Derry City and Strabane District Council Planning Committee Report

Transcription

1 Derry City and Strabane District Council Planning Committee Report COMMITTEE DATE: 23 rd March 2016 APPLICATION No: APPLICATION TYPE: PROPOSAL: LOCATION: APPLICANT: AGENT: LA11/2015/0124/F Retail/change of use Change of use of the former Budget DIY for the sale of convenience and comparison goods. Associated development works to Retail Park to include demolition of former Xtra Vision unit, alterations to elevation of former Budget DIY unit and Harry Corry unit, provision of garden centre, reconfiguration of car parking, landscaping, boundary treatment and associated site works. Retail Park (comprising former Budget DIY store Harry Corry and former Xtra Vision) Strand Road, Derry. T J Morris Ltd C/O Inaltus Limited Inaltus Limited, 15 Cleaver Park, Belfast, BT9 5HX ADVERTISEMENT: STATUTORY EXPIRY: RECOMMENDATION: Approve REASON FOR PRESENTATION TO COMMITTEE: Major application-site exceeds 1 hectare in accordance with The Planning (Development Management) Regulations (Northern Ireland) schedule of Major Development Thresholds Part 7 (b). All planning application forms, drawings, consultation responses, letters etc. relating to this planning application are available to view on 1. Description of Proposed Development Change of use of the former Budget DIY for the sale of convenience and comparison goods. Associated development works to Retail Park to include demolition of former Xtra Vision unit, alterations to elevation of former Budget DIY unit and Harry Corry unit, provision of garden centre, reconfiguration of car parking, landscaping, boundary treatment and associated site works. The change of use will apply to 2892sqm gross space and the addition of the garden centre measuring 697sqm. The site is approximately 1.5h in size.

2 2. EIA Determination- As the development is within Category 10 (b) of Schedule 2 of the Planning (Environment Impact Assessment) Regulations (NI) 2015 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. 3. Site and Surrounding Area The site is located on the north western side of the Strand Road at its junction with Buncrana Road. It is presently occupied by 3 retail units which front onto the Strand Road. The largest of the 3 units is the former Budget DIY store, which is now vacant. The middle unit is Harry Corrys a soft furnishings retail warehouse, which is still occupied. The third and smallest unit is the unit recently vacated by Xtravision. The site currently has a car parking area fronting onto the Strand Road. There are a number of units to the south of the site including a tyre and exhaust centre and builders yard. There is a large yard to the rear of the existing 3 units in the north west of the site. There is no vehicular access to this area at present and 2 large bollards have blocked the access. The site is located within the development limits of Derry as defined in the development limits of Derry Area Plan The site is identified as being within the Central Area in Map 2 City Map

3 Appendix 7 and is identified as a site suitable for mixed use in Map 3 Central Area. Figure 1 site location map 4. Site Constraints No particular constraints have been identified for the site 5. Neighbour Notification Report Neighbour Address Date Neighbour Notified 10 Farren Park, Buncran Road, BT48 7QH 5/22/15 11 Farren Park, Buncran Road, BT48 7QH 5/22/15 12 Farren Park, Buncran Road, BT48 7QH 5/22/15 13 Farren Park, Buncran Road, BT48 7QH 5/22/15 14 Farren Park, Buncran Road, BT48 7QH 5/22/15 15 Farren Park, Buncran Road, BT48 7QH 5/22/15 15 Pennyburn Court, Pennyburn, Londonderry, BT48 0RT 5/22/15 16 Farren Park, Buncran Road, BT48 7QH 5/22/15

4 16 Pennyburn Court,Pennyburn,Londonderry,BT48 0RT, 5/22/15 177B Strand Road, Pennyburn, Londonderry, BT48 7PU 5/22/15 177C Strand Road, Pennyburn, Londonderry, BT48 7PU 5/22/15 177D Strand Road, Pennyburn, Londonderry, BT48 7PX 5/22/ Strand Road, Pennyburn, Londonderry, BT48 7PU 5/22/15 17 Farren Park, Buncrana Road, BT48 7QH 5/22/15 17 Pennyburn Court, Pennyburn, Londonderry, BT48 0RT 5/22/15 18 Farren Park, Buncran Road, BT48 7QH 5/22/15 18 Pennyburn Court,Pennyburn,Londonderry,Londonderry,BT48 0RT, 5/22/15 19 Farren Park, Buncran Road, BT48 7QH 5/22/15 19 Pennyburn Court, Pennyburn, Londonderry,BT48 0RT 5/22/15 19 Pennyburn Court,Pennyburn,Londonderry,Londonderry,BT48 0RT, 5/22/15 1 Mccartney Park, Pennyburn, Londonderry, BT48 0FH 5/22/15 20 Pennyburn Court,Pennyburn,Londonderry,Londonderry,BT48 0RT 5/22/15 21 Pennyburn Court, Pennyburn, Londonderry, BT48 0RT 5/22/15 22 Pennyburn Court,Pennyburn,Londonderry,Londonderry,BT48 0RT, 5/22/15 23 Pennyburn Court, Pennyburn, Londonderry, BT48 0RT 5/22/15 24 Pennyburn Court,Pennyburn,Londonderry,BT48 0RT 5/22/15 25 Pennyburn Court, Pennyburn, Londonderry, BT48 0RT 5/22/15 2 Mccartney Park, Pennyburn, Londonderry, BT48 0FH 5/22/15 3 Farren Park, Buncran Road, BT48 7QH 5/22/15 3 Mccartney Park, Pennyburn, Londonderry, BT48 0FH 5/22/15 4 Farren Park, Buncran Road, BT48 7QH 5/22/15 4 Mccartney Park, Pennyburn, Londonderry, BT48 0FH 5/22/15 5 Farren Park, Buncran Road, BT48 7QH 5/22/15 5 Mccartney Park, Pennyburn, Londonderry, BT48 0AE 5/22/15 6 Farren Park, Buncran Road, BT48 7QH 5/22/15 6 Mccartney Park, Pennyburn, Londonderry, BT48 0FH 5/22/15 7 Farren Park, Buncran Road, BT48 7QH 5/22/15 8 Farren Park, Buncran Road, BT48 7QH 5/22/15

5 9 Farren Park, Buncran Road, BT48 7QH 5/22/15 6. Relevant Site History Former Budget building A/1981/0716-Permission granted for erection of DIY store A/1987/0479-Permission granted for erection of DIY centre A/1991/0023-Permission granted for extension to retail warehouse Harry Corry site A/1994/0453-permisison granted erection of 2 no retail warehouses A/1996/0401-Permission granted for erection of retail warehouse. This appears to be Harry Corry unit as built Xtra vision site A/2000/0383/F Permission granted for provision of New Retail unit on Ground Floor and Storage on First Floor Northwest tyres site A/1988/0157-Site for garage for fitting exhaust systems-granted A/1988/0852-Erection of tyre and exhaust centre-granted A/1990/0032- Erection of Tyre Battery and Exhaust Fitting Centre-granted 7. Policy Framework Regional Development Strategy for Northern Ireland 2035 Derry Area Plan 2011 'Strategic Planning Policy Statement for Northern Ireland' - Planning for Sustainable Development (SPPS), Planning Policy Statement 3: Access, Movement and Parking Planning Policy Statement 6: Planning, Archaeology and the Built Heritage 8. Consultee Responses Transport NI- TNI have advised that the site is bounded by strategically important protected routes and their pirmary concern was that the transport impact of this application was sufficiently assessed and appropriately addressed. As such TNI requested that the applicant submit a Transport Assessment for the following reason; The A2 Buncrana Road at this location is a protected route, strategic traffic route and part of the Regional Strategic Transport Network noted in the current Regional Development Strategy. As a significant redevelopment application, TransportNI considers, as also noted in GP3 of PPS13, that a TA is required to illustrate, assess and address

6 the impacts of this development proposal on the strategic high way network which currently shows signs of congestion and as previously discussed for other major applications in the area. The request for a Transport Assessment was first raised in the initial TNI response dated 12 th June 2015, however it was not formally submitted for consideration until 30 th October Transport NI has considered the information that has been provided and, on balance of the relevant considerations, will move forward to conclude this application using negative conditions that should be implemented prior to commencement of the development. The main issue not agreed prior to recommendation relates to the effect of the proposal on the modelling of the Pennyburn Roundabout. TNI have concerns regarding traffic queuing back across the site access. As such TNI concluded a traffic turning count and modelling of the junction was required to assess city side traffic approaching the Pennyburn Roundabout will block the site exit. If this happened there was a further concern that traffic entering the site from the Strand Road, when travelling towards the city, may not have sufficient queuing space and as such may tail back onto the driving lanes and cause a hazard. The modelling was not included in the TA and therefore TNI were unable to ascertain what works are necessary to prevent any unacceptable impacts on the road network. However negotiations have been ongoing and it has been agreed in principle that an extended right hand turn lane on Strand Road was required. TNI have provided a negative condition requesting that this right hand turning lane is put in place prior to the proposal coming into operation. The works would not be considered development in accordance with the Planning Order, however they would considered enabling traffic works associated with the proposal and therefore I would agree that the condition is necessary and reasonable. The applicant has provided a plan demonstrating that the extended turning lane can be achieved. Parking The applicant submitted a Parking Statement in its initial Transport Assessment Form. Having reviewed the information it can be summarised as follows; Applicant is proposing 180 car parking spaces for the proposal. They have indicated that 178 spaces are currently provided The applicant has based the above on the basis that the proposal is for non-food retail and therefore applied a standard of 1 space per 20sqm. They acknowledged that based on the above standards that the maximum car parking requirement would be 223 spaces. The applicant has advised that a reduced standard would be acceptable on the basis that the site already is below standard for the existing use, the site is within Zone B of the DAP 2011 and that the proposal meets a number of the justifications contained within AMP 7 of PPS 3 when reduced standards can be accepted. They advise that the site is highly accessible to public transport and that Derry has a car ownership 20% lower than the regional average.

7 In their assessment Transport NI has referred to the DoE Parking Standards. They note that, based on the 60/40 food/non food split this retailer has used in other applications, there is an under provision of spaces. Transport NI acknowledges that the site is in Zone B with an element of shared trips with neighbouring retailers so some reduction in the parking standard may be considered with Council. TNI have clarified that based on their calculations, the parking requirement for the current application is that an additional 37 spaces is required above the existing 178 spaces. However based on the mitigating factors such as being in Zone B, accessibility of the site Transport NI are satisfied that a 20% reduction in the standards could be applied to the additional spaces and this would equate to an additional 30 spaces and 208 in total for the proposal. Based on the TNI calculations there would be a shortfall of 28 spaces for the site. TNI have recommended that a condition could be attached to the approval to provide the additional spaces within 6 months of the application coming into operation. TNI have also advised that there is scope to provide the additional 28 car parking spaces within the site. I have noted that the applicant has indicated that the parking to the rear of the would have poor access to the front door of the units and that in their opinion to increase the parking beyond the 180 would require the building to be demolished and relocated further back from the Strand Road. The application before Council is for the sale of convenience and comparison goods. The applicant included a Planning Statement with the original submission and within Appendix 3 of this document it gives an example of the retail floorspace breakdown of the proposed retailer. Based on this Appendix, I would more persuaded by TNI s assessment of the car park requirement as the applicant s car parking statement are based on non-food retailing when the proposal clearly goes beyond this. There appears to be a consensus between the applicant and TNI that reduced standards could be applied in this case. I would agree with the rationale for the reduced standards. TNI have indicated that a 20% reduction in standards would be acceptable. The applicant s proposal would represent a much higher reduction in the standards and whilst policy allows a relaxation I am not persuaded that the factors presented by the applicant that a 95% reduction equating to addition of 2 spaces above the 178 would be acceptable in this instance. Therefore having weighed up the information before me I would agree with the TNI analysis and that there is a shortfall of 28 spaces. Having viewed the proposed block plan I would be of the opinion that there is sufficient land within the control of the applicant and within the application site to provide the necessary car parking. I am not persuaded by view of the applicant s Traffic Consultant that the area to the rear would not be acceptable due to poor access to the front doors of the shop. It would not be unduly onerous for the car users to utilise the area if 28 spaces were provided. Therefore given shortfall in spaces, it would be considered reasonable and necessary to impose a condition which requires the applicant to provide 28 spaces in addition to the proposed 180 spaces shown in drawing 02.

8 NIEA- Land, soil and air The information provided in the Inaltus Ltd (Inaltus) letter, dated 3rd July 2015, confirms that intrusive ground works are not required in support of the proposed development. Waste Management (WM) (Land and Groundwater Team) therefore, have no objection to Planning approval being given subject to the advised Conditions and Informative being attached to any Planning Decision Notice. Historic Buildings Unit is content with the proposal without conditions. Historic Monuments Unit has considered the impacts of the application and on the basis of the information provided is content with the proposal. Loughs Agency The Loughs Agency has considered the information provided and would have no objection in principle to the proposed development. Environmental Health Environmental Health Department notes from Inaltus Limited correspondence dated the 3 rd July 2015 that the associated development works involves the demolition of a retail unit and minor works associated with recladding the remaining buildings, reconfiguring the car park and landscaping. Any demolition work although temporary, has the potential to give rise to dust and noise impacts at nearby residential property at Pennyburn Court. In order to protect residential amenity during the construction/demolition phase of the development demolition and construction works should be restricted to daytime hours and water suppression utilised during dusty operations. The potential use of forklift trucks with narrow band reversing alarms on site has also the potential to affect the amenity of local residents. a) The proposed site plan indicates the presence of a plant enclosure on the western façade facing residential property. From the planning supporting statement it would appear that there are no frozen or refrigerated goods for sale so the plant enclosure may not contain condensors or compressors supporting plant for the storage and sale of such goods. This should be confirmed by the applicant. If the proposed plant associated with the enclosures is to operate 24 hours a day there is potential for noise impacts on residential property at Pennyburn Court. Impacts from such an enclosure could be reduced by relocating it to a less sensitive façade or location.

9 EHD advise that if the development is to proceed then consideration needs to be given to the potential impact of noise from the operational activities on nearby residential property. However when it considered the existing building could operate in a retail capacity without the requirement of permission I do not consider it necessary to request a noise assessment in this case. Any additional plant and machinery will require an additional application. Contaminated Land The proposed development is for the demolition of an existing unit and the recladding of an existing building and involves no groundworks. It is noted that there was Japanese Knotweed on the North East boundary of the site and that there is an existing disused above ground storage tank at the northern corner of unit 1 that has the potential to impact on future site users. Appropriate steps should be taken to contain and eliminate the presence of Japanese Knotweed on site and assess the integrity and potential for pollution from the disused tank located at the northern corner of unit 1 should it have been used for the storage of oil. EHD have considered all material factors to their Department and have no objections subject to conditions, which are detailed at the end of this report. Northern Ireland Water No objection subject to informatives. NI Water have advised that although NIW infrastructure is available within 20m of the proposal that consultation is required at an early design stage by means of predevelopment enquiry to determine how the proposal will be served.

10 9. Representations Consideration One letter of representation has been received in relation to the application from a neighbouring property, Northwest Tyres. The representation advised that Northwest Tyres had been trading for 25 years and share a right of way to the complex. They advised that car parking spaces and the right of way was required for the building s planning permission in A map was attached and they advised that it was essential for our customers and staff to avail of these parking spaces for trading purposes.

11 Figure 2 plan submitted by 3rd party Appendix 7

12 The agent was notified of the receipt of the representation. On the 3 rd July 2015 the agent responded in writing advising that they were unaware of any right of way over the site and any planning permission pertaining to car parking spaces. However the agent met with NW Tyres on the 6 th July The objection is based on the belief that the Northwest Tyres has a formal right of way and claim over a number of car parking spaces within the application site. Evidence to support this claim is in the form of an A4 map (see figure 1). The map indicates the 3 rd party s site and an area within the applicant s site, which they claim is a right of way and it also identifies a number of car parking spaces. The 3 rd party refers to a 1990 approval and having checked the planning history there was an approval for a tyre and exhaust centre under A/1990/0032. The decision notice does not refer to any planning agreements in relation to car parking spaces and/or right of way. As such I cannot say definitively if any planning agreement was in place through this approval or if this approval was granted subject to access to car parking spaces within the Budget site. In addition to the above the evidence submitted does not suggest or claim that the 3 rd party has any title over the lands as outlined in red for this application. The applicant has signed certificate C Serving notice on 2 3 rd parties, DRD and NIE. No notice has been served on Northwest Tyres and applicant has confirmed that they have no legal title over any of their lands. No evidence has been submitted to me to suggest that this is not the case. Therefore having considered the content of the 3 rd party submission it would appear that the matters relating to right of way and car parking are civil matters which should be agreed between the 3 rd party and the applicant outwith the planning process. 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 Regional Development Strategy; the Strategic Planning Policy Statement for Northern Ireland, PPS 3 Access Movement and Parking, PPS 6 Planning, Archaeology and the Built Heritage and relevant planning history, as well as the representations received

13 Regional Development Strategy- SFG6: Develop a strong North West- Planning for physical development, social infrastructure, physical infrastructure and economic development is central to the development of a strong North West. Derry is well suited to provide a regional level of service to much of the western part of Northern Ireland and to a substantial part of County Donegal SFG7: Strengthen the role of Derry as the principal city for the North West- Securing a strong and vibrant city is important to the economic and social wellbeing of the North West. Continue to regenerate the city of Derry. The City should be the focus for administration, shopping, commerce, specialised services, cultural amenities and tourism within the North West.. The proposal is for the redevelopment of an existing brownfield site, which had previously used for bulky goods retailing and a smaller DVD rental retail unit. 2 of the 3 units are vacant and therefore if approved this application will be of economic benefit by virtue of the creation of employment. It will also bring a prominent site within the city back into use. Therefore the proposal is reflective of the aims and objectives as set out in SFG6 and SFG7 of the RDS in terms of contributing positively to the economic development and regeneration of the city and the wider north west. Derry Area Plan 2011 The site is located within the development limits of Derry as defined in the development limits of Derry Area Plan The site is identified as being within the Central Area in Map 2 City Map and is identified as a site suitable for mixed use in Map 3 Central Area. The following policies and proposals within the Derry Area Plan are material considerations in this application; Policy BE1, Proposal TR 1, Policy TR 5, Proposal CA 1 and Proposal CA 8. Policy BE1- Urban Design The Department will require development proposals to make a positive contribution to townscape and be sensitive to the character of the area surrounding the site in terms of design, scale and use of materials. Development proposals should respect the opportunities and constraints of the specific site and have regard to the potential to create a new sense of place through sensitive design. The proposal is retaining the majority of the existing buildings and is not proposing to make any major changes in terms of design. As such the established retail character and built form will remain largely the same. Therefore the proposal will comply with the requirements of this policy.

14 Figure 3 existing elevations and floorplans Appendix 7

15 Figure 4 proposed elevations Proposal TR 1 Strategic Highway Proposals The following schemes have been included in the Plan on the basis of the recommendations of the Derry Transportation Study (see Maps 1, 2 and 3): Strand Road widening (now substantially complete); Culmore Road widening; Queen s Quay widening; Buncrana Road widening; Glendermott Road and Dungiven Road widening; Skeoge Link Road; Crescent Link dualling; Maydown to Broadbridge dualling; Newbuildings to Magheramason widening; Culmore Road improvements.

16 Major schemes generally require planning approval except for those on the trunk road network where a Direction Order will be appropriate. The site will access onto the Strand Road, however the access junction is close proximity to the Pennyburn Roundabout. This roundabout is the major junction between the Strand Road and Buncrana Road. Furthermore the Buncrana Road will abut the site along the entire north east boundary. The Buncrana Road widening is material consideration in this case when it is considered alongside the policy AMP 4 of PPS 6. Policy AMP 4 deals with impacts on new transport schemes such the Buncrana Road widening. Transport NI have considered Policy AMP 4 in their assessment of the application and have concluded as the store is not being extended towards the Bunrana Road then AMP 4 would not be an issue in this case. Policy TR 5 Car Parking Provision in New Developments Car parking provision in new developments will be controlled on a zonal basis as follows: Zone A - the Commercial Core, in which only operational car parking (servicing and other essential operations) will normally be permitted. Zone B - the remainder of the Central Area and areas of mixed use elsewhere in the urban area, in which both operational and non-operational car parking will be required as determined by the Department. Zone C - all other areas in which full operational and non-operational car parking will normally be required. The application site would fall within Zone B and as such operational and non-operational car parking will be required as determined by Council in consultation with Transport NI. This has been considered within the TNI response. Proposal CA 1 Central Area The DAP 2011 defines a Central Area boundary. This section sets out the development strategy for the heart of the City. The Area Plan recognises the important role that a diverse and vibrant Central Area plays in the life of the City and its hinterland. The Central Area boundary is delineated on Map 3 and is based on consideration of urban function, land use, topography and townscape. The site is located within the central area. Proposal CA 1 Central Area refers to Section 8 of the Derry Area Plan which is a Chapter on Commerce. However the chapter does not specifically deal with the defined central area as shown Map 3. This site is within the central area but outside the commercial core. Proposal CA 8 Mixed Use Areas The Department defines areas at Pennyburn and Glendermott Road for mixed uses. These are areas which would be suitable for a variety of uses provided there would be no adverse effects on either the vitality of the Commercial Core or on amenity. The site is within the Pennyburn mixed use area and already has a bulky goods retailing use, as well as a small amount of class 1 retail. It is my opinion that the level of class 1 retailing proposed

17 will not have adverse impact on the commercial core. There will be no adverse impact on amenity of a result of the new use. Planning Policy Statement 3: Access, movement and parking The issues relating to PPS 3 have been considered in detail earlier in my report 'Strategic Planning Policy Statement for Northern Ireland' - Planning for Sustainable Development (known as SPPS) SPPS was published on the 28 th September This publication sets out the Department s regional planning policies for securing the orderly and consistent development of land in Northern Ireland under the reformed two-tier planning system. The provisions of the SPPS must be taken into account in the preparation of Local Development Plans, and are also material to all decisions on individual planning applications and appeals. A transitional period will operate until such times as a Plan Strategy for the whole of the council area has been adopted. During the transitional period planning authorities will apply existing policy contained within the documents identified below together with the SPPS. Any relevant supplementary and best practice guidance will also continue to apply. Any conflict between the SPPS and any policy retained under the transitional arrangements must be resolved in the favour of the provisions of the SPPS. For example, where the SPPS introduces a change of policy direction and/or provides a policy clarification that would be in conflict with the retained policy the SPPS should be accorded greater weight in the assessment of individual planning applications. However, where the SPPS is silent or less prescriptive on a particular planning policy matter than retained policies this should not be judged to lessen the weight to be afforded to the retained policy The following policies have been cancelled/superseded by the SPPS -PPS1: General Principles -PPS5: Retailing and Town Centres -PPS9: The Enforcement of Planning Control 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

18 would experience financial or other loss from a particular development, but whether the proposal would unacceptably affect amenities and the existing use of land and buildings that ought to be protected in the public interest. Paragraph 5.72 of the SPPS further emphasises this in that sustainable development should be permitted, having regard to the local development plan and all other material considerations, unless the proposed development will cause demonstrable harm to interests of acknowledged importance. In such cases the planning authority has power to refuse planning permission. Amenity When considering the proposal I have considered the impact of the proposal on the surrounding land uses and buildings. In terms of operational development, the works will be minimal. Apart from the demolition of the xtravision portion of the building, external amendments to the elevations and the provision of garden centre, there will be little discernible difference in planning terms from what is on the site at present. As discussed earlier in my report an adjacent land owner has made representations based on the loss of car parking for his business. I would be of the opinion that sufficient evidence has not be submitted to demonstrate that a formal arrangement was in place for the use of this car parking. It is also my professional opinion that the provision of 208 car parking spaces will be adequate to serve the development as proposed without conflicting negatively with adjacent landuses. Overall I would be of the opinion that the proposal will not cause any demonstrable harm to the neighbouring land uses and therefore is compliant with this aspect of the SPPS.

19 Figure 5 proposed site plan Town Centres and Retailing The regional strategic objectives for town centres and retailing are to: - secure a town centres first approach for the location of future retailing and other main town centre uses; - adopt a sequential approach to the identification of retail and main town centre uses in Local Development Plans (LDPs) and when decision-taking; - ensure LDPs and decisions are informed by robust and up to date evidence in relation to need and capacity; - protect and enhance diversity in the range of town centre uses appropriate to their role and function, such as leisure, cultural and community facilities, housing and business; -promote high quality design to ensure that town centres provide sustainable, attractive, accessible and safe environments; and -maintain and improve accessibility to and within the town centre.

20 The proposal is to use the vacant Budget DIY unit for the sale of convenience and comparison goods. The applicant has indicated that the proposed net retail floorspace will be 2363sqm. Convenience retailing would be considered a main town centre use for the purposes of assessing the application against SPPS. Figure 6 proposed floor plan The SPPS states that a sequential test should be applied to planning applications for main town centre uses that are not in existing centre and are not in accordance with an up to date LDP. The SPPS requires planning authorities to consider applications for main town centre uses in the following order of preference; - Primary retail core - Town centres

21 - Edge of centre; and - Out of centre locations, only where sites are accessible by a choice of good public transport modes. The Derry Area Plan 2011 identifies a commercial core and a central area within Map 3.Whilst terminology used in the Plan differs from the terminology used in the SPPS it would be accepted that commercial core would equate with primary retail core and central area would equate with town centre. The site would therefore be considered as located within the town centre. As such to comply with the SPPS the sequential test as set out above should be applied. The applicant has submitted 2 supporting statements with the application dealing with the retail and economic benefits of the proposal. In the latest statement dated November 2015 the agent deals with the specific issues raised in the SPPS. In summary a case is presented that the sequential should not be applied in this case. The agent points out that the test is only required for town centre uses that are not in existing centres and are not in accordance with an up to date LDP. I have already concluded that the site is within the town centre and therefore I would agree with the analysis of the agent that the proposal is within an existing centre. The current LDP is the Derry Area Plan 2011 and whilst it is passed its notional end date it is still a material consideration. The DAP 2011 has identified that site as mixed use. Retailing would fall within the description of mixed use. As such it has been demonstrated that a sequential test will not be required in this case. The SPPS states that applications above 1000sqm outside the town centre would be required to undertake a full retail assessment. Therefore in this case there is no requirement for such a retail impact assessment to be carried out as the proposal is within the town centre. Therefore the application must be set against the regional strategic objectives as set out in SPPS. The proposal complies with the strategic objective of having a town centre first approach. The central area of Derry supports a diverse range of town centre uses in the Strand Road, including class 1 retail, bulky good retail, leisure, services and residential. The proposal will complement the existing uses and will serve to strengthen and secure the role of the central area. The site is located along a major arterial road into the city and is served well by public transport. The proposal would be broadly sustainable in that the site is well served by public transport, easily accessible from various location in and outside the city and it would accessible to various modes of travel including those travelling by foot, cycling or by car. The proposal will bring back into use a prominent vacant site within the city centre. The proposal is compliance with the aim of the SPPS to support and sustain vibrant centres across Northern Ireland through the promotion of established town centres as the appropriate first choice location of retailing.

22 Archaeology and Built Heritage There is an existing Listed Building in the form St Patrick s Church and walls to the north of the site. NIEA have been consulted and have advised that the proposal will have no adverse impact on this listing or its setting. Therefore proposal is in compliance with this aspect of the SPPS. Transportation The SPPS set out a number of policy objectives in relation to transport issue. They are as follows; The regional strategic objectives for transportation and land-use planning are to: - promote sustainable patterns of development which reduce the need for motorised transport, encourages active travel, and facilitate travel by public transport in preference to the private car; -ensure accessibility for all, with the needs of people with disabilities and others whose mobility is impaired given particular consideration;

23 -promote the provision of adequate facilities for cyclists in new development; - promote parking policies that will assist in reducing reliance on the private car and help tackle growing congestion; - protect routes required for new transport schemes including disused transport routes with potential for future reuse; - restrict the number of new accesses and control the level of use of existing accesses onto Protected Routes; and - promote road safety, in particular for pedestrians, cyclists and other vulnerable road users In assessing development proposals Planning Authorities must apply the Department s published guidance. In determining a development proposal likely to generate a significant volume of traffic, Planning Authorities should require the developer to submit a Transport Assessment so as to facilitate assessment of the transport impacts; this should include mitigation measures where appropriate. A Transport Assessment has been submitted in support of the application and although TNI advised that not all issues have been addressed, they were content that the remaining issues could be dealt with by conditions. (see consideration of TNI response). In assessing the appropriate amount of car parking, account should be taken of the specific characteristics of the development and its location, having regard to the Department s published standards and any reduction in standards provided for through a LDP or Transport Assessment. The standards have been applied and a reduced standard has been accepted in view of the policy objectives as set out above. Supporting Sustainable Economic Growth Paragraphs 4.18 to 4.22 of the SPPS set out the case that a modern, efficient and effective planning system is essential to supporting the Executive, and wider government policy. In its effort to promote long term economic growth in the interests of all of the people in this region. This section asks planning authorities to take a positive approach to appropriate economic development proposals. It also asks the authorities to encourage proposal that make an important contribution to sustainable economic growth when making decisions. The proposal has been described by the agent as a flagship store for the company in the north west. They highlighted that 30 jobs were lost when Budget closed down and that 60 jobs were lost when B&Q closed down. The agent claims that the proposal provide 100 jobs and represents an investment of 6 million by TJ Morris.

24 Having already considered the various policy and environmental issues and found them to be acceptable, it is considered that in this particular case appropriate weight should also be given to the economic case. Therefore in this case the economic case put forward by the applicant provides further to the overall conclusion that planning permission should be granted in this case. 11. 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 change of use and associated works.

25 Conditions 1. As required by Section 61 of the Planning Act (Northern Ireland) 2011, the development hereby permitted shall be begun before the expiration of 5 years from the date of this permission. Reason: Time Limit 2. The net retail floorspace for unit 1 hereby approved shall not exceed 2633 square metres. Reason: To control the scale of retailing so as not to prejudice the adequacy of the roads infrastructure and parking provision. 3. Of the net retail floorspace of unit 1 hereby approved, no more than 1579 square metres shall be used for the sale and display of convenience goods and no more than 1054 square metres shall be used for the sale and display of non-convenience goods. Convenience goods for this purpose are hereby defined as the sale of: (a) Food and drink including alcoholic drink. (b) Tobacco, newspapers, magazines and confectionery. (c) Stationery and paper goods. (d) Toilet requisites and cosmetics. (e) Household cleaning materials. (f) Other retail goods as may be determined in writing by the Department as generally falling within the category of convenience goods. Reason: To control the scale of retailing so as not to prejudice the adequacy of the roads infrastructure and parking provision. 4. No internal operations increasing the floorspace available for retail use, including the installation of mezzanine floors, shall be carried out without the prior consent of the Department. Reason: To control the scale of retailing so as not to prejudice the adequacy of the roads infrastructure and parking provision.

26 5. No works shall commence on the development hereby approved until the right turn pocket/lane arrangement from Strand Road to the site generally as indicated on drawing 07 dated 4 th March 2016 has been completed to the satisfaction of the Council in accordance with the details submitted. Reason: To ensure a proper safe and convenient means of access to the site is completed prior to construction works commencing on site. 6. No retailing or other operation in or from any building hereby permitted shall commence until hard surfaced areas have been constructed and marked out for 208 car parking spaces for this development. 180 of the spaces will be as per drawing 04 date stamped received 14 th May 2015 and an additional 28 spaces shall be provided in the area shaded green prior to the development coming into operation. The layout of the proposed additional 28 spaces shall be submitted to the Council and agreed in writing prior to the commencement of the development. Reason: To ensure that adequate provision has been made for parking and circulation within the site. 7. Construction work, which is audible at any noise sensitive property outside the site, shall only take place between the hours of hours on Monday to Friday, hours on Saturday with no such working on Sunday. Outwith these hours, work at the site shall be limited to emergency works, or construction work that is not audible at any noise sensitive property. Reason: To control noise levels from construction activity at noise sensitive locations. 8. Prior to the commencement of development the integrity of the above ground storage tank (and associated infrastructure) located at the northern corner of unit 1 should be assessed. If the tank or associated infrastructure has the potential to give rise is to pollution it shall be decommissioned. The tank and associated infrastructure must be decommissioned and removed in line with current Pollution Prevention Guidance (PPG2,PPG27) and the quality of surrounding soils should be verified. Reason: To protect human health and to bring the site into a state that represents an acceptable risk to end-users. 9. If during the development works, contamination is encountered which had not previously been identified, works should cease and the Planning Authority shall be notified immediately. This new contamination shall be fully investigated in accordance with CLR 11 Model Procedures for the Management of Land Contamination. In the event of unacceptable risks being identified, a remediation strategy shall be agreed with the Planning Authority in writing, and subsequently implemented and verified to its satisfaction. Reason: To protect human health and to bring the site into a state that represents an acceptable risk to end-users

27 10. After completing the works under conditions 8 and 9; and prior to the occupation of the development, a verification report needs to be submitted in writing and agreed with the Planning Authority. This report should be completed by competent persons in accordance with the Model Procedures for the Management of Land Contamination (CLR 11). The verification report should present all the remediation and monitoring works undertaken and demonstrate the effectiveness of works in managing all the risks and achieving remedial objectives. Reason: To protect human health and to bring the site into a state that represents an acceptable risk to end-users. 11. Subject to the above conditions, the development shall be carried out in accordance with the stamped approved drawing numbers 01, 02, 03, 04, 05 and 06 which were received on 14 th May 2015 and 07 which was received on the 4 th March Reason: To ensure a satisfactory form of development.