Derry City and Strabane District Council Planning Committee Report. Environmental Improvement Scheme. Derry City & Strabane District Council

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1 Derry City and Strabane District Council Planning Committee Report COMMITTEE DATE: 7 th September 2016 APPLICATION No: APPLICATION TYPE: PROPOSAL: LA11/2015/0776/F Environmental Improvement Scheme Provision of a play area, path, lighting of paths and a small hub building. The play area is proposed to be furnished with large scale timber play equipment and enclosed with a green 2.4 m high mesh fence. The paths leading to the play area are to be lit. The small hub building (14.6 x 7.6m) with toilets, kitchen, event/meeting/office space, is proposed to be located within the fence enclosure. LOCATION: APPLICANT: AGENT: Green space adjacent to the existing car park within Ballyarnett Country Park. Derry City & Strabane District Council Derry City & Strabane District Council ADVERTISEMENT: 23 rd December 2015 STATUTORY EXPIRY: 6th January 2016 RECOMMENDATION: APPROVE REASON FOR PRESENTATION TO COMMITTEE:Council Application All planning application forms, drawings, consultation responses, letters etc. relating to this planning application are available to view on 1. Description of Proposed Development The application is for a play area with timber play equipment, a new 2.4 metre fence and lit pathways. The proposal will also include a small hub building which will provide toilets, a kitchen, event/meeting/office space. The playzones which will be as follows; a toddlers zone, a children s zone, and an older childrens play zone.

2 2. Site and Surrounding Area The application site is currently part of the 54 hectare Ballyarnett country park. This is located on the Northerly outskirts of the City off the Ballyarnett Road. The park is nestled between the housing estates of Cornshell Fields and O Donovan Road. The existing facilities within the park include a dog track an informal events space, a horse paddock area and Na Magha Hurling Club. Figure 1 site location plan

3 Figure 2 aerial view of site 3. Site Constraints The site had archaeological constraints. Contaminated land issues arose through the consultation period. 4. Neighbour Notification Report 61 Neighbours in the locality were notified on the 6 th January 2016 and again on the 14 th July after amendments to the plans. 5. Relevant Site History A/1977/0372- Initial zoning of the Park A/1977/0722- Two soccer pitches and a car park. LA11/2016/0497/O- Expansion of and redevelopment of country Park to include new vehicular access, car parks, surfaced footpaths, improvements to and erection of feature historic and amenity buildings, landscaping, paly areas and sporting pitches, allotments, racing dog training areas, lighting, orchard and themed gardens- Currently under consideration.

4 6. Policy Framework Derry Area Plan 2011 Strategic Planning Policy Statement for Northern Ireland (SPPS) Planning Policy Statement 3 : Access, Movement and Parking Planning Policy Statement 6 : Planning, Archaeology and The Built Heritage Planning Policy Statement 8 : Open Space, Sport and Outdoor Recreation 7. Consultee Responses Transport NI have no objections to the development subject to the conditions outlined in paragraph 11 regarding access and servicing arrangements Environmental Health assessed potential land contamination which prompted the submission of a contaminated land assessment by the applicant. The report identified very low levels of asbestos and methane concentrations. The applicant submitted a contamination remediation strategy to deal with these matters. Based on the suggested remediation measures Environmental Health have requested that the conditions relating to the remediation strategy be attached to the planning permission and these conditions are outlined in paragraph 11. NIEA Land, Soil and Air have no objections to the proposal subject to a condition that if any new contamination or risks are identified during the construction period then works should cease immediately and that Council should be notified. NIEA Drainage and Water assessed the potential impacts of the development upon the water environment and are content with the proposal. Loughs Agency have no objections to the proposal subject to standing advice. NIEA Archaeology raised no issues with the proposal. 8. Representations Consideration No letters of support or objection to the development have been received.

5 9. Planning Assessment and Other Material Considerations The site is within the grounds of the existing Council Park at Ballyarnett. The application is for the introduction of a play park at these lands. The site is within the development limits of Derry City as designated in Map 2 of the Derry Area Plan 2011 and is identified as existing recreation and open space. The main planning considerations that need to be taken into account in assessing this proposal are therefore the planning history of the site, SPPS in terms of design and amenity, PPS 3 in terms of access, parking and servicing and PPS 8 in terms of outdoor recreational activities facilities. The SPPS supersedes PPS 1 General Principles, however the guiding principle of what PPS 1 aimed to achieve in terms of public interest is supported through the SPPS; in particular, paragraph 2.3 states that the planning system operates in the public interest of local communities. It does not exist to protect the private interests of one person against the activities of another, although private interests may coincide with the public interest in some cases 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. Paragraph 5.72 of the SPPS further emphasises this in that sustainable development should be permitted, having regard to the local development plan and all other material considerations, unless the proposed development will cause demonstrable harm to interests of acknowledged importance. In such cases the planning authority has power to refuse planning permission. Amenity When considering the proposal I have considered the impact of the proposal on the surrounding land uses and buildings. In terms of operational development, the works will be involve the erection of a new 2.4m perimeter fence, the introduction of 40 lights at 6 metres in height along a pathway at the road from Cornshell Fields. There will be the introduction of a small hub building 14.6 x 7.6 to house a small kitchen/event/ meeting space and toilet. Within the fenced area there will be various play park fixtures including swings, climbing frames and other smaller fixtures.

6 The nearest residential properties to the proposal are 155 metres away at Paddock Lane and 40m away from the proposed pathway to the park and the houses at Cornshell Fields. It is my opinion that adequate separation distance exists between the site and the proposed park and therefore I do not think the proposal will have any adverse impact in terms amenity. Environmental Health have been consulted in relation to noise and have not raised any concerns. I do not consider that a play park would generate high levels of noise or cause unacceptable impacts on the residential amenity of nearby properties in terms of noise or disturbance. Nearby residents have not objected to the proposal. The provision of the fence around the new play park will enable the Council to restrict access to prevent its use beyond designated times, if necessary. Overall I would be of the opinion that the proposal will not cause any demonstrable harm to the neighbouring land uses and therefore is compliant with this aspect of the SPPS. Derry Area Plan 2011 The site is zoned as open space and recreation in the Derry Area Plan 2011 and as such the provision of this play park will not affect the zoning of this land as the play park would be considered a recreational use. Policy BE1 Urban Design The children s play area will be finished in grass with enviromulch play grade material surfacing to the play equipment areas. The play area will be enclosed by 2.4 metre high perimeter fencing and gates.these structures are typical of those found in urban park facilities and are therefore of an appropriate design and scale. They will not have a significant impact upon the visual amenity or character of this urban area. The landscaping of the site will include new planting around the play area to soften the visual impact of the development. The proposal complies with SPPS and Policy BE 1 of the Derry Area Plan in terms of design. PPS3: Planning Policy Statement 3 : Access, Movement and Parking- Transport NI have raised no issue with the proposal subject to a condition about visibility splays at the vehicular access onto Springfield Road prior to the commencement of development.

7 Planning Policy Statement 8 : Open Space, Sport and Outdoor Recreation. This is an existing designated area of open space and recreation in the Area Plan. The provision of this play park does not affect the zoning of the site for open space and enhances the use of the area and therefore complies with policy OS1. Figure 3 site layout

8 Figure 4 details of hub building Appendix 8

9 Figure 5 details of fence Figure 6 details of pedestrian and cycle links to the park

10 The facilities will be served by a new pedestrian access and a footpath. Transport NI have no objections to the development and I do not consider that the development will prejudice public safety or significantly inconvenience traffic flow. 10. Conclusion and Recommendation Having considered all material considerations, including the development plan, relevant planning policies, planning history, consultations etc. I would recommend that the Planning Committee gives consideration to my professional report and recommendation to grant planning permission for this play park, fence, paths, lighting and hub building. 11. Conditions 1. As required by Section 61 of the Planning Act (Northern Ireland) 2011, the development hereby permitted shall be begun before the expiration of 5 years from the date of this permission. Reason: Time Limit. 2. The ground floor construction of all buildings on the site shall be as described in Section 5.1 of the Generic Quantitative Risk assessment (GQRA) and Remediation Strategy, report no PM , provided by Pentland Macdonald Ltd. An effective physical barrier between future site users and underlying reduced quality soils shall be emplaced across the entire site as described in Section 5.2 of the above report. Reason: To protect human health and to bring the site into a state that represents an acceptable risk to end-users. 3. Prior to occupation of the development, a validation report demonstrating the effective installation of the gas protection measures and the emplacement of the physical barrier across the site, shall be submitted to the Planning Service in compliance with section 5.4 of the above report. The validation report shall additionally include: Integrity testing of the building gas protection measures by use of air lancing/tracer gas/other approved method, undertaken after all joints and penetrations have been sealed. Certificates of Integrity evidencing successful testing shall be included in the validation report. The verification shall take account of relevant guidance document CIRIA 735, Good practice on the testing and verification of protection systems for buildings against hazardous ground gases. Reason: To protect human health and to bring the site into a state that represents an acceptable risk to end-users.

11 4. If during the development works, new contamination or risks to health are encountered which have not previously been identified, works should cease and the Planning Service 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 Service in writing, and subsequently implemented and verified to its satisfaction. Reason: To protect human health and to bring the site into a state that represents an acceptable risk to end-users. 5. After completing all remediation works under Condition 4 and prior to occupation of the development, a verification report shall to be submitted in writing and agreed with the Planning Authority of Derry City and Strabane District Council. 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: To protect human health and to bring the site into a state that represents an acceptable risk to end-users. 6. If during the development works, new contamination or risks to the water environment 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). 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: To protect human health and to bring the site into a state that represents an acceptable risk to end-users. 7. The vehicular access onto Springfield Road, including visibility splays of 2.4 x 45 metres, shall be provided in accordance with Drawing No 08 bearing the date stamp 12 February 2016, prior to the commencement of any other development hereby permitted. 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.