Appendix 6

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 4th July 2018

APPLICATION No: LA11/2017/0778/LBC

APPLICATION TYPE: Listed Building Consent

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 city centre

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of Derry, within the Central 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

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Site context:

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Proposed Elevations

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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 Notification is not required for Listed Building Consent applications.

6. Relevant Site History

LA11/2017/0761/F - 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.

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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.

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 on the corresponding application

LA11/2017/0761/F 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.

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Historic Environment Division (HED) were consulted on 2 occasions 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

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.

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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.

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

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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.

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.

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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.

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,

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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.