derry city and strabane district council planning...
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Appendix 5
Derry City and Strabane District Council Planning Committee Report
COMMITTEE DATE: 4th July 2018
APPLICATION No: LA11/2017/0761/F
APPLICATION TYPE: Full Application
PROPOSAL: Proposed installation of 2x external retractable awnings to part of
the front façade of the existing building
LOCATION: Custom House, Queens Quay, Derry, BT48 7AS
APPLICANT: Kular Fashions
AGENT: Gradon Architecture
ADVERTISEMENT: 06.09.2017
STATUTORY EXPIRY: 20.09.2017
RECOMMENDATION: REFUSE
REASON FOR PRESENTATION TO COMMITTEE: Refusal recommended
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
Proposed installation of 2x external retractable awnings to part of the front façade of the
existing building.
2. EIA Determination
The proposal is not EIA development.
3. Site and Surrounding Area
The application site comprises a three storey building, comprising an existing restaurant,
Entrada. The site is a Grade B1 Listed Building (HB01/21/017 B; Custom House) of special
architectural and historic interest as set out and protected in Section 80 of the Planning
Act (NI) 2011. The site lies within the Historic City Conservation Area and Area of
Archaeological Potential, and is located adjacent to Harbour House, a Grade B+ Listed
Building, and the Guildhall, a Grade A Listed Building. The site lies within the Central
Appendix 5
Area Boundary and the Commercial Core of the Derry Area Plan 2011. The application
site fronts onto Queen’s Quay and Harbour Square. The surrounding area is typically
characterised by city centre commercial uses such as banks, the post office and
restaurants.
Site Location Map
Appendix 5
Site context:
Appendix 5
Proposed Elevations
Appendix 5
4. Site Constraints
Listed Buildings
HB01/19/038 – The Guildhall
HB01/19/039 – Danske Bank, 6 Shipquay Place
HB01/19/041 – 5 Guildhall Street
HB01/19/042 – Harbour Commissioners Office
HB01/21/016 – 22 Waterloo Place
HB01/21/017A – Post Office, 3 Custom House St.
HB01/21/017B – Custom House
Archaeological Sites & Monuments
LDY014:032
LDY014:033
Other Constraints
BE 7/1 – Area of Archaeological Potential
Historic City Conservation Area
Loughs Agency Consultation Zone
Policy H5 Designated Flats Zones
Proposal CA 1 Central Area
Proposal CA 2 The Commercial Core
5. Neighbour Notification Report
Neighbour Address
Date Neighbour
Notified
British Telecom, Londonderry Telephone Exchange, 2 Queens Quay Londonderry, Londonderry, BT48 7AY
23/08/2017
Derry City Council, Harbour Museum,7 Guildhall
Street,Londonderry,Londonderry,BT48 6AF
23/08/2017
Derry City Council, Offices Gd & 1st Floor,7a ,Guildhall Street, Londonderry, Londonderry
23/08/2017
Exchange House,1 Queens Quay,Londonderry,Londonderry,BT48
7AS
23/08/2017
Exchange Restaurant, Exchange House, 1 Queens Quay, Londonderry, Londonderry, BT48 7AS
23/08/2017
Royal Mail, Post Office,3 Custom House
Street,Londonderry,Londonderry,BT48 6TT
23/08/2017
The Women’s Centre,5 Guildhall Street,Londonderry,Londonderry,BT48 6BB
23/08/2017
Appendix 5
6. Relevant Site History
LA11/2017/0778/LBC - Custom House Restaurant & Wine Bar, Queens Quay, Derry, BT48
7AS - Proposed installations of 2 x external retractable awnings to part of the front
façade of the existing building – Decision Pending.
A/2009/0231/F - Custom House, Queens Quay, Londonderry - 3 storey rear extension,
alterations & change of use from government offices into licensed restaurant -
Permission Granted 20/10/09.
A/2009/0228/LB - Custom House, Queens Quay, Londonderry - 3 Storey rear extension,
alterations and change of use from government offices into licensed restaurant –
Permission Granted 20/10/09.
A/2013/0107/F - Custom House, Queens Quay, L'Derry - Alteration to existing 2nd floor
kitchen and the conversion of the existing 1st floor smoking balcony into a new staff
changing facility – Permission Granted 20/06/13.
A/2013/0108/LBC - Custom House Queens, Quay Londonderry BT48 7AS, - Alteration to
existing 2nd floor kitchen and the conversion of the existing 1st floor smoking balcony
into a new staff changing facility – Permission Granted 05/07/13.
LA11/2016/0635/F - Lands at the Harbour Square, Custom House Street, Guildhall Street
and Whittaker Street, Foyle Embankment, Derry City - Proposed public realm works and
installation of an artwork sculpture (Factory Girls) – Permission Granted 28/03/17.
Monico Bar/Guildhall Taphouse:
Awnings were previously approved under application references A/2008/0935/F - New
retractable awning to existing public bar - Permission Granted 25/06/10 and
A/2008/0951/LB - New retractable awning to facility new smoking area for existing
public bar – Consent Granted 16/06/10.
LA11/2016/0747/F - 4 Custom House Street Derry - Proposed installation of external
awning, proposed installation of ATM machine including remedial works to existing
sandstone to facilitate same - Permission Granted 28/02/17.
LA11/2016/1070/LBC - Guildhall Taphouse, 4 Custom House Street Derry, BT48 6AA, -
Proposed installation of external awning, proposed installation of ATM machine
including remedial works to existing sandstone to facilitate same – Permission Granted
28/02/17.
Appendix 5
7. Policy Framework
Derry Area Plan 2011
Strategic Planning Policy Statement for Northern Ireland
Planning Policy Statement 6: Planning, Archaeology and the Built Heritage
8. Consultee Responses
DfI Roads were consulted on 4 occasions and requested additional information and
technical amendments. Revisions were submitted and on 07.02.2018 – DFI Roads
advised that they had no objections to approval being granted to this application subject
to conditions and informatives.
Historic Environment Division (HED) were consulted on 2 occasions on the corresponding
application LA11/2017/0778/LBC and recommend refusal for the reason outlined in
paragraph 12 below. HED considered the impact of the proposal on the Listed Building.
08.09.2017 - In response to consultation dated 22 August 2017
HED considered that the proposal fails to satisfy Policies BH 8 and BH 11 of Planning
Policy Statement 6, Planning, Archaeology and the Built Heritage, and Paras 6.12/6.13 of
Strategic Planning Policy Statement (SPPS).
The proposal affects a number of Listed Buildings including the following:
HB01 21 017 B Custom House, Custom House Street, Derry. Grade B1
HB01 19 042 Harbour Commissioners Office, Harbour Square, Derry. Grade B+
HB01 19 038 The Guildhall, Guildhall Street, Derry. Grade A
This is a group of Listed Buildings which are intact in their external natural stone historic
detailing.
HED considers the proposal would have an adverse effect on the character of the Custom
House and the setting of the surrounding Listed Buildings and would result in
unnecessary damage to the historic structure.
11.12.2017 - In response to consultation dated 15 November 2017
HED were consulted to consider additional information and considered that the proposal still
fails to satisfy SPPS 6.13 Change of Use, Extension or Alteration of a Listed Building, Policy BH8
Appendix 5
Extension or Alteration of a Listed Building, SPPS 6.12 Development proposals impacting on
Setting of Listed Buildings and Policy BH11 Development affecting the Setting of a Listed
Building.
HED noted that the application has been revised in an effort to minimise the effect of the
awnings on the façade of the listed building but note that, when extended, they will still obscure
the windows to a certain extent and remain inappropriate on a building of this style and
character.
HED noted the reference to the nearby Tap House Bar in another listed building HB01/19/040 A -
Former New Monico Lounge 4-6 Custom House Street and commented it “is of a different
style”.
9. Representations
No representations received.
10. Planning Assessment, including Other Material Considerations
Section 6 (4) of the Planning (Northern Ireland) Act 2011, requires the Council to make planning
decisions in accordance with the area plan for the council area unless material considerations
indicate otherwise. The Derry Area Plan 2011 applies in this case. The site is located within the
development limits of Derry, the Central Area Boundary, the Commercial Core and the Historic
City Conservation Area. This proposal has therefore been assessed against the policy framework
listed in paragraph 7 above and all other material considerations including consultation responses
and relevant planning history.
Strategic Planning Policy Statement for Northern Ireland
The SPPS introduces transitional arrangements which will operate until the Council’s Plan Strategy
has been adopted. During this period Planning Authorities will apply existing policy (in this case
PPS 6 - the retained policy) together with the SPPS. Any conflict between the SPPS and the
retained policies must be resolved in favour of the SPPS. There is no conflict or change in policy
direction between the provisions of the SPPS and those of PPS 6. PPS 6 therefore remains the
applicable policy context under which to consider the proposed development.
Appendix 5
The SPPS supports good design and positive place-making. This application is for the
proposed installation of 2x external retractable awnings to part of the front façade of the
existing building.
Para 6.12 of the SPPS states that Listed Buildings of special architectural or historic
interest are key elements of our built heritage and are often important for their intrinsic
value and for their contribution to the character and quality of settlements. It is
important therefore that development proposals impacting upon such buildings and
their settings are assessed, paying due regard to these considerations, as well as the
rarity of the type of structure and any features of special architectural or historic interest
which it possesses.
Para 6.13 of the SPPS states that development involving a change of use and / or works
of extension / alteration may be permitted, particularly where this will secure the
ongoing viability and upkeep of the building. It is important that such development
respects the essential character and architectural or historic interest of the building and
its setting, and that features of special interest remain intact and unimpaired. Proposals
should be based on a clear understanding of the importance of the
building/place/heritage asset, and should support the best viable use that is compatible
with the fabric, setting and character of the building. Applicants should justify their
proposals, and show why alteration or demolition of a listed building is desirable or
necessary.
PPS 6: Planning, Archaeology and the Built Heritage
Policy BH 8 ‘Extension or Alteration of a Listed Building’ states the Department will
normally only grant consent to proposals for the extension or alteration of a listed
building where all the following criteria are met: the essential character of the building
and its setting are retained and its features of special interest remain intact and
unimpaired; the works proposed make use of traditional and/or sympathetic building
materials and techniques which match or are in keeping with those found on the
building; and the architectural details (e.g. doors, gutters, windows) match or are in
keeping with the building.
Appendix 5
Policy BH 11 ‘Development affecting the Setting of a Listed Building’ states the
Department will not normally permit development which would adversely affect the
setting of a listed building. Development proposals will normally only be considered
appropriate where all the following criteria are met: the detailed design respects the
listed building in terms of scale, height, massing and alignment; the works proposed
make use of traditional or sympathetic building materials and techniques which respect
those found on the building; and the nature of the use proposed respects the character
of the setting of the building.
As noted in para 8 of this report, HED were consulted on the corresponding application
LA11/2017/0778/LBC. The proposal has generated concerns from HED as it is considered
to have an adverse effect on the character of the Custom House and the setting of the
surrounding Listed Buildings and would result in unnecessary damage to the historic
structure. HED have indicated that historically, the Custom House would not have had
an awning as it was not a shop. Awnings of any type are inappropriate on a building of
this character and importance. This awning would obscure architectural details and this
is not acceptable. The detailing does not lend itself to the installation of roller boxes and
support stays. HED also consider that separate tables and umbrellas will also detract
from the setting of the listed building and others nearby.
It is considered that Custom House, together with Harbour House and the Guildhall, is an
important and visible grouping of Listed Buildings in a very prominent and key civic space
in the city, when viewed travelling along Queen’s Quay/Harbour Square. The proposal
would have an adverse effect on the setting of these surrounding Listed Buildings and
this is also a key gateway into the Historic City Conservation Area. It is considered that
this proposal can be distinguished from a similar planning approval at the Guildhall
Taphouse, as this is a Grade B1 Listed Building and the Guildhall Taphouse is a lesser
Grade B2 Listed Building, located in a side street, which is not as visible. The erection of
the awnings will have an adverse impact on the character of Custom House itself, as they
will interfere with the rhythm of the building and planning approval would set a
precedent for other key Listed Buildings within the city. There will also be an adverse
impact on the setting of the surrounding group of Listed Buildings, and therefore refusal
is recommended as it is considered to be contrary to BH 8 and 11 of PPS 6.
Appendix 5
11. Conclusion and Recommendation
In summary, the proposal is considered unacceptable as it would have an adverse effect
on the character of the Custom House and the setting of the surrounding Listed
Buildings. It would also result in unnecessary damage to the historic structure. Having
considered the proposal against the policy and all material considerations, refusal is
recommended.
12. Refusal Reason
The proposal is contrary to the Strategic Planning Policy Statement (SPPS), Paras 6.12
and 6.13, and Planning Policy Statement 6, Planning, Archaeology and the Built Heritage,
Policies BH 8 and BH 11, in that the proposal would have an adverse effect on the
character of the Custom House and the setting of the surrounding Listed Buildings and
would result in unnecessary damage to the historic structure.