appendix 2 - derry city and strabane district...

Appendix 2

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 5th April 2017

APPLICATION No: LA11/2016/0944/O

APPLICATION TYPE: Outline Permission

PROPOSAL: Site for social housing development consisting of 10 no. 3 person 2 bedroom

units & 4 no. 2 person 1 bedroom units & associated works.

LOCATION: Lands at Ballygudden Road (to the rear of No's 8-22 Ballycanice Close)

APPLICANT: JJM Developments / Apex Housing Association

AGENT: Lee Kennedy

ADVERTISEMENT: 22/23 November 2016

STATUTORY EXPIRY: 06/07 December 2016

RECOMMENDATION: Refusal

REASON FOR PRESENTATION TO COMMITTEE: Housing Application – greater than 5 dwellings.

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 an outline planning application for 14 Social housing units comprising ten 3-person 2-

bed dwellings and 4 no. 2 person 1 bedroom units & associated works.

2. EIA Determination

The site does not fall within Schedule 2 of the EIA Regulations as it is less than 0.5ha; therefore an EIA

determination is not required. However, the site is hydrologically linked to Lough Foyle SPA and

Ramsar; and an appropriate assessment has been undertaken under the Habitats Regulations to

assess the potential impact of this proposal in accordance with Regulation 43 (1) of the Conservation

(Natural Habitats, etc) Regulations (Northern Ireland) 1995 (as amended). SES concluded that

http://www.planningni.gov.uk/

Appendix 2

provided mitigation is conditioned in any planning approval, the proposal would not have an adverse

effect on site integrity of any European site.

3. Site and Surrounding Area

Site location plan

The site is located within the rural countryside just beyond the development limits of Eglinton Village,

on an open and flat agricultural field. There is evidence on site that fly tipping or infilling has taken

place. Castle River abuts the north western boundary, a watercourse which is hydrologically linked to

the River Faughan and Foyle ASSI. The site is quite close to commercial properties located to the north

east. To the southern boundary is the existing Ballycanice Close housing development which backs

onto the site. The eastern boundary adjoins Ballygudden Road. There is a boundary hedge along the

roadside, however this would have to be removed for visibility splays along the Ballygudden Road

making the site more visually open.

Appendix 2

Ballycanice Close to the south of the site.

Site on the left of photograph when looking towards A2

Appendix 2

Internal view of the site

4. Site Constraints

The site is in close proximity to an existing gas pipeline. Health and Safety Executive NI have been

consulted on the application, see later section in this report.

5. Neighbour Notification Report

Neighbour Address Date Neighbour Notified

10 Ballycanice Close Muff Londonderry Londonderry BT47 3HH

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Appendix 2


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6A St. Canices Park Muff Eglinton Londonderry BT47 3AQ

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6B St. Canices Park Muff Eglinton Londonderry

11/21/16

Appendix 2

BT47 3AQ

6C St. Canices Park Muff Eglinton Londonderry BT47 3AQ

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6D St. Canices Park Muff Eglinton Londonderry BT47 3AQ

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6. Relevant Site History

LA11/2015/0499/PAD – A pre-application discussion was held on this site where advice was given by

Council officials that the principal of a housing development in the rural countryside was not

acceptable. The relevant plan and policy constraints were highlighted to the agent, who was advised

that if an application was to be submitted in all likelihood the proposal would be presented to the

Planning Committee of Derry City and Strabane District Council with a recommendation to refuse

permission.

7. Policy Framework

RDS 2035:

Policy SFG7 Strengthen the role of Londonderry as the Principal city of the North West; Meeting

the Housing needs of the area.

Policy RG8: Manage housing growth to achieve sustainable patterns of residential development.

Appendix 2

Derry Area Plan 2011 - The site is located on the Ballygudden Road outside the defined settlement

limit of Eglinton Village, wholly within the rural countryside.

PPS 3 Access Movement and Parking - Transport NI has provided a list of conditions should this

proposal be approved.

PPS 7 Quality Residential Environments - Planning seeks to achieve residential developments that

promote quality and sustainability in their design and layout, are in harmony with their townscape

or landscape setting and which will ultimately make a positive contribution to the character and

appearance of the country’s settlements. Policy QD 1 of this PPS lists the criteria to be met by

housing schemes and requires the submission of a Design Concept Statement demonstrating how

the scheme will meet these criteria.

PPS 15 Planning and Flood Risk - Looks at the possible sources of flooding and potential flood risk

which need to be considered.

Planning Policy Statement 21 – This policy statement sets out the main planning considerations in

assessing proposals for development in the countryside.

Creating Places: Achieving Quality in Residential Developments – This sets out the guidance for

creating quality and sustainability through design of all new residential developments.

8. Consultee Responses

Health and Safety Executive NI – the site is within 300 metres of the N-W gas pipeline, close to the

way leave distance. Guidance has been given regarding contacting the pipeline operator before

determining the application regarding any legal and safety issues.

NIEA Natural Environment Division –require additional information regarding the potential impacts

on natural heritage by completing a biodiversity checklist. This has not been submitted.

Water NI – the proposal is considered acceptable with standard informatives provided.

Shared Environmental Services – negative conditions have been provided to mitigate environmental

concerns so that the proposal will not have an adverse effect on any European sites.

Transport NI – conditions have been provided in the event of an approval

Loughs Agency – conditions have been provided in the event of an approval

Appendix 2

Rivers Agency – Part of the site is within the Q100 floodplain and from a visual inspection there

appears to be infilling on site. Planning do not deem this an exception to FLD 1 of PPS 15 and therefore

have not requested a Flood Risk Assessment to be submitted. Due to the size and nature of the

development, FLD 3 applies and a Drainage Assessment would be required. This has not been

requested or submitted from the agent.

Environmental Health – requested a noise impact assessment due to commercial units in the area

and the A2 road. This has not been requested or submitted from the agent.

9. Representations

One representation has been received from Mark H Durkan MLA, supporting the application for social

housing.

10. 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. Therefore, 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 15 Planning and Flood Risk; PPS 7 Quality

Residential Environments; PPS 3 Access, Movement and Parking, and supplementary guidance in

‘Creating Places’, as well as consultation responses and the representation received. The policy

consideration is set out below;

Derry Area Plan 2011

The site lies outside the development limit of Eglinton Village and is therefore is located within the

countryside. Paragraph 2.6 of the DAP states there beyond the city limits there is a presumption

against further urban development. The function of the development plan is to provide sufficient

land to facilitate growth whilst protecting the open countryside from urban sprawl and ribbon

development (paragraph 3.1). The Area Plan further states in paragraph 3.3 that within the

countryside there will be a clear presumption against any new building and new use of land which

might create a demand for more buildings and no other development will normally be allowed unless

there are over-riding reasons why that development is essential and could not be located in a town.

In the context of Eglinton there is a surplus amount of available land suitable for housing which has

not yet been developed within the limits. Some of this land has planning permission or current

planning applications. The Council is currently processing an application for the redevelopment of 19

Appendix 2

Main Street Eglinton to provide 19 residential units; there is also a considerable amount of land

located to the south east of the Village with 5.2 hectares currently on the market for sale, this

potentially could provide up to 200 units. There is also a large amount of land off the Carmoney

Road which conservatively could provide 40 dwellings. The map on the next page shows the main

‘white land’ remaining within the settlement and available land. There is clearly not a justification for

permitting this housing outside the development limits.

The current application for a housing development in the countryside is therefore contrary to the

Derry Area Plan 2011 (DAP). This fundamental departure from the Plan would create an undesirable

precedent for development on other lands outside the development limit. There are no over-riding

reasons why the development is essential and could not be located in the village, this is further

supported by policy CTY 1 of Planning Policy Statement 21 Sustainable Development in the

countryside as set out later in this report.

Planning Policy Statement 21 Sustainable Development in the Countryside

Policy CTY 1 Development in the Countryside

As this site is beyond the development limits of a settlement, Policy CTY 1 ‘Development in the

Countryside’ applies. The proposal does not meet any of the exceptions to policy that could be

considered acceptable in the countryside. There are no overriding reasons why this housing

development is essential in this rural location and could not be located within the village where

there remains significant portion of ‘white land’ within the village limits. The application is therefore

contrary to CTY 1.

Appendix 2

Site Location (Top Right) and opportunity sites in Eglinton Village

Policy CTY5 Social and Affordable Housing

Policy CTY 5 states that Planning permission may be granted for a group of no more than 14

dwellings adjacent to or near a small settlement or within a designated Dispersed Rural Community

to provide social and affordable housing to meet the needs of the rural community. Planning

permission will only be granted where the application is made by a registered Housing Association

and where a demonstrable need has been identified by the Northern Ireland Housing Executive

which cannot readily be met within an existing settlement in the locality.

The proposal is for a total of 14 dwellings, on a site adjacent to the Village limits. Eglinton is not

classified as a ‘small settlement’ of less than 2250 as required by the policy, it is a Village with a

population of approx. 4500, nor is it a Dispersed Rural Community.

The application was not made by a registered Housing Association but by a combined private

developer, JJM Developments and Apex; and no letter has been received from the Housing Executive

Appendix 2

to confirm that there is a funding commitment or programme priority, or a demonstrable need for

these dwellings outside the village limits. As stated above, there is a surplus amount of available land

within Eglinton that could accommodate the proposed development.

The supporting statement received by the agent has been considered in detail, however, as CTY 5

does not apply to this proposal then the statement has not been given determining weight. The

sequential test in terms of location only apply to sites outside a small settlement; as stated above

Eglinton is not classified as a ‘small settlement,’ it is designated as a ‘Village’ in the Derry Area Plan

2011.

Policy CTY 5 is therefore not relevant to this application proposal.

Policy CTY 15 The Setting of Settlements

Policy CTY15 states that planning permission will be refused for development that mars the

distinction between a settlement and the surrounding countryside or that otherwise results in urban

sprawl. The principle of drawing a settlement limit is to partly promote and partly contain new

development within that limit and so maintain a clear distinction between the built up area and the

surrounding countryside. This development proposal would result in the creation of urban sprawl

outside the limits into the countryside, which is unacceptable.

Photo showing the sites rural context. The proposed development would cause urban

sprawl into the countryside

Appendix 2

PPS 7 Quality Residential Environments: Policy QD1 Quality in new Residential Development

This is an outline application and therefore a concept plan for the site is required to be submitted.

Whilst detailed plans are not required for an outline application, the indicative layout is still to be

considered against the criteria set out in QD 1.

Concept map submitted with outline application

I would contend that criteria (a) and (h) have not been met for the following reasons.

(a) In terms of character a housing development does not respect the surrounding context of the

area, in that the proposal is introducing a housing development into an area of rural character. The

site extends further into the countryside creating a harsh elevation of rear privacy fencing that does

not soften or integrate the development within its rural context, this is inappropriate to the

character of the rural area.

(h) The orientation of the housing including the internal access road will conflict with the Ballycanice

Close development in terms of overlooking from the front elevations of the proposed two storey

dwellings. There will be noise disturbance from the access road which will run along the private back

gardens of Ballycanice Close and other disturbance caused by car lights at night. It should be noted

Appendix 2

that there are at least 8 parking spaces on the boundary with Ballycanice Close that will directly

disturb the rear private gardens of the existing residents.

Therefore the proposal has failed to meet criteria (a) and (h) and is therefore contrary to PPS 7.

PPS 15 Planning and Flood Risk – Rivers Agency in there consultation reply identified possible

infilling on site with a berm running through the centre of the site. The western boundary of the site

is located along the Castle River which is a designated watercourse and is affected by the Q100

floodplain, therefore, Rivers have asked if this is treated as an exception to the policy then a Flood

Risk Assessment (FRA) should be submitted under policy FLD 1. As the development is not an

exception under FLD 1 then the proposal is contrary to policy. An FRA has not been requested from

the agent. The application has also not been submitted with a Drainage Assessment as is required

for a development of this size under policy FLD 3, and is therefore also contrary to policy.

The proposal is contrary to PPS 15 policies FLD 1 and 3.

Social Housing Need

The Supporting Statement from the agent has been considered and planning officials are of the

opinion that this does not outweigh the policy constraints for this proposed housing development of

14 units within the countryside, for the reasons as set out and detailed above in this report. It is

understood that there is a need for social housing in Eglinton, which by the agent’s statement is a

requirement of 30 unit’s between 2015 and 2020.

Whilst No letter has been received from the NIHE to support this application or to confirm need on

this particular site outside the limits; the supporting statement has included an e-mail from the

housing executive which is non-committal and advises that will only look at the scheme in more

detail if it “is at a more advanced stage”. Given that there is the potential for at least 260 units

within the development limits of Eglinton Village, there is no need to build this proposed housing

development in the countryside as there is a surplus amount of available land suitable for housing

within the village limits, which can accommodate housing in a more sustainable manner that

complies with the Area Plan and Policy.

Appendix 2

13 Acres of development land for sale within Eglinton Village at Ballygudden Road

11. Conclusion and Recommendation

In summary, the proposed development of 14 dwellings within the countryside is contrary to the

Derry Area Plan 2011, as well as being contrary to the Strategic Planning Policy Statement, PPS 21

(Sustainable Development in the Countryside), PPS 7 (Quality Residential Environments) and PPS 15

(Planning and flood Risk).

Other material considerations have been taken into account of, including the need for social housing,

and the representation received, but none are such as to justify this proposal which is contrary to the

Area Plan.

It is therefore recommended that the Council’s Planning Committee Refuse planning permission for

the proposed development for the following reasons:

Appendix 2

1. The proposal is contrary to 'The Derry Area Plan 2011' as the proposed site lies outside the

limit of development located on a Greenfield site in the rural countryside.

2. The proposal is contrary to the Strategic Planning Policy Statement for Northern Ireland

(SPPS) in that the proposed development does not manage housing growth in a sustainable

way, as the site lies outside the development plan’s limit for development.

3. The proposal is contrary to the SPPS and 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.

4. The proposal is contrary to the SPPS and Policy CTY15 of Planning Policy Statement 21,

Sustainable Development in the Countryside in that the development would if permitted

mar the distinction between the defined settlement limit of Eglinton and the surrounding

countryside thereby resulting in urban sprawl.

5. The proposal is contrary to Policy QD1 of Planning Policy Statement 7 (PPS7) Quality

Residential environments, criteria (a) and (h) in that the proposal does not respect the

character of the site; there is the potential for overlooking onto the existing dwellings at

Ballycanice Close Park; and the proposed development is likely to have an adverse impact on

adjoining existing properties by way of noise and light disturbance.

6. The proposal is contrary to PPS 2 Natural Heritage in that it has not been demonstrated

there will be no impact on protected species; badgers and otters.

7. The applicant has failed to demonstrate that the noise impacts from all noise sources within

the locality have been adequately addressed and there is insufficient information provided

to demonstrate that will not adversely impact on the amenity of the proposed dwellings.

8. The proposal is contrary to PPS 15 FLD 1, in that part of the site is located within the

floodplain and the development is not an exception to policy.

9. The proposal is contrary to PPS 15 FLD 3 in that sufficient information has been provided to

assess the potential risk from surface water flooding.

Appendix 2

Site Visit

A visit to the site was requested by Members at the Planning Committee on 8th March.

This visit was undertaken on Monday 27th March.

In attendance:

A McNee (Planning Officer)

J Duffy (Planning Officer

Cllr C Jackson

Alderman D Thompson

Cllr T Hasson (Met at site)

The Planning officials and Cllr Jackson and Alderman Thompson travelled to the site by mini bus from

the Guildhall and arrived at the site at approx. 10.30 am. They were met on site by Cllr Hasson who

had travelled to the site by car.

The Members viewed the application site from the proposed entrance to the site from Ballygudden

Road. The case officer explained to Members where the site was and showed the plans of the

proposed layout of housing on the site. Members and officials boarded the bus at approx. 10.45 and

left the site. Members drove up Ballygudden Road as they requested to see other land which was

inside the development limits of Eglinton Village. No one got off the bus at this stage. The bus then

returned to the Guildhall.

appendix 2 - derry city and strabane district...

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