14 June 2016 Chairman: Alderman F Agnew Vice Chairman: Councillor B Webb Committee Members: Aldermen – T Campbell, J Smyth and R Swann Councillors - T Beatty, J Bingham, H Cushinan, B Duffin, T Hogg, D Hollis and S Ross Dear Member MEETING OF THE PLANNING COMMITTEE A meeting of the Planning Committee will be held in the Council Chamber, Mossley Mill on Monday 20 June 2016 at 6.30pm. You are requested to attend. Yours sincerely Jacqui Dixon, BSc MBA Chief Executive, Antrim & Newtownabbey Borough Council For any queries please contact Member Services: Kim Smyth 028 9448 1301 ([email protected]) Sharon McAree 028 9034 0098 ([email protected]) Dawn Hynes 028 9448 1301 ([email protected]) 1 Part One - The Planning Committee has the full delegated authority of the Council to make decisions on planning applications and related development management and enforcement matters. Therefore the decisions of the Planning Committee in relation to Part One of the Planning Committee agenda do not require ratification by the full Council. Part Two - Any matter brought before the Committee included in Part Two of the Planning Committee agenda, including decisions relating to the Local Development Plan, will require ratification by the full Council. 1 Apologies. 2 Declarations of Interest. 3 Report on business to be considered: PART ONE Decisions on Planning Applications 3.1 Planning Application No: LA03/2016/0035/F 3.2 Planning Application No: LA03/2015/0564/F 3.3 Planning Application No: LA03/2015/0537/F 3.4 Planning Application No: LA03/2015/0563/F 3.5 Planning Application No: LA03/2016/0122/F 3.6 Planning Application No: LA03/2015/0678/O 3.7 Planning Application No: LA03/2016/0025/F 3.8 Planning Application No: T/2014/0399/F 3.9 Planning Application No: LA03/2016/0226/F 3.10 Planning Application No: LA03/2016/0299/F 3.11 Planning Application No: LA03/2016/0088/F Decisions on Enforcement Cases 3.12 Enforcement Case: – LA03/2015/0015/CA – in confidence 3.13 Enforcement Case: – U/2013/0062/CA – in confidence 3.14 Enforcement Case: – LA03/2015/0023/CA – in confidence 3.15 Enforcement Case: – LA03/2015/0020/CA – in confidence 3.16 Enforcement Case: – LA03/2016/0103/CA – in confidence 2 Other Planning Matters 3.17 Pre-Determination Hearing for LA03/2015/0051/F 3.18 Delegated planning decisions and appeals PART TWO 3.19 Local Development Plan Consultation 3.20 Local Development Plan Working Group 3 ITEM 3.1 APPLICATION NO: LA03/2016/0035/F DEA: DUNSILLY COMMITTEE INTEREST: COUNCIL INTEREST Full details of this application, including the application forms, relevant drawings, consultation responses and any representations received are available to view at the Planning Portal www.planningni.gov.uk PROPOSAL: Change of use of classrooms & storage building to provide staff living accommodation including new decking in front of adjacent storage building SITE/LOCATION: World of Owls Centre, 32 Mount Shalgus Lane, Randalstown, Antrim APPLICANT: World of Owls AGENT: Park Design Associates LAST SITE VISIT: 22nd January 2016 CASE OFFICER: Michael O’Reilly Tel: 028 903 40424 Email: [email protected] RECOMMENDATION: REFUSE PLANNING PERMISSION SITE DESCRIPTION The building, the subject of this application, is located within the World Of Owls (WOO) complex which is located to the eastern side of Mount Shalgus Lane within Randalstown Forest Park. This is approximately one (1) kilometre from the Staffordstown Road. The complex consists of a single storey pitched roof building operating as a reception area, education room, exhibition space, service and administrative area. In addition there are animal rescue pens and bird aviaries as well as a classroom building, the subject of the current application. The classroom building is a single storey prefabricated building finished with wooden trim. The building is elevated from the ground and has a wooden decked area, veranda and access steps leading up to the entrance door. Immediately to the north of the site is No.32 Mount Shalgus Lane, a private dwelling. A public car park is located approximately two hundred (200) metres to the north of WOO. At this location there is a security barrier. 4 PROPOSAL The application seeks full planning permission for a change of use of classrooms and a storage building to provide staff living accommodation including new decking in front of adjacent storage building. It is proposed to undertake internal alterations to the store room and both of the classrooms within the building to provide bedrooms for residential accommodation. The existing toilet area will be altered to provide a bathroom, the existing common room will provide for a living room. No changes are proposed to the external appearance of the building. The current proposal seeks a change of use from a Class D1: Community and Cultural Use, part ‘d’ for the provision of education; to Class C3: Residential Institution, part ‘a’for the provision of residential accommodation in relation to the Planning (Use Classes) Order (NI) 2015. At the time of the previous appeal on site, refer to planning history below, it was accepted that legal cases (Gravesham BC v SOS for the Environment (1982) and Moore v SOS for the Environment (1998)) established that the residential accommodation proposed, which is similar to the type of residential accommodation proposed in this application, did not constitute a dwelling house as defined in Class C1 of the Planning (Use Classes) Order (NI) 2004. No further legal cases have been identified by the applicant or interested third parties which alters this understanding. The application is therefore being progressed on this basis. RELEVANT PLANNING HISTORY T/2002/0406/F: Construction of 17 Aviaries For Owls at 32 Mount Shalgus Lane, Randalstown. Permission granted 03.07.2002 T/2004/0078/F: Mobile classroom, storage facilities, rehabilitation unit for animals, avaries for owls, replacement of 2 existing windows with doors and canopy at 32 Mount Shalgus Lane, Randalstown. Permission granted 09.02.2005 T/2010/0045/F: Change of use from a mobile classroom and storage to Staff accommodation and Office. All other buildings on this site are to remain the same use at 32 Mount Shalgus Lane, Randalstown Forest Park. Permission refused 04.11.2010 and Planning Appeal dismissed 31.10.12 PLANNING POLICY Decisions must be taken in accordance with the provisions of the Local Development Plan unless material considerations indicate otherwise. Until the Council adopts its new Local Development Plan most planning applications will continue to be assessed against the provisions of the Department of the Environment’s Development Plans and relevant Planning Policy Statements (PPSs) which contain the main operational planning polices for the consideration of development proposals. 5 The Strategic Planning Policy Statement for Northern Ireland (SPPS) published in September 2015 confirms that until such time as a Plan Strategy for the whole of the Council Area has been adopted the Council should continue to apply existing policy and guidance contained in retained PPSs and other relevant documents together with the provisions of the SPPS itself. Antrim Area Plan 1984 – 2001: The Plan offers no specific guidance on this proposal. SPPS – Strategic Planning Policy Statement for Northern Ireland:sets out that Planning Authorities should be guided by the principle that sustainable development should be permitted, having regard to the local development plan and other material considerations unless the proposed development will cause demonstrable harm to interests of acknowledged importance. PPS 3: Access, Movement and Parking (Revised 2005) and PPS 3 (Clarification 2006): sets out planning policies for vehicular and pedestrian access, transport assessment, the protection of transport routes and parking. PPS21: Sustainable Development in the Countryside: sets out planning policies for development in the countryside. This is supplemented by Building on Tradition: A Sustainable Design Guide for the Northern Ireland Countryside. CONSULTATION Council Environmental Health Section - No objection NI Water - No objection Transport NI - No objection Northern Ireland Environment Agency (Water Management Unit and Natural Heritage and Conservation) - No objection REPRESENTATION One (1) neighbour was notified in accordance with the required procedures. Seven (7) letters of objection have been received. The full representations made regarding this proposal are available for Members to view online at the Planning Portal (www.planningni.gov.uk). A summary of the key points of objection raised is provided below: There is no demonstrable need for a permanent residence on site The drawings submitted read as more than staff accommodation, rather it looks like a family dwelling unit is proposed Doubt is expressed as to why wild birds need human rearing The number of visitors attracted to the site is questioned as no detailed analysis has been provided Queries are also raised regarding references made in the applicant’s statement of support from certain individuals/groups, yet no evidence has been provided to substantiate these. 6 ASSESSMENT OF PLANNING ISSUES/MATERIAL CONSIDERATIONS The main issues to consider in the determination of this application are: Principle of Development Neighbour Amenity Other Matters Principle of Development The planning history for this site indicates that planning permission was refused by DOE Planning for a similar development in November 2010. This refusal was subsequently appealed to the Planning Appeals Commission who dismissed the appeal in October 2012. The decision notice issued by DOE Planning indicated that the planning application was considered contrary to Policy CTY7 of PPS21. The Commissioner at the time of the subsequent planning appeal advised that PPS21 does not provide specific policy for this type of proposal but that Policy CTY7 which deals with the principle of residential accommodation associated with a non-agricultural business enterprise would be the policy most relevant to the proposal. Since the time of the previous appeal the SPPS has been published.