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 (Reconvened from Wednesday 4 December 2019) to be held in the Council Chamber - Strabane Council Offices, on Thursday 5 December 2019 at 2.00 pm. Yours faithfully John Kelpie Chief Executive AGENDA 1 Notice and Summons of Meeting 2 Member Attendance and Apologies 3 Declarations of Member's Interests Open for Information 4 Appeals Update (Pages 1 - 14) 5 Update on Ebrington Applications (Pages 15 - 24) 6 List of Decisions Issued- November 2019 (Pages 25 - 68) 4 December 2020 This page is intentionally left blank Agenda Item 4 Title of Report: Officer Presenting: Principal Planning Officer Item 10: 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 15 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 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 has been submitted to the PAC since the last Committee meeting: 1) LA11/2017/0251/F (2019/A0156) Retrospective application to retention of part change of use from agricultural building to dog/cat kennels, 511, Glenshane Road, Killycor, Londonderry. 3.2 Members are advised no appeal decisions have been notified since last Committee meeting. Page 1 3.3 The appeals schedule has been updated accordingly with dates for PAC hearings and PAC site visits. 4 Financial, Equality, Legal, HR, Improvement, Rural Needs and other Implications 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. No claims notified since last meeting. 5 Recommendations Members note the update on the appeals. Background Papers Appendix 15 - Appeals Schedule Page 2 Appeals Schedule Derry City and Strabane District Please Note: Applications are listed in order received by PAC Appendix 15 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 3 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 15 4 LA11/2017/0085/CA 2018/E0024 Appeal against Alleged unauthorised Lands at former Mr David Enforcement Notice Enforcement Notice Enforcement use of land for the Drumahoe Gilmore Appeal Quashed notice issued deposition of controlled Industrial Estate, waste (as defined in the Drumahoe Road, Waste and Ardnabrocky, Contaminated Land (NI) Londonderry. Order 1997) causing BT47 3SD. infilling and raising of land. 5 LA11/2017/0242/F 2018/A0068 Appeal against Retention of conversion 20 Barry Street Dermot Committee Decision Appeal Allowed decision to of two storey mid Pennyburn Derry McSorley to refuse refuse terrace single BT48 7PJ occupancy dwelling to a Page 4 house of multiple occupancy. 6 A/2012/0401/F 2015/A0102 Appeal against Wind farm comprising 7 Barr Cregg, Renewable Committee Decision Appeals 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 15 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 5 Appeals Schedule Derry City and Strabane District Please Note: Applications are listed in order received by PAC Appendix 15 8 J/2014/0027/CA 2018/E0041 Appeal against Alleged unauthorised Lands North , Riddles Enforcement Notice Await decision on Enforcement winning and working South and East Brothers Appeal first stage of appeal Notice of materials, of 33 Limited stockpiling of Castlewarren minerals and export Road, of materials; Alleged Donemana unauthorised change of use of land for screening and crushing of minerals; Alleged unauthorised erection of cabin Page 6 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 15 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 7 refuse Against Council Appeals Schedule Derry City and Strabane District Please Note: Applications are listed in order received by PAC Appendix 15 11 A/2013/0125/CA Appeal against Unauthorised use of Land at Enforcement Notice Enforcment Notice enforcement land for importation, Carrickeel Appeal Quashed notice storage, processing Drive, Derry and distribution of fossil fuels, sand, ash and other minerals. The alleged unauthorised stationing of a container unit; weighbridge; the stationing of concrete Page 8 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 Await decision - refusal existing 250kw wind 125m North of to Refuse turbine to increase Bunderg Road, tower height from Strabane 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 15 13 LA11/2016/0223/ 2018/E0052 Appeal against Alleged unauthorised Lands to the George Kelly Enforcement Notice Hearing 9/1/20 CA Enforcement winning and working North & East of Appeal Strabane Enterprise Notice of minerals Alleged 5 Derg Road, Agency 10.30am unauthorised Victoria Bridge, 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 9 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 15 storey) 16 LA11/2016/0008/ 2018/E0067 Appeal against Alleged unauthorised Land at 120 Rev John Enforcement Appeal EN Upheld CA Enforcement erection of buildings Melmount Withy Road, Sion Mills, Tyrone Page 10 17 LA11/2016/0041/ 2019/E0009 Appeal against Alleged unauthorised on Land at Mr Roy Enforcement Appeal Await decision CA Enforcement Construction of a Approximately McCrea Notice Slurry Lagoon, Fence 215m NNE of and Associated 191 Glenshane Earthworks Road, Crossballycorm ick, Co.