Meeting Pack. Derry City and Strabane District Council

Transcription

1 Meeting Pack Derry City and Strabane District Council Dear Member of Planning Committee You are hereby summoned to attend a Special Meeting of the Planning Committee to be held in the Chamber, Council Offices, Strabane on Wednesday 20 December 2017 at 2.00pm. Yours faithfully John Kelpie Chief Executive AGENDA 1 Notice and Summons of Meeting 2 Member Attendance and Apologies 3 Declarations of Member's Interests Open for Decision 4 Chairperson's Business 5 Planning Application List with Recommendation for Decision (Pages 1-106)

2 This page is intentionally left blank

3 Agenda Item 5 Title of Report: Item 5 - Planning Applications Open for Decision Officer Presenting: Planning Case Officers Author: Planning Case Officers 1 Purpose of Report/Recommendations 1.1 To present to Members, planning applications for decision. 2 Background 2.1 Following the transfer of Planning to Local Government on 1 st April 2015, the Planning Committee will now decide on applications presented by Council's Planning Officers. 3 Key Issues 3.1 Summary of applications presented to Committee: NEW APPLICATIONS: 1. A/2014/0495/F Construction of manager s dwelling and 6 No cottage style apartments in 2 No blocks with associated landscape works to provide tourism based fishing end use on the site, under PPS 16 on lands opposite 52 Lismacarol Road/Glenshane Road, Crossballycormick, Londonderry Recommendation: Approve Page 1

4 2. A/2006/0441/O Site for residential development to include: mix of house types, local community facilities, open space, pedestrian and vehicular access, primary school, drainage and other infrastructure on lands west of Buncrana Road between Whitehouse Road and Benview Estate, Coshquin (identified as H2 Zone in Derry Area Plan 2011) Recommendation: Approve 4 Financial, Equality, Legal, HR, Improvement and other Implications 4.1 There are no additional costs associated with the proposed recommendations, however, Members are reminded that the protocol for Planning Committee procedures and the Code of Conduct for Councillors must be adhered to at all times to avoid risk of legal challenge and potential financial costs implications. 5 Recommendations 5.1 That Members consider and agree with the recommendations proposed. Background Papers Planning Report A/2014/0495/F (Appendix 1) Planning Report A/2006/0441/O (Appendix 2) Page 2

5 Appendix 1 Derry City and Strabane District Council Planning Committee Report COMMITTEE DATE: APPLICATION No: APPLICATION TYPE: PROPOSAL: LOCATION: APPLICANT: AGENT: A/2014/0495/F Full Construction of managers dwelling and 6 no cottage style apartments in 2 no blocks with associated landscape works to provide Tourism based "fishing end use" on the site, under PPS 16 Lands opposite 52 Lismacarrol Road/Glenshane Road, Crossballycormick, Londonderry Ms Catherine Deery ASI Architects Ltd ADVERTISEMENT: STATUTORY EXPIRY: RECOMMENDATION: Approve REASON FOR PRESENTATION TO COMMITTEE: The development proposed has more than 5 housing units. All planning application forms, drawings, consultation responses, letters etc. relating to this planning application are available to view on 1. Description of Proposed Development Construction of managers dwelling and 6 no cottage style apartments in 2 no blocks with associated landscape works to provide Tourism based "fishing end use" on the site, under PPS EIA Determination Development falls within category 12 (C) of Schedule 2 of the Planning (Environment Impact Assessment) Regulations (NI) The Council is obliged to under Regulation 10 (1) of these regulations to make a determination as to whether the application is for EIA development. The Council has determined as such that the planning application does not require to be accompanied by an Environmental Statement. Page 3

6 Appendix 1 3. Site and Surrounding Area The site proposed is an agricultural field which has been included entirely within the red outline of the application. Within the red line identifying the site the proposal includes an access road which runs from the Glenshane Road to the South of the site where it turns to the east to access car parking and the 6 cottage style apartments and the managers dwelling proposed which is located to the north east of the proposed apartments. The cottage style apartments are laid out in two blocks with three two storey apartments located in each block with a planted courtyard area located in the centre as can be seen in the attached layout plan. The proposal then seeks to have car parking and services to the west of this with the managers dwelling proposed located to the north east of the holiday chalets. The proposal when it was originally submitted included path ways leading to the river and 3 fisherman s stands on the river bank allowing access to the river. These however were removed dues to concerns that they would affect the integrity of the River Faughan ASSI/SAC designation. At present there are foundations on the site which relate to two previous approvals for a managers dwelling under Application A/2007/0897/RM and a previous approval for a 6 no self-catering tourism chalets for fisherman approved under A/2007/0895/RM. Both these applications were implemented in time and are therefore a material start on the site which the applicant could move forward with and complete at any time. The new chalets proposal are similar to the previous approval and seeks to locate the 6 self-catering chalets largely on the site of the previous approval with the new application then seeking to move the managers dwelling to the north east of the site further away from the River Faughan. The new proposal also seeks to move the car parking and pathways away from the River Faughan. Views of development will be limited as the site sits below the main public Road (Glenshane Road) and the mature vegetation which is to be retained surrounding the site shields views of the development. Page 4

7 Appendix 1 Site Location Plan Application site and adjoining lands currently Page 5

8 Appendix 1 4. Site Constraints The site is adjacent to the River Faughan and Tributaries SAC/ASSI. The Derry Area Plan 2011 states that the site is within an Area of Constraint on Mineral Developments and is also within an Area of High Scenic Value. 5. Neighbour Notification Report No Neighbours located within 90m of the development proposed. 6. Relevant Site History A/1998/0136/O: Site for managers dwelling- Approval A/1998/0137/O: Site for 6 no self-catering anglers holiday chalets- Approval A/2002/1109/O: Site for managers dwelling Approval A/2002/0937/O: Site for holiday accommodation - 6 No self-catering tourist chalets for fishermen Approval A/2007/0895/RM: Construction of 2no. 1-2 storey buildings comprising 6no. 2 bedroom selfcatering tourist chalets for fishermen and all associated site works Approval A/2007/0897/RM: Construction of 1-2 Storey split level Managers Dwelling and all associated site works - Approval 7. Policy Framework Regional Development Strategy for Northern Ireland 2035 Derry Area Plan 2011 'Strategic Planning Policy Statement for Northern Ireland' (SPPS) - Planning for Sustainable Development Planning Policy Statement 2: Natural Heritage Planning Policy Statement 3: Access, Movement and Parking Planning Policy Statement 15: (Revised) Planning and Flood Risk Planning Policy Statement 16: Tourism Planning Policy Statement 21: Sustainable Development in the Countryside Page 6

9 Appendix 1 8. Consultee Responses Transport NI-No objections subject to conditions and informatives Tourism NI No objection NIEA No objection subject to conditions and informatives Shared Environmental Services- No objection subject to conditions Environmental Health- Have no objections subject to conditions and informatives Northern Ireland Water-No objection subject to informatives. Rivers Agency No objection with informatives provided. 9. Representations Consideration Two representations were received to the proposed development. The objections raised the following issues: Lack of a final EIA screening after one and half years of processing the application EIA screening not available on the planning portal River Faughan Anglers have not provided a letter of support for the current application despite the letter provided by the applicant s consultant and have declined to provide a letter of support on two occasions. River Faughan Anglers do not have a mechanism whereby permits can be issued to those using this accommodation and have never been approached by the agent or applicant to explain how the facility would operate. Objector would like a copy of EIA determination for application A/2007/0895/RM 10. Planning Assessment and Other Material Considerations 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. This proposal has been assessed against the provisions of the Derry Area Plan 2011, as well as other material considerations including 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 16 Tourism, PPS 21 Sustainable Development in the Countryside and relevant planning history, as well as the representations received. The proposal is for Construction of managers dwelling and 6 no cottage style apartments in 2 no blocks with associated landscape works to provide Tourism based "fishing enduse" on the site, under PPS 16 Page 7

10 Appendix 1 Site layout. Managers Dwelling Proposed Page 8

11 Appendix 1 Holiday Chalets Proposed Holiday Chalets Proposed Page 9

12 Appendix 1 Derry Area Plan 2011 The site is located outside the development limits of Derry as defined in the development limits of Derry Area Plan The site is identified as being within an Area of High Scenic Value (AoHSV) and therefore Policy ENV 1 of the DAP 2011 is a material consideration in this application. Policy ENV 1- States that proposals for development which would adversely affect or change either the quality or character of the landscape within the AoHSV will not normally be permitted. The proposal in its present form is to essentially replace the existing development approved and started onsite. The proposal will not alter the existing established character and will have no significant visual impact given the limited views of the proposal at this location. 'Strategic Planning Policy Statement for Northern Ireland' - Planning for Sustainable Development (known as SPPS) 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 The impact of the proposal on the surrounding land uses and buildings has been considered. The proposal seeks to develop 6 self catering holiday chalets with a managers dwelling on the site of a similar scheme already approved and commenced. The development as proposed will not impact on the amenity of any adjacent land uses. Page 10

13 Appendix 1 Overall it is considered that the proposal will not cause any demonstrable harm to the neighbouring land uses and therefore is compliant with this aspect of the SPPS. Planning Policy Statement 16: Tourism: TSM5 states that Planning Approval will be granted for self catering units of tourist accommodation in in a number of circumstances with the first criteria being that all units are located within the grounds of an existing or approved hotel, self-catering complex, guest house or holiday park. The proposal under consideration with this application is located within the site of a previous approval for a managers dwelling A/2007/0897/RM and 6 self catering chalet style apartments A/2007/0895/RM; both of which were implemented onsite before the applications expired. Therefore there is a live approval onsite which the land owner could proceed to development at any point which satisfies the criteria set out in this policy. The policy also goes on to state that self catering development must be subsidiary in scale and ancillary to the primary tourism use of the site. The tourism accommodation approved on site and now proposed in the current application is for self catering chalets marketed for fisherman seeking to fish the nearby River Faughan. The development itself seeking to largely replace the approved development onsite with the proposed chalets largely located over the footprint of the approved chalets and the managers dwelling located to the north east of the site with the proposal not creating a significantly greater visual impact than the development previously approved on the site. The proposal therefore complies with the policy requirements. The policy also states that all permissions for self catering accommodation will be conditioned requiring the units proposed to be used for holiday letting accommodation only and not for permanent residential accommodation. The proposal therefore complies with the policy requirements of PPS 16. Planning Policy Statement 21: Sustainable Development in the Countryside There are a range of types of development which in principle are considered to be acceptable in the countryside and that will contribute to the aims of sustainable development. PPS16 has Page 11

14 Appendix 1 superseded the TOU Policies of a Planning Strategy for Rural Northern Ireland. The proposal complies with TSM5 of PPS16 and therefore meets CTY1 of PPS 21. CTY 1 of PPS 21 goes on to state that all proposals for development in the countryside must be sited and designed to integrate sympathetically with their surroundings and to meet other planning and environmental considerations including those for drainage, access and road safety. Access arrangements must be in accordance with the Department s published guidance. In consideration of this proposal, Policies CTY 13 and CTY 14 of PPS 21 also apply. In accordance with the SPPS a greater level of emphasis is placed on integration than that set down in CTY 13. In terms of integration, the views of the application site are limited as the site is located at a lower level than the main Glenshane Road with vegetation along the roadside verge shielding views into the site. The main views will be limited to locally when entering the site from the main road with views further limited through the addition of planting along the north of the chalets and managers dwelling providing a new boundary within the site. This site therefore is considered to be compliant with Policy CTY 13 in terms of integration. In terms of rural character, the policy provisions of CTY 14 are considered. As detailed above, the proposal is for 6 chalets and a managers dwelling on the site of a live approval for a similar scheme approved under Applications A/2007/0897/RM and A/2007/0895/RM. The current proposal seeks to build the chalets proposed largely on the site of the previous approval with the applicant seeking to move the managers dwelling to the north east of the site. The development proposed on this site would not appear unduly prominent in the landscape due to the existing mature vegetation surrounding the site and the fact that the development proposed is located below the level of the public road limiting views of the development therefore it is compliant with part (a). The development is proposed on the site of a previous approval for a mangers dwellings and holiday chalets which has been implemented onsite and seeks to replace these. As discussed the proposal seeks to build the holiday chalets largely over the footprint of the approved chalets therefore there will be no build-up of development at this part of the site. The applicant then seeks to move the mangers dwelling to the north east of the site away from its original location. It is proposed to seek the removal of the foundations of the existing managers dwelling through condition prior to commencement of works for the proposed managers dwelling at its new location to ensure there is no build-up of development on the site. The proposal therefore complies with criteria b. Page 12

15 Appendix 1 The design and layout of the proposal is similar to the current approval and pattern of development onsite. The proposal seeks to provide two blocks of apartments/chalets with the Mangers dwelling located to the north east which complies with criteria c. The development proposed does not add to or create a ribbon of development and the ancillary works do not damage the rural character therefore the proposal complies with criteria d and e of the policy. I would be of the opinion that the proposal complies with the policy requirements CTY 1, CTY 13 and CTY 14 of PPS 21 Planning Policy Statement 2: Natural Heritage The proposal has been considered in relation to the potential impact on protected habitats and species as the site is adjacent to the River Faughan ASSI/SAC. In consultation with NIEA and SES it has been established that there is potential risk of pollution during construction period and during routine maintenance. However the applicant has submitted a preliminary construction management statement and maintenance statement outlining on how they propose to mitigate against any potential pollution. SES and NIEA have advised that subject to conditions implementing the above plans they are content that there will be no adverse impact on the protected habitats or species. Planning Policy Statement 3: Access, movement and parking Transport NI have indicated that they have no objections to the proposal and are content that the proposal is in compliance with the policies within PPS Conclusion and Recommendation Having considered all material considerations, including the development plan, relevant planning policies, surrounding planning history, third party representations, consultations etc. I would recommend that the Planning Committee gives consideration to my professional report and recommendation to approve planning permission for the proposed development. Page 13

16 Appendix 1 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. No further development herby permitted shall commence onsite until the foundations within the area shaded blue on approved drawing 04 date stamped 6 October 2014 have been removed and confirmed in writing by the Council. Reason: To ensure no build-up of development on the site. 3. The vehicular access, including visibility splays and any forward sight Distance of 4.5 x 2015, shall be provided in accordance with Drawing No. 06 (Rev. 1) bearing the date stamp 7 th August 2015, 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. 4. The gradient of the access road shall not exceed 4% (1 in 25) over the first 10m outside the road boundary. Where the vehicular access crosses a 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. 5. A final Construction Environmental Management Plan must be submitted to Derry and Strabane District Council by the appointed contractor prior to any further works commencing onsite. This shall reflect all the mitigation and avoidance measures to be employed as outlined in the Construction Environmental Management Plan (02/05/2017) and all additional information submitted. The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details, unless otherwise agreed in writing by the local authority. Reason: To protect the integrity of the River Faughan Special Area of Conservation (SAC) 6. A suitable buffer of at least 10m must be maintained between the location of refuelling, storage of oil/fuel, concrete mixing and washing areas and the boundary of the River Faughan and Tributaries SAC Reason: To protect the integrity of the River Faughan Special Area of Conservation (SAC) Page 14

17 Appendix 1 7. All in river works and works adjacent to the river must be carried out outside the atlantic salmon spawning season (31 st October to 31 st March) Reason: To protect the spawning salmon. 8. A closed landfill site at 163 Glenshane Road which is regulated under a waste Management License by NIEA shares a boundary with the proposed residential development site. Prior to commencement, EHD would advise the applicant to undertake a ground gas assessment to establish whether there is any ground gas present on the proposed development site. This assessment should be carried out in accordance with CIRIA C665 Assessing risks posed by hazardous gases to buildings (July 2007) Reason: To ensure the land used for residential purposes does not present a risk to human health. Page 15

18 This page is intentionally left blank

19 Derry City and Strabane District Council Planning Committee Report COMMITTEE DATE: 20 th December 2017 APPLICATION No: APPLICATION TYPE: PROPOSAL: LOCATION: APPLICANT: AGENT: A/2006/0441/O Outline Planning Application Site for residential development to include: mix of house types, local community facilities, open space, pedestrian and vehicular access, primary school, drainage and other infrastructure Land West of Buncrana Road between Whitehouse Road and Benview Estate Coshquin (identified As H2 Zone in Derry Area Plan 2011) Coredale Management Limited Pragma Planning and Dev Consultants LTD ADVERTISEMENT: 6 th June 2017 READVERTISEMENT: 3rd October 2017 STATUTORY EXPIRY: 4 th July 2017 STATUTORY EXPIRY: 1st November 2017 RECOMMENDATION: Approval REASON FOR PRESENTATION TO COMMITTEE: Major Housing development, with 5 or more objections All planning application forms, drawings, letters etc. relating to this planning application are available to view on See attached Appendix 3 & 4 map atlas for Members convenience. 1. Description of Proposed Development The application is for a residential development to include: mix of house types, local community facilities, open space, pedestrian and vehicular access, primary school, drainage and other infrastructure. The development is made up of a number of elements including; The housing development: the entire zoning could accommodate up to 3500 homes. This planning application is for part of the H2 zoning and consists of Phase 1 which will accommodate up to 1650 homes and Phase 2 will accommodate up to 1850 homes. The Page 17

20 remaining land within the zoning is not part of this application proposal, it is third party land, however, the CMP does demonstrate how this land could be comprehensively developed as part of the entire zoning. Access Roads Cycle/pedestrian routes Open space; both strategic and local within the individual housing areas Church Primary school Retailing in the form of local shopping Crèche/day care facility The spine road network and associated infrastructure Earthworks associated with the above The proposal is based on principles of sustainable urbanism which include; Urban blocks that front onto streets A movement pattern that prioritises walking, cycling and public transport Public open space that is well located and distributed throughout the development A centrally located High Street containing a range of land uses Primary school and nursery school The Concept Master Plan for the site shows two options for a roundabout to serve the H2 zoning. These are shown on the CMP below. Roundabout option 1 is located outside of the application site; option 2 is as identified in the Derry Area Plan. See detailed consideration of both options later in this report. Page 18

21 Site Concept Plan Option A (roundabout located outside of the application site) Page 19

22 Site Concept Master Plan Option B (roundabout shown as is identified in the Derry Area Plan) Page 20

23 2. EIA Determination The application was received on 10 th May 2006 and was accompanied by an Environmental Statement. Since the application and EIA were submitted, a number of changes have taken place and the original Concept Master Plan has been revised, therefore this necessitated a comprehensive review of the EIA. A new updated Environmental Statement was then submitted on 17 th May 2017 along with a revised CMP for the site, and further addendum to the EIA was received on 21 st September The original Environmental Statement (ES), Revised Environmental Statement and addendum considered whether there were likely to be significant environmental effects in relation to the following aspects; The effect on population, in particular socio-economic effects Ecology Landscape including the historic estate landscape and Visual Impact Trees Archaeology Listed buildings Water and flooding Soil including the removal of top soil Air quality Climate Noise Traffic and transportation Vibration Lighting Heat Radiation Cultural Heritage Soil and water contamination The conclusions of the Environmental Impact Screening (EIS) formed the baseline for designing the proposal; and recommended mitigation measures were incorporated into the Comprehensive Master Plan (CMP). In summary the elements of mitigation that influenced the CMP were ecology; soils and water; landscape and visual and Noise. Given the lapse of time since the original application was submitted, a screening process was carried out which concluded that a number of the aspects of the EIA should be revisited and the following formed part of the updated/revised ES received in May 2017; Page 21

24 population; ecology; landscape and visual; Cultural heritage - archaeology; air quality; soils and water; noise; drainage and transportation. Mitigation measures were put forward as part of the Environmental Impact Statement and consultations sent to all relevant consultees for comment. See consultations responses in section 8 later in this report. It was considered that the implementation of mitigation measures would mean that the significant and potential effects of the development proposal can be mitigated. Shared Environmental Services, our environmental advisors, have considered the potential impact of this proposal on European Sites, in light of the assessment requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc) Regulations (Northern Ireland) 1995 (as amended). Having considered the nature, scale, and location of the project it is concluded that, provided the mitigation is conditioned in any planning approval, the proposal will not have an adverse effect on site integrity of any European site. See conditions section later in this report. Page 22

25 3. Site and Surrounding Area Site location plan of application site within H2 Zoning The proposed site is located on zoned Housing Land H2 Buncrana Road West as defined in the Derry Area Plan The application site does not include all of the zoned lands however the Comprehensive Master Plan (CMP) illustrates how the entire zoning could potentially be developed. The entire H2 zoning is an area of approx ha located to the west of Buncrana Road and is Page 23

26 bounded by existing residential development at Ballymagroarty and White House Park, Maple Road to the north and the City Development Limit to the west. Entire H2 Zoning as defined in Derry Area Plan the application site is for the partial development of these lands The land at the Buncrana Road frontage is relatively flat and low lying, part of it is within a floodplain. The site levels then change relatively quickly where an escarpment rises and there are a series of ridges at this low point on the site where the land rises steeply. A line of trees along the escarpment provides a feature on the site. Beyond this the slopes gently rise to the highest point around an existing farm which is at the edge of the development limit. The southern boundary of the site is formed by a glen with steep sided slopes and woodland along the line of a stream/river. To the north-west a tree lined small glen runs south west through the centre of the zoning from Coshquin Road. This glen cuts through the escarpment and has formed a steep wooded valley. Both of these streams run to the marshy low lying ground on Buncrana Road before passing under Buncrana Road to the Skeoge River. Three roads run through the zoned lands; Coshquin Road runs parallel to Buncrana Road; Whitehouse Road runs from Buncrana Road south west and forms a principle element in the southern part of the zone. Maple Road runs roughly parallel to Whitehouse Road further north and forms the north-west boundary of the zoning. Page 24

27 Appendix 2 The remainder of the sites features consists mainly of open fields subdivided by low hedges which slope gently downwards from west to east towards Coshquin Road and the Buncrana Road. Apart from the small concentrations of mature trees screening several dwellings dispersed throughout the site, there is little other vegetation. The site is accessed off Buncrana Road, from the existing roundabout at the Skeoge Link. The Area Plan states that the H2 lands should be accessed by 2 roundabouts. The developer in the CMP has provided two alternative options for the second roundabout to serve the site. One out of the two options to serve the land will be provided by the developer at a certain trigger point and this will be an obligation in the associated Section 76 Legal Agreement and Article 122 Agreements. Application site in the context of existing developments in the area. The wider area has a mix of uses, including local shops, residential housing, nearby schools and a leisure centre on Buncrana Road. Page 25

28 4. Site Constraints Part of the site is within a Floodplain, which has been excluded from any proposed development and forms part of the open space within the site. River Agency has assessed the potential impacts on flooding and drainage, see assessment of PPS 15 in section 10 later in this report. There is a Listed Building on the site, known as Derryowen. See assessment of PPS 6 in section 10 later in this report. Archaeology - application site is located close to a number of known archaeological monuments and contains two sites included within the Industrial Heritage Record (IHR 1581 and 1582). See assessment of PPS 6 in section 10 later in this report. 5. Neighbour Notification Report All relevant neighbours have been notified on the application. Reference Number Neighbour Address Date Neighbour Notified 1 A/2006/0441/O 42 Coshquin Road,Londonderry 05/12/ A/2006/0441/O 13 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 14 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 15 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 16 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 17 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 18 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 35 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 36 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 37 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 38 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 39 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 40 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 15 A/2006/0441/O 16 A/2006/0441/O 17 A/2006/0441/O 18 A/2006/0441/O 19 A/2006/0441/O 5 Whitehouse Retail Park,Buncrana Road,Londonderry,BT48 8LB 05/12/ Whitehouse Retail Park,Buncrana Road,Londonderry,BT48 8LB 05/12/ Whitehouse Retail Park,Buncrana Road,Londonderry,BT48 8LB 05/12/ Whitehouse Retail Park,Buncrana Road,Londonderry,BT48 8LB 05/12/ Whitehouse Retail Park,Buncrana Road,Londonderry,BT48 8LB 05/12/ Whitehouse Retail Park,Buncrana, Road, Derry, BT48 8LB 05/12/ A/2006/0441/O 10 Maple Road,Coshquin,Londonderry,BT48 0NH 05/12/2017 Page 26

29 21 A/2006/0441/O 8a,Maple Road,Coshquin,Londonderry,BT48 0NH 05/12/ A/2006/0441/O 8 Maple Road,Coshquin,Londonderry,BT48 0NH 05/12/ A/2006/0441/O 43 Coshquin Road,Coshquin,Londonderry,BT48 0NF 05/12/ A/2006/0441/O 7 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 8 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 10 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 9 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 11 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 12 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 41 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 42 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 43 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 44 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 57 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 58 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 59 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 60 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 61 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 62 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 63 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 56 Benview Estate,Coshquin,Coshquin,BT48 0NQ 05/12/ A/2006/0441/O 43 A/2006/0441/O 44 A/2006/0441/O 45 A/2006/0441/O 46 A/2006/0441/O 47 A/2006/0441/O 48 A/2006/0441/O 49 A/2006/0441/O 50 A/2006/0441/O 51 A/2006/0441/O 52 A/2006/0441/O 53 A/2006/0441/O 54 A/2006/0441/O 55 A/2006/0441/O 56 A/2006/0441/O 65a,Buncrana Road,Whitehouse,Londonderry,BT48 8LB 05/12/ Temple Court,Whitehouse,Londonderry,BT48 8DR 05/12/ Temple Court,Whitehouse,Londonderry,BT48 8DR 05/12/ Temple Court,Whitehouse,Londonderry,BT48 8DR 05/12/ Temple Court,Whitehouse,Londonderry,BT48 8DR 05/12/ Temple Court,Whitehouse,Londonderry,BT48 8DR 05/12/ Temple Court,Whitehouse,Londonderry,BT48 8DR 05/12/ Temple Court,Whitehouse,Londonderry,BT48 8DR 05/12/ Temple Court,Whitehouse,Londonderry,BT48 8DR 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QD 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QD 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QD 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QA 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QA 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QA 05/12/2017 Page 27

30 57 A/2006/0441/O 58 A/2006/0441/O 59 A/2006/0441/O 60 A/2006/0441/O 61 A/2006/0441/O 62 A/2006/0441/O 63 A/2006/0441/O 64 A/2006/0441/O 65 A/2006/0441/O 66 A/2006/0441/O 67 A/2006/0441/O 68 A/2006/0441/O 69 A/2006/0441/O 70 A/2006/0441/O 71 A/2006/0441/O 72 A/2006/0441/O 73 A/2006/0441/O 74 A/2006/0441/O 75 A/2006/0441/O 76 A/2006/0441/O 77 A/2006/0441/O 78 A/2006/0441/O 79 A/2006/0441/O 80 A/2006/0441/O 81 A/2006/0441/O 82 A/2006/0441/O 83 A/2006/0441/O 84 A/2006/0441/O 60 Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QA 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QA 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QA 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QA 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QA 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QA 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QA 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QA 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QA 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QA 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QA 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QD 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QD 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QD 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QD 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QD 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QD 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QA 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QA 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QA 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QA 05/12/ Whitehouse Road,Whitehouse,Londonderry,BT48 0NE 05/12/ Whitehouse Road,Whitehouse,Londonderry,BT48 0NE 05/12/ Coshquin Road,Ballymagrorty,Londonderry,BT48 0ND 05/12/ Coshquin Road,Ballymagrorty,Londonderry,BT48 0ND 05/12/ Coshquin Road,Ballymagrorty,Londonderry,BT48 0ND 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QA 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QA 05/12/2017 Page 28

31 85 A/2006/0441/O 86 A/2006/0441/O 87 A/2006/0441/O 88 A/2006/0441/O 89 A/2006/0441/O 90 A/2006/0441/O 91 A/2006/0441/O 92 A/2006/0441/O 93 A/2006/0441/O 94 A/2006/0441/O 95 A/2006/0441/O 96 A/2006/0441/O 97 A/2006/0441/O 98 A/2006/0441/O 99 A/2006/0441/O 100 A/2006/0441/O 78 Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QA 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QA 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QA 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QA 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QA 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QA 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QA 05/12/ Whitehouse Park,Ballymagrorty,Londonderry,BT48 0QA 05/12/ Whitehouse Road,Whitehouse,Londonderry,BT48 0NE 05/12/ Whitehouse Road,Ballymagrorty,Londonderry,BT48 0NE 05/12/ Harty Court,Ballymagrorty,Londonderry,BT48 0JR 05/12/ Harty Court,Ballymagrorty,Londonderry,BT48 0JR 05/12/ Harty Court,Ballymagrorty,Londonderry,BT48 0JR 05/12/ Harty Court,Ballymagrorty,Londonderry,BT48 0JR 05/12/ &17,Harty Court,Ballymagrorty,Londonderry,BT48 0JR 05/12/ Harty Court,Ballymagrorty,Londonderry,BT48 0JR 05/12/ Relevant Site History A/2005/1301/F -Development of Spine Road Network at Land West of Buncrana Road between Whitehouse Road and Benview Estate Coshquin (identified As H2 Zone in Derry Area Plan 2011). This is a full application for the entire Spine Road / Local Distributor Road associated with the current outline application. The application is under consideration. A/2011/0453/O Residential Development, with access onto Whitehouse Road, but with potential for future connectivity into remainder of H2 Zoned Land (Derry Area Plan 2011) lands located immediately West of the junction between Buncrana Road and Whitehouse Road Derry With frontages onto Buncrana Road and Whitehouse Road opposite entrance to Whitehouse Park. This application was for part of the H2 zoning, and the concept is for approx. 25 dwellings. The application was refused by DOE on 31 st July 2012 as it constituted piecemeal development of the H2 zoning. The application was then approved by the Planning Appeals Commission subject to the Page 29

32 developer entering into a S76 Legal Agreement to ensure the site could be developed taking into the wider H2 zoning including Buncrana Road widening, linkages into the remaining H2 zoning, landscaping and open space and public transport. The Legal Agreement was signed in December Policy Framework RDS 2035 Policy RG8: Manage housing growth to achieve sustainable patterns of residential development. Derry Area Plan The site is located on part of zoned housing land H2 as identified in the Area Plan. The principle of housing on these lands is therefore acceptable. The plan addresses and makes provision for the key elements of the H2 zone, while allowing sufficient flexibility for the proposals to develop in a natural manner. Policy H1 Zoned Housing land - deals with housing design and layout and states that: High standards of design and layout is required in all new housing developments and will have regard to the following: the scale and density of new development should respect the location and characteristics of the sites such as topography, landscape features and the character of surrounding development; the layout should contribute to townscape and respect the residential amenity of both existing and prospective occupiers. house type and design; landscaping proposals should include the retention of significant existing mature trees and vegetation worthy of protection and provide appropriate planting and boundary treatments. the provision of satisfactory arrangements for access, roads layout, pedestrian and cycle linkages, car parking, sewerage and drainage; the provision of open space; the Quality Initiative; Proposals for housing development must be consistent with the principles of the Quality Initiative. Major zonings will be approached comprehensively and, where appropriate, will be subject to the preparation of an agreed Concept Master Plan. Policy H2 Open Space Provision in New Housing Areas - requires the provision of open space as an integral element of residential developments. The policy advises that open space be designed into development schemes at an early stage and commits to ensuring its long term management and maintenance (see policy R3 below). Page 30

33 Policy COM 1 New Local Centres - the plan sets out a hierarchy of retail and service provision from the city centre, through district centres to local centres. Plan proposal COM 1 puts forward the development of 2 local centres within the H2 zone and makes provision for these to include community and other uses compatible with the new neighbourhoods. Proposal CF 1 Land for Community Facilities - (paragraph 9.9) states the likelihood of additional primary school facilities are likely to be required along the Buncrana Road axis where growth is anticipated. Policy R3 Open Space Provision in new Housing Areas - policy R3 requires manageable areas of open space to provide informal recreation and play to be provided within housing developments. Policy includes ongoing management and maintenance aspects that include the use of planning agreements to guarantee the open space and future maintenance of all areas of open space. Public Utilities Infrastructure Costs- Par states that: 'It is Government Policy to require developers to bear all or part of additional infrastructure costs to enable development to take place..... Transportation, policies TR1, TR2 and TR3 seek to promote public transport and cycle provision in the city generally, including their integration into new housing developments Appendix 7 of the Plan sets out additional information on zoning H2: This particular area has few significant natural features with the exception of a small portion of land to the south of Whitehouse Road which falls southwards towards a heavily treed valley. Most of the site consists mainly of open fields subdivided by low hedgerows which slope gently downwards from west to east towards the Coshquin Road and the Buncrana Road beyond. Apart from small concentrations of mature trees screening several dwellings dispersed throughout the site, there is little existing vegetation. Additional landscaping as appropriate will be required to integrate future housing. It is important to ensure that adequate open space is made available. Land has not been specifically zoned for this purpose so as not to restrict unduly the design of future housing layouts, however, provision of open space should be incorporated within the overall scheme at an early stage in the design process. While a density range of dwellings per hectare is considered suitable, development should respect existing slopes and contours. Page 31

34 These lands should be accessed by 2 roundabouts on the Buncrana Road with a local distributor road linking the roundabouts (as indicated on the Area Plan map earlier in this report). The existing Coshquin Road could be connected into this new road at various locations. The Whitehouse Road north and south of Coshquin Road would need to be upgraded to serve the land to the south and connected to the local road network. The road layout shown is indicative of what will be required. The exact alignment and solution to the access to all of the lands will be a matter for developers who will have to demonstrate that access to other adjoining development land has been safeguarded. 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 planning policies for the protection and conservation of archaeological remains and features of built heritage. PPS 7 Quality Residential Environments - The 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 Policy QD 2 requires applications which are for more than 300 dwellings or 15 hectares in size to be accompanied by a Concept Master Plan (CMP) for the site. Planning Policy Statement 8: Open Space, Sport and Outdoor Recreation - Sets out the policies for the protection of open space, the provision of new areas of open space in association with residential development. PPS 12 Housing in Settlements The policy guidance in this statement applies to all residential development proposals within cities, towns, villages and small settlements in Northern Ireland, including the push for sustainable development in the choice of housing land. Page 32

35 PPS 15 Planning and Flood Risk sets out the Planning policies to minimise and manage flood risk. Creating Places/Living Places this is guidance to aid designers in creating quality residential developments. 8. Consultee Responses Loughs Agency has no objection to the proposal subject to conditions relating to storm water discharge and an earth works management plan. See conditions section later in this report. Northern Ireland Electricity Networks no objection subject to informatives advising the developer that there is overhead lines within the site, and these lines may service both the immediate and wider areas, it is NIE Networks view that these lines are presently required to remain. The development should take into account the position of the lines and networks and maintain clearance during construction. NIE Networks may require the applicant to apply for an alteration to the existing electricity network to ensure that safety clearances are not infringed upon. In addition, the development must also take into account the scope for interference with NIE Networks radio telecommunication equipment. NIEA Natural Environment Division NED has considered the Environmental Statement and Addendum to the Environmental statement and its contents. NED advise that none of the buildings within the application site have bat roost potential apart from building complex B3 which is shown as retained on the Landscape Master Plan Options A and B. As these building are being retained no further bat surveys of these buildings are required at this stage however, if this changes at Reserved Matters stage then further bat surveys will be required. NED note that badgers are using the site but that no setts have been found. No otter holts have been found. NED notes that Japanese knotweed has been identified on site. The applicant s attention should be drawn to advice by way of an informative on any decision in relation to this species. The developer should note that further species surveys may be required at reserved matters if significant time has lapsed or if there are changes to the outline scheme. Conditions have been provided by NED relating to the retention of building B3 as shown on Landscape Master Plan Option A and B, and a condition is required for each reserved matters application that Page 33

36 updated landscaping plans are required showing native species planting and hedgerows retained where possible. See conditions section later in this report. River Agency has considered the Drainage Assessment as set out in chapter 12 of the Environmental Statement. As the principle of development is acceptable, a condition can be imposed requiring further drainage assessments to be submitted for each reserved matters application. See conditions section later in this report. It should also be noted that it was raised by an objector that this site flooded after the recent flood even in August. Rivers agency were re-consulted on this objection and has no concerns as the part of the site that flooded is floodplain and retained as open space within the CMP. NIEA Water Management Unit - Water Management Unit has considered the potential impacts of the proposed development on the water environment and on the basis of the information provided is content subject to conditions and compliance with Planning Policy Statement 15. NIEA Regulation Unit has considered the Environmental Statement (ES) which includes Preliminary and Generic Quantitative Risk Assessments (PRA and GQRA). The GQRA is informed by intrusive site data which identified there will be no unacceptable risks to environmental receptors. Regulation Unit (RU) (Land and Groundwater Team) therefore has no objections to the development provided conditions and informatives are placed on any planning decision notice. See conditions section later in this report. Historic Environment Division Protecting Historic Monuments - Historic Environment Division: Historic Monuments (HED: HM) has considered the Environmental Statement and addendum and the impacts of the proposal. HED: HM is content that the proposal satisfies PPS 6 policy requirements, subject to conditions for the agreement and implementation of a developer-funded programme of archaeological works. This is to identify and record any archaeological remains in advance of new construction, or to provide for their preservation in situ, as per Policy BH 4 of PPS 6. Historic Environment Division Protecting Historic Listed - The revised CMP received 5 th December 2017 addresses HED concerns regarding protecting the Listed Derryowen Building and its setting, which is outside of the application site. HED has provided a condition requesting that at detailed design stage the developer will be required to demonstrate how the development complies with PPS 6 and detailed design proposals shall be submitted at reserved matters stage. Page 34

37 NI Water - Public water supply and foul sewer are located within 20m of the proposal. There is no surface water sewer available. Waste Water Treatment facilities are currently available. Standard informatives provided. Environmental Health Service has considered chapter 7 of the Environmental Statement which contained a contaminated Land Assessment. This included Preliminary and Generic Quantitative Risk Assessments. The report identified three small sources of contamination from an off-site fuel depot; a former on-site flax kiln and abandoned on-site farm building. Conditions have been provided from EHS in the event contamination is encountered on site. Further assessment of contamination would be required relating to the event that the fuel storage depot on Maple Road is developed, which is outside the application site; when this land is developed. EHS has also reviewed the Transport and Air Quality report, Chapter 9 of the Environmental Statement (ES). The Assessment is based on a concept layout for the scheme and noise impact is predicted across the site, particularly properties directly adjacent to the Buncrana Road. It is stated that it will be necessary to conduct a further detailed noise assessment when the final property positions have been decided at a later stage. It is suggested that, with appropriate mitigation, suitable internal levels can be provided in all properties. Maximum Permissible Construction Noise Levels are also suggested with recommended mitigation. The report has not taken account of the existing coal and oil storage yard bordering the site at Maple Road. This is a working yard with HGV activities and the loading and unloading of vehicles. To take account of this and other uncertainties in relation to noise for the site, the EHS would advise that a condition is attached to any planning approval. However, as this site is outside the red line of this application it will be dealt with through potential further applications. The EHS has reviewed the Transport and Air Quality report, Chapter 9 of the Environmental Statement (ES). The report acknowledges the potential for H2 generated traffic to travel along the Lower Buncrana Road and pass through the existing Air Quality Management Area (AQMA) at the junction of Buncrana Road and Racecourse Road. EHS recommend that an Air Quality Impact Assessment is undertaken to quantify the local effects of the additional traffic emanating from the H2 development and also the effects on the existing AQMA at Buncrana Road/Racecourse Road. EHS has been liaising with the developer and agent regarding the scope for the air quality impact assessment to be undertaken. To more accurately take account of changes in air quality modelling inputs such as background pollutant levels, traffic fleet factors, sustainable travel initiatives etc over Page 35

38 the long period of construction, it is recommended that a condition be imposed that air quality impact assessment shall be undertaken at each reserved matters application. See conditions section later in this report. EHS also advise that a Noise and Dust Construction Management Plan is required; to include details of mitigation measures to be implemented during the construction phase of development to control noise and dust impact upon residential amenity. See condition section later in this report. DFI Roads has considered the CMP and Environmental Statements and addendum thereof. The developer is required to enter into an Article 122 Agreement with DFI which will accompany and sit along side the Section 76 Legal Agreements. DFI roads has no objection to the principle of the Spine Road / Local Distributor, the detailed design of which is required to be built to the standards as set out in Creating Places. Public transport is being provided for within the zoning which will be phased. A second roundabout option is required to serve the H2 zoning which will be provided by the developer, and its location and details are to be agreed with DFI. Coshquin Road is required to be stopped up and abandoned and Whitehouse Road is required to be stopped up and then incorporated into the Spine Road; which will have to legislated for through a Stopping Up/Abandonment Order. DFI Roads has no objection to the principle of this development subject to conditions set out later in this report. Shared Environmental Services The submitted EIA for this outline application was reviewed and SES is content that sufficient detail has been provided in the Environmental Statement to allow a Habitats Regulations Assessment (HRA) to be completed on the potential impacts from the proposal on Lough Swilly SPA/SAC. This planning application was considered in light of the assessment requirements of Regulation 43 (1) of the Conservation (Natural Habitats, etc) Regulations (Northern Ireland) 1995 (as amended) by Shared Environmental Service on behalf of Derry City and Strabane District Council which is the competent authority responsible for authorising the project and any assessment of it required by the Regulations. Having considered the nature, scale, and location of the project it is concluded that, provided that mitigation is conditioned in any planning approval, the proposal will not have an adverse effect on site integrity of any European site. See conditions section later in this report. Page 36

39 Department of Education and Western Education and Library Board were both consulted on the application, however at the time of preparing this report no responses have formally been received. A site has been left available within the CMP for a potential primary school and nursery school. The transfer of these lands to the education authority is addressed with in the S76 Legal Agreement and can be dealt with through this mechanism. Donegal County Council (DCC) Members should note that consultation has been sent to Donegal County Council given the site proximity to the neighbouring county. DCC has treated this consultation as a Transboundary Application, and they are therefore required to advertise the application and the ES in their papers and to carry out consultation to their internal and statutory bodies. Their 5 week statutory period for making of submissions ends on the 20 th December. DCC has advised they will prioritise their response which will be sent to officials after the 20 th December. It is not anticipated that any issues will arise, however should Donegal County Council raise any concerns, then this application could be returned to Planning Committee for further consideration. 9. Representations The following is a consideration of the letters of comment and objection received on the application. A total of 8 representations were received, 5 of which were objections and three were noncommittal or letters seeking clarification/advice. The issues raised in the representations are set out below; Natural Heritage/Wildlife Access to the H1A zoning Access to existing properties within the zoning Obligations for adjoining developments Flooding The following is a brief synopsis and consideration of the issues raised, set out below with the date the representations were submitted; 14/08/2006 The issues raised relate to wildlife, flora and fauna in the area. The letter is referring mostly to the adjoining lands at H1A and the old railway line that runs through the site. The letter does not specifically mention H2. However, extensive consultation had taken place when the application was received with Environment and Heritage Service, and more recently with Northern Ireland Environment Agency, Natural Environment Division (NED). The revised Environmental Statement and addendum have been considered in detail and NED has no objection to the proposal. Page 37

40 The Concept Master Plan has identified the strategic areas of open space including a wildlife corridor along the existing watercourse that runs from west to east through the centre of the site. 16/06/2006 & 27/06/ Two comments were received in relation to the provision of an access into the adjoining H1A lands specifically referring to the Area Plan and that an access to these lands must be safeguarded. One comment is from the landowner and the other is from their legal representative. The proposed CMP shows two options to access H2, neither option will prejudice any access point to H1A, with one of the options providing a roundabout that would be able to serve both zonings. Therefore the proposed CMP has addressed the issue raised. 23/05/2007 & 26/06/2017 Two representations received from a resident who lives within the zoning who believes that the CMP will prejudice an existing access to his business. The new consortium of landowners for the application site have approached the landowner and have advised planning officials the objector is content and they will fully engage with the objector and reserved matters stage. Regardless of this, the CMP allows for an access to the objectors properties, therefore not causing any undue harm to the existing business operations. 22/12/ The objection received is on behalf of an existing landowner within H2 and raised issues with regard to access to their site, the Coshquin Road and the two Buncrana Road Options to access the H2 site. Their suggestion was that the Coshquin road be retained as a distributor road. The proposed CMP shows a linkage from the existing property to a realigned road in lieu of Coshquin Road. This will involve third party lands but this is also being dealt with by obligations in the Section 76 Agreement and Article 122 Legal Agreements. Therefore the objector will still be accorded the right to access the public road system without any prejudice. As a point of clarity the realigned Coshquin Road will not be classed as a distributor road, as the proposed distributor road will move through the main body of the development to provide linkages to the existing Skeoge Link Roundabout and either option 1 or 2 proposed roundabouts which will become the new Distributor roads serving the site. The objection also alludes to the development being piecemeal development. The proposed CMP and Section 76 Agreement provide a holistic approach to developing the site in a fair and equitable way that does not sterilise any landowner nor put them to any unfair disadvantage. Page 38

41 20/03/ The objection received is from a landowner within the H2 zoning but not part of the red line of this application site or the consortium that make up the proposed CMP or Section 76/Article 122 Agreement. As the objectors site is for 5 acres and not part of the wider application, the objection refers to any potential obligations incumbent on the larger application should not be transferred to their site as the size alone for e.g would trigger a 10% open space requirement as opposed to the 15% required for the application site. This issue has been resolved in the intervening years where the objector s site now has its own outline planning approval and Legal Agreement that whilst stand-alone, dovetails with the proposed CMP and Section 76 Agreement. 19/10/2017 A recent objection received refers to the recent flood event which happened in August 2017 which the objector has now claimed that the zoning should be a flood plain post this event. The application has an Environment Statement and a more recent addendum which has addressed the issues around flood risk and drainage. It is acknowledged that part of the application site is within the floodplain, which is being retained as open space within the development. Rivers Agency has no objection to the development. 10. Planning Assessment, including Other Material Considerations 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. This proposal has been assessed against the provisions of the Derry Area Plan, as well as other material considerations including the Regional Development Strategy; the Strategic Planning Policy Statement for Northern Ireland; PPS 15 Planning and Flood Risk; PPS 8 Open Space and Outdoor Recreation; PPS 7 Quality Residential Environments; PPS 6 Planning, Archaeology and the Built Heritage; PPS 3 Access Movement and Parking, PPS 2 Natural Heritage and supplementary guidance in Creating Places and Living Places, as well as consultation responses and representations received. Derry Area Plan 2011 The application site is located on zoned Housing Land H2 as identified in the Derry Area Plan, the principle of housing is therefore acceptable on this site. This proposal meets the policies and proposals as set out in the Area Plan including; H1; H2; COM1; CF1; R3; TR1, 2 and 3. The Strategic Planning Policy Statement for NI (SPPS) Page 39

42 The SPPS supports and strengthens PPS 7. All new housing should demonstrate a high quality of design, layout including road infrastructure considerations and landscaping. Good design contributes to the creation of places to live that are safe and attractive and is also a key element in achieving sustainable development. The SPPS sets out a series of core principles in which it develops the theme of place-making alongside those of improving health and wellbeing and creating and enhancing shared spaces as elements of sustainable development. These three themes interrelate and work together. PPS 7 Quality Residential Environments: Policy QD2 Design Concepts Statements, Concept Master Plans and Comprehensive Planning Page 40

43 Concept Master Plan for H2 Zoning Option A Page 41

44 Concept Master Plan for H2 zoning Option B Policy QD 2 requires a Concept Master Plan for applications involving the development, in part or full, of sites of 15 hectares or more zoned for housing in development plans. Concept Master Plans (CMP s) are required to show how the developer will deliver a quality residential environment. CMP s are required to indicate the comprehensive development of the whole area of the zoned Page 42

45 lands, and in the case of proposals for partial development of a site zoned for housing the CMP is expected to demonstrate how the comprehensive planning of the entire zoned area is to be undertaken. This proposal is for the partial development of the H2 Zoned Housing lands. A CMP has been prepared for the entire zoning which demonstrates how the site could be developed comprehensively. The Concept Master Plan for H2 is a conceptual framework designed to allow the development over a long period, and to facilitate detailed reserved matters or full applications. This will enable statutory bodies, developers, designers and planning officials to make informed decisions at the stages of detailed design. The concept master plan for the site indicates that the land within the application site will be developed in two phases. Phase One of the application site will provide an estimated 1650 dwellings served by an internal route of Local Distributor Road / Spine Road that will accommodate a bus service. Phase one also includes the village centre which consists of the High street and primary school with the potential for a church and other community buildings; and the strategic open space network. Page 43

46 Phasing plan Option A (Phase 1 area is dashed and phase 2 is coloured yellow) Page 44

47 Phasing Plan Option B (Phase 1 is area shaded blue, phase 2 is area shaded yellow) Page 45

48 Phase two of the application site will accommodate up to 1850 dwellings, which includes an allocation to the third party land owner which are not part of this application site. The numbers allocated to each of the land owners is set out in an Equalisation Plan within the CMP. Before Phase two can commence, a second roundabout on Buncrana Road must provide an additional access to the development. The CMP identifies two options for this roundabout, one of which will be completed by the developer at a certain trigger point within the development which will be an obligation within the associated S76 and A122 Legal Agreements. Phase two will also include development of a Town Square, open space and the remainder of the Spine Road / Local Distributor Road. The Distributor Roads in both phases will be designed with distinctive features and landmark spaces to identify the different neighbourhoods that will sub-divide the development, and to aid traffic calming. Tree lined roads will form part of the green network. In phase one, the distributor road edges will be treated as boulevards, creating an urban feel to the higher density parts of the development. Elsewhere, and in phase two, the distributor road edges will be less formal with hedges and grouping of trees to create a more rural feel in the lower density housing areas nearer to the countryside. Existing mature trees, hedgerows and other vegetated areas, including water courses, are to be retained where appropriate and integrated into the detailed design of housing areas. It is important for new homes to be set in a green network of foot and cycle paths that link housing areas with open spaces, the village and local centres, schools and other surrounding facilities. There is also an opportunity to provide the 'gateway' to Derry/Londonderry at the existing roundabout on Buncrana Road. It is envisaged that this gateway will include landmark buildings which could form a high quality, mixed use development encouraging local employment with the provision of live/work units close to the 'gateway' buildings and potentially 'pepper potted' throughout other parts of the housing development. The topography is challenging in places and rises relative to the Buncrana Road. House types should be designed to use the varying elevations on the site, optimising the significant views. Building types should reflect the topography of sites. Page 46

49 The detailed design of the residential neighbourhoods should establish diverse and distinctive characteristics to encourage safety and identity within areas, and to facilitate pedestrian movement. Overall, the residential development should provide a mix of densities and create balanced communities with a clear vision for Place making. The concept Master Plan for the H2 site demonstrates how it is intended to implement the scheme and complies with the requirements of QD 2 of PPS 7. A detailed assessment of the CMP is set out below in the remaining policy considerations; 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) The development respects the surrounding context and is appropriate to the character and topography of the site in terms of layout. Scale, proportions, massing and appearance of buildings will be considered in detail at the design stage during reserved matters applications. The CMP has identified different neighbourhoods and design codes for each of these. Any development will have to be in broad conformity with the CMP. The topography and natural features of the site including the escarpment and trees are retained and incorporated into the open space Landscape Master Plan. Existing streams are retained and protected within the development. b) The impacts on archaeology and the built heritage have been assessed in detail as part of the assessment under PPS 6 as set out later in this report. The Environmental Statement and addendum were accompanied by an Archaeological report and Archaeological Impact Assessment. HED: Protecting Historic Monuments have no objections to the proposal subject to conditions. See later section in this report. The protection of the Listed Building Derryowen, has been incorporated into the revised CMP and HED Protecting Historic Buildings has no objection subject to a condition. See later section in this report. c) The proposal involves public open space which will be incorporated into the over-all zoning. All streets, open space areas, play areas will be accessible to the community. The CMP provides for a Town Park; Linear Park; Urban Square; Urban woodland/ravine; Play grounds and green corridors throughout the development. Page 47

50 Open space areas will be designed at detailed design stage to be overlooked by homes to encourage a sense of ownership and provide natural surveillance. Public open space will be designed to be accessible and usable. Maintenance of these areas will inform their design, and it will be possible to create interesting, active and ecologically rich public spaces which are used by all residents. Children s' play areas will be designed to be secure and overlooked, and will be situated in appropriate locations, as identified in the CMP. There will be 1 NEAP (Neighbourhood equipped Area of Play) and 5 LEAP s (Local Equipped Areas of Play). LAP s (Local Areas of Play) will be considered at each reserved matters application and will be subject to the requirements of open space provision in addition to the NEAP and LEAPs as required by PPS 8. A detailed assessment of the open space is set out in PPS 8 in the next section in this report. d) Local neighbourhood facilities are proposed within the development and the CMP identifies their location and intended use class of these. High Street / Local Centre The Derry Area Plan 2011 allows for the provision of two Local Centres to form part of the H2 overall zoning. The CMP for the site has combined both local centres into a High Street located centrally within the zoning, which will take the form of a linear street. The High Street and primary school could be termed as the village centre within the development. The mix of land uses along the High Street potentially should include a primary school, church, various retailing and office units and community services, including a crèche, doctor s surgery/health and well-being and community hall. This will allow for the growth of a sustainable community, and along with the Town Park will provide a focal point for the entire zoning. The land use diagram within the CMP Maps A8/B8 identifies this area as encompassing a mix of uses. Further potential uses that could be appropriate to the designated 'mixed use' area have been identified and may include: public house I restaurant, hotel, retirement home and offices. A condition will be imposed on any outline approval restricting the use classes permitted within the High Street. There will also be a restriction on the retail floor space to ensure that any retail element will function as a local centre for shopping and mixed uses. Page 48

51 The CMP envisages that High street buildings will be perimeter blocks and should address and define the High Street. Height, massing, scale and proportions will all contribute in the creation of a street which will form the focus for the local community. A strong edge will be created and there will be engagement between buildings and the street. The concept of traditional urbanism promotes a mix of uses in the high street; it envisions a wide range of use types including commercial, civic and residential. The mix of uses is likely to change and vary naturally over time as business practices, investment and public and private spending patterns change, therefore buildings must be flexibly designed with the capacity to house more than one use in their lifetimes. A further area of mixed use is also identified as City Gateway in the CMP. This is located at the entrance to the site from the existing roundabout on Buncrana Road and can be viewed as a key site to the entrance to the city. This neighbourhood area whilst it is not part of the phase 1 development of the application site; there is the opportunity through the Legal Agreement to allow development proposals to come forward on this part of the site, which will have to take account of the obligations of both the S76 and A122 agreements if an application to develop this part of the site were to be submitted; and also the equalisation plan of numbers of units, should this area be developed. Primary School There is provision for a school or a combination of a primary school and nursery school on a site of 2.02 hectares within the zoned land. A lease agreement detailing the school provision and terms of transfer between the developer and the Education Authority will form part of the Essential Terms of the S76 Legal Agreement. Page 49

52 Site within the H2 zoning for school and educational provision e) A movement pattern has been established for the development. The proposal involves cycle and pedestrian routes integrated into the layout. They create a network of paths crossing the development area that is independent of the road network and provide safe access through the housing areas. Overall there is approx. 17km of pedestrian/cycle path networks within the development. Public transport will be provided for within the development with a bus route through the zoning. The essential terms of the public transport provision will form part of the S76 Legal Agreement and there will be obligations therein for the commencement of the service. The spine road network consists of approx. 4.5km of local Distributor roads. In addition there will be a 2 metre wide footway on one side and 3.5 metre wide combined foot and cycle way on the other side. A landscaped verge containing tree planting of 2 metres in width will separate vehicular and pedestrian/cycle traffic. Page 50

53 Movement Diagram The new development is appropriately connected to neighbouring areas, with direct, safe and secure routes which connect existing movement networks and follow key desire lines. This is illustrated in the above map, A10 and B10 of the CMP. Page 51

54 f) Vehicles and parking will be integrated into the detailed design at reserved matters stage. As stated in the CMP, parking, where appropriate, should be on-street and overlooked where possible or in-curtilage. On street unassigned parking and parking within overlooked courtyards are seen as desirable solutions. In-curtilage parking will be appropriate in less dense contexts. Parking and the materials used, and treatment of communal parking will be assessed in detail during the design stages of any reserved matters application in accordance with PPS 3 and Creating Places, to ensure that an attractive environment is created as so as to comply with DFI s Parking Standards. g) The design of the development is expected to draw upon the best local traditions of form, materials and detailing. A number of neighbourhoods have been identified within the CMP. These are centred on and abut the Town Park and High Street which form the core of the development. Due to the extensive scale of the site, it is desirable to use a variety of styles and design features throughout. Each district should have a design consistency. Individual blocks within precincts should have a greater level of regularity, giving an overall feeling of 'co-ordinated variety'. Where districts meet, the challenge for designers will be to create compatible solutions and to maintain the integrity of streets, avenues and green corridors. The detailed design of all buildings will be assessed at each reserved matters application. An indication of the proposed blocks, districts and neighbourhoods can be seen on Maps A-7, B-7, A-9 and B-9 of the CMP. These are illustrated below; Page 52

55 Storey Heights and Street Diagram Page 53

56 Neighbourhood Character Areas Contemporary design will be encouraged throughout H2 and will be assessed at detailed design stage of each reserved matters application, as well as the building materials which will be required to be of a high quality. However, the design will be required to be in accordance with the CMP and design codes therein which sets out the parameters for Perimeter buildings, Courtyard buildings, the High Street, and the streets hierarchy including the Page 54

57 Primary, Secondary and Tertiary streets. Future detailed proposals will be required to have an appropriate balance between consistency and diversity, in terms of finishes, colours, proportions, styles, heights and forms. A wide variety of building types including detached, semi-detached, terrace units and apartments are possible within the CMP and Design Code, and it is envisaged that the unit types will correspond to the principles and objectives as outlined in the CMP. The commercial and mixed units will play a key role throughout the detailed design process. h) All of the principles of privacy, overlooking, overshadowing, loss of light will be taken into account and assessed at the detailed design stage and through each reserved matters application. i) At detailed design stage all proposals will be required to be designed to that they promote personal safety and to deter crime in all aspects of the development, form the roads, streets, open space areas etc. Planning Policy Statement 8 Open Space, Sport and Outdoor Recreation Policy OS2 sets out the minimum requirements for the nature and extent of public open space within residential developments. Open space should be designed comprehensively with the housing in a linked way; be of recreational or amenity value; multi-purpose taking account of neighbouring residential amenity and of heritage features. Policy seeks to ensure that open space is preserved and managed as public open space. The CMP provides a Landscape Masterplan for the application site and H2 zoning. The layout and design of the scheme respects and utilises existing topographical and ecological features. The proposal involves maintaining the escarpment slopes and river valleys that exist within the site as open space. Locally available open space is also provided and integrated into the overall zoning. Play Provision There is 1 NEAP (Neighbourhood Equipped Area of Play) and 5 LEAP s (Local Equipped Areas of Play) proposed within the application site to cater for the entire zoned area. The majority of dwellings should be no more than a 5 minute walking distance from a LEAP and 15 minutes from the NEAP. Page 55

58 Consideration will be required at detailed design stage as to how the play areas will be maintained in terms of security and boundary treatments. It is envisaged that the NEAP will incorporate provisions for wheeled play (skate or bike), and a kick about area. The additional need for Local Areas for Play (LAP s) and the requirement for these throughout the site will be assessed with each individual reserved matters application in accordance with PPS 8. Map showing the location of the NEAP and LEAP s within the H2 Zoning Page 56

59 Landscape Master Plan Landscape Master Plan Option A Page 57

60 Landscape Master Plan Option B Open space within the site will be developed in the form of a Town Park, Linear Park, Urban Square, Urban Woodland I Ravine, Playgrounds and Green Corridor. See details below. Page 58

61 Town Park This is located at the heart of the development adjacent to the High Street and Primary School. It will take full advantage of the existing mature trees and interesting topography. It is envisaged that the Park will be separated into different areas which will have both formal and informal character. The main play area (NEAP) will be located within this park. The park will be linked to the surrounding cycle paths, footpaths, linear parks, green corridors and public transport. Adequate lighting, controlled access and natural surveillance will ensure a secure environment, the details of which will be required at reserved matters stage. Quality, durable materials will be required to be used throughout. This will create a high quality public amenity space which will contribute greatly to the enjoyment of the new urban area by both residents and visitors. Linear Park These areas are primarily based on movement and connections. Their linear, strong urban form promotes cycling and pedestrian movement. Various parts of the development will be linked in this way. This will encourage an overall sense of community and connection. Nodes of activity will be provided at strategic locations. These parks extend into the body of the development, creating green lungs locally and encouraging healthy living. Quality, durable materials will be required throughout. Urban Square This is a formal urban space which will create a focus for the high street and town park. It is envisaged that a multitude of uses can be carried out in this space to consolidate its civic and social importance. Planting and landscaping will be strictly formal. There is a high potential for built form to frame and address this space. Quality, durable materials will be required in the creation of this square. Urban Woodland I Ravine These are areas in which there is a large amount of existing mature vegetation and interesting topographical features requiring quality treatments and solutions. Existing wet habitats contained within these areas will be retained and enhanced. The majority of large mature tree specimens will be retained. Dead and unhealthy trees will be removed. Natural footpaths and cycle tracks will be introduced in a way that complements existing vegetation. Quality, durable materials will be required throughout. Page 59

62 Green Corridor These are designated lengths of strategic open space which extend into the body of the development. They are primarily seen as circulation routes, allowing pedestrians and cyclists to penetrate the site within an amenable setting. The arrangement will be strictly formal, with extra heavy standard trees lining the routes. Maintenance and Management Provision has been made for a Landscape Management Agreement between the developer and Derry City and Strabane District Council, under which title to the relevant open space will be transferred to Council for the long term management and maintenance of these lands. This is set out in the obligations and in the Essential Terms of the S76 Legal Agreement. PPS 6 Planning, Archaeology and the Built Heritage There is a listed building on the larger H2 zoning but it is outside this application site, and it is known as Derryowen. It is accordingly, protected from both demolition and harm to its setting under Planning Policy Statement 6 and the SPPS. The listing took place on 1 July 2016, well after the master plan design had been initially completed. The CMP was therefore revised and adapted taking into account both the listed dwelling and its setting. The CMP accordingly proposes the retention of Derryowen. The setting of listed buildings is protected under policy BH 11 in PPS 6, which seeks to ensure that listed buildings are respected in terms of detailed design parameters for development within the setting. The CMP has been adapted to leave the setting of the listed building largely intact. An area around Derryowen and the avenue leading up to it from Buncrana Road are retained as open space as its setting, in particular views of the front of the building are kept open. HED Protecting Historic Buildings have no objection to the proposal subject to a condition that detailed design of this part of the site will be submitted at reserved matters application stage. See condition section later in this report. Page 60

63 Appendix 2 Extract from CMP PAGE 19 showing Derryowen Listed Building and how the CMP provides for development respecting the Listed Building and it s Setting Planning Policy Statement 3 Access Movement and Parking Spine Road / Local Distributor Road The main road within the development is the local distributor road and is also referred to as the spine road in the CMP. It is required to be designed and built to local distributor standards in accordance with Creating Places. The spine road will be phased within phase 1 and sub phases therein, and also within phase 2. Obligations within the S76 Legal Agreement will require development of the spine road to be completed at certain trigger points within the development. Public Transport The proposal will provide for public transport facilities within the development. As the main spine road within the development will be phased, an initial temporary bus turning circle will be provided within sub phase 1.1. In sub-phase 1.2 a temporary bus loop will be introduced and will be expanded into phase 1.3. The final loop of the bus route will be completed in Phase two of the development. Page 61

64 Bus Route Map Page 62

65 Roundabout Options There are two options proposed for a roundabout to provide a second access to serve the H2 Lands. Roundabout option 1 lies adjacent to the Eglagh Business Park entrance and option 2 is as shown in the location identified in Derry Area Plan. One out of the two options to serve the H2 zoning will be provided by the developer at a certain trigger point which will be an obligation in the associated Section 76 Legal Agreement and Article 122 Agreement. Stopping up and abandonment of existing roads Development of the CMP will involve the stopping up and abandonment of Coshquin Road. White House Road is required to be stopped up and then realigned and incorporated into the Spine Road /Local Distributor Road. This will have to be legislated for through a Stopping Up/Abandonment Order which is a consultative process. If the Buncrana Road Widening proceeds prior to the delivery of the Spine/Local Distributor road or if the stopping up/abandonment order is not successful then the line of both Whitehouse Road and Coshquin Road will have to revisited which would require an amendment to the CMP. Construction Phasing and Access for the Spine Road / Local Distributor Road Access to the site for its development shall be from Buncrana Road junctions only. Construction access will not be permitted from the Coshquin or Whitehouse Roads. Planning Policy Statement 15 Planning and Flood Risk There are two watercourses on site. In terms of the layout of the development, where development abuts existing watercourses on the CMP the following general principles will be observed in the detailed design at reserved matters stage; The watercourse will be retained outside the curtilage of the area to be developed; A buffer zone of 5 metres minimum depth will be left between the curtilage and the centre of the watercourse; Where the watercourse is in the private area at the rear of dwellings, way leaves are to be provided to enable access for maintenance and management; Management and maintenance areas are to be provided adjacent to watercourses in both public and private areas Page 63

66 Part of the lower portion of the site along Buncrana Road is within the Q100 floodplain. The area within the floodplain has been identified as open space within the CMP and will not be developed. Rivers Agency has assessed the drainage assessment which formed part of the Environmental Statement. Given that the principle of the development is acceptable on the site, planning officers are content that conditions are imposed requesting that each reserved matters application is accompanied by a detailed assessment to comply with PPS 15 FLD 3. Planning Policy Statement 2 Natural Heritage Natural Environment Division has considered the impacts on natural heritage interests on the site including bats and badgers. There is one building on site which has the potential for bat roost potential however this building is shown to be retained on the Landscape Master Plan options A and B. A condition has therefore been imposed relating to the retention of this building and a condition requiring updated landscaping plans showing native species planting and hedgerows to be retained where possible. NED notes that badgers are using the site but no setts were found; and no otter holts found on site. The proposal is therefore acceptable under PPS Conclusion and Recommendation The proposal is considered acceptable in that it is in accordance with the Derry Area Plan 2011 and other material considerations. A Comprehensive Master Plan for the site is in accordance with QD2 of PPS 7; the layout generally meets the criteria of QD1 of PPS 7 as a quality residential environment can be achieved. There is the provision of infrastructure works in accordance with PPS 3, sewerage and land drainage in accordance with PPS 15; protection of archaeology and built heritage in accordance with PPS 6; protection of natural heritage interests in accordance with PPS 2, all of which are supported through the SPPS for NI. Other material considerations have also been taken into account, including the advice from consultees and the representations received the but overall they justify an approval of the application. It is therefore recommended that the Council s Planning Committee approve planning permission A/2006/0441/O for the proposed development subject to conditions set out below; Members should note that a decision on the application cannot issue until the Section 76 Legal Agreement and A122 Agreements have been finalised and signed. Page 64

67 Conditions without prejudice Please note that these conditions are draft and subject to change dependent on the review and outcome of both the CMP, Section 76 and Article 122 Agreements. 1. As required by Section 62 of the Planning Act (Northern Ireland) 2011, application for approval of the first reserved matters for at least 100 dwellings shall be made to the Council within 3 years of the date on which this permission is granted; and all remaining applications for approval of reserved matters shall be made to the Council within 8 years from the date of this permission. The development, hereby permitted, shall be begun by:- i. The expiration of 2 years from the date of approval of the first reserved matters; and, whichever is the later of ii. The expiration of 2 years from the date of approval of each other reserved matters; or iii. The expiration of 2 years from the date of approval of the last of the reserved matters to be approved. Reason: Time limit. 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; the colour texture and type of facing materials to be used for external walls and roofs. 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. Page 65

68 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 surfaces 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. 3. All existing trees, shrubs and hedges/natural screening on the boundaries and within the application site shall be permanently retained unless otherwise agreed in writing with the Council. If any such tree, shrub or hedge is removed, uprooted, destroyed, dies or becomes, in the opinion of the Council, seriously damaged or defective, another tree, shrub or hedge of the same species shall be planted at the same place during the next planting season, unless the Council gives its written consent to any variation. Reason: To ensure the development integrates in a satisfactory manner into the locality and in the interests of visual amenity and biodiversity value of the site. 4. No development including site clearance works, storage of material, lopping, topping, or felling of trees or trucking machinery over tree roots, shall take place until comprehensive proposals for both hard and soft landscape works have been submitted to and approved in writing by the Council relating to each full or reserved matters application. The details shall include; a detailed layout together with existing and proposed ground levels, existing and proposed contours, cross sections where appropriate, surfacing material and other hard details including street furniture, means of enclosure, car parking layout, vehicle and pedestrian access and circulation areas, hard play equipment, refuse storage, lighting, existing and proposed services above and below ground, retained historic landscape features and proposals for restoration. Reason: To ensure the provision of sustainable amenity afforded by appropriate landscape design. 5. Any application for approval of reserved matters or full permission shall include planting plans for soft landscape works for each phase and shall include; written planting specifications, schedules of plants and trees indicating site preparation, planting methods, planting medium and additives together with the species, the size at time of planting, density, the presentation, location, spacing and numbers; and an implementation and maintenance programme. Page 66

69 Reason: To ensure the provision of amenity afforded by appropriate landscaping design. 6. No development shall take place until details of building foundations and the layout, including the positions, dimensions and levels of service trenches, ditches, drains and other excavations on site, insofar as they may affect trees and hedgerows on or adjoining the site, have been submitted to and approved in writing by the Council at each reserved matters or full application stage. Reason: To ensure the protection of trees and other vegetation to be retained. 7. All hard and soft landscape works shall be carried out in accordance with the approved details and the appropriate British Standard or other recognised Codes of Practice. Reason: To ensure the provision, establishment and maintenance of a high standard of landscape 8. As part of, or in advance of each reserved matters or full application, a health and condition survey of all significant trees and vegetation shall be carried out by a qualified Arboriculturist indicating location, species, age, condition, height, crownspread, trunk dia. at 1 metre above ground and including recommendations as to safety, felling, retention and amenity works and shall be submitted to the Council for approval. Reason: To ensure accuracy of information in relation to the amenity afforded by existing trees. 9. The survey shall be used to identify trees for retention. To protect trees identified for retention development shall comply with BS 5837; 2005 recommendations in relation to root protection areas and amenity distance from trees. Root protection areas shall be plotted on a suitable plan and no construction, excavation, level change, storage, fires or heavy vehicles shall be permitted within these areas without the written consent of Council Planning. Protective fencing to BS specification shall be erected around the root protection areas before site work commences and shall be maintained for the duration of the works. No tree identified for retention shall be cut down, up rooted or destroyed or have its roots damaged within the protection area or have any tree surgery take place other than in accordance with approved plans, without the written approval of the Council. Any approved arboricultural work shall be carried out in accordance with BS 3998; Page 67

70 Reason: To protect existing trees and other significant vegetation and ensure continuity of amenity 10. If any tree is removed, uprooted, destroyed or dies within 3 years of the date of the occupation of the development for its permitted use, another tree or trees shall be planted at the same location and shall be of such size, species and at such time as may be specified by the Council. Reason: To ensure continuity of amenity afforded by existing trees. 11. If within a period of 5 years from the date of the planting of any tree, shrub or hedge, that tree, shrub or hedge is removed, uprooted or destroyed or dies, or becomes, in the opinion of the Council, seriously damaged or defective, another tree, shrub or hedge of the same species and size as that originally planted shall be planted at the same place, unless the Council gives its written consent to any variation. Reason: To ensure the provision, establishment and maintenance of a high standard of landscape. 12. No units/dwellings shall become occupied until a landscape management and maintenance plan has been submitted to and approved by the Council for each reserved matters or full application. 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 and open space. The landscape management plan shall be carried out as approved. Reason: To ensure successful establishment and ongoing management and maintenance (in perpetuity) of the open space and amenity areas in the interests of visual and residential amenity. 13. The High Street (as defined in purpose and area within the Concept Master Plan on page 20 and 28 shall be used primarily for the retail sale and ancillary storage of convenience goods and/or retail services. This includes any other purpose in Class A1 of the Schedule to the Planning (Use Classes) Order (Northern Ireland) For the purposes of interpreting this condition, Retail Services for this purpose are hereby defined as: (a) for the retail sale of goods other than hot food; (b) Post Office; Page 68

71 (c) for the sale of tickets or as a travel agency; (d) for hairdressing; (e) for the display of goods for retail sale; (f) for the hiring out of domestic or personal goods or articles; (g) for the reception of goods including clothes or fabrics to be washed, cleaned or repaired either on or off the premises; Reason: To control the nature of the retailing uses at this location and to provide compliance with the Concept Master Plan. 14. The gross quantum retail floor space for Class A1: Shops in the High Street (as defined in purpose and area within the Concept Master Plan) shall not exceed 1990 square metres in total or unless otherwise agreed by the Council in writing. Reason: To control the scale of retailing uses at this location equivalent to two local centres as defined in the Derry Area Plan 2011; in compliance with the Concept Master Plan and the Council s objectives and policies for retailing and town centres; and to ensure a sustainable form of development. 15. The gross retail floor space of any individual retail unit shall range from 150sqm to 250 sqm except in the case of a grocer/food shop which shall not exceed 650 sqm when measured internally or unless otherwise agreed in writing with the Council. Reason: To control the nature, range and scale of the commercial activities to be carried out on this location to ensure compliance with the Council's objectives and policies for retailing and town centres. 16. The gross office floor space as defined under Classes A2: Financial/Professional and /or Class D1 (Community and cultural Uses) and other services, of the Planning (Use Classes) Order (Northern Ireland) 2015 shall not exceed 200sqm per unit or unless otherwise agreed with the Council in writing. Page 69

72 Reason: To control the scale of office uses at this location, to provide compliance with the Concept Master Plan and to ensure compliance with the Council s objectives and policies for retailing and town centres; and to ensure a sustainable form of Development. 17. Any application for approval of reserved matters or full permission on any part of the site shall include plans, cross sections and details indicating the existing and proposed levels, contours, the finished floor levels of the proposed buildings and the position, height and materials of any retaining walls. Development shall be carried out in accordance with the approved plans. Reason: To ensure the development takes into account the site s natural features and to safeguard the amenities of existing and proposed dwellings. 18. Any application for approval of reserved matters or full permission on any part of the site shall include details of gates, fences, walls or any other proposed structures in addition to the proposed buildings. The development shall be carried out in accordance with the approved details. Reason: To ensure that the development is in keeping with the locality and to assist in the provision of a quality residential neighbourhood in accordance with PPS 7 Quality Residential Environments. 19. No site works of any nature or development shall take place until a programme of archaeological work has been implemented, in accordance with a written scheme and programme prepared by a qualified archaeologist, submitted by the applicant and approved by the Council. The programme should provide for the identification and evaluation of archaeological remains within the site, for mitigation of the impacts of development, through excavation recording or by preservation of remains, and for preparation of an archaeological report. Reason: To ensure that archaeological remains within the application site are properly identified, and protected or appropriately recorded. 20. Access shall be afforded to the site at all reasonable times to any archaeologist nominated by the Department for Communities to observe the operations and to monitor the implementation of archaeological requirements. Page 70

73 Reason: To monitor programmed works in order to ensure that identification, evaluation and appropriate recording of any archaeological remains, or any other specific work required by condition, or agreement is satisfactorily completed. 21. At Reserved Matters a Construction Method Statement must be provided for each phase of development to detail all the construction requirements on-site and to detail all the pollution prevention methods that will be employed (with reference to the relevant GPPs) to ensure effective mitigation and avoidance of potential impacts to Lough Swilly SAC/SPA via the Skeoge river catchment. This should include but is not restricted to the following: - A drainage plan detailing the use of SuDS features for site drainage during construction. There must be no direct discharge of construction drainage without appropriate treatment to ensure removal of suspended solids. - Details of the location of construction compounds and all areas of re-fuelling, storage of oil/fuels, concrete mixing and washing areas, storage of machinery, materials and spoil, plant and wheel washing areas. - Management of stockpiled earth should be addressed to ensure there are no risks of run-off from these. - There must be no storage of any materials detailed above within 10m of any watercourse or storm drain. - The mitigation to be used during the proposed culverting should be detailed. - Details of the monitoring programme to ensure the effectiveness of the mitigation measures. Reason: To ensure there are no impacts on site integrity of Lough Swilly SAC/SPA. 22. At reserved matters a detailed drainage assessment must be provided for each stage or phase of the development regardless of site size, number of dwellings or area of impermeable surface. This should be supported by detailed drainage drawings for each phase of development. The drainage assessment must be submitted to the Council and agreed with the Department for Infrastructure (DfI) Rivers. The drainage assessment must comply with Annex D of PPS 15 and shall identify all of the flood risks to the development and from the development elsewhere. The drainage assessment must clearly demonstrate the effectiveness and long term maintenance arrangements of any proposed mitigation measures to DfI Rivers. Any mitigating measures identified in the drainage assessment must be adhered to before completion of that part of the development. Page 71

74 Reason: To reduce the risk for flooding to the site and from the site to elsewhere and to ensure there are no impacts on the site integrity of Lough Swilly SAC/SPA. 23. Storm drainage of the site, during construction and operational phases, must be designed to the principles of Sustainable Drainage Systems (SuDS) in order to prevent the polluting effects of storm water on Lough Swilly SAC/SPA via the Skeoge River Catchment. Construction of SuDS shall comply with the design and construction standards as set out in The SuDS Manual - Construction Industry Research and Information Association (CIRIA) Report C753. Reason: To ensure there are no impacts on the site integrity of Lough Swilly SAC/SPA. 24. Building complex B3 shall be retained as shown on Landscape Masterplan Options A and B date stamped 2 October 2017 by Derry and Strabane District Council. Reason: To protect bats. 25. At each reserved matters or full application stage updated landscape plans shall be submitted clearly showing native species planting and hedgerow retention where possible. Reason: To minimise the impact of the proposal on the biodiversity of the site. 26. Detailed design proposals demonstrating how the development complies with paragraph 6.13 of the SPPS and Policy BH11 of PPS 6 (development within the setting of a Listed Building) shall be submitted as part of the first reserved matters application that relates to the fields immediately adjoining the Listed Building Derryowen (HB01/24/002). Reason: To ensure that the development respects the setting of the Listed Building. 27. All storm water from the development site shall not be discharged to nearby watercourses unless first passed through pollution interception and flow attenuation measures. Reason: To prevent pollution of surface waters. Page 72

75 28. Prior to commencement of development on site, a detailed Earthworks Management Plan shall be submitted for approval in writing to the Planning Authority, to include methods of control of runoff from working areas, and mitigating measures to prevent pollution of watercourses, during the construction phase. The development shall be managed in accordance with the approved Plan. Reason: To prevent pollution of surface waters which is detrimental to fisheries. 29. No development shall commence on site for each reserved matters or full application, until the applicant has submitted evidence in writing to the Planning Authority for its agreement demonstrating that the risks to groundwater and other environmental receptors due to on-site contamination of the ground and groundwater have been effectively assessed. This evidence should include: At least one additional round of groundwater quality monitoring data from boreholes BH1, BH2 and BH3 for relevant hydrocarbon contaminants and revised risk assessment(s) as appropriate, If unacceptable risks to groundwater are identified provision of remedial criteria as soil and groundwater concentrations that would not pose a risk to receptors. If unacceptable risks to receptors are identified a remediation strategy will be required to address those risks. Reason: Protection of environmental receptors to ensure the site is suitable for use. 30. If during the development works, contamination and risks to the water environment are encountered, works should cease and the Planning Authority shall be notified immediately. This contamination shall be fully investigated in accordance with the Model Procedures for the Management of Land Contamination (CLR11). A suitable risk assessment shall be completed and in the event of unacceptable risks being identified, a remediation strategy shall be agreed in writing with the Planning Authority in writing and subsequently implemented and verified to its satisfaction. Reason: Protection of environmental receptors to ensure the site is suitable for use and for the protection of the health of future residents. 31. After completing any remediation works required under Condition 30, and prior to occupation of the development, a verification report shall be submitted in writing and agreed with Planning Page 73

76 Authority. This report should be completed by competent persons in accordance with the Model Procedures for the Management of Land Contamination (CLR11). The verification report shall 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 and for the protection of the health of future residents. 32. An air quality impact assessment shall be undertaken at each Reserved Matters or full application to quantify localised effects on air quality and also the effects of the additional traffic emanating from the H2 development on the existing Air Quality Management Area (AQMA) at Buncrana Road/Racecourse Road. Any adverse air quality impacts identified locally or on the AQMA shall be detailed and if necessary mitigation measures outlined to ensure that the approved development does not contribute to exceedance of air quality objectives within the AQMA. The air quality assessments shall take into account any other approved development. The assessment shall take account of all relevant and current guidance, particularly the Local Air Quality Management Technical Guidance (TG16), April Reason: For the protection of human health. 33. A noise impact assessment shall be completed and forwarded to the Planning Service prior to commencement of any works associated with the development. The report shall assess the impact of noise on all buildings associated with the proposed development and include detailed assessment of traffic noise from all external proximate roads, or other sources noise, including a background noise survey and the impact of noise from external plant or equipment associated with the school and nursery/ any other proposed commercial buildings. Any necessary mitigation shall be detailed in the report. Reason: In the interests of residential amenity. 34. At each reserved matters or full application and prior to the commencement of any development hereby permitted, a Construction Environmental Management Plan shall be submitted to and approved in writing by Derry City and Strabane District Council Planning Department. The plan must Page 74

77 demonstrate the adoption and use of the best practicable means to reduce the effects of noise, vibration and dust. The plan should include, but not be limited to: A construction method statement for each phase of development. Procedures for maintaining good public relations including complaint management, public consultation and liaison. Arrangements for liaison with the Derry City and Strabane District Council s Environmental Health Services Environment and Neighbourhoods Team. Deliveries to and removal of plant, equipment, machinery and waste from the site to take place within permitted hours. Mitigation measures as defined in BS 5228: A1:2014 Noise and Vibration Control on Construction and Open Sites Part 1: Noise, shall be used to minimise noise disturbance from construction works. Procedures for emergency deviation of the agreed working hours. Control measures for dust and other air-borne pollutants. This must also take into account the need to protect any local resident who may have a particular susceptibility to air-borne pollutants. Once approved, the Construction Environmental Management Plan shall be adhered to at all times. Reason: To protect residential amenity against the impact of noise and dust. 35. No development shall take place on-site until the method of sewage disposal has been agreed in writing with Northern Ireland Water (NIW) or a Consent to discharge has been granted under the terms of the Water (NI) Order Reason: To ensure a practical solution to sewage disposal is possible at this site. 36. Each building shall be provided with such sanitary pipework, foul drainage and rain-water drainage as may be necessary for the hygienic and adequate disposal of foul water and rain-water separately from that building. The drainage system should also be designed to minimise the risk of wrongly connecting the sewage system to the rain-water drainage system, once the buildings are occupied. Page 75

78 Reason: In order to decrease the risk of the incorrect diversion of sewage to drains carrying rain/surface water to a waterway. 37. Prior to any proposed culverting of a watercourse, a Construction Method Statement (CMS), for works in, near or liable to affect any waterway as defined by the Water (Northern Ireland) Order 1999, must be submitted to the Planning Authority, for consultation with NIEA and Inland Fisheries, at least 8 weeks prior to the commencement of the works or phase of works. The CMS should include all necessary pollution prevention measures to protect the water environment during the development of this proposal. Reason: To ensure effective avoidance and mitigation measures have been planned for the protection of the water environment. 38. At first Reserved Matters or Full application and before any works commences on site the Applicant shall submit a detailed design for the Local Distributor Road/Spine Road for agreement with the Planning Authority. The detailed design shall include for Phase 1 and Phase 2 lands and connection to Option 1 or Option 2 roundabouts. Reason: In the interests of road safety and ensure there is a safe, convenient and quality road system within the development. 39. At first Reserved Matters or Full application and before any works commences on site the Applicant shall submit and agree a Stage 1 and 2 Safety Audit for the Spine Road as referred to in Condition 38 and on completion of the Spine Road shall submit and agree a Stage 3 Safety Audit. Reason: In the interests of road safety. 40. At first Reserved Matters or Full application the Applicant shall, where necessary, submit detailed proposals for approval under DfI Roads Technical Approval Scheme (TAS) and DfI Roads Geotechnical Certification Procedures for all retaining structures for the Spine Road as referred to in Condition 38. Page 76

79 Reason: To ensure that all retaining structures are designed and constructed to the appropriate standard. To ensure that the designed scheme has addressed the site conditions and any potential geotechnical issues which may arise. 41. The Development shall be in accordance with the requirements of the Design Guide Creating Places: Achieving Quality in Residential Developments (or any other Design Guide which has been adopted by the Council at the time of submission of any application) and for the purpose of adopting private streets as public roads Reason: To ensure there is a safe and convenient road system within the development. 42. The Private Streets (Northern Ireland) Order 1980 as amended by the Private Streets (Amendment) (Northern Ireland) Order The development shall be in accordance with Creating Places Design Guide and, for the purpose of adopting private streets as public roads, Council Planning shall determine the width, position and arrangement of the streets associated with the development and the land to be regarded as comprised in those streets. Reason: To ensure there is a safe and convenient road system within the development and to comply with the provisions of the Private Street (Northern Ireland) Order In the interests of road safety and addressing the impact of the development on existing roads infrastructure. 43. At first Reserved Matters or Full application and before building or engineering operations shall commence, the necessary legislation for the Stopping Up/Abandonment of Coshquin Road and Whitehouse shall be completed. Reason: In the interests of addressing the impact of the development on existing roads infrastructure. 44. At first Reserved Matters or Full application and before building or engineering operations commence, detailed proposals shall be agreed in writing with DfI Roads for the realignment/stopping Up of Coshquin Road and Whitehouse Road. Detailed design proposals shall include the accommodation and any alterations necessary to the existing road drainage system on Coshquin Road and Whitehouse Road. Page 77

80 Reason: In the interests of road safety and addressing the impact of the development on existing roads infrastructure. 45. No construction traffic access to the approved site will be permitted off Whitehouse Road or Coshquin Road. All construction traffic will enter and exit the site directly from Skeoge Roundabout or the second roundabout at Buncrana Road when constructed. Reason: In the interest of road safety. Page 78

81 Page 79

82 Page 80

83 Page 81

84 Page 82

85 Page 83

86 Page 84

87 Page 85

88 Page 86

89 Page 87

90 Page 88

91 Page 89

92 Page 90

93 Page 91

94 This page is intentionally left blank

95 Page 93

96 Page 94

97 Page 95

98 Page 96

99 Page 97

100 Page 98

101 Page 99

102 Page 100

103 Page 101

104 Page 102

105 Page 103

106 Page 104

107 Page 105