appendix 10 - derry city and strabane district...

Appendix 10

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 7th October 2015

APPLICATION No: A/2015/0118/F

APPLICATION TYPE: Residential Development

PROPOSAL: Proposed re-development including change of use and three storey extension to rear of existing building to provide 6no. two bedroom self-contained flats.

LOCATION: 20 Clooney Terrace, Londonderry

APPLICANT: Georgina & Lucy Gallagher, 20 Clooney Terrace, Londonderry, BT47 6AP

ADVERTISEMENT: 04.03.2015, 11.05.2015

STATUTORY EXPIRY: 25.03.2015, 03.06.2015

RECOMMENDATION: APPROVE

REASON FOR PRESENTATION TO COMMITTEE: Application for 5 or more housing units

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

1. Description of Proposed Development

The proposal is for the conversion of the existing 2½ storey mid terrace building to provide 6no.

two bedroom self-contained flats and will incorporate a new three storey rear extension. The

new rear return will be three stories from basement level (or two stories from ground level). It

will extend 8.3 metres back to the rear boundary of the yard and will be 6 metres wide.

2. Site and Surrounding Area

The application site is a 2½ storey mid terrace building with basement level located along

Clooney Terrace. The site backs onto the rear of the properties on Bond’s Hill which sit at a

lower level below the site. It is located within a high density area comprising a mix of residential

properties, commercial premises and offices. The adjacent property No.18 is an accountant’s

office and No.22 appears to be residential.

http://www.planingni.gov.uk/

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The application building is currently occupied by a hairdressing salon on the ground floor with a

bridal shop at first floor, living accommodation at second floor and storage at basement level.

The building is finished in smooth blue/grey painted render with 3no. small dormers to the front,

flat roof tiles, white painted timber sliding sash windows at first floor and a small canopy to the

ground floor shop front. The gated laneway to the north side of the building slopes downwards

and provides access to a concrete yard to the rear of the property. The building has a small

single storey rear return at basement level. There is a 1.8 metre fence along the northern

boundary of the rear yard with No.22 and a 2 metre wall with vegetation along the southern

boundary with No. 18. The back boundary of the yard is overgrown with vegetation.

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3. Site Constraints

The site is within a designated flats zone and an existing residential area designated for the

protected residential Stock

The site is within the designated Bonds Hill Area of Townscape Character

4. Neighbour Notification Report

Neighbour Address Date Neighbour Notified0120 Bonds HillClooneyLondonderryBT47 6DW

11/5/156/3/15

0220 Bonds HillClooneyLondonderryBT47 6DW

11/5/156/3/15


11/5/156/3/15

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16 Clooney Terrace Clooney Londonderry BT47 6AR

11/5/156/3/15

17 Clooney TerraceClooneyLondonderryBT47 6AW,

11/5/156/3/15


11/5/156/3/15

18 Clooney Terrace Clooney Londonderry BT47 6AR

11/5/156/3/15

18 Clooney TerraceClooneyLondonderryBT47 6AR

11/5/156/3/15


11/5/156/3/15

19 Clooney TerraceClooneyLondonderryBT47 6AW

11/5/15

20B Clooney TerraceClooneyLondonderryBT47 6AR

11/5/156/3/15


11/5/156/3/15

20C Clooney TerraceClooneyLondonderryBT47 6AR

11/5/156/3/15


11/5/156/3/15


11/5/156/3/15

24A Clooney TerraceClooneyLondonderryBT47 6AR

11/5/156/3/15

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24B Clooney Terrace Clooney Londonderry BT47 6AR

11/5/156/3/15

24C Clooney Terrace Clooney Londonderry BT47 6AR

11/5/156/3/15

24D Clooney Terrace Clooney Londonderry BT47 6AR

11/5/156/3/15

17 Duddys CourtClooneyLondonderryBT47 6BH

20/4/15


20/4/15


11/5/1520/4/15


11/5/1520/4/15

5. Relevant Site History

A/2007/0291/F - Permission Granted 06.06.2008

Re-development and change of use of building to provide 6no. 2 bed self-contained flats.

6. Policy Framework

Derry Area Plan 2011

PPS 1: General Principles

PPS 3 : Access, Movement and Parking

PPS 6 (Addendum) : Areas of Townscape Character

PPS 7 : Quality Residential Environments

PPS 7 Addendum : Safeguarding the Character of Established Residential Areas

PPS 12 : Housing in Settlements

Creating Places / Living Places

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7. Consultee Responses

NI Water have no objections to the development.

Derry City and Strabane District Council’s Environmental Health Department request the developer is advised by way of an informative that adequate steps are taken during demolition/construction to control noise and dust, to ensure adequate arrangements are in place for the storage and disposal of waste and under no circumstances should any waste materials be burned on site.

Transport NI have no objections subject to a condition regarding steps and access ramps outlined in paragraph 11.

8. Representations Consideration

A letter was received from the property to the rear of the site at 19 Bond’s Hill, querying

whether consideration was given to the structural integrity of the supporting wall for these

lands. The structural integrity of supporting walls is a matter for the developer to consider and

they should satisfy themselves that existing supporting structures are either capable of

supporting the proposed development or are capable of being made structurally sound. Any

damage to third party properties as a result of land slide would be a legal matter entirely

separate from planning. Regardless, on receipt of this letter I sought clarification from the agent

who advised that on receipt of planning approval, they will be appointing a structural engineer

at the next stage of the development at which time the boundary wall along with any additional

loading will be assessed and the structure designed accordingly.

9. Planning Assessment and Other Material Considerations

The application is for the conversion and extension of the existing building to provide 6no. self-

contained flats. The site is within the central area of the City as designated in Map 3 of the Derry

Area Plan 2011. It is within an existing residential area designated for the protection of

residential stock and within a designated flats zone. It is also within the Bond’s Hill Area of

Townscape Character. The site has had previous planning approval for the proposed

development. The main planning considerations that need to be taken into account in assessing

this proposal are therefore the planning history of the site, the issues raised in the letter from

the neighbouring property, the area plan in terms of the use of the building and PPS 1, PPS 3,

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PPS 6, PPS 7, PPS 7 Addendum, PPS 12, Creating Places and Living Places in terms of design,

layout, character, appearance, residential amenity and parking.

This site was previously granted planning approval A/2007/0291/F for the exact same

development which is currently proposed. The approval was granted on 6th June 2008 but was

never implemented and has since expired. The principle of the development has been

previously accepted on the site and the current application is essentially for the renewal of the

lapsed permission.

The current use of the building is a hairdressing salon with a bridal shop and living

accommodation above. The conversion of the building to residential use as flats is in keeping

with the area plan designation for both the protection of residential stock and the designated

flats zone, which aim to retain concentrations of housing accommodation and revitalise the

central area of the city. The proposed use is therefore considered to be acceptable in

accordance with the area plan.

The proposed extension will be three stories in height from basement level and will extend 8.3

metres back to the rear boundary of the site, but will not extend the full width of the yard. The

extension is sympathetic to the existing property in terms of design, scale and massing is in

keeping with the context and character of surrounding development given that other buildings

along this terrace also have three storey extensions which extend the full length of their rear

yards. A condition should be attached to the planning approval to ensure that the finishes of the

extension match that of the existing building. Overall, the development will not detrimentally

impact upon the character of the surrounding built up urban area in accordance with PPS 1 and

Policy BE 1 of the area plan and will maintain the local townscape character of the area in

accordance with Policy ATC 2 of the Addendum to PPS 7.

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Similar scale rear return constructed of 28 Clooney Terrace

Rear return of adjoining property 18 Clooney Terrace

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The existing external access through to the rear yard will be retained, however the extension

only leaves a small area of communal amenity space approx. 17 metres sq. to serve the six

apartments. This is not strictly in keeping with the standards set out in Creating Places and PPS 7

Addendum, however on balance I consider this to be sufficient given that the development is

located in a high density built up area within the central area of the city and is within close

proximity to public open space areas at Ebrington and St Columb’s Park. I have also given

consideration to the fact that the site has had previous planning approval for this development

and developments of a similar nature have also been permitted and constructed along this

terrace.

In terms of impacts upon residential amenity, the south facing gable of the new rear return will

be blank. The north facing gable will have a bedroom window at basement, ground and first

floor level, however these will look onto the blank gable of the three storey rear return of the

adjacent property. There is also a 1.8 metre fence along the northern boundary with No. 22 to

further protect the amenity of this property at basement level. The rear elevation of the

extension has living room and bedroom windows at basement, ground and first floor. There is

some vegetation between the site and the adjoining properties to the rear at Bond’s Hill. I do

not consider that the extension will have a significantly detrimental overlooking or

overshadowing impact upon these properties given that they are set at a significantly lower level

below the site and the steep gradient of the angle of view from the new windows to the

neighbouring rear yards. The yards of the Bond’s Hill properties are also quite open to sunlight

and will have adequate access to light regardless of the new extension.

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Appendix 10

Rear of Clooney Terrace as viewed from rear gardens of adjacent Bond’s Hill properties

There were no objections to the development in relation to residential amenity and

Environmental Health have not raised any concerns regarding the development in terms of noise

or disturbance other than steps to be taken during demolition/construction to control noise and

dust, which shall be covered by informatives. On balance, I do not consider that there will be

any unacceptable adverse impacts upon the amenity of the surrounding properties in terms of

privacy, loss of light or noise and disturbance.

There is on street parking provision available on Clooney Terrace and Transport NI have no

objections to the development. In addition to this, the site is located within the central area of

the city, within walking distance of the city centre via the Peace Bridge or Craigavon Bridge and

there is a public transport bus route along Clooney Terrace. I am satisfied that there is

adequate provision for parking in accordance with Policy AMP 7 of PPS 3.

10. Conclusion and Recommendation

Having considered all material considerations, including the development plan, relevant

planning policies, planning history of the site, consultations, representations etc. I would

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recommend that the Planning Committee gives consideration to my professional report and

recommendation to grant planning permission for the proposed flat conversion scheme.

11. 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.

2. Any steps or access ramps associated with the development shall be provided within the curtilage of the site

REASON: To prevent encroachment into the public road in the interest of pedestrian safety, road safety and convenience of road users.

3. The materials to be used in the construction of the external surfaces of the extension hereby permitted, shall match those of the existing building.

Reason: In the interest of visual amenity and to ensure the proposal is in keeping with the existing building.

appendix 10 - derry city and strabane district...

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