Slieveboy Road, Claudy.

V1.3 Effective 21 May 2019 Page 177 The Senior Planning Officer presented the above application, details of which were previously circulated to Members. She provided an overview of the background to the application and, based on material consideration and in line with planning policy, recommended that refusal approval be granted subject to conditions as outlined in the report.

Councillor McGuire moved, seconded by Alderman Kerrigan to support approval of the application for reasons as outlined by the Senior Planning Officer.

The outcome of the vote was unanimous support of the proposal.

The Committee

Resolved that planning application LA11/2019/0166/O be approved planning permission for reasons as outlined within the report.

3.2 Due to the regulatory responsibilities of the Planning Committee, it would be beneficial to correct this inaccuracy.

3.3 As the Planning Committee does not have delegated responsibility to make a resolution on this matter, a recommendation from the committee via the contents of the Minutes of this meeting can be made, which can be ratified by Council.

3.4 Councils inherent quality checks are designed to identify and correct any inaccuracies in draft Minutes i.e. checks by the Committee Clerk, followed by relevant officers and then Members at the Council meeting. The action proposed in this report would only be required in exceptional circumstances.

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

4.1 If the Committee supports the correction of the inaccuracy, this will be reflected in the Minutes of today’s meeting; which will be presented for ratification at the Council meeting at the end of the month.

4.2 Where Council accepts the inaccuracy, the original minute cannot be altered; however, a note can be made at the end of the Minutes indicating the subsequent correction.

5 Recommendations

V1.3 Effective 21 May 2019 Page 178 5.1 To make a recommendation to amend the inaccuracy in the Minutes of the Planning Committee held on 3 July 2019 – Minute Reference P83/19.

V1.3 Effective 21 May 2019 Page 179 This page is intentionally left blank Agenda Item 11

Title of Report: Officer Presenting: Principal Planning Officer Item 15 – Re-advertisement of the Fermanagh & Omagh District Council Local Development Plan Draft Plan Strategy - Proposed Changes Consultation

1 Purpose of Report / Recommendations

1.1 The purpose of this Paper is to advise Members of the re-running and re- advertisement of the Fermanagh & Omagh District Council Local Development Plan Draft Plan Strategy - Proposed Changes Consultation. Members considered the previous consultation with a paper to the Planning Committee in September 2020.

2 Background

2.1 Fermanagh and Omagh District Council‟s Draft Plan Strategy - Proposed Changes Consultation was to run for consultation for 8 weeks, commencing on Thursday 16th July 2020 and ending on Friday 11th September 2020.

2.2 However, it was realised that the original Schedule of Proposed Changes was incorrect so it cancelled that consultation exercise. Fermanagh & Omagh District Council has now updated the consultation document to reflect all the changes agreed with Councillors and the Council is now re-running its consultation, which runs from 8th October to 3rd December 2020. Specifically, the new documents accurately reflect the agreed position of the Council, particularly in relation to policies MIN04: Unconventional Hydrocarbon Extraction, FLD03: Sustainable Drainage Systems, RE01: Renewable and Low Carbon Energy Generation and HOU17: Affordable Housing in the Countryside.

2.3 The proposed changes can be viewed here: https://www.fermanaghomagh.com/services/planning/local-development-plan- draft-plan-strategy-proposed-changes-consultation-2/

3 Key Issues

Page 181 3.1 Members will recall that they considered the previous consultation with a paper to the Planning Committee (Item 10) on 2nd / 3rd September 2020. Members agreed to issue a letter to Fermanagh & Omagh District Council, broadly responding to say that we noted the proposed changes and had no further comment to add regarding the Proposed Changes, having considered in particular whether they would have any significant impact on our adjoining District or our own emerging LDP.

3.2 With the latest consultation, the 4 areas requiring updating were as follows:

 MIN04 - Unconventional Hydrocarbon Extraction. Update: no changes are proposed to the wording of draft Policy MIN04 and the agreed draft policy wording can be found in the Fermanagh & Omagh District Council Draft Plan Strategy document as published in October 2018. As there are no proposed changes to draft Policy MIN04 – Unconventional Hydrocarbon Extraction, it is not included in the Schedule of Proposed Changes;

 FLD03 – Sustainable Drainage Systems. Update: the policy has been amended to increase its application to all types of development given the benefits of this type of drainage solution;

 RE01 – Renewable and Low Carbon Energy Generation. Update: has been amended to more closely reflect the regional strategic policy within the SPPS with additional criteria relating to decommissioning and restoration and fall distance from public road and to remove reference to large-scale solar installations. The draft policy as proposed would not permit Solar Farms within the Fermanagh & Omagh part of the Sperrin AONB or their proposed Special Countryside Areas (SCAs) and Areas of High Scenic Value (AoHSV);

 HOU17 – Affordable Housing in the Countryside. Update: the proposed policy has been updated to increase the potential number of affordable dwellings from 6 to 8 dwellings in a group. Deletion of references to Rural Development / Community Association in line with representation from NIHE and legal advice.

3.3 This Council‟s Planning officers have reviewed these latest amendments and are content that they reflect regional strategic policy guidance where applicable and the basis for their required change.

3.4 In terms of any impact these amendments may have on those proposed policies / designations contained within our own LDP draft Plan Strategy, Officers note the enhanced overall thrust for landscape protection within the most sensitive landscapes within the Fermanagh and Omagh District. Proposed wording amendments, particularly with AONB or Special Countryside Areas, tighten the need for landscape consideration, reduce the range of activities considered appropriate within such areas and require enhanced supporting landscape submissions along with any applications in such areas.

Page 182 3.5 Whereas both Councils‟ policies for such sensitive areas was previously considered broadly comparable in tone and intent, in terms of both policy and justification wording, it could now be considered that the Fermanagh & Omagh policies could be perceived as stricter in terms of landscape protection in their most sensitive landscapes and appropriate development (if any) within them. Therefore, whilst there will inevitably be some scope for different policies across the 4 Districts of the Sperrin AONB, we will need to consider the impact this may have on the co-ordination between the adjoining Councils. This could affect the „soundness‟ of both LDPs.

3.6 It is suggested that the officers, and relevant Members, convene a further (virtual) meeting of the Sperrins Forum during November, to discuss the proposed changes and indeed the latest AONB-related feedback from Consultation bodies and Representations to our respective LDP draft Plan Strategies / POP for CC&GBC.

3.7 In due course, LDP Officers will review our relevant policies to ensure there is a respective „read over‟ across the AONB. Any changes considered necessary in the natural environment / landscape section or any other part of the dPS, arising from responses made to our LDP dPS representation / counter-representation consultation periods will require to be agreed with Members prior to their future public consultation.

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

4.1 There are not considered to be any financial, equality, HR, Improvement, Rural Needs or other implications arising out of this paper. To note, the requirement for cross-Council co-ordination is an important consideration for this Council in achieving the “soundness” of our LDP dPS at the Independent Examination.

5 Recommendations

5.1 Members are requested to note the contents of this Paper, familiarise themselves with the ongoing re-consultation accessible via the link in Para. 2.3, to agree / participate in a meeting of the Sperrins Forum and agree to the draft response to issue to Fermanagh & Omagh District Council LDP team prior to the 3rd December 2020 consultation deadline.

Appendix 13

Draft response letter on Proposed Changes Re-Consultation, to issue to Fermanagh & Omagh District Council LDP Team

Page 183 This page is intentionally left blank Appendix 13

Date: xx November 2020 Ms Hilda Clements Plan Manager Fermanagh & Omagh District Council Planning Department

Re: Fermanagh & Omagh District Council Local Development Plan Draft Plan Strategy – Re-Consultation on Proposed Changes

Dear Hilda,

Derry City and Strabane District Council (DC&SDC) welcomes this opportunity to engage with Fermanagh & Omagh District Council on the amended public re-consultation of your Local Development Plan Draft Plan Strategy – Proposed Changes, received which commenced on the 8th October 2020.

DC&SDC Planning officers have reviewed the amended Schedule of Proposed Changes document, its associated Appendices and accompanying Assessments. We note that Fermanagh and Omagh District Council considers that the majority of the changes proposed do not fall cleanly within either of those categories as prescribed in DPPN 10 - stating they consider that whilst the changes in many cases may be important and significant, they are not required to make the plan ‘sound’. This Council has no specific further comment to add regarding the Proposed Changes, having considered in particular whether they would have any significant impact on our adjoining District or our own emerging LDP.

However, we do note from the Proposed Changes document, an enhanced requirement for landscape protection within the most sensitive Fermanagh & Omagh District landscapes (AONB / SCA & AoHSV, etc.). To this end, we look forward to holding a further meeting of the Sperrins Forum during November, as it is important to ensure that there is a strategic policy compatibility across the AONB, so that we, and hopefully all Sperrin AONB Councils, are, in future, delivering a holistic approach to development within these more important landscapes.

Planning Officers have also reviewed the Screening findings of the Proposed Changes in relation to the accompanying assessments undertaken as part of the Draft Plan Strategy process and concur with the findings.

Page 185 Appendix 13

I trust that you find these comments useful. The Council’s Planning Committee considered this amended Proposed Changes re-consultation at its meeting on 4th November 2020 and the resolution will go forward to full Council for ratification on 26th November 2020. Should there be any change after this date, we will write to you. This Council looks forward to continuing liaison with Fermanagh & Omagh District Council as we progress our LDPs and plan for the future of our adjoining Districts.

Yours sincerely,

Planning Committee Chair

Page 186 Agenda Item 12

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 11 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 one new appeal was submitted to the PAC since the last Committee meeting:

1) LA11/2017/0902/F (2020/A0075) Housing development consisting of 97 No. units, creation of new access and associated infrastructure and ancillary works. Lands at Ballygudden Road, to the north and west of No.11 Ballygudden Road, Eglinton.

Appeal under Section 60 of The Planning Act (NI) 2011 – Non Determination Appeal

V1.3 Effective 21 May 2019 Page 187

3.2 Members are advised one appeal decision has been notified since last committee meeting. Copy of the decision is attached in Appendix 12.

1) LA11/2017/0053/CA (2019/E0034)

Alleged unauthorised Anerobic Digester Plant consisting of primary and secondary anaerobic digesters, Vielfrab solid feed unit, combined heat and power plant and office building, electricity substation, flare, weigh bridge, feedstock storage clamps, concrete apron, hard standing, effluent storage tanks, pre pit and use of sheds and slurry tanks for the storage of digestate. Land North of 53 Dunnalong Road, Bready, Tyrone, BT82 0DW

Decision: Enforcement Notice Terms Varied 30/09/2020

3.3 Members are advised that two claims for costs have been submitted to the PAC for decision in respect of the following appeals:

1) LA11/2019/0271/F (2019/A0243) Proposed retention of 3 no. apartments - 2 no. 2 bedroom apartments and 1 no. 1 bed apartment, 19 Westend Park, Derry City, BT48 9JF.

2) LA11/2017/0833/F (2019/A0242) Change of use from dwelling to 6 bedroom HMO 19 Westend Park, Derry City, BT48 9JF.

3.4 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.

As noted in para 3.3, two claims for costs have been submitted to the PAC for decision.

V1.3 Effective 21 May 2019 Page 188 5 Recommendations

Members note the update on the appeals.

6. Background Papers

Background Papers

Appendix 11 Appeals Schedule

Appendix 12 PAC Decision

V1.3 Effective 21 May 2019 Page 189 This page is intentionally left blank Appeals Schedule Derry City and Strabane District

Please Note: Applications are listed in order received by PAC Appendix 11

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 191 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 11

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

Page 192 Page refuse terrace single BT48 7PJ occupancy dwelling to a 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 11

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 193 Page

Appeals Schedule Derry City and Strabane District

Please Note: Applications are listed in order received by PAC Appendix 11

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

Page 194 Page erection of cabin 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 11

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 195 Page refuse Against Council

Appeals Schedule Derry City and Strabane District

Please Note: Applications are listed in order received by PAC Appendix 11

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

Page 196 Page stationing of concrete 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 11

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 197 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 11

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

Page 198 Page Mills, Tyrone

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 11

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 arcade(A/2014/0314/ Page 199 Page 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 11

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

Page 200 Page 21 A/2014/0086/F 2019/A0086 Appeal against Redevelopment of Lands adjacent Dan Committee Decision Written Rep sent 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 11

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 201 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 secondary anaerobic Enforcement Notice digesters, Vielfrab Varied 30/9/20 on solid feed unit, legal grounds on combined heat and appeal only.

power plant and Currently awaiting office building, dates and electricity substation, procedures for flare, weigh bridge, remaining grounds feedstock storage to heard.

Appeals Schedule Derry City and Strabane District

Please Note: Applications are listed in order received by PAC Appendix 11

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

Page 202 Page application fill site) adjacent to) 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 11

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 goods. Page 203 Page

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 11

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

Page 204 Page creation of a 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 11

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 205 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 11

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

34 LA11/2017/0902/F. 2020/A0075 Non Housing development Lands at Mr John Paul Appeal against Awaiting Dates Determination consisting of 97 No. Ballygudden McGinnis failure to take Appeal units, creation of new Road, to the planning decision north and west (Section 60 of Page 206 Page access and associated infrastructure and of No.11 Planning Act ancillary works Ballygudden (NI)2011) Road, Eglinton.

Park House Park House Enforcement 87/91 Great Victoria Street Appeal 87/91 Great Victoria Street BELFAST BELFAST Appeal BT2 7AG Decision BT2 7AG T: 028 9024 4710 T: 028 9024 4710 Decision on F: 028 9031 2536 F: 028 9031 2536 E: [email protected] E: [email protected] Legal Grounds

Appeal Reference: 2019/E0034 Appeal by: Assured Energy LLP Appeal against: An enforcement notice dated 16th August 2019 Alleged Breach of Planning Control: Alleged unauthorised anaerobic digester plant consisting of primary and secondary anaerobic digesters, Vielfraß solid feed unit, combined heat and power plant and office building, electricity substation, flare, weighbridge, feedstock storage clamps, concrete apron, hard standing, effluent storage tanks, pre pit, and use of sheds and slurry tanks for the storage of digestate Location: Lands north of 53 Dunnalong Road, Bready Planning Authority: Derry City and Strabane District Council Authority’s Reference: LA/2017/0053/CA Procedure: Hearing on 5th February 2020 Finding by: Commissioner A Speirs, dated 30th September 2020

Grounds of Appeal

1. The appeal was brought on grounds (a), (b), (c), (d), (e), (f) and (g) as set out in Section 143(3) of the Planning Act (Northern Ireland) 2011. There is a deemed planning application by virtue of Section 145(5). The appellant’s statement of case indicated that ground (e) was not being pursued. This decision considers grounds (b), (c), and (d) only.

The Notice

2. The appellants submitted that the Enforcement Notice (EN) is invalid as it would predetermine the outcome of a number of planning applications relating to the appeal site and the alleged breach of planning control, which the Council has not yet determined. It was argued that if these applications are approved, the alleged unauthorised development would cease to be such.

3. The Council has served an EN in respect of what appears to it to be a breach of planning control; Section 138(1) of the 2011 Act allows it to do so. The existence of undetermined applications does not preclude the Council’s service of an EN. Section 148(1) of the Planning Act states that “where, after the service of ⎯ (a) a copy of an enforcement notice; or (b) a breach of condition notice, planning

2019/E0034 1 Page 207 permission is granted for any development carried out before the grant of that permission, the notice shall cease to have effect so far as inconsistent with that permission”; this provision clearly envisages situations where planning approval is granted for previously unauthorised development. The existence of current undetermined applications does not render the subject EN invalid.

Ground (b) – that the alleged unauthorised development has not occurred.

4. To succeed under this ground it has to be demonstrated that what is described in the notice as the alleged breach is not what was happening on the site on the key date, i.e. the date of the issue of the notice. This is a matter which is essentially one of fact. For the appellant company it was argued that no unauthorised change of use of the slurry storage tanks under the pre-existing farm building had occurred.

5. The EN refers to “…use of sheds and slurry tanks for the storage of digestate”. The Council sought to differentiate between slurry from cattle on the farm and digestate stored by the appellant company, some of which is sourced outwith the host farm. It was also submitted that digestate storage by the appellant company represented an intensification, tantamount to a material change of use of the underground tanks.

6. The Nutrient Action Programme Regulations (Northern Ireland) 2019 define slurry as:- (a) excreta produced by livestock whilst in a yard or building; (b) a mixture of such excreta with bedding, rainwater, seepage, washings or any other extraneous material from a building or yard used by livestock or in which livestock manure is stored; or (c) any other organic manure or any combination of these, of a consistency that allows it to be pumped or discharged by gravity at any stage in the handling process and includes dirty water that is stored with slurry or mixed with slurry. The same Regulations define organic manure as:- (a) livestock manure; and (b) fertiliser, not being livestock manure or chemical fertiliser, derived from organic matter, and includes anaerobic digestate (my emphasis), sewage sludge, residues from fish farms and other organic wastes. As the regulations effectively define anaerobic digestate as slurry, I do not accept that using the tanks under the sheds for storage of digestate, in itself, involves a change of use, irrespective of who carries it out.

7. It was also posited that the amount of waste now being stored is considerably greater than was envisaged when the tanks were built and that this involves a material change in the use of the tanks. I do not accept this argument for 2 reasons. Firstly, the tanks have a fixed volume and, when full, are at maximum storage capacity which cannot physically be exceeded. Secondly, the planning approval for the anaerobic digester did not include the existing building or seek to specify or restrict the source of slurry stored under same. The third party referred to a 400% overloading of the slatted storage; however, I note that this is a safety issue related to the physical structure of the tanks and not to their use in planning terms. I am not persuaded that the use of the tanks under the cattle sheds for storage of digestate involves a material change of use and ground (b) succeeds in respect of this matter, which should be deleted from part 3 of the EN.

2019/E0034 2 Page 208 Ground (c) - that those matters (if they occurred) do not constitute a breach of planning control.

8. For the appellant company it was argued that the EN includes development that has been the subject of the grant of planning permission under approval reference J/2011/0424/F. The approved drawing 03 revision 1 shows the layout of the approved development. The Council argued that, since parts of the operational development that has occurred are not in conformity with the approved plans, the entire development is unlawful. The judgements in Sage v SoS for the Environment and the Regions [2003] 1WLR 983 and Singh v SSCLG & Sandwell BC [2010] EWHC 1621 (Admin) were cited as relevant by the Council.

9. I was presented with a drawing showing the digester development as approved and as built. The 4 approved storage silos and the 2 digester structures are not built exactly in the positions shown in the approved plans. The silos are constructed approximately 4m further to the east and the digesters roughly 5-7m to the northeast. The secondary digester is marginally larger than approved. The weighbridge is larger than that approved and erected in a different position. The CHP building, as constructed, is around one-third larger than that approved and has been built in a different position, albeit with an overlap of the 2 footprints. The gas flare and NIE sub-station have been erected in different positions from those approved.

10. I consider the changes to the positioning of the silos and digesters to be non- material in the context of the site, and the extent of the approved scheme. The gas flare and sub-station, whilst fairly insignificant structures, are located in different positions from those approved. The changes to the positions of the CHP building and weighbridge, taken together with changes to their dimensions, are more significant alterations and, in my view, would have required planning permission. I note that planning applications have been submitted, seeking to regularise changes to boundary treatments, visibility splays and the changes to the positions and size of the CHP building, the weighbridge, the gas flare, and the NIE sub-station. An application for a Non Material Change was submitted in 2017 in respect of ‘Proposed agricultural anaerobic digestion facility together with all associated site works’.

11. Although the anaerobic digester operation comprises several structures and buildings, all were elements included in planning application J/2011/0424/F. It is established law that if part of an approved development is unlawful, then the entirety of that development is unauthorised. The Council drew attention to the issue as addressed in Sage by Lord Hobhouse at paragraphs [23]-[25]. As is stated by Mr Justice Hickinbottom in Singh, “where a person wishes to change a development for which he has a final planning permission, the scheme does not allow such a change without the consent of the planning authority, under (for example) section 73 or section 96A” (the latter correspond with Sections 54 and 67 of the 2011 Planning Act in NI). None of the changes to the approved development have been granted consent by the Council. The changes that have been undertaken are therefore unlawful. This renders the entire development unlawful. Given this, the appeal on ground (c) cannot succeed. As the issue of non-compliance with condition 7 of the 2012 approval is not pursued by the

2019/E0034 3 Page 209 Council, I do not intend to address the appellant’s submissions in respect of the matter as set out in its statement of case and in appendix 9 thereto, entitled ‘Legal Submissions’.

Ground (d) that at the date when the notice was issued, no enforcement action could be taken in respect of any breach of planning control which may be constituted by those matters.

12. The EN was served on 16 August 2019 and in accordance with section 132(1) and (3), no enforcement action can be undertaken in respect of those operations which were substantially complete before 16 August 2014. The appellant company submitted that the various elements of the 2012 approval should be regarded as discrete operations and that the issue of substantial completion should be considered in respect of each of these. The Council submitted that the anaerobic digester operation is the critical matter and that each element should be regarded as part of a wider whole; as such the entirety of the operational development would have to be substantially complete by the critical date for the development to have acquired immunity from enforcement.

13. An aerial photograph of the ongoing development, dated 14th August 2014, has been provided in evidence. This shows the silos and digesters partially constructed and the foundations of the CHP building in place. The silos are incomplete, and the main walls of each section thereof do not appear to have been fully constructed. The digesters’ outer walls have been constructed; however, the roof covering is not in place. The appellant’s submission is that the digesters could have been used to store slurry as constructed by 14th August 2014 and were thus substantially complete. I do not accept this argument. Given that the digesters are constructed to process digestate, and to generate and contain biogas, the absence of the biolene roofing is a clear sign that the buildings were not substantially complete; they could not have been used for the purpose for which they were approved and built. I do not consider, nor have I been provided with any evidence, that the situation on site had changed by 16th August 2014, 2 days after the aerial photograph was taken. The static pressure tests, which started on 17th August, appear to relate to the concrete walls only and do not demonstrate that the roof coverings were in place by 16th August. In fact, the tests show that rainfall had increased water levels in the tanks during the testing period. In my opinion none of the operational development approved under permission reference J/2011/0424/F was substantially complete by the critical date and, in the circumstances, I judge that ground (d) of appeal fails.

Decision

 The appeal on ground (b) succeeds in respect of the reference to use of the sheds and slurry tanks for storage of digestate. It fails in all other respects.

 The appeal on ground (c) fails.

 The appeal on ground (d) fails.

 Part 3 of the notice is varied to read:-

2019/E0034 4 Page 210 “Alleged unauthorised anaerobic digester plant consisting of primary and secondary anaerobic digesters, Vielfraß solid feed unit, combined heat and power plant and office building, electricity substation, flare, weighbridge, feedstock storage clamps, concrete apron, hard standing, effluent storage tanks, and pre pit”

 Part 4 (c) of the notice is deleted.

COMMISSIONER A SPEIRS

2019/E0034 5 Page 211

List of Appearances

Planning Authority:- Mr C Fegan BL Mr C Rodgers, Planning Department Mr J Loughran, Planning Department

Appellant:- Mr S Beattie QC Mr B Martyn, Cleaver Fulton Rankin Solicitors (CFR) Mr A Larkin, Gravis Planning Mr A McLoughlin, Appellant Company Mr P McEvoy, Jr Counsel Mr S McClintock, CFR Mr A McLoughlin, Appellant Company Mr R Agus, MRA

Third Parties:- Mr P Sweetman Mr R Pollock Mr CR Pollock

List of Documents

Council:- “A” – Statement of Case with Appendices “A2” – Comments on post hearing evidence

Appellant:- “B” – Statement of Case with Appendices and Booklet of Authorities “B2” – Documents provided at hearing “B3” – Post hearing Submission “B4” – 2nd Post hearing submission

Third Parties:- “C” – Statement of Case with appendices, Mr R Pollock “C2” – Comments on post hearing evidence

Page 212 Agenda Item 13

Title of Report: Officer Presenting: Principal Planning Officer Item 12 – Update on Tree Preservation Orders for March – October 2020

1 Purpose of Report / Recommendations

1.1 The purpose of this Paper is to advise Members on Tree Preservation Order (TPOs) activity since the start of the COVID 19 restrictions in March 2020. From that time, the serving and confirming of TPO’s has been operating under the Amended Delegated Scheme.

2 Background

2.1 Agreement was received at the Special Meeting of the Planning Committee on 24th March 2020 (Chairperson’s Business, Minute SP4/20), for an Amended Delegated Scheme for a temporary period, due to the Coronavirus; this Amended Scheme would empower the Head of Planning, and nominated senior officers, to proceed to take all decisions regarding the making of Provisional and Full / Confirmed Tree Preservation Orders. In accordance with Regulation 9 of the Planning (Development Management) Regulations (NI) 2015, the Department of Infrastructure then agreed the Amended Scheme of Delegation on 31st March 2020.

2.2 The associated requirements for publication of the Scheme (Regulation 10) were also complied with, so the Amended Scheme became operational. Subsequent reviews of the Amended Delegated Scheme at the Planning Committee on 1st July (P76/20) and 3rd September 2020 (P104/20) have agreed to continue the Amended Scheme until a further review in January 2021. Accordingly, the decisions to proceed to issue and confirm Tree Preservation Orders are being considered under the Delegated Scheme (as Amended).

2.3 During the period that the Amended scheme has been operational, 6 Tree Preservation Orders have been made and / or Confirmed. Four are located in Derry City and two in Strabane Town. Details of each are provided below, for Members’ information:

Page 213

3 Key Issues

3.1 32 – 36 Derry Rd, Strabane. A Provisional TPO was served on the above sites on 31st July 2019 and subsequently re-served on the 31st January 2020. Houses at 34 and 36 Derry Rd, Strabane had been recently demolished along with the felling of much of their surrounding mature trees. A large period residence remains at No. 32 Derry Rd; trees in its grounds were considered to be at risk and also of meeting the other criteria for TPO protection. The Provisional TPO was served before any possible felling could occur at this site.

3.2 The woodland areas, hedgerow trees and mature leafy roadside vegetation provide an attractive treed character on this approach road into Strabane town. No representations were received during the statutory 28-day objection / representation period in response to either of the two Provisional TPO’s. The procured arboricultural survey plotted and tagged 160 trees / tree groups on the site. 33 trees were excluded from the Confirmed TPO due to their health and condition / species or location. This TPO was Confirmed with Modifications on 3rd June 2020 as a result of a paper presented to the virtual Planning Committee on 24 March 2020.

3.3 Lands to the West of No 1 Prehen Wood, Derry. A Provisional TPO was served on the Prehen site on 22nd October 2019. It was served due to officer concerns, as a result of emails from the new owners of No 1 Prehen Woods, who indicated their desire to extend the curtilage of their garden into the woodland to the west. This site contains several semi-mature deciduous species surrounded by younger self-seeding tree scrub. Their emails indicated the apparent willingness of the site developer to facilitate this curtilage extension. The greater part of the Prehen Woods are protected by a confirmed TPO (TPO/1999/0004) and are a significant public asset. The statutory period for this pTPO finished on 19th November 2019. No representations were received. This TPO was confirmed with Modifications under the Delegated Scheme, by Officers on 17th April 2020.

Page 214 3.4 141 Lower Main St, Strabane. A Provisional TPO was served on 141 Lower Main Street on the 9th December 2019 to protect a mature deciduous tree in the rear of the property. The single Sycamore tree was provisionally protected as a result of a request from a local Councillor who raised local concerns that the tree was to be imminently felled. This single tree is the only tree present in this rear residential square at this part of Lower Main Street, Strabane. The statutory period for this pTPO at Lower Main Street finished on 6th January 2020. No representations were received during the period. This TPO was confirmed under the Delegated Scheme, by Officers on 3rd June 2020.

3.5 Adjacent to No 6 Limavady Rd, Derry. The detached period property sits on a prominent roadside location at the A2 Limavady Rd / Deanfield road junction. The property was well screened with mature Leylandii on the roadside boundaries and a mix of privet hedging and over mature evergreen garden shrubs elsewhere. Two very visually prominent and mature Copper Beeches are located on the pavement section along the A2 Limavady Rd. Significant branches from both trees encroach into the site. The site was being advertised ‘For Sale’ via on site billboards. The trees are located on the roadside pavement and would be the property of DfI Roads.

3.6 It was considered that that while the site itself was not worthy of protection, the adjacent Copper Beeches were worthy of protection due to their size, visual significance in all seasons and in short and long range views along the Limavady Rd. The statutory period for this site ended on 31st March 2020. No representations were received during the period. A paper detailing the Provisional serving of this TPO was prepared for the 1st April 2020 Planning Committee which was subsequently cancelled due to the COVID pandemic. This TPO was confirmed under the Delegated Scheme by Officers on 25th August 2020.

3.7 Waterfoot Park, Caw, Derry. A prominent Beech and a Horse Chestnut were Provisionally protected on the 22nd June 2020. They are located on a grass verge immediately adjacent to a site subject to a current planning application which has been contentious for surrounding residents. The trees are prominent in local views, particularly from varying angles at the Caw roundabout and at the entrance to the Waterfoot Hotel and adjacent housing. Tree removal from the site itself has generated significant correspondence. Several site inspections based on previously submitted housing layouts had initially concluded that the trees on or adjacent to the site did not meet the criteria for TPO protection for several reasons. Either because they were outside of the development site and were not ‘under threat’ from development or alternatively they were of a quality or species that would not merit TPO protection e.g. Leylandii conifer type

Page 215 3.8 However, an amended housing scheme was then received and it was then considered that these two prominent trees, located immediately adjacent but outside the development site, could be at risk due to their dominance / proximity and also from development activity which could damage their root plates and future stability and viability. A tree survey has recently been undertaken and, subject to the consideration of its findings, the TPO on both trees is due to be Confirmed under the Delegated Scheme in the coming weeks, before the expiry of their 6-month Provisional protection on 22nd December 2020. No representations were received during the statutory 28 representation / objection period.

3.9 25 Deanfield, Limvady Rd, Derry. Three very-visible and mature deciduous trees were Provisionally protected on 30th June 2020. They consist of two tall Copper Beech (16ms) and a slightly smaller Sycamore (15ms) on the roadside curtilage of a small bungalow which was the subject of an application for extensive renovations. No mention was made of these prominent trees in the submitted plans. It is recognised however that the three trees, while impressive in the streetscape are considerably overbearing in terms of their size on surrounding properties.

3.10 1 Representation was received during the statutory 28-day period. While not objecting to the making of the Provisional TPO, the resident sought appropriate remedial works to bring the trees back into a scale suitable for the narrow streetscape and to negate insurance issues on their house. A tree survey was undertaken on 12th October and indicated that while the two Copper Beech are suitable for Confirming, the Sycamore has a significant decay pocket at its main fork which may require its future felling.

3.11 Officers will consider the suitability of further protection on this tree due to this Health and Condition Report. Tree works are recommended for one of the trees, including a crown reduction of 3-4 metres. The contents of the Tree Report will be shared with the Agent to alert them to its findings. Those trees considered necessary will be Confirmed under the Delegated Scheme in the coming weeks before the expiry of their 6-month Provisional protection on 30th December 2020.

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

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

5 Recommendations

5.1 Members are requested to note the contents of this Paper.

Page 216

Page 217 This page is intentionally left blank Planning Applications Decisions Issued

From: 01/10/2020 To: 30/10/2020

No. of Applications: 80

Reference Location Proposal Date Application Number Decision Status Issued

LA11/2015/0226/F Site 100m North of 51 Dock Proposed part change of use 22/10/2020 PERMISSION Street Strabane from covered market to 3 no GRANTED industrial units and 3 no storage

Page 219 Page units LA11/2016/0436/F 12 Sproule Road Retention of diagnostic and 28/10/2020 PERMISSION Castlederg with additional automotive electrical repair GRANTED vehicular access onto workshop with new access to Carrickdartans Road Carrickdartans Road, Castlederg Castlederg LA11/2016/0781/F 18 Lower Strabane Road Retention of car compound 29/10/2020 PERMISSION Churchtown GRANTED Castlederg LA11/2017/0925/O Lands between 6 Gosheden Proposed Infill Dwelling. 27/10/2020 PERMISSION Road and 12 Gosheden Road Proposed infill dwelling. GRANTED Ardmore. BT47 3TG Agenda Item 14 LA11/2018/0847/LB 6a Northland Road Retention of Change of use from 22/10/2020 PERMISSION Derry/Londonderry rental accommodation to a B&B GRANTED and retrospective works to facilitate B&B. LA11/2018/0882/F 6a Northland Road Retention of Change of use from 22/10/2020 PERMISSION Derry/Londonderry rental accommodation to a B&B GRANTED BT48 7HU and retrospective works to facilitate B&B.

Page 1 of 18 Planning Applications Decisions Issued

From: 01/10/2020 To: 30/10/2020

No. of Applications: 80

Reference Location Proposal Date Application Number Decision Status Issued

LA11/2019/0143/F Rear of 1 Brook Road Proposed 2 storey building, 14/10/2020 PERMISSION Dunamanagh ground floor containing store and GRANTED Strabane retention of existing car wash and BT82 0PF first floor store. LA11/2019/0290/O Unit 1 Sprintown Industrial Proposed redevelopment to 16/10/2020 PERMISSION Page 220 Page Estate provide site for a 25,000 Sq. Ft. REFUSED Derry retail Class 1 -food (15,000 Sq. Ft. sales area), 200 car parking spaces with vehicular access off Springtown Road. LA11/2019/0739/F Surestart Proposed Community Hub & 20/10/2020 PERMISSION 1 Ringfort Road Proposed Creche GRANTED Derry BT48 0PZ & Land to NE Currently occupied by Childrens Playpark LA11/2019/0775/F 1 Disc Drive Proposed new car park area. 16/10/2020 PERMISSION Springtown Industrial Estate GRANTED Derry BT48 0LY LA11/2019/0818/F 1 Disc Drive Proposed contractor's compound 19/10/2020 PERMISSION Spring Industrial Estate including clad enclosure, GRANTED Derry retaining wall and associated site BT48 0LY works and new single storey smoke / vape area

Page 2 of 18 Planning Applications Decisions Issued

From: 01/10/2020 To: 30/10/2020

No. of Applications: 80

Reference Location Proposal Date Application Number Decision Status Issued

LA11/2020/0018/F Oak Country Manor Section 54 application to vary 12/10/2020 PERMISSION Crescent Link condition 9 of planning GRANTED Derry permission LA11/2017/0834/F which required a 3.5m earth bund to be erected along Crescent Link frontage for noise mitigation; to be varied to create a 2.8m earth

Page 221 Page bund to ensure sufficient noise mitigation. LA11/2020/0079/O Front garden of No.66 Culmore Residential development to 16/10/2020 PERMISSION Road provide 3no. two storey dwellings GRANTED Derry and associated works BT48 8JB LA11/2020/0095/O Lands South and West of Nos. Proposed residential 28/10/2020 PERMISSION 55 & 57 Gulf Road development, consisting of 13 REFUSED Killaloo No. units Co. Derry LA11/2020/0119/F 53 Concess Road Relocated milking parlour, 22/10/2020 PERMISSION Sionmills collection shed and 5 cow dry GRANTED Strabane house, incorporating BT82 9NB underground slurry tank LA11/2020/0129/F Site no 2 adjacent to the north la11/2020/0134/f One two storey 20/10/2020 PERMISSION of no40 Gortree Road dwelling house with detached GRANTED Drumahoe garage and new entrance to Derry Grotree Road BT47 3LL

Page 3 of 18 Planning Applications Decisions Issued

From: 01/10/2020 To: 30/10/2020

No. of Applications: 80

Reference Location Proposal Date Application Number Decision Status Issued

LA11/2020/0134/F Site No 1 One single storey dwelling house 21/10/2020 PERMISSION immediately adjacent to the with detached garage. GRANTED south of No 42 Gortree Road Drumahoe Derry BT47 3LL

Page 222 Page Managh More townland LA11/2020/0137/F 28 Glenview Manor Proposed two storey extension to 21/10/2020 PERMISSION Strabane gable of existing dwelling and GRANTED BT82 8FA new boundary wall along edge of footpath LA11/2020/0145/F 180m north of 10 Eden Road Proposed agricultural shed for 26/10/2020 PERMISSION Claudy machinery and dry fodder GRANTED Bt47 4BJ LA11/2020/0178/F Approx 150m N>E of 98 Proposed dwelling & detached 27/10/2020 PERMISSION Sallowilly Road domestic garage GRANTED Alyaghoney Claudy BT47 4JJ LA11/2020/0179/F 7B Tullanee Road Retention of one and three 29/10/2020 PERMISSION Eglinton quarter storey dwelling unit GRANTED Co. Londonderry (between 7 & 7A Tullanee Rd) BT47 3DT LA11/2020/0223/F Town Hall Bar Proposed new shop front to 26/10/2020 PERMISSION Market Street include for new windows, doors, GRANTED Strabane rainwater goods and painting BT82 8BJ

Page 4 of 18 Planning Applications Decisions Issued

From: 01/10/2020 To: 30/10/2020

No. of Applications: 80

Reference Location Proposal Date Application Number Decision Status Issued

LA11/2020/0256/D Lands to South East of Discharge of Condition No.4 (A 28/10/2020 CONDITION Altnagelvin Hospital Final Construction Method DISCHARGE (South of Manor Wood and Statement) for previously D North of Grovemount) approved planning permission Glenshane Road LA11/2018/0022/F. LA11/2020/0301/F 81 Bonds Glen Road Proposed two storey rear 26/10/2020 PERMISSION Killaloo extension to existing dwelling and GRANTED

Page 223 Page Derry detached garage BT47 3ST LA11/2020/0324/F 60 Mts. South West of 110 A section 54 application with 15/10/2020 PERMISSION Lurganboy Road respect to planning application GRANTED Castlederg reference No. J/2007/0780/RM Co. Tyrone for single storey dwelling with sunroom and detached domestic garage, seeking planning permission to develop land without complying with condition 03 (Seeking to retain existing bridge parapet wall within sight lines / visibility splays and amend the condition as follows:) 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, excluding the bridge parapet, before the development hereby permitted is commenced and shall be retained and kept clear thereafter, and ConditionPage 2 5 of 18 of J/2007/0780/RM which states that `visibility splays and any forward sightline shall be provided in accordance with the approved plans? - revised plans submitted showing existing parapet to be retained, refer to portal for revised plans. LA11/2020/0324/F 60 Mts. South West of 110 A section 54 application with 15/10/2020 PERMISSION Lurganboy Road respect to planning application GRANTED Castlederg reference No. J/2007/0780/RM Co. Tyrone for single storey dwelling with sunroom and detached domestic garage, seeking planning permission to develop land without complying with condition Planning03 (Seeking toApplications retain existing Decisions Issued bridge parapet wall within sight lines / visibility splays and amend From:the condition 01/10/2020 as follows:) TheTo: 30/10/2020 area within the visibility splays and any forwardNo. sight of line Applications: shall 80 be cleared to provide a level surface no higher than 250mm Reference Location Proposal Date Application above the level of the adjoining Number Decision Status carriageway, excluding the bridge Issued parapet, before the development hereby permitted is commenced and shall be retained and kept clear thereafter, and Condition 2 of J/2007/0780/RM which states that `visibility splays and any forward sightline shall be

Page 224 Page provided in accordance with the approved plans? - revised plans submitted showing existing parapet to be retained, refer to portal for revised plans. LA11/2020/0338/O 80m south west of 36 Proposed two storey dwelling on 29/10/2020 PERMISSION Moorlough Road the family farm for the farmer's GRANTED Artigarvan son Strabane BT82 0EP LA11/2020/0346/R Lands approx. 30m SE of 18 Proposed one and a half storey 19/10/2020 PERMISSION Whitehill Road detached dwelling and single GRANTED L'Derry storey detached garage BT47 3JT LA11/2020/0355/D Lands to South of Skeoge Link Discharge of Condition No.14 20/10/2020 CONDITION (A515) relating to Planning Approval DISCHARGE East of 21 Upper Galliagh reference LA11/2019/0762/RM - D Road Construction Method Statement and adjoining site under construction known as Galliagh Phase 4

Page 6 of 18 Planning Applications Decisions Issued

From: 01/10/2020 To: 30/10/2020

No. of Applications: 80

Reference Location Proposal Date Application Number Decision Status Issued

LA11/2020/0361/LDOutside 25 Foyle Street The proposal is to site the TVM 21/10/2020 PERMITTED BT48 6AL within the footway at the end of DEVELOPME the existing Foyle Metro bus NT shelter with a minimum of 450mm from the kerb edge and 2300mm footway circulation width behind. LA11/2020/0362/F 51 Park Road Proposed replacement dwelling 14/10/2020 PERMISSION

Page 225 Page Strabane GRANTED BT82 8LH LA11/2020/0363/F Site 15m south of 31 Proposed infill dwelling and 21/10/2020 PERMISSION Tullymoan Road domestic garage 15m south of 31 GRANTED Clady Tullymoan Road, Clady BT82 9RE LA11/2020/0405/F Lands immediately South of 93 Erection of 8 two storey semi- 14/10/2020 PERMISSION Linen Green detached dwellings GRANTED Sion Mills

Page 7 of 18 Planning Applications Decisions Issued

From: 01/10/2020 To: 30/10/2020

No. of Applications: 80

Reference Location Proposal Date Application Number Decision Status Issued

LA11/2020/0406/F 3 Clooney Park East Extension & refurbishment of 19/10/2020 PERMISSION Derry - L'Derry existing listed building to include; GRANTED BT47 6JZ replacement of existing single storey courtyard, outbuilding and canopy with a single storey

Page 226 Page extension. Removal of existing internal and external walls to provide open plan kitchen / dining / family room. Provisional of ensuites to 1st floor bedrooms. Refurbishment of existing windows and upgrade of insulation to existing floor & roof. LA11/2020/0408/F 16 Drumeagle Road Proposed playroom, study/office 29/10/2020 PERMISSION Sion Mills & bathroom on ground floor with GRANTED Strabane storage & personal gym above to BT82 9NQ rear of existing terrace

Page 8 of 18 Planning Applications Decisions Issued

From: 01/10/2020 To: 30/10/2020

No. of Applications: 80

Reference Location Proposal Date Application Number Decision Status Issued

LA11/2020/0415/LB 3 Clooney Park East Extension & refurbishment of 20/10/2020 PERMISSION Derry L'Derry existing listed building to include; GRANTED BT47 6JZ replacement of existing single storey courtyard, outbuildings and canopy with a single storey extension. Removal of existing internal and external walls to

Page 227 Page provide open plan kitchen/dining/ family room. Provision of ensuites to 1st floor bedrooms. Refurbishment of existing windows and upgrade of insulation to existing floor & roof

Page 9 of 18 Planning Applications Decisions Issued

From: 01/10/2020 To: 30/10/2020

No. of Applications: 80

Reference Location Proposal Date Application Number Decision Status Issued

LA11/2020/0422/F Lands adjacent to No 14 Application under section 54 to 28/10/2020 PERMISSION Church Brae develop land without compliance GRANTED Altnagelvin with Condition 3 and 7 of Londonderry Planning Approval A/2013/0486/ F, which granted permission for 3

Page 228 Page two storey detached dwelling. Condition 7 requires "the development hereby permitted shall not be commenced until the retaining walls along the frontage of Church Brae requiring Technical Approval, as specified in the Roads (NI) Order 1993, has been approved and constructed in accordance with B02 Technical Approval of Highways Structures Vol.1". The applicants engineer has confirmed TSA is not required therefore the Condition is not necessary and the applicant seeks to development without compliance LA11/2020/0423/R Approx 50m south east of 150 Proposed two storey dwelling & 22/10/2020 PERMISSION Glenelly Road detached domestic garage Meenacrane GRANTED Plumbridge BT79 8LL LA11/2020/0429/F Lands adjacent to No. 14 Application under section 54 to 28/10/2020 PERMISSION Church Brae development land without GRANTED Altnagelvin compliance with Condition 3 ofPage 10 of 18 Londonderry Planning Approval A/2013/0486/ F, which granted permission for 3 two storey detached dwellings. Condition 3 requires ?The 2.0m wide asphalt footway along with the Pedestrian Crossing Points shall be provided in accordance with drawing no. 02 (Rev. 5) bearing the stamp date 5 February 2015 and constructed in accordance with the Private Streets (Construction) Regulations (NI) 1994 and the Private Streets (Construction) Amendment Regulations (NI) 2001 prior to the commencement of any other development hereby permitted?. The applicant seeks to amend this condition to require the works prior to the occupation of the dwellings, as there is an existing footpath on the opposite side of the road and this new footpath is not required until the new dwellings are inhabited and this would enable the work to be commenced Planning Applications Decisions Issued

From: 01/10/2020 To: 30/10/2020

No. of Applications: 80

Reference Location Proposal Date Application Number Decision Status Issued LA11/2020/0429/F Lands adjacent to No. 14 Application under section 54 to 28/10/2020 PERMISSION Church Brae development land without GRANTED Altnagelvin compliance with Condition 3 of Londonderry Planning Approval A/2013/0486/ F, which granted permission for 3 two storey detached dwellings. Condition 3 requires ?The 2.0m wide asphalt footway along with

Page 229 Page the Pedestrian Crossing Points shall be provided in accordance with drawing no. 02 (Rev. 5) bearing the stamp date 5 February 2015 and constructed in accordance with the Private Streets (Construction) Regulations (NI) 1994 and the Private Streets (Construction) Amendment Regulations (NI) 2001 prior to the commencement of any other development hereby permitted?. The applicant seeks to amend this condition to require the works prior to the occupation of the dwellings, as there is an existing footpath on the opposite side of the road and this new footpath is not required until the new dwellings are inhabited and this would enable the work to be commenced Page 11 of 18 LA11/2020/0429/F Lands adjacent to No. 14 Application under section 54 to 28/10/2020 PERMISSION Church Brae development land without GRANTED Altnagelvin compliance with Condition 3 of Londonderry Planning Approval A/2013/0486/ F, which granted permission for 3 two storey detached dwellings. Condition 3 requires ?The 2.0m wide asphalt footway along with the Pedestrian Crossing Points shall be provided in accordance with drawing no. 02 (Rev. 5) bearing the stamp date 5 February 2015 and constructed in accordance with the Private Streets (Construction) Regulations (NI) 1994 and the Private Streets (Construction) Amendment Regulations (NI) 2001 prior to the commencement Planningof any other developmentApplications hereby Decisions Issued permitted?. From:The applicant 01/10/2020 seeks to amendTo: 30/10/2020 this condition to require the works prior to the occupation of the dwellings, as thereNo. is of an Applications: existing 80 footpath on the opposite side of Reference Location Proposalthe road and this new footpath is Date Application Number not required until the new Decision Status dwellings are inhabited and this Issued would enable the work to be commenced LA11/2020/0432/F 30 Donagheady Road Proposed renovation and single 28/10/2020 PERMISSION Bready storey rear extension with front GRANTED Strabane porch to dwelling with proposed Co. Tyrone detached garage BT82 0DD Page 230 Page LA11/2020/0436/F Gortnessy Meadows Erection of shop unit with 27/10/2020 PERMISSION Junction of Gorticross Road basement level storage and 4no GRANTED and Lettershandonet Avenue 2 bed apartments on first floor. Lettershandoney (Change of design from previous Londonderry approval under A/2005/0012/F) BT47 3HY LA11/2020/0452/O Lands between 521-523 Removal of existing outbuilding 16/10/2020 PERMISSION Baranailt Road and infilling of gap site with 1 no. GRANTED Claudy infill dwellings & associated works LA11/2020/0453/F 2a Marlborough Road Changed of use from commercial 28/10/2020 PERMISSION Derry unit to 1 bedroom flat GRANTED LA11/2020/0472/R Site adjacent to and North Proposed dwelling & domestic 20/10/2020 PERMISSION West of 55 Drumquin Road garage GRANTED Castlederg BT81 7RG LA11/2020/0508/LDNo 60 Argyle Street Change of use from dwelling 12/10/2020 PERMITTED house to house in multiple DEVELOPME occupation (HMO) NT LA11/2020/0510/R 80M. North of 17 Folliard Road Proposed farm dwelling and 28/10/2020 PERMISSION Castlederg domestic garage GRANTED BT82 9LX

Page 12 of 18 Planning Applications Decisions Issued

From: 01/10/2020 To: 30/10/2020

No. of Applications: 80

Reference Location Proposal Date Application Number Decision Status Issued

LA11/2020/0518/F 187 Ardgrange Retention of single storey rear 27/10/2020 PERMISSION Derry extension to domestic dwelling GRANTED LA11/2020/0519/F 5 Talbot Park Proposed demolition of existing 29/10/2020 PERMISSION Derry on site dwelling, proposed GRANTED BT48 7SZ replacement two storey family dwelling over basement and associated site works Page 231 Page LA11/2020/0524/F 60M. West of 18 Aghalunny Proposed erection of storey and 29/10/2020 PERMISSION Road half dwelling and domestic GRANTED Killeter garage (change of house type Castlederg from that previously approved BT81 7EU under LA11/2018/0536/F) - granted 16/12/2019 LA11/2020/0540/F 20 Glen Road Single storey rear sunroom 26/10/2020 PERMISSION Strabane extension to existing dwelling; GRANTED Co Tyrone and alterations to existing store/ utility to demolish 1.5m to front with hipped roof and new window to front. LA11/2020/0545/F 15 Meenamullan Road Proposed front extension to 15/10/2020 PERMISSION Killeter dwelling GRANTED Castlederg

Page 13 of 18 Planning Applications Decisions Issued

From: 01/10/2020 To: 30/10/2020

No. of Applications: 80

Reference Location Proposal Date Application Number Decision Status Issued

LA11/2020/0560/F 1 Primity Gardens Proposed single storey rear 26/10/2020 PERMISSION L'Derry extension to incorporate a ground GRANTED BT47 2RG floor double bedroom, family bathroom and new rear entrance. Also the provision of front and

Page 232 Page rear level access/ramp and dropped kerb from front footpath to layby to enable application for a disabled parking bay LA11/2020/0583/O Approx. 120M. West of 77 Proposed dwelling and garage 26/10/2020 PERMISSION Cavan Road GRANTED Castlederg Tyrone BT81 7UB LA11/2020/0586/F 4 Mournebeg Road Proposed replacement dwelling 26/10/2020 PERMISSION Castlederg with retention of existing dwelling GRANTED BT81 7XS as agricultural store LA11/2020/0595/F Devines Day Today Shop Proposed change of use from 21/10/2020 PERMISSION 12 Fyfin Road store room to licensed off sales GRANTED Victoria Bridge (class A) Co Tyrone LA11/2020/0600/F 22 Garvaghblane Road Two storey side extension to 21/10/2020 PERMISSION Garvaghblane existing dwelling GRANTED Castlederg BT81 7UY

Page 14 of 18 Planning Applications Decisions Issued

From: 01/10/2020 To: 30/10/2020

No. of Applications: 80

Reference Location Proposal Date Application Number Decision Status Issued

LA11/2020/0619/F 47 Bunderg Road Proposed single storey side 29/10/2020 PERMISSION Douglas Bridge extension to existing dwelling. GRANTED Strabane BT82 8QG LA11/2020/0620/F 9 Haypark Avenue Proposed single storey rear and 20/10/2020 PERMISSION Drumahoe side extension to dwelling GRANTED BT47 3SJ Page 233 Page LA11/2020/0627/F 7 St Marys Drive Proposed single storey rear 21/10/2020 PERMISSION Strabane extension to dwelling GRANTED BT82 9BQ LA11/2020/0633/F 130 Glenshane Road Proposed 2 storey rear, side and 21/10/2020 PERMISSION Drumahoe front extensions and renovations GRANTED Londonderry to existing dwelling, including BT47 3SG proposed single storey detached garage LA11/2020/0635/F Victoria Hall Proposed installation of lift to rear 28/10/2020 PERMISSION Culmore Point of the building. GRANTED Derry-Londonderry BT48 8JW LA11/2020/0636/F 22 Brookdale Crescent Proposed single storey side 16/10/2020 PERMISSION Derry extension to dwelling and level GRANTED BT48 8JU access ramp LA11/2020/0637/LDLand Approx. 50M. East of 24B Proposed extension of existing 15/10/2020 PERMITTED Evish Road farm yard area DEVELOPME Strabane NT BT82 8NQ

Page 15 of 18 Planning Applications Decisions Issued

From: 01/10/2020 To: 30/10/2020

No. of Applications: 80

Reference Location Proposal Date Application Number Decision Status Issued

LA11/2020/0645/F 13 Curlyhill Road Proposed single storey sunroom 28/10/2020 PERMISSION Strabane extension to front of dwelling. GRANTED BT82 8LP LA11/2020/0654/F Lands within and immediately Proposed change of use of lands 26/10/2020 PERMISSION to the rear of 243 Longland from agricultural to domestic & GRANTED Page 234 Page Road proposed single storey detached Claudy garage Londonderry BT47 6AA LA11/2020/0655/F 37 Faughan Crescent Proposed single storey garage 26/10/2020 PERMISSION L'Derry GRANTED BT47 3LA LA11/2020/0658/F 17 Hazelbank Road Proposed single storey front 28/10/2020 PERMISSION L'Derry BT47 3NX extension to dwelling. GRANTED LA11/2020/0659/F 18 Park Road Proposed extension, minor 14/10/2020 PERMISSION Strabane alterations and external patio GRANTED BT82 8LH area to the rear existing detached bungalow. LA11/2020/0660/F 12 Ramore Gardens Proposed first floor rear 21/10/2020 PERMISSION Creggan extension to incorporate first floor GRANTED L'Derry bedroom above existing ground BT48 9TP floor bedroom/shower room. LA11/2020/0661/F 35 Jacqueline Way Bay window extension to the 20/10/2020 PERMISSION Marieville Park living room at the front of the GRANTED Derry dwelling. Altering the existing BT48 9PQ Bow window to a Bay window.

Page 16 of 18 Planning Applications Decisions Issued

From: 01/10/2020 To: 30/10/2020

No. of Applications: 80

Reference Location Proposal Date Application Number Decision Status Issued

LA11/2020/0669/F 80 Ballynamore Road Proposed one and a half storey 28/10/2020 PERMISSION Derry detached garage GRANTED BT47 3EU LA11/2020/0670/F 8 Woodland Chase Proposed single storey rear 20/10/2020 PERMISSION Derry extension to dwelling GRANTED BT47 2FH LA11/2020/0672/F 10 Ardilea Drive Single storey side extension to 27/10/2020 PERMISSION Page 235 Page Waterside dwelling GRANTED Derry BT47 2JH LA11/2020/0675/N 6-7 Patrick Street Installation of external gas risers. 16/10/2020 NON Derry City MATERIAL BT48 7EL CHANGE LA11/2020/0678/F 44 Mallory Park To remove existing dining room 28/10/2020 PERMISSIONGRANTED Eglinton windows and to replace with GRANTED Derry corner windows LA11/2020/0692/LDFoyle Port Removal of existing modular 28/10/2020 PERMITTED Port Road building o the proposed site and DEVELOPME Lisahally construction of a new prodcut NT Londonderry inspection facility BT47 6FL LA11/2020/0719/N 55 Marlborough Road Proposed rear wet room and 16/10/2020 NON Derry bedroom extension, minor MATERIAL BT48 9BH internal alterations and new step CHANGE access to front of dwelling GRANTED

Page 17 of 18 Planning Applications Decisions Issued

From: 01/10/2020 To: 30/10/2020

No. of Applications: 80

Reference Location Proposal Date Application Number Decision Status Issued

LA11/2020/0730/N Site of former Ebrington Proposed change of roof finish 27/10/2020 NON Primary School from fibre cement slates to MATERIAL Lands South of Glendermott concrete tiles - to be applied to all CHANGE Cricket Ground house types GRANTED Derry

Page 236 Page BT47 6ES LA11/2020/0734/D 19 Gortree Road Discharge of Condition 13 of 28/10/2020 CONDITION L'Derry planning approval DISCHARGE BT47 3LJ LA11/2018/0109/O Condition 9 D of LA11/2019/0949/RM requiring a Wildlife Licence to be submitted. LA11/2020/0737/N Adj to and east of 62 Change of design of front 28/10/2020 NON Moorlough Road elevation windows MATERIAL Glenmornan CHANGE Strabane GRANTED Tyrone BT82 0ER LA11/2020/0802/PAExisting commercial premises Proposed development to include 27/10/2020 PROPOSAL at 4 Foyle Road 63no apartment (10no 1 bedroom OF Derry apartments and 53no 2 bedroom APPLICATIO apartments) N NOTICE IS ACCEPTABL

Page 18 of 18 Agenda Item 15 By virtue of paragraph 6 of Part 1 of Schedule 6 of the Local Government Act (Northern Ireland) 2014.

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