Appendix 8

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 25th March 2019

APPLICATION No: LA11/2018/0929/F

DATE OF APPLICATION: 03/09/2018

APPLICATION TYPE: Full

PROPOSAL: Retention of a shed erected to provide a waiting room for parents and therapy

equipment store for Hippotherapy service

LOCATION: Land to the rear of 14 Cregg Road, Claudy, BT47 4HX

APPLICANT: Gortilea Social Farm

AGENT: One2One Planning

ADVERTISEMENT: 17/10/2018, 09/01/2019

STATUTORY EXPIRY: 31/10/2018, 23/01/2019

RECOMMENDATION: Approve

REASON FOR PRESENTATION TO COMMITTEE: Application submitted by a member of Council staff -

Part B3 of Scheme of Delegation.

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

1.1 This application seeks permission to retain a shed (marked B in figure 2) erected to provide a

waiting room for parents and a store for therapy equipment associated with the Hippotherapy

service. The agent has indicated that Hippotherapy is occupational therapy using horses or ponies.

Hippotherapy is occupational therapy for children with complex physical and mental needs using

horses or ponies to work on the balance, posture and fine motor skills of the children. The agent’s

supporting statement advises that hippotherapy ‘has proven its success in children walking,

talking, feeding, improved digestion and many more life changing results’.

1.2 This application should be read in conjunction with appendix 7, application reference

LA11/2019/0012/F to retain the change of use of the shed marked A in figure 2, from its approved

Appendix 8

use for the domestic housing of vehicles and working machinery, to a use providing Hippotherapy

services. The use of the shed, subject of this application (marked B in figure 2), is ancillary to the

use of the shed marked A in figure 2.

2. Site and Surrounding Area

2.1 The site lies within the Settlement Development Limits of Claudy, as defined by the Derry Area

Plan 2011 (DAP 2011).

2.2 The site is accessed via an existing laneway which also serves a dwelling at 14 Cregg Road.

The land rises up to the rear of the dwelling. The northern boundary of the site, adjacent to

No.359 Glenshane Road, is defined by the gable of the shed marked A in figure 2 and a close

boarded timber fence approximately 1.8m high (figure 7); the shed subject of this application is

located just beyond the site boundary (figure 7). The eastern boundary of the site is defined by

a concrete stepped wall and some existing vegetation. The garden area of No. 15 Main Street

Claudy provides approx. 22metres separation to the dwellings along Cregg Mor Drive to the east.

The southern boundary of the site (as outlined in red) is shared with No.14 Cregg Road (figures 2

and 3), while the western boundary of the site is defined by the western elevation of the shed

which is the subject of application ref: LA11/2019/0012/F (appendix 7). Areas indicated as a

paddock area and garden are located to the south of the shed marked A (figure 2).

2.3 The surrounding area is predominantly characterised by residential properties. Cumber

Claudy Primary School is located adjacent to the site (to the south), while Upper Cumber

Presbyterian Church and the associated Church Hall are located opposite the access to the site

on Cregg Road (to the west).

2.4 The subject shed (figure 6) is monopitch in form and has a width of approximately 4 metres,

length of approximately 15.6 metres and a height of approximately 4 metres (figure 9).

Hippotherapy sessions are provides in the adjacent shed to the west (subject of appendix 7 Ref:

LA11/2019/0012/F). The materials used are Kingspan trapezoidal paneling on steel/aluminum

framing in a dark grey colour. The shed sits on a concrete blockwork plinth. There are 3 steel

sheeted timber cored external doors painted black. A shed within the yard to the south provides

stables (figure 4).

Appendix 8

Figure 1: Site Location Plan

Appendix 8

Figure 2: existing site layout plan. Subject shed marked B. Shed marked A is subject of application

ref: LA11/2019/0012/F.

Figure 3: No.14 Cregg road located in the foreground to the right of the photo and the shed marked A

(subject of application LA11/2019/0012/F) is on higher ground to the rear of the property.

A B

Appendix 8

Figure 4: stables and shed subject of application ref: LA11/2019/0012/F; No. 14 Cregg Road is

located in the background of the photo (visible on the left).

Figure 5: stable (left), Shed subject of application ref: LA11/2019/0012/F – appendix 7 (centre),

shed subject of this application (right)

Appendix 8

Figure 6: Shed used as a waiting room and store under this application.

Figure 7: View of the gable end of the shed subject of application ref: LA11/2019/0012/F and long

elevation of the shed subject of this application as viewed from No.359 Glenshane Road

Appendix 8

Figure 8: View from Cregg Mor Drive between numbers 3 & 5

Figure 9: elevation plans of the subject shed.

3. EIA Determination

3.1 The application has been considered against schedule 2 10 (b) Urban Development Projects of

the Planning (Environmental Impact Assessment) Regulations 2017. The application has also been

considered cumulatively along with the development subject of application LA11/2019/0012/F.

As the development area is less that the threshold size of 0.5Ha and the site is not in a sensitive

area an EIA determination is not required.

Appendix 8

4. Habitat Regulations Assessment

4.1 Assessment under the Habitats Regulations is not required as there is no watercourse

directly abutting this site. Therefore, it is unlikely that there will be any adverse effects

from development works on the integrity of any National or European site. There are no

trees or landscape features on this site, which will be adversely impacted by this

proposal. Therefore, it is unlikely that this proposal will adversely affect a priority species

or their habitat, which is afforded protection.

5. Site Constraints

Major Road Proposals – A6

Loughs Agency Consultation Zone

Settlement Development Limit of Claudy (DAP 2011)

6. Neighbour Notification – add 08/03/19

Neighbour Address

10 Cregg Road,Claudy,Londonderry,BT47 4HX,

12 Cregg Road

Claudy Londonderry

BT47 4HX

15 Main Street,Claudy,Londonderry,BT47 4HR,

24 Cregg Road,Claudy,Londonderry,BT47 4HX,

353 Glenshane Road,Claudy,Londonderry,BT47 4HP,

355 Glenshane Road,Claudy,Londonderry,BT47 4HP,

359 Glenshane Road,Claudy,Londonderry,BT47 4HP,

3 Creggmore Drive Claudy

Londonderry BT47 4HT

51 Cregg Road,Claudy,Londonderry,BT47 4HX,

5 Creggmore Drive

Claudy Londonderry

BT47 4HT

7 Creggmore Drive Claudy

Londonderry BT47 4HT

9 Creggmore Drive

Claudy Londonderry

BT47 4HT

Appendix 8

Cumber Claudy Primary School,20 Cregg

Road,Claudy,Londonderry,BT47 4HX,

Trustees Of Upper Cumber Presbyterian Church,Upper Cumber

Presbyterian Church,17 Cregg Road,Claudy,Londonderry,BT47 4HX,

Trust Upper Cumber Presbyterian Church,Church Hall,15

Cregg Road,Claudy,Londonderry,BT47 4HX,

7. Relevant Site History

A/2002/0654/F – Erection of shed to house vehicles and working machinery - 14 Cregg Road,

Claudy, Londonderry – Permission Granted 10/12/02.

LA11/2018/0028/CA - Alleged unauthorised erection of shed and change of use of the land for a

business – enforcement action ongoing.

LA11/2018/0950/LDE – Certificate of Lawful Development (CLUD) for the existing use of the

subject shed and grounds at the rear of property located at 14 Cregg Road, Claudy for

Hippotherapy. The CLUD was refused as it was not demonstrated that the use had been operating

for 5 years and had therefore become immune from enforcement action. A planning application

was required to ascertain if the use was acceptable at this location.

LA11/2019/0012/F - Retrospective change of use of domestic shed to provide Hippotherapy

sessions - To rear of 14 Cregg Road, Claudy, BT47 4HX – Decision Pending.

8. Policy Framework

Derry Area Plan 2011

Strategic Planning Policy Statement for Northern Ireland

Planning Policy Statement 3: Access, Movement and Parking

9. Consultee Responses

DfI Roads – no objection subject to conditions

NI Water: no objection

Environmental Health: no objection

10. Representations

Objections

10.1 There have been 7 objections received from 2 addresses which have raised the following

issues.

Appendix 8

1. Query regarding the original description stating ‘proposed shed’. Planning application should

be retrospective as the shed is existing.

The description was initially ‘proposed shed’ but this has been amended to retention of a

shed….The application was readvertised on 8 January 2019 and re-neighour notified on 20

December 2018.

2. Queries answer to Q.6 on P1 form regarding the nature of the development and considers that

the development should be ‘retention of development’ and not ‘new buildings’.

An amended P1 form was received on 14 December 2018 indicating at question 6 that the

proposal involves a retention of development. Neighbours were re-notified on 20 December

2018.

3. Queries answer to Q.24 on P1 form regarding existing areas of floorspace as the agent has

failed to provide any answers.

An amended p1 form was received on 14 December 2018 amending question 24 indicating

the floor area of the subject shed. Neighbours were re-notified on 20 December 2018.

4. The objector notes that the application is dated 31st August 2018, however the Council’s receipt

stamp is dated 28 September 2018 and queries how this application would have been validated

in its current form.

Agent’s cover letter is dated 31st August 2018. The initial date on which plans were stamped

received was 03 September 2018. The application was not accepted as valid at that time as

the redline indicating the application site did not encompass the full extent of the site and link

to the public road. Amended plans were submitted on 28 and the application made valid on

02 October 2018.

5. Site Plan and Block Plan are both incorrect. Site Location Map is incorrect and does not

accurately show the location of the subject shed in relation to the boundary wall with No.359

Glenshane Road and also that it reflects the old footprint of their property and not that of their

current dwelling.

The matter was notified to the agent and she responded on 14th December advising that the

site location map could not be updated as it is ‘a licenced product’. Officers consider that as

Appendix 8

the site location map is an Ordnance Survey of Northern Ireland map and is crown copyright

dated to 2018, it is an up to date map.

The block plan however submitted on 14th December 2018 indicates accurately the footprint

of No. 359. Neighbours were re-notified on 20th December 2018.

6. The objector questions the need for a large storage area for farm equipment given the

residential location of the shed within the Claudy Town boundary and as the Social Farm is on

60 acres of land at 491 Baranailt Road, almost 3 miles from the application site.

The application when initially submitted was described as ‘approval is sought for a

shed….which is used for storage for the farm……’. This was subsequently amended to

‘Retention of a shed erected to provide a waiting room for parents and therapy equipment

store for Hippotherapy service.

7. The objector questions the need for a building of this proportion on a residential site,

particularly at their boundary.

The building is for the storage of equipment and provides a parents waiting room and is

thereby an ancillary use associated with the hippotherapy provided in Shed A (figure2).

It measures approx. 4 metres in width, 15.6 metres in length and is approximately 4 metres in

height. There is a separation distance of approx.18 meters between the subject shed and No.

359 at its nearest point; no. 359 sits at an angle to the site (see figure 2).

As is evident from figure 7, the subject shed is ancillary in size and scale to the shed marked A

in Figure 2 and is not considered to be an overly large structure in terms of length or height.

The visual impact of the building is considered under section 11.11 – 11.16.

8. Main sewer line connects to a manhole inside the curtilage of 14 Cregg Road. Shed has already

been erected over the inspection manhole, thus giving no access to the main sewage and

discharge line for neighbouring properties for maintenance purposes.

The agent, when queried on this matter, provided a letter from NIWater dated 16 January

2019 advising that a building was constructed using a raft type foundation which is not weight

bearing on the sewer. In a further letter from NI Water dated 05 March 2019, it is advised that

a man hole in ‘the corner of the yard is fit for use and available to NI Water….in the event of

blockage on this public sewer’. A map indicating the position of the manhole was also

Appendix 8

provided. The objector was re-notified of this information on 7th March 2019. Members are

advised that this matter has no material bearing on this application.

9. The objector queries why the service has to be delivered at 14 Cregg Road and not Gortilea

Social Farm on Baranailt Road.

The agent has argued that this service could not be delivered at Gortilea Social Farm on

Baranailt Road due to the complex needs of the children who use this service as they require

a quiet location. There can be no livestock or machinery moving and making noise to startle

or scare the children.

The matter for officers to consider is whether the site which is the subject of the planning

application i.e. 14 Cregg Road in this case, is a suitable location for the service subject to no

detrimental impact on residential amenity of neighbouring occupants.

10. Queries funding and financial support for the hippotherapy service

The provision of funding is not a material consideration carrying determining weight in

consideration of this planning application.

11. The objector alleges that a large garden area to the rear of No.355 Glenshane Road is to be

used for an outdoor arena for horses.

Officers cannot comment on this matter as the area in question lies outside the application

site and forms no part of the consideration of the development to be retained. It is also not

material to consideration of application ref: LA11/2019/0012/F.

12. The objector queries which director of Gortilea Social Farm CIC is actually living at 491

Baranailt Road, Claudy

Officers do not consider that the director residing at no. 491 Baranailt Road has a material

bearing on this application. Planning permission goes with the land subject of the application

rather than a named individual.

13. The objector queries the stated reason for providing the subject shed.

The agent advises that the shed is to provide storage for equipment used in the hippotherapy

sessions and to provide for the comfort of parents waiting on their children during their

therapy sessions. The agent states that ‘up until the shed was erected [parents] had stay in

Appendix 8

their vehicle…… for the duration of the session’. Now, the parents can watch their children’s

sessions on CCTV screen in the waiting area.

The objector queries the stated need for the shed given that a previous ‘jackleg portable cabin

was on site to provide a waiting area for parents. The objector therefore considers the agent’s

stated purpose of the shed to be misleading.

The matter for officers to consider is the acceptability or otherwise of the shed which is the

subject of this application taking into consideration, visual impact and impact on residential

amenity.

14. Marketing and media information regarding the location at which the Hippotherapy service s

delivered is misleading as it references the location as on a farm.

The planning officer has no remit in respect of information displayed on marketing or media

platforms. The matter for the planning department relates to the accurate description of the

location of the site and the nature of the development. The accuracy of this information is

necessary to ensure that the planning application is valid and that any member of the public

who may have an interest in the application is notified and that they are fully aware of the

nature of the development.

15. No information has been submitted to support efforts to find a more suitable location

Certain planning policies may require consideration of alternative sites (e.g. retail and industrial

type development). Where consideration of alternative sites is not a policy requirement, the

application site as proposed by the applicant must be considered by officers taking into

consideration whether the proposal would unacceptably affect the amenities and the existing use

of land and buildings that ought to be protected in the public interest (section 2.3 of SPPS). In

respect of this application, the matter is further considered under section 11.

16. No evidence produced re: Ms McMonagle’s qualifications (Ms McMonagle is the hippotherapy

service provider)

The qualifications of the service provider does not fall within the remit of the planning

department. This matter would likely fall to be considered by any statutory or chartered body

which has regulatory authority over service provision.

Appendix 8

17. Buildings are a blot on the landscape

The visual impact of the buildings is considered under section 11.11-11.16

18. Commercial premises/business uses in a residential area is totally unacceptable

The acceptability or otherwise of the use is considered under section 11.

19. Noise pollution throughout the day is unacceptable – horses, vans, cars

Noise is considered under section 11.22 -11.26

20. Cregg Road struggles to deal with the existing traffic – more would be intolerable and

dangerous and Safety of the children at the nearby Primary School – any increase in traffic

would create a dangerous, unacceptable threat to the pupils.

DfI Roads, as the statutory agencies with respect to road safety and comments that

‘this application has been reviewed in conjunction with application LA11/2019/0012/F for the

activities carried out at the site. The applicant / agent has indicated that the number of

vehicles on average attracted to the site each day is 4. The representations have been

reviewed with the main roads related point raised being the intensification of Cregg Road.

Cregg Road is approx. 6.0m wide with a 2.0m wide footway from the Main Street to Cumber

Claudy Primary School. The number of vehicles attracted to the site and the associated

intensification of Cregg Road is minimal. DfI Roads have no objections to the proposals subject

to conditions.

Officers queried with the agent the number of vehicle movements to ascertain if they included

vehicle movements associated with transporting the ponies to and from the site. Updated

traffic figures were provided indicating 1 additional vehicle movement to account for

transporting the ponies by horse box. DfI was consulted on 7th March 2019 to ascertain if this

additional number of movements resulted in intensification of the use of the access.

Neighbours were also re-notified to allow an opportunity to comment. DfI commented that

‘the number of vehicles attracted to the site and the associated intensification of Cregg Road,

even with the addition of a ‘good vehicle’ (i.e. Horse box) is minimal.

Appendix 8

21. Land Ownership

The applicant, Gortilea Social Farm, has completed Certificate C of Form P1 serving notice on

Susan and James P Mullan at 14 Cregg Road as the persons in actual possession of the lands

on which the development has been carried out.

In respect of land ownership, Mr O’Kane accepts that the house, land and sheds at 14 Cregg

Road are owned by Susan and James Mullan. He argues however that the certificate should

not have been served on them at this address.

In respect of Certificate C, the purpose of serving notice on a third party is to ensure that as

a person in actual possession of the application lands, they are made aware of the planning

application and have an opportunity to comment on it if they so wish. If the address provided

for Susan and James Mullan is incorrect in effect they would have been incorrectly served

notice of the application and potentially be unaware of it. The matter of prejudice arises and

the application may technically be invalid.

There is no obligation on the Council to check the accuracy of certificates unless it is

challenged. It must also be noted that the council has no jurisdiction in land ownership

disputes. Such disputes are entirely matters for the Courts. In relation to inaccurate

certificates or alleged inaccuracy the key issue is prejudice to other interested parties.

Mr O’Kane has challenged the certificate and officers brought the matter to the agent’s

attention. The agent has responded advising she is satisfied that the certificate has been

correctly served and provided information confirming that Susan and James Mullan have an

address at 14 Cregg Road. It is also the case that Susan Mullan and Clare McMonagle (both

signatories as Directors of Gortilea Social Farm on the ‘Certificate of Incorporation of a

Community Interest Company’ as is James Mullan) attended a meeting with officers on 5th

December in the council offices; officers are satisfied that interested parties are aware of the

application and that no prejudice arise.

10.2 Letters of Support

There have been 68 letters of support and a petition of support with 54 names received. Many

of these are from parents of children who use hippotherapy at Gortilea Social Farm. The

Appendix 8

letters outline various medical conditions which the children have and how the children have

benefitted from hippotherapy.

The therapeutic benefits of hippotherapy, is not disputed. This application considers only the

landuse planning implications of the provision of storage and parent’s waiting area as a use

ancillary to the Hippotherapy service and the impact of the use on visual and residential

amenity.

11. Planning Assessment & Other Material Considerations

11.1 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.

11.2 Derry Area Plan 2011

The area plan map for Claudy indicates that the site is unzoned white land within the settlement

development limits. White land is land within a development limit, not zoned for a specific use.

White land sites may be able to accommodate a range of different land uses, however each

proposal is considered on its individual merits.

11.3 Strategic Planning Policy Statement for Northern Ireland (SPPS)

Current regional policy for consideration of the development subject of this application is provided

by the SPPS para 2.3 which states:

‘The planning system operates in the public interest of local communities and the region as a

whole, ….. It does not exist to protect the private interests of one person against the activities of

another ….The basic question is not whether owners and occupiers of neighbouring properties

would experience financial or other loss from a particular development, but whether the

proposal would unacceptably affect amenities and the existing use of land and buildings that

ought to be protected in the public interest. Good neighbourliness and fairness are among the

yardsticks against which development proposals will be measured’.

11.4 Sections 4.11 – 4.12 of the SPPS refer to Safeguarding Residential and Work Environs and

state there are a wide range of environment and amenity considerations, including noise, which

should be taken into account by planning authorities when managing development. The planning

system has a role to play in minimising potential adverse impacts, such as noise or light pollution

Appendix 8

on sensitive receptors by means of its influence on the location, layout and design of new

development.

11.5 Planning Policy Statements

Planning Policy Statement 3: Access, Movement and Parking (PPS3) and Planning Policy Statement

8: Open Space, Sport and Outdoor Recreation are also material to consideration of this application

and is identified by the SPPS as a retained policy document. The SPPS introduces transitional

arrangements which will operate until the Council’s Plan Strategy has been adopted. During this

period planning authorities will apply the existing policy (contained in the PPSs, referred to as the

retained policy) together with the SPPS.

The SPPS states that where there is any conflict between the SPPS and the retained policy or any

policy clarification provided in the SPPS that would conflict with the retained policy, the SPPS

should be accorded greater weight in the assessment of individual planning applications.

In this case there is no conflict between the policy direction of the SPPS and PPS3.

11.6 Planning Policy Statement 3: Access, Movement and Parking

Policy AMP 2 Access to the public road

This policy considers development involving the intensification of the use of an existing access.

Planning Policy Statement 8: Open Space, Sport and Outdoor Recreation

Policy OS 5 ‘Noise Generating Sports and Outdoor Recreational Activities’ states that the

development of sport or outdoor recreational activities that generate high levels of noise will

only be permitted where all the following criteria are met:

(i) there is no unacceptable level of disturbance to people living nearby or conflict with other

noise sensitive uses;

(ii) there is no unacceptable level of disturbance to farm livestock and wildlife; and

(iii) there is no conflict with the enjoyment of environmentally sensitive features and locations or

areas valued for their silence and solitude.

Assessment

11.7 This application seeks retrospective permission to retain a shed erected to provide storage

for therapy equipment and a parents waiting area; the use of the shed is considered ancillary to

the Hippotherapy service provided in the shed subject of application ref: LA11/2019/0012/F. This

application considers the impact on visual and residential amenity of the subject shed.

Appendix 8

11.8 In accordance with section 2.3 of the SPPS, the planning merits of this development centre

on whether the design and use of the shed would unacceptably affect:

- the amenities of the owners and occupiers of neighbouring properties and

- the existing use of land and buildings that ought to be protected in the public interest.

11.9 Amenity considerations arising from the development, include noise and general nuisance,

overlooking and privacy, impact on the visual amenity of neighbours arising due to the size, scale

and design of the subject building and in combination with the shed marked A in figure 2 (i.e the

shed approved under A/2002/654/F) and traffic generation.

Odour and environmental impacts arising from waste management of horse manure are

considered under application LA11/2019/0012/F (appendix 7) as that application deals with the

acceptability in principle of the provision of Hippotherapy services at this location.

11.10 Matters relating to design, visual impact, loss of light and overshadowing and the

cumulative visual impact of both sheds are pertinent considerations in this case as this is an

additional shed on the site, built without the benefit of planning permission and for which

planning permission is required.

Visual Impact

11.11 The site is surrounded by residential dwellings on its northern, eastern and western

boundaries and by CumberClaudy Primary School to the south. Consequently public views of the

site from the Glenshane Road, Cregg Road and Cregg Mor Drive are limited.

The site is viewed principally from No. 359 Glenshane Road, 12 Cregg Road and dwellings 1, 3,5,7

and 9 Cregg Mor Drive.

The design and finishes of the sheds can be seen from figures 6, (the shed subject of this

application) and 7 (subject shed and the shed subject of appendix 7).

11.12 The shed approved under A/2002/0654/F is a long established feature in the locality and as

no changes to its appearance, size or scale are proposed, this building imposes no additional visual

impact on No. 359 Glenshane Road, No. 12 Cregg Road or Nos. 1, 3,5,7 and 9 Cregg Mor Drive.

Appendix 8

11.13 The photograph in Figure 7 is taken from the garden area of No. 359 Glenshane Road;

officers visited this property with Mr. O’Kane’s permission (i.e. the occupier of No. 359) on 1st

March 2019. The shed subject of this application is more modest in scale than the shed approved

under A/2002/0359/F, albeit it extends to approximately 15m in length. The subject shed is a

monopitch construction (figure 9) and the lowest part of the roof of the building faces No. 359. It

measures 3.5m to eves along this elevation. A close board fence which defines the boundary

between No. 359 and the application site screens approximately 1.5m of the shed height. A hedge

is partly planted along the site boundary within the curtilage of No. 359. Viewed together from

No. 359, the subject shed appears subordinate to the larger shed. The materials used in the

construction of the building matches that of the larger shed and the dark material finish assists

with absorbing the building allowing it to integrate as part of a holistic building group. Given the

scale of the building and the separation distance of approx. 18 between it and No. 359 the visual

impact from this view point is not considered to be unacceptably visually intrusive. Mr. O’Kane

has cited dominance and a feeling of being hemmed in by the development as it extends for the

length of the property boundary. Officers consider that the separation distance between No. 359

and the sheds on the boundary at approx. 18m at the closest point is sufficient to negate an over-

dominant influence of the subject shed.

11.14 There are no views of the subject shed from No. 12 Cregg Road.

11.15 The dwellings in Cregg Mor Drive are orientated perpendicular to the subject shed. Nos. 1

and 3 view the rear elevation and gable of the shed, whilst Nos. 5, 7 and 9 view the gable and front

of the shed. The shed is subordinate in size and scale when viewed along with the larger shed and

is provided a backdrop by it as viewed from these properties. The dark material finishes assist with

absorbing the subject shed against the backdrop provided by the larger shed. Combined with a

separation distance of approx. 22m from the application site boundary, the building group is not

considered to be unacceptably visually intrusive.

11.16 The dark coloured material that the shed is clad in does exhibit an industrial or agricultural

appearance. Officers consider that the dark coloured finish of the building assists with reducing

the massing and size of the building. A light coloured render finish would, by contrast, have the

effect of making the building more conspicuous. Should members consider that the material finish

is not appropriate in this context however, Officers will consider alternatives.

Appendix 8

Overlooking and Privacy

11.17 There are no windows, doors or other openings on the elevation of the subject shed facing

No. 359 Glenshane Road (Figure 7) which would allow overlooking onto this property and a

consequent loss of privacy. Also evident in figure 7 is the gable of the shed subject of planning

application LA11/2019/0012/F (appendix 7); there are also no openings, doors or windows which

would allow overlooking onto No. 359 Glenshane Road. In respect of the matter of overlooking

and privacy officers consider that the subject shed improves the privacy of No.359 Glenshane

Road by closing off the yard and preventing views from the application site into the private garden

area and sun room of no. 359 Glenshane road. Prior to the erection of the subject shed,

overlooking onto No. 359 would have been possible from the yard of the application site as only

a low wall defined the boundary between both properties.

11.18 The subject shed has no impact on No. 12 Cregg Road as that property is separated from

the subject shed by the shed marked A in Figure 2.

11.19 The eastern boundary of the site which faces the properties in Cregg Mor Drive is defined

by a stepped concrete wall. The properties in Cregg Mor Drive are at a lower level than the

application site. The rear boundaries of these properties benefits from some planting. To prevent

overlooking from the yard of the site onto these properties, a condition requiring a 2m high fence

is recommended to ensure the privacy of the properties in Cregg Mor Drive is protected. Given

the distance of approx. 22m between the site and these properties, it is not considered that the

fencing would result in overshadowing or overdominance of the properties in Cregg Mor Drive.

Loss of Light and Overshadowing

11.20 There is no adverse impact on surrounding neighbouring properties in terms of loss of light,

as there is adequate separation distance between sheds which have been erected and the

neighbouring properties at No.359 Glenshane Road, No. 12 Cregg Road and No.s 3 and 5 Cregg

Mor Drive.

11.21 There is adequate separation distance of approximately 18 metres between the existing

shed and No. 359 Glenshane Road and of approximately 22 metres between the boundary of the

application site and No.s 3 and 5 Cregg Mor Drive. There is approximately 35 metres between the

existing shed and the boundary with No.12 Cregg Road.

Appendix 8

Noise and General Disturbance

11.22 Noise resulting from participation by patrons during hippotherapy sessions is considered

under application ref: LA11/2019/0012/F (appendix 7). Noise resulting from the use of this shed

subject of this application is considered below.

11.23 The storage of equipment is not in itself noise generating. Noise could be generated when

equipment is moved into and out of the shed. The equipment referred to includes Trampoline,

Balance boards, wobble boards and stones, Mats for ground work, Weighted blankets

dark den, sensory small light up toys, Social story books and visual aids, Educational material

toys, equipment for the ponies – saddles, bridles etc. It is not considered that the movement of

pieces of equipment such as this would be noise generating to the extent that it would be

detrimental to the amenity of neighbours. Environmental health was consulted for comment

and sought clarification with the applicant the type of storage equipment to be stored and

established that this would not include farm machinery. EHD has no objection and advises that

in the future should the premises give rise to unreasonable levels of noise, they have regulatory

powers to investigate and take any enforcement deemed necessary to cease any statutory

nuisance.

11.24 In respect of the use of the waiting area by parents and the provision of CCTV facilities, it is

not considered that this will be a source of noise, as it has been established under application

reference LA11/2019/0012/F that the principle hippotherapy use is a use which itself requires a

quite environment.

Hours of operation

11.25 The agent has explained that patrons arrive for therapy sessions no earlier than 10am and

have left the premises by 3pm on the days that the service is provided. This means that at times

when neighbouring residents can reasonably expect their environs to be more peaceful (i.e. in the

early mornings and in the evenings), that the residential amenity of neighbours is not impacted

on by the arrival and departure of patrons and activities associated with the delivery of the

hippotherapy sessions. A condition restricting the hours when patrons attend to between 10am

and 3pm is considered necessary to ensure this remains the case.

11.26 Officers consider that as patrons attend individually for their therapy sessions and given

that parents wait inside a dedicated the subject shed and subject to a condition restricting the

hours when the service can be delivered, the use is unlikely to generate unacceptable levels of

Appendix 8

noise. It is considered therefore that there is no unacceptable level of disturbance to people living

nearby or conflict with other noise sensitive uses.

Roads Issues – Increased Traffic/Access

11.27 As noted above, DfI Roads have reviewed this application in conjunction with application

LA11/2018/0929/F. The applicant/agent has indicated that the number of vehicles on average

attracted to the site each day is 5 no. The representations have been reviewed with the main

roads related point raised being the intensification of Cregg Road. DfI Roads consider that the

number of vehicles attracted to the site and the associated intensification of Cregg Road is minimal

and have no objections to the proposals.

11.28 In respect of parking, 2 staff vehicles are parked at No. 14 Cregg Road and as only one child

at a time is catered for during a session parking for one car is required in the yard at the sheds.

Figure 2 indicates that there is sufficient space within the yard to manoeuvre and park vehicles

attending the service.

Summary:

11.29 In consideration of the proposal against section 2.3 of the SPPS and policy AMP 2 of PPS3

the use of the subject shed for the provision of Hippotherapy sessions is unlikely to be detrimental

to local residents by reason of noise and general disturbance and is unlikely to result in an

intensification of use of the existing access making it unsafe, due to the operational requirements

of the business i.e. Clients require a quiet and calm environment, attend sessions individually not

in groups and attend between the hours of 10am to 3pm Wednesday to Friday and only until 1pm

on occasional Saturdays. The visual amenity of the area is not considered to be unduly

impacted….., Neighbours at 359 Glenshane Road and 12 Cregg Road are not overlooked at all and

while some overlooking onto properties in Cregg Mor Drive is possible this can be remedied by

the provision of fencing and so the development does not merit refusal on this ground.

Overshadowing is not an issue given the separation between the building on the site and

surrounding neighbours. It is considered therefore that as the development does not

unacceptably affect amenities and the existing use of land and buildings that ought to be

protected in the public interest it causes no demonstrable harm and thereby accords with the

requirement of section 2.3 of the SPPS.

Appendix 8

12. Conclusion and Recommendation

Having considered the proposal against the area plan, planning policy, concerns raised by local

residents and responses received from consultees, it is considered that the use is unlikely to be

detrimental to residential amenity. The use of the subject shed to provide hippotherapy is

considered acceptable at this location and approval is recommended subject to the conditions set

out in section 13.

13. Conditions

1. This decision notice is issued under Section 55 of The Planning Act (Northern Ireland)

2011.

Reason: This is a retrospective application.

2. No Hipportherapy sessions shall be attended at the premises outside the following times

10am - 3pm Wednesday to Friday and 10am to 1pm on Saturday.

Reason: To safeguard the living conditions of residents in adjoining and nearby properties.

3. Within 6 weeks of the date of this permission, a 2m high fence shall be erected along the

eastern boundary of the site.

Reason: To safeguard the privacy of residents in adjoining and nearby properties.

4. The vehicular access, including visibility splays and any forward sight distance, shall

be provided in accordance with Drawing No. 02 bearing the date stamp 20 December 2018,

within 3 months of the date of approval. The area within the visibility splays and any forward

sight line shall be cleared to provide a level surface no higher than 250mm above the level of

the adjoining carriageway and such splays shall be retained and kept clear thereafter.

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

the convenience of road users.

Appendix 8

5. The access gradient to the development hereby permitted shall not exceed 8% (1 in

12.5) over the first 5 m outside the road boundary. Where the vehicular access crosses

footway, the access gradient shall be between 4% (1 in 25) maximum and 2.5% (1 in 40)

minimum and shall be formed so that there is no abrupt change of slope along the footway.

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

the convenience of road users.

6. Within 3 months of the date of approval, the hard surfaced areas shall be

constructed and permanently marked in accordance with the approved drawing no. 02

bearing date stamp 20 December 2018 to provide adequate facilities for parking, servicing

and circulating within the site. No part of these hard surfaced areas shall be used for any

purpose at any time other than for the parking and movement of vehicles.

Reason: To ensure that adequate provision has been made for parking, servicing and traffic

circulation within the site.