appendix 24 -...

Appendix 24

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 4th September 2019

APPLICATION No: LA11/2019/0124/O

APPLICATION TYPE: Outline Planning application

PROPOSAL: Short-term break accommodation in use class C3(a) for up to 7 residents with

associated staff provision.

LOCATION: 11 Curlyhill Road, Strabane BT82 8LP

APPLICANT: Golden Lane Housing Ltd

AGENT: C60 Limited

ADVERTISEMENT: 20.02.2019

STATUTORY EXPIRY: 14.03.2019

RECOMMENDATION: Approval

REASON FOR PRESENTATION TO COMMITTEE: Residential development over 5 units and to be read in conjunction with LA11/2019/0127/F (Appendix 16) 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

Short-term break accommodation in use class C3(a) for up to 7 residents with associated staff

provision.

This proposal should be read alongside planning application LA11/2019/0127/F (Appendix 16) for

supported living accommodation, as the proposed outline application forms part of the overall

development proposals on the site at 11 Curlyhill. A Master Plan for the entire site (outline and full

application) to show how the site will be comprehensively developed was submitted with the

application, see below.

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

Appendix 24

Site Layout Master Plan for the entire site

Indicative block plan showing Short Break accommodation and parking within the site

Appendix 24

2. EIA Determination

An EIA determination was not required to be carried out under Schedule 2 10(b) of the EIA Regulations

2017 as the site is less than 0.5 hectares. It is considered the proposal would not have significant

effects on the environment.

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). Shared

Environmental Services advised the proposal would not be likely to have a significant effect on the

features of any European site.

4. Site and Surrounding Area

Site location plan

Appendix 24

Aerial Photograph of entire site. The red line encompasses this outline planning application for

short break accommodation with the land shown in blue subject to full application. See details

later in report

The proposed site is approx. 0.369 ha located on unzoned land within the development limits of

Strabane as defined in the Strabane Area Plan 2001. This outline application is part of the mature

landscaped gardens associated with the larger site of no 11 Curlyhill site which comprises of a former

dwelling which is vacant and outbuildings; mature landscaped gardens and trees. The trees on site are

protected by a Tree Preservation Order. The site is accessed from Curlyhill and there are a number of

existing residential developments in the surrounding area. Hillmount Grove is a development of

detached and semi-detached dwellings located opposite the site on Curlyhill. Glenview Park is located

to the east of the site, and Mount Carmel Heights to the south of the site. To the west is the site of

the former Convent Grammar School.

Appendix 24

Existing driveway within the site and landscaped gardens

Mature trees on site protected by a Tree Preservation Order

Appendix 24

Landscaped gardens and TPO trees within the site

Former dwelling within the wider site

Appendix 24

Gable elevation of former dwelling

Orchard trees within the site – site of new short break accommodation

Appendix 24

5. Site Constraints

Archaeology – Holy well – Protecting Historic Monuments consulted. See consultation section later in

this report.

6. Neighbour Notification Report

Neighbour Address Date Neighbour Notified

10 Curlyhill Road Strabane Tyrone BT82 8BT

08/07/2019

10 Mount Carmel Heights Strabane Tyrone BT82 8JP

08/07/2019

11a Curlyhill Road Strabane Tyrone BT82 8LP

08/07/2019


08/07/2019

12 Curlyhill Road Strabane Tyrone BT82 8LP

08/07/2019

14 Curlyhill Road Strabane Tyrone BT82 8LP

08/07/2019

16 Curlyhill Road,Strabane,Tyrone,BT82 8LP 08/07/2019


1 Glenview Park Strabane Tyrone BT82 8LU

08/07/2019




08/07/2019


08/07/2019

Appendix 24


08/07/2019


08/07/2019

Former School ,Curlyhill Road,Strabane,Tyrone,BT82 8LP 08/07/2019

7. Relevant Site History

LA11/2018/0321/PAD - Renovation of existing former gentleman's residence to provide 6 No.

tenancies, including an extension to the rear to incorporate 2 no. self-contained units, conversion of

outbuilding into a 1-bed self-contained unit and remaining outbuilding to be used as a staff

office/workshop. Creation of 4-5 bungalows and separated respite care service.

LA11/2019/0127/F – Creation of 7 new residential units comprising of, renovation and extension of

existing courtyard buildings to create 2 no. 1-bed self-contained supported living units. Demolition of

garage and construction of 5 no. new build C1(b) supported living units incorporating 3 no. 2-bed units,

2 no. 1-bed units, staff provision and shared communal workshop for social activities. Renovation and

adaption of existing dwelling (including partial demolition and extension) to provide C1(b) supported

living provision for 6 residents. The proposals include replacement of a number of TPO trees and

realignment of boundary wall along Curlyhill Road to improve access to the site and facilitate

development. A separate outline application has been made in relation to further C3(a) short term

break accommodation on adjacent land.

8. Policy Framework

RDS 2035 Policy RG8: Manage housing growth to achieve sustainable patterns of residential

development.

Strabane Area Plan 2001 - The site is located on unzoned land within the development limits of

Strabane as identified in the Strabane Area Plan.

Appendix 24

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 policies for the protection and

conservation of archaeological remains and features of the built heritage.

PPS 7 Quality Residential Environments - Council 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 – sets out the Planning policies to minimise and manage flood risk.

9. Consultee Responses

Environmental Health – No objection to the proposal subject to conditions relating to construction

noise and unexpected contamination. See conditions section later in this report.

Historic Environment Division – Historic Monuments has assessed the application and on the basis of

information provided are content the proposal is satisfactory to SPPS and PPS 6 archaeological policy

requirements.

Appendix 24

Loughs Agency – has considered the information provided and has no objections subject to a

condition. See conditions section later in this report.

DFI Roads – advise that following review of all supporting information and a site visit of the site, and

in conjunction with reading LA11/2019/0127/F, the proposed access arrangements offer some

betterment to the egress from the site and also traffic using Curlyhill Road. DFI Roads consider that

there could potentially be more than 60 vehicles per day using the access and so required visibility

splays of 2.4m x 80m in both directions in order to provide a safe access to the site. To achieve the

splay to the north east requires removal of 12m of wall and relocation of electricity poles and

streetlights behind the visibility splay. This also requires removal of some Protected Trees covered by

the TPO. See assessment of trees later in this report. DFI Roads has also considered the objections and

issue raised in relation to road safety and have no objections to the development subject to conditions.

See conditions section later in this report.

NI Water – There is a 225mm diameter Public water supply within 20m of the proposal, located within

Curlyhill Road. NIW advise a formal sewer connection application must be made for all developments

including those where it is proposed to re-use existing connections. There is a 150mm diameter public

foul sewer located within Curlyhill Road however due to lack of capacity is not available to serve this

proposal. Network Capacity Check is required. There is no storm sewer available for this proposal,

therefore the developer is required to consult NIW and may wish to requisition a surface water sewer

to serve the proposed development. There is no watercourse nearby to allow discharge to a

watercourse. There is available capacity in the receiving Waste Water Treatment Works at Strabane.

On the basis of the above, officers consider it appropriate that a condition is imposed requiring No

Occupation of the development until the surface/storm water drainage works on site and off site have

been submitted to and approved by NIW.

DFI Rivers - The development does not lie within the 1 in 100-year fluvial floodplain. The site is

unaffected by a designated watercourse and a site inspection did not reveal any obvious undesignated

watercourses. A Drainage Assessment was submitted with the application and DFI Rivers requested

details of how runoff from the site will be controlled and safely disposed of. NIW have advised that

there currently is no capacity in their system for storm water, and there are no nearby watercourses

to get approval from DFI Rivers to discharge storm water. Within the Drainage Assessment the

consultant has therefore proposed soakaways to deal with storm water. Determining the suitability

of or granting permission to discharge into the underground strata as proposed in the Drainage

Appendix 24

Assessment is outside DFI Rivers remit. The consultant has therefore contacted NIW, as from the

consultant’s experience that in such cases when no storm sewer or watercourse is available NIW will

adopt storm sewers upstream of a soakaway. Confirmation is awaited from NIW which will then be

forwarded to DFI Rivers to conclude the assessment of the DA. On this basis therefore officers consider

it appropriate that a condition is imposed requiring ‘No Occupation of the development until the

surface water drainage works on site and off site have been submitted to and approved by NIW’.

Water Management Unit – refer to DAERA Standing Advice. No objection subject to condition. See

conditions section later in this report.

Regulation Unit Land and Groundwater Team – are content that there are no significant potentially

contaminating land uses on the application site or in the adjacent area and have no objection subject

to conditions and informatives. See conditions section later in this report.

Natural Environment Division – Bat Activity Survey’s and a Preliminary Ecological Appraisal were

submitted with the application. The reports submitted are to be read in conjunction with application

reference LA11/2019/0127/F as NED have assessed both proposals in tandem. NED raised only one

query on the surveys submitted, in relation to one tree on the site, tree 47. Tree 47 is outside of this

application site but is within the site of the full application. This tree is to be removed to facilitate the

full application proposal and therefore NED requires a further survey of this tree to determine the

presence/absence of a roost and if further compensation/mitigation measures are required. This

information has been requested from the agent who at the time of writing this report has confirmed

the consultant is carrying out an Emergence/Re-entry survey on Tree 47 and an addendum to the

original surveys submitted will be completed. On this basis therefore officers consider this specific

issue can be dealt with as part of the full application, and therefore are content there are no impacts

on ecology on the outline application site.

Shared Environmental Services – advise 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.

Appendix 24

10. Representations

2 representations have been received on this outline application; however it is acknowledged that a

total of 12 were received on the full application in relation to the development in the wider site. Given

the associated proposal on the site, officers consider that the issues raised in both the full application

and this outline proposal should be considered in tandem in the interests of fairness. The following

therefore provides a summary of the issues raised between both applications which are read and

considered together:

Road safety

- Curlyhill Road should be widened to a standard width to provide safe passage similar to the west

of the site and there should be provision of footpath along the length of the road to Glenview

Park

- Trees 13, 14, 17, 18, 29, 30, 31,32, 36, 43, 44 and 46 should be removed to accommodate

widening Curlyhill Road

- Wall along Curlyhill should be removed and rebuilt behind a footpath

- Unit 1 and 2 should be moved away from the road.

- Visibility splays should be tangential

- All poles along Curlyhill length of site should be removed.

- DFI Roads should elaborate as to why they do not think it reasonable for the development to

provide safe pedestrian access along this stretch of road. The road is used by Glenview Park

residents, residents of Knockavoe including Hollyhill area and most of Glenmornan.

- Removal of trees to provide safety should not impact on the natural amenity of the site.

- Curlyhill Road is narrow and dangerous and objectors would support improving and providing a

footpath along this section and believe losing the wall and trees to achieve this is necessary for

road safety

- Safety of motorists, cyclist and pedestrians has been a long standing issue at this location

- Number of vehicles/extra cars using road. – query did the proposal require a roundabout at the

entrance; will there be a bus to take people to and from the site;

- Path below the entrance

- Access is difficult to navigate outside No 12 Curlyhill due to visibility. At no stage can two car pass

due to the narrowness of the road, cars currently give way.

Appendix 24

Other issues raised

- Spelling of word Curlyhill - corrected on portal.

- Property values

- Impact on trees/trees at entrance

- An objector wants overgrown trees cut down or trimmed. Objector states that during Storm

Helena on 19th Sept 2018, one of the trees was blown down across Curlyhill Road on top of garden

fence taking down phone line, broadband, and electric cables/wires. Danger to pedestrians,

motorists and residents in No 14 Curlyhill Road. The leaves and deposits from trees fall within No

14 Curlyhill Roads back yard and objector states these are a health hazard outside.

- Impact on trees at entrance

- Barn owls and requirement to consult RSPB

- Noise

- Safety issues within objector’s gardens and driveways

Consideration by Officers

A few objectors requested to meet with planning officers at the site and therefore a site meeting was

arranged with the objectors and this took place on 4th April 2019. In considering all of the issues raised

by objectors at the site meeting and in their written correspondence, officers would make the

following comments:

With regards to the concerns raised in relation to road safety; an improved footway linking the site to

the existing footway towards Strabane town centre is being provided. Officers in consultation with DFI

Roads do not consider a footpath is required along the length of the site towards Glenview Park as

adequate access to the site and splays are being provided, see detailed assessment under PPS 3 later

in this report. In summary, vehicles approaching the access will be visible 80m from the access

(currently the splays are only 2.4 x 9m to the right and 2.4 x 15m to the left). This proposal is providing

2.4 x 80m splays in both directions by removing part of the wall and some protected trees. A significant

safety improvement will be delivered by this application to improve a substandard access, and this

represents a betterment in terms of the safety and convenience of existing road users on Curlyhill

Road.

Providing the increased splays requires removal of some of the mature trees which are protected by

a Tree Preservation order and removal of part of the existing boundary wall. The impact of the loss of

Appendix 24

trees has been assessed by Council Planning Tree Officer and removal of some of the trees is

considered acceptable to provide a safe access/egress into the site. See assessment of trees in PPS 2

section later in this report.

Additionally, officers do not consider removal of the entire wall necessary to provide a safe access for

this proposed development, and furthermore this proposal seeks to renovate the outbuildings on site

which are located adjacent to the wall to provide 2 no. 1-bed self-contained supported living units.

Removal of the wall in its entirety would therefore pose a safety risk to the future occupants of the 2

no. 1-bed self-contained supported living units which will be accommodated within the renovated and

extended barns.

Existing wall at entrance part of which will be removed to provide a safe access

With regards to other issues raised, i.e. loss of property values; whilst this is a material consideration

this does not provide determining weight in the application in the overall assessment of planning

policy. With regards to the points raised in relation to trees, as stated above a detailed assessment of

the trees is set out in PPS 2 assessment, see later in this report. It is noted an objector wants trees

cut/trimmed, and it has been raised there is a safety issues with fallen leaves in one objectors

Appendix 24

properties; however any works to the protected trees requires consent. The impact on loss of trees at

the site entrance has been considered, however in order to provide a safe access to the site officers

consider removal of some of the trees to provide this is appropriate and required to facilitate the

development. With regards to concerns in relation to noise, it is likely there will be noise during

construction period, and Environmental Health has provided a condition limiting the hours of work on

site to 7.30am-19.00 Monday to Friday, and 7.30 to 13.00 on a Saturday with no such working on a

Sunday. See conditions section later in this report. With regards to barn owl which was raised by an

objector on site, the ecologist confirmed the ecological survey submitted assessed priority species,

which is covered specifically in page 11 of the report. The site and associated woodland trees were

assessed for its suitability for breeding birds and nests were recorded if they were encountered. The

ecologist has advised at the time of surveys no barn owl were recorded at the site. On this basis,

officers therefore did not consider it necessary to consult RSPB.

11. Planning Assessment, including Other Material Considerations

Section 6 (4) of The Planning Act (Northern Ireland) 2011 requires 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 Strabane Area Plan, 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; PPS 15

Planning and Flood Risk; PPS 7 Quality Residential Environments; as well as consultation responses

received.

Summary of supporting Statement from Mencap / Golden Lane Housing

Social Need

The proposal on the site of No 11 Curlyhill is for specialist supported living and short breaks provision.

The outline proposal specifically relates to the Short Breaks provision. Mencap has a strong 50-year

history of supporting people with a learning disability to live independently, develop their skills and

abilities, and to achieve fulfilled lives, including individuals who have a great levels of independence;

through to individuals who have complex care and support needs.

Appendix 24

Mencap work with Golden Lane Housing, an independent national charity and housing association

(established by Mencap 1998) to help tackle inequality, and the barriers that people with a learning

disability face when it comes to finding a suitable home. Golden Lane housing provides quality

housing, specially designed and tailored to meet bespoke needs of the individuals, in a location

suitable to their needs, the needs of their families and location of their choice.

Since 2016 Mencap has been working with Golden Lane Housing in Northern Ireland to develop

innovative ways of providing person-centred social care and housing solutions, which enable people

with a learning disability to live independently with support; and they strive to ensure properties are

essentially ‘ordinary houses in ordinary streets’.

Since 2016 Western Health & Social Care Trust has been conducting a review of the provision of

Supported Living Services for Learning Disability in the Strabane and wider environs. This has identified

a significant unmet need for people in Strabane and wider outlying communities for both 1. Specialist

Supported Living Accommodation, and 2. Specialist Short Breaks’ (formerly termed respite)

Accommodation.

The supporting information states there is a clear need and urgent need for the proposed

development. There are over 227 adults with learning disabilities known to the Health Trust in the

Strabane and Castlederg area and 27 young people currently identified for transitioning into adult

services.

People with learning disability want to and deserve to live life in their own way and make their own

choices, just like everyone else. However, without the right support and property adaptions this is

often not possible. At present the vast majority of local people living with a learning disability are

cared for by ageing parents. Compared to elsewhere in the UK, NI has a higher proportion of older

people with a learning disability being cared for in the family home by an ageing family carer. The

shortage of supported housing in NI often means that a vulnerable person with a learning disability

face crisis when their elderly parent is taken ill, infirm, or passes away. As a result they are frequently

forced to move into emergency accommodation, which may be many miles from home. This includes

nursing homes, impersonal institutions or they are housed in private housing inappropriate for their

needs.

Appendix 24

The lack of community based supported living is further evidenced by the fact over 100 people with a

learning disability in NI are living in inappropriate hospital settings, and this practice has continued

despite the commitments made by NI Executive over 10 years ago to resettle everyone into the

community by 2015.

Gaps in supported living are further compounded by an acute shortage of short-break facilities for

people with a learning disability in NI, particularly Strabane, often creating further pressure on

individuals and family carers. High quality short breaks provision in the West of NI is non-existent

forcing families to accept placements for their loved ones in unsuitable accommodation when they

require respite. Short breaks give parents and carers an opportunity to rest and recharge, and those

they care for a welcome change from daily routines and a chance to socialise.

Working with Western Health and Social Care Trust and Golden Lane Housing, Mencap consulted with

people with a learning disability and their families to identify their needs. This gave a clear mandate

for the creation of a new purpose built short breaks centre in the Strabane area, and resulted in the

purchase of the Curlyhill site to develop for this purpose. An all-day, drop in, consultation event at

Curlyhill in July 2018 gave local people with a learning disability and their families the opportunity to

see the site, hear about the plans for housing and short breaks there and meet Mencap, Golden Lane

Housing, and WHSCT staff. 65 people attended the consultation event; and almost 90% said they

would like their loved ones to live there. A higher number described short breaks as a ‘huge and urgent

need.’ Strong views were expressed about the importance of green spaces and gardens, of having

space to have domestic animals. Families also stressed the need to include homes for people with

complex disabilities requiring a high ratio of staff to resident support, around the clock, from a skilled

and consistent team. The supporting information states this has formed the detailed care and support

service design, which has in turn informed the necessary physical site design to make this possible.

On 26th November 2018, Mencap and Golden Lane Housing presented its joint proposals to the

Western H&SCT Personal and Public involvement locality meeting. The statement advises the

proposals were favourably received.

Site selection

The supporting information states that the site has been carefully selected for its proximity to the

centre of Strabane and all its amenities. Currently hidden behind the gate with a long winding drive,

the design will open up the site creating a new and welcoming street in Strabane. There will be no

Appendix 24

gates separating the scheme from the community and the driveway will be realigned, creating a wider

vista with the Short breaks centre. The overall effect will be of buildings along a street in a leafy part

of town, not an institution set back behind gates. The size and maturity of the site will allow for

established gardens which will be landscaped and maintained, with a network of paths and sitting

areas throughout the grounds, including a path leading directly from the houses to the town as well

as space for raised beds for gardening activities and a communal workshop area for residents to

engage in craft and other social activities.

Proposed development

Extending over three phases and with investment of over £4m into the locality, the entire

development will comprise of a mix of attractive spacious and accessible homes for 16 local people,

very close to the centre of Strabane with Mencap support on hand 24/7. At the heart of the project

will be a much needed short break facility (respite) reaching over 100 people every year.

Due to the identified health, care and support needs of the individuals, the following specific needs

have been identified which have informed the detailed design for the proposed development;

The need to live in a place where it can be ensured there is relatively quiet and calm

surroundings.

The need to live in an area where people can be part of their local community, but also have

the opportunity to live nearby and to develop peer relationships

The ability for staff to provide responsive support across a number of properties without

accommodation being clustered tightly together, offering ordinary houses on an ordinary

street

Good quality accommodation in the form of a mix of different types of shared and self-

contained homes; and with specifically designed circulation space for support staff to move

freely and expediently between tenants as required

A short breaks accommodation offering 7 bed spaces which is in proximity to the existing

supported living service, facilitation economies in scale in terms of staff rota design and

requirement

A property which allows staff to support vulnerable adults, some with a risk of absconding

out, with a safe environment in accordance with their assessed needs and agreed support

plans with suitable environment as proposed in this application

Appendix 24

A location accessible and convenient for support staff, thereby reducing a reliance on private

transport for a section of the workforce who are unable to travel long distances to work due

to high costs compared with earnings. This in turn creates employment opportunities for

some of those most in need of employment within the local community.

Assessment of Policy

The Strategic Planning Policy Statement for NI (SPPS)

The SPPS outlines the importance of balancing the complex social, economic and environmental

factors in decision making as the three pillars of sustainable development. Para 3.4 states the SPPS

does not seek to promote any one of the three pillars of sustainable development over the other. The

relevance of, and weight to be given to social, economic and environmental considerations is a matter

of planning judgement in any given case. In summary, furthering sustainable development means

balancing social, economic and environmental objectives, all of which are considerations in the

planning for and management of development.

Social Need

In considering the social need for the proposal and the information provided in the supporting

statement, the agent has demonstrated that site selection was key to achieving the requirements and

key outcomes for one of the most vulnerable groups in society. The proposed development will be

designed to offer and address an unmet social need in Strabane and surrounding area, aiming to

provide ordinary houses in ordinary streets, and providing a safe and secure environment catering for

the needs of vulnerable groups.

The wider development will support delivery of homes to meet a wider range of housing needs than

would otherwise be available, for individuals who have a learning disability and in particular those

within the wider Strabane Community. The impact of all this will deliver significant improvements for

the individuals who will be living within the overall development. The proposal could deliver wider

increased health and wellbeing outcomes for a much wider support network of parents (often ageing

parents); carers and family members.

Appendix 24

The former residential site will be brought back into use, and is formerly developed land within the

settlement limit and it is considered the proposal will provide an attractive environment, assist with

economic regeneration and reduce the need for green field development which complies with para

3.6 of SPPS.

The overall development will deliver quality, environmentally sustainable design, offering a variety of

house types, sizes and tenures in the scheme driven by professional assessments of need-undertaken

through the Western Health and Social Care Trust. In accordance with para 4.16 of SPPS the overall

proposal will meet the diverse needs of the community and enhance opportunities for shared

neighbourhoods.

Economic

The overall proposal requires significant investment by Mencap in partnership with Western Health

and Social Care Trust and capital investment proposed by Golden Lane Housing. The proposals will

offer a range of skilled jobs; and provision of services tailored for the most vulnerable groups in

society. This therefore represents a much needed economic growth for the wider Strabane area. The

supporting information states Golden Lane Housing is keen to support local employment

opportunities during the construction phases; the £4m investment would support 60 employment

opportunities in the construction sector. This has been calculated based on the new development

generating 30 opportunities (5 new build bungalows Phase 1 and 2, 500m2 new build short break

accommodation, source HBF Housing calculator), and a further 30 employment opportunities through

phase 1 main house and barns refurbishment, and hard/soft landscaping across the site.

Environmental

The environmental impacts of the proposal including the impacts on TPO trees are assessed below.

Strabane Area Plan 2001

The application site is located within the development limits of Strabane on unzoned land. The existing

use on this site was low density residential accommodation. The dwelling on site is currently

unoccupied. The overall development of the site will increase the density, which is more comparable

to the surrounding area, and nearby developments of Glenview Park, Hillmount Grove and Mount

Appendix 24

Carmel Heights all of which bound the site on three boundaries. The wider overall development (full

and outline) will bring the site back into residential use whilst fulfilling a social need for some of the

most vulnerable groups within the local community, which is supported by para 3.6 of SPPS.

This overall development for the site, including the full and outline application is for Residential Use

(Planning Use Class C1) Supported Living Accommodation and Residential (Use Class C3) Short Breaks

Accommodation providing homes for 16 no individuals; and respite solutions for over 100 individuals

per year. This proposal complies with the Strabane Area Plan.

PPS 2 Natural Heritage

Impact on Trees protected by a Tree Preservation Order

Tree Survey Plan showing site as existing. This plan is read in conjunction with a Tree survey report

identifying the condition of every tree on site and specifically identifying those which are dying,

dead or dangerous that need to be removed for safety reasons

Appendix 24

The trees on this site are protected by a Tree Preservation Order which provides protection for trees

considered to be of a special value in terms of amenity, history or rarity. It makes it an offence to cut

down, top, lop, uproot or wilfully damage or destroy a protected tree, or to permit these actions

without seeking consent to do so.

Tree Constraints Plan for the entire site subject to the full and outline planning application

showing the proposed development within the site and those trees required to be removed to

accommodate the development

A Tree Survey by an Ecologist was submitted which identified those trees within the site which are

dying, dead or dangerous and therefore are to be removed from within the site for safety reasons.

This survey also assessed the condition of all remaining trees on the site. The tree survey submitted,

and proposals to remove other trees within the site as identified in a Tree Constraints plan have also

been assessed by Council Planning’s Tree Officer and Planning Officers. In summary, a number of trees

do have to be removed to accommodate the proposed development, mainly to improve and provide

a safe access into the site as currently there is a sub-standard site access; to provide visibility splays;

and to accommodate the new build element of the scheme and the realignment of the internal access

road.

Appendix 24

This outline application will require removal of only 4 groups/trees to accommodate the short break

accommodation, and an additional two trees which are identified within the tree survey require to be

felled due to their condition. One of the groups to be removed is an orchard of 10 apple trees and the

other is a Laburnum and two Holly trees. Whilst parking is provided within the root protection zone

of a number of the trees, the tree officer considers that using permeable surfacing will not impact on

the tree roots, and therefore there is no concerns with regards to this. The details will be required to

be submitted a reserved matters application stage.

Any trees to be removed to accommodate the development proposal are to be replaced and this is

set out in the landscape proposals. A Landscape Architect’s proposed planting plan has been

submitted which takes cognisance of the number of trees to be removed to accommodate this

development and re-planting is identified to help mitigate the removal of TPO trees within the site.

Landscaping Plan to mitigate against the loss of TPO trees

Tree constraints plans have also been submitted showing the exact trees which are to be removed to

accommodate the entire development proposal of both the outline and full application; and this has

Appendix 24

been assessed by officers who consider the removal of trees identified is acceptable. This is a unique

application to provide bespoke accommodation for people with a learning disability and on this basis

given the unique circumstances of the case and social needs; the proposal is considered acceptable

and consent to do works to the trees and for tree removal will be addressed through conditions. Those

trees which are to be removed to accommodate the proposal will not adversely impact the integrity

and amenity value of the Tree Preservation Order on the wider site; officers consider its integrity has

not been unacceptably compromised.

Impacts on Ecology

Bat Activity Surveys and a Preliminary Ecological Appraisal were submitted with the application. The

reports submitted are to be read in conjunction with application reference LA11/2019/0127/F as NED

have assessed both proposals in tandem. NED raised only one query on the surveys submitted, in

relation to one tree on the site, Tree 47. Tree 47 is outside of this application site but is within the site

of the full application. This tree is to be removed to facilitate the full application proposal and

therefore NED requires a further survey of this tree to determine the presence/absence of a roost and

if further compensation/mitigation measures are required. This information has been requested from

the agent who at the time of writing this report has confirmed the consultant is carrying out an

Emergence/Re-entry survey on Tree 47 and an addendum to the original surveys submitted will be

completed. On this basis therefore officers consider this specific issue can be dealt with as part of the

full application, and therefore are content there are no impacts on ecology on the outline application

site.

NED is also content that the proposed landscaping works and planting plans submitted mitigates for

the loss of some vegetation within the Broadleave Woodland habitat that will occur as part of the

development. Provided the applicant adheres to the landscaping plan in full then NED has no further

concerns regarding habitat loss.

The proposal therefore complies with PPS 2.

Appendix 24

Planning Policy Statement 3 Access Movement and Parking

The development of the entire site has been submitted in two applications, a full application for the

renovation and adaption of the existing dwelling to provide C1(b) supported living provision for 6

residents; existing courtyard buildings to be renovated and extended to create two no 1bed self-

contained supported living units; demolition of garage; construction of 5 no new build C1(B) supported

living units for 8 residents, with staff provision and shared communal workshop. This current outline

planning application is for proposed use class C3(a) Short Break accommodation for up to 7 residents.

Both the outline and full application have been considered in totality in the assessment of the

proposed development, and to ensure comprehensive development of the site, its constraints and

access and traffic impacts.

Currently the existing access to the site is sub-standard and the proposal involves improvements to

the access and visibility splays to provide a safe access to and from the site. The existing visibility splays

are very poor and the existing boundary walls encroach beyond the kerb line, and currently there is

no footway linking to the site. Part of the boundary wall and some frontage trees are being removed

and replaced to improve visibility splays. The boundary wall downhill from the site will be removed to

permit the footway to be extended into the site. Currently the footway stops at the boundary wall

which currently protrudes in to the carriageway beyond the kerb. See photograph below. The

provision of a footway removes this obstruction from the carriageway.

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Existing situation – boundary wall protrudes in to the carriageway beyond the kerb. This part of

the wall will be removed and a new footway link provided to connect into the existing footway on

Curlyhill

Vehicles approaching the access will be visible 80m from the access (currently the splays are only 2.4

x 9m to the right and 2.4 x 15m to the left). This proposal is providing 2.4 x 80m splays in both

directions by removing part of the wall and some protected trees. A significant safety improvement

will be delivered by this application to improve a substandard access, and this represents a betterment

in terms of the safety and convenience of existing road users on Curlyhill Road.

Appendix 24

Access Plan showing significant improvements to the access to the site and increased visibility splays

The supporting information submitted in the statement and Transport Assessment Form advises that

due to the nature and level of individuals care and support needs, none of the individuals living at the

property will drive their own cars; these individuals will require trained support workers who will be

at the property and who will either walk, use public transport, drive their own cars. The site is 500m

walk from the centre of Strabane, and residents are within walking distance to post office, bank,

pharmacy, health centre and multiple shops. There is a bus stop on Church Street/Curlyhill Road. The

Curlyhill stop is served by service 398b providing a link to Abercorn Square in the town centre. The

bus stop is 200m down Curlyhill Road from the site access.

In terms of parking the masterplan indicates 20 spaces for the development of the entire site. The

parking requirement for supported living is 0.25-0.5 spaces per bed, and 1 space per 3 staff. The whole

site (both phases) will have accommodation for a total of 23 units for residents, therefore a parking

requirement for 6-12 spaces. It is estimated that between the two applications there will be 11 staff

on site, therefore a parking requirement of 4 spaces. The proposed 20 spaces accommodates the

requirements for both staff and residents. Consideration has been given also to visitor parking and

servicing particularly for the short breaks accommodation (outline application) and parking for a range

of tenants. Consideration has been given to tenants living at the development site who will be

Appendix 24

supported by trained staff to be active in the community, i.e. for day activities and opportunities

including shopping, person centred activities and leisure, as part of their support plans.

The proposal complies with PPS 3.

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

All of the QD1 criteria (a-i) are expected to be met; they are each assessed below:

a) In terms of the site’s character, the site is located within an established residential area on Curlyhill.

The proposal will provide short break (respite) accommodation which is indicated in the proposed

block plan submitted with the application as a curved building. The layout and use of this building

will be compatible with the remaining site which is under consideration under LA11/2019/0127/F.

The scale and massing of the building will be assessed at reserved matters application stage. The

concept layout plan showing the location of the building and parking arrangements takes into

account the existing Tree Preservation order on site. The overall proposal for the entire sites

development as demonstrated in both this outline application and the full application are

considered appropriate to the character and topography of the site.

Appendix 24

Proposed site layout plan and concept plan for comprehensive development of the entire site,

taking into account TPO Trees

b) There are no impacts on archaeology or built heritage. The constraints on the site identified a

potential Holy Well in the locality. Historic Environment Division were consulted on the

application and advised that on the basis of the information provided they are content the

proposal is satisfactory to SPPS and PPS 6 and therefore have no objections to the

development.

c) The large mature gardens and majority of the trees within the site are being retained and

integrated into the overall development. A number of protected trees do have to be removed

to accommodate the development and this was assessed earlier in this report in detail under

PPS 2 consideration. Compensatory tree planting will however also be provided to off-set the

loss of trees on the site. There is adequate provision within the site for open space and

circulation areas for residents of the proposal.

d) Local neighbourhood facilities are not required due to the scale of the scheme; however, the

site is located within the development limits of the Strabane and is within 500m walking

Appendix 24

distance to the town centre and neighbourhood facilities including post office, banks, health

centre and retail facilities.

e) A movement pattern has been established for the development with provision made for

internal footpaths within the site and provision of a footway link which will connect to the

existing network on Curlyhill. As advised in PPS 3 assessment earlier in this report, the

boundary wall downhill from the site will be removed to permit the existing footway to be

extended into the site. Currently the footway stops at the boundary wall which currently

protrudes in to the carriageway beyond the kerb. The provision of a footway removes this

obstruction from the carriageway providing safe pedestrian connection to the site.

f) Adequate provision has been made for parking within the development with 20 spaces being

provided within the entire development site of the full and outline application which will

accommodate the proposal. DFI Roads has no objection to the parking and the access to the

site which will be significantly improved from what currently exists on the ground. DFI Roads

has provided conditions. See detailed assessment of the access in earlier section in PPS 3

assessment.

g) With regards to the design, the elements of the proposal in terms of design as this is an outline

application the detailed design of the building will be required at reserved matters stage.

h) The layout will not conflict with adjacent land uses and there will be no unacceptable adverse

effect on existing or proposed properties in terms of overlooking, loss of light, overshadowing,

noise or other disturbance. The site will still be significantly screened by the existing protected

trees on site and neighbouring properties on the boundary will be separated from the site by

woodland trees on site which are being retained.

i) The development is designed to deter crime and promote personal safety to and from the site;

the proposed building will frame the internal road within the development site and will have a

secure boundary around the site. The proposal will therefore promote personal safety for the

future occupants of the building.

Appendix 24

Planning Policy Statement 15 Planning and Flood Risk

FLD 1 – The site does not lie within the 1 in 100 year fluvial flood plain

FLD 2 – The site is unaffected by a designated watercourse and a site inspection did not reveal any

obvious undesignated watercourses.

FLD 3 - A Drainage Assessment was submitted with the application and DFI Rivers requested details of

how runoff from the site will be controlled and safely disposed of. NIW have advised that there

currently is no capacity in their system for storm water, and there are no nearby watercourses to get

approval from DFI Rivers to discharge storm water. Within the Drainage Assessment the consultant

has therefore proposed soakaways to deal with storm water. Determining the suitability of or granting

permission to discharge into the underground strata as proposed in the Drainage Assessment is

outside DFI Rivers remit. The consultant has therefore contacted NIW, as from the consultant’s

experience that in such cases when no storm sewer or watercourse is available NIW will adopt storm

sewers upstream of a soakaway. At the time of writing this report officers are awaiting confirmation

from the agent who is liaising with NIW; which will then be forwarded to DFI Rivers to conclude the

assessment of the DA. On this basis therefore officers consider it appropriate that a condition is

imposed requiring No Occupation of the development until the surface water drainage works on site

and off site have been submitted to and approved by Council, NIW and DFI Rivers. See conditions

section later in this report.

Conclusion and Recommendation

Officers have considered the proposed development, the social need for the proposal, the loss of

Protected Trees and other material considerations including the consultation responses and

representations received; and, on balance in considering the three pillars of sustainable development,

the proposal development will not cause demonstrable harm to interests of acknowledged

importance. Significant weight has been placed on the social need for this proposal as well as bringing

a former site back into use, and the future maintenance and protection of a mature woodland setting

alongside sympathetic replanting and landscaping which will safeguard the site and environment for

future generations. The representations received have been given careful consideration particularly

road safety aspects; however the proposal demonstrates that a safe access to the site can be provided

as well as improvements to the existing pedestrian linkages to Strabane town centre. The proposal is

Appendix 24

therefore considered acceptable in that it is in accordance with the SPPS, Strabane Area Plan and all

other relevant policy considerations. It is therefore recommended that the Council’s Planning

Committee approve planning permission LA11/2019/0124/O for the proposed development subject

to conditions set out below;

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. The under-mentioned reserved matters shall be as may be approved, in writing, by the Council :-

- Siting; the two dimensional location of buildings within the site.

- Design; the two dimensional internal arrangement of buildings and uses and the floor space

devoted to such uses, the three dimensional form of the buildings and the relationship with their

surroundings including height, massing, number of storeys, general external appearance and

suitability for the display of advertisements.

- External appearance of the Buildings; the colour, texture and type of facing materials to be used

for external walls and roofs.

- Means of Access; the location and two dimensional design of vehicular and pedestrian access to

the site from the surroundings and also the circulation, car parking, facilities for the loading and

unloading of vehicles and access to individual buildings within the site.

- Landscaping; the use of the site not covered by building(s) and the treatment thereof including

the planting of trees, hedges, shrubs, grass, the laying of hard surface areas, the formation of

banks, terraces or other earthworks and associated retaining walls, screening by fencing, walls or

other means, the laying out of gardens and the provisions of other amenity features.

Reason: To enable the Council to consider in detail the proposed development of the site.

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3. Full particulars, detailed plans and sections of the reserved matters required in Conditions 01 and

02 shall be submitted in writing to the Council and shall be carried out as approved.

Reason: To enable the Council to consider in detail the proposed development of the site.

4. No development shall take place on-site until the method of sewage disposal has been agreed

with Council in writing in conjunction with Northern Ireland Water (NIW).

Reason: To ensure a practical solution to sewage disposal is possible at this site.

5. No development shall take place on-site until storm water discharge from the site has been agreed

with Council in writing in conjunction with Northern Ireland Water (NIW).

Reason: To ensure a practical solution to storm water disposal is possible at this site

6. Prior to the commencement of any other site works all existing trees to be retained, as identified

on drawing No 08 Revision 1 (Tree Constraints Plan) date stamped 26 July 2019, shall be protected

by appropriate fencing in accordance with British Standard 5837:2012 Trees in relation to design,

demolition and construction – This must be at a distance of the crown spread (the outer drip-line

of the tree) or half the tree height, whichever is the greater. Fencing shall be at least 1.2m high

cleft chestnut pale or chain link, well braced to resist impacts or similar to be agreed in writing

with the Council. These works shall be undertaken before any equipment, machinery or materials

are brought on to the site for the purposes of the development and shall be maintained until all

equipment, machinery and surplus materials have been removed from the site. Nothing shall be

stored or placed in any area fenced in accordance with this condition and the ground levels within

these areas shall not be altered, nor shall any excavation be made or any other works carried out,

or fires lit without the prior written consent of the Council

Reason: To ensure the health and viability of the trees protected by a Tree Preservation Order of

trees and other vegetation to be retained and to ensure the continuity of amenity afforded by

existing trees.

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7. No retained tree shall be cut down, uprooted or destroyed, or have its roots damaged within the

crown spread nor shall aboricultural work or tree surgery work take place on any retained tree be

topped or lopped other than in accordance with the approved plans and particulars, without the

written approval of the Council. Any arboricultural work or tree surgery approval shall be carried

out in accordance with British Standard 5837:2012 Recommendations for Tree Work.

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

8. If any retained tree is removed, uprooted or destroyed or dies within 5 years from the date of

completion of the development it shall be replaced within the next planting season by another

tree or trees in the same location of a species and size to be agreed in writing by the Council.

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

9. Prior to the occupation of any of the units hereby approved, the developer shall provide all

proosed planting as indicated on the approved plan, drawing no 06 Revision 1 (Landscape Planting

Plan) date stamped received 26 July 2019.

Reason: To ensure that the planting provision is provided in a timely manner for the benefit of the

occupiers

10. No units shall become occupied until a landscape management and maintenance plan has been

submitted to and approved by the Council. The plan shall set out the period of the plan, long term

objectives, management responsibilities, performance measures and maintenance schedules for

all areas of landscaping within the site. The landscape management plan shall be carried out as

approved.

Reason: To ensure successful establishment and ongoing management and maintenance (in

perpetuity) of the amenity areas in the interests of visual and residential amenity and in the

interests of existing trees on site.

Appendix 24

11. If during the development works, ground contamination or risks to the water environment,

environmental or human health receptors are encountered which have not previously been

identified, works should cease and the Planning Authority shall be notified immediately. This new

contamination shall be fully investigated in accordance with the Model Procedures for the

Management of Land Contamination (CLR11). In the event of unacceptable risks being identified,

a remediation strategy shall be agreed with the Planning Authority, DAERA and Environmental

Health in writing, and subsequently implemented and verified to its satisfaction.

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

use.

12. After completing any remediation works required under condition 10 and prior to occupation of

the development, a verification report needs to be submitted in writing and agreed with

Department. This report should be completed by competent persons in accordance with the

Model Procedures for the Management of Land 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.

13. Construction work, which is audible at any noise sensitive property outside the site, shall only take

place between the hours of 07.30 - 19.00 hours on Monday to Friday, 07.30 - 13.00 hours on

Saturday with no such working on Sunday. Outwith these hours, work at the site shall be limited

to emergency works, or construction work that is not audible at any noise sensitive property.

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

14. 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 generally in accordance with drawing

number 05 (Rev. 2) bearing the date stamp 26 July 2019.

Appendix 24

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

convenience of road users.

15. At Reserved Matters Stage parking and servicing shall be in accordance with the requirements of

the Department’s current published Parking Standards and Creating Places.

Reason: To ensure the provision of adequate parking facilities to meet the needs of the

development and in the interests of road safety and the convenience of road users.

16. The development hereby permitted shall not become operational until any highway

structure/retaining wall requiring Technical Approval, as specified in the Roads (NI) Order 1993,

has been approved and constructed in accordance with BD2 Technical Approval of Highways

Structures: Volume 1: Design Manual for Roads and Bridges.

Reason: To ensure that the structure is designed and constructed in accordance with BD2 Technical

Approval of Highways Structures: Volume 1: Design Manual for Roads and Bridges.

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