Remove 3 existing glazing panels and install an ATM through the. shop front left hand window pane. The original glazing panel will be

Transcription

1 Derry City and Strabane District Council Planning Committee Report COMMITTEE DATE: 6 th September 2017 APPLICATION No: APPLICATION TYPE: PROPOSAL: LA11/2015/0110/F Full Application Remove 3 existing glazing panels and install an ATM through the shop front left hand window pane. The original glazing panel will be replaced with a new black laminate infill panel incorporating the ATM fascia, the remaining glazed panels will be replaced with frosted glass. LOCATION: APPLICANT: AGENT: Castlebet Ltd, 113 Melmount Road, Sion Mills Cardtronics UK Ltd New Wave Installations ADVERTISEMENT: , STATUTORY EXPIRY: , RECOMMENDATION: REFUSE REASON FOR PRESENTATION TO COMMITTEE: Refusal recommended. Return to committee following site inspection carried out on 19 th July 2017 at members request. Site Visit attendees: Ald Hamilton, McClintock, Kerrigan, Bresland Cllrs Hastings, Boyle, Logue, Gardiner, Kelly, Jackson, McGuire Planning: S McCracken, R McMenamin All planning application forms, drawings, letters etc. relating to this planning application are available to view on

2 1. Description of Proposed Development Remove 3 existing glazing panels and install an ATM through the shop front left hand window pane. The original glazing panel will be replaced with a new black laminate infill panel incorporating the ATM fascia, the remaining glazed panels will be replaced with frosted glass. 2. EIA Determination The proposal is not EIA development. 3. Site and Surrounding Area The application site comprises a traditional two-storey building which is a constituent part and at the end of a short terrace of three commercial properties and is currently in use as a Bookmakers Office. The site is within the Settlement Development Limits of Sion Mills. The application site fronts onto the main A5 Melmount Road (Protected Route) which bisects Sion Mills. There is limited car-parking to the rear, a wide footpath to the front and a narrow access road to the side which serves The Hawthorns - a suburban cul-de-sac development dating back to the early 1990s.

3 Site Location Map Appendix 11

4 Appendix 11 Site Location Map Aerial View Site context: terrace of three commercial properties with application property outlined in red. The terrace has a traditional appearance and is predominantly commercial in terms of uses which includes a hairdressers and public house/off license. There is a modern standalone building on the opposite side of the access road which is in use as a furniture showroom. Further along to the north is a petrol filling station/convenience store and a

5 car sales forecourt. Indeed, commercial uses are prevalent and interspersed along this side of Melmount Road facing onto this protected route. 4. Site Constraints Protected Route 5. Neighbour Notification Report Date Neighbour Neighbour Address Notified 104A Melmount Road, 28/05/ Melmount Road, 109 Melmount Road 28/05/15 111A Melmount Road, 28/05/ Melmount Road, 113 Melmount Road, 115 Melmount Road, 28/05/15

6 117 Melmount Road, 28/05/15 3 The Hawthorns, 28/05/15 5 The Hawthorns, 6 The Hawthorns, 7 The Hawthorns, 28/05/15 6. Relevant Site History LA11/2015/0112/A - Installation of an illuminated green perspex sign to ATM fascia - Castlebet, 113 Melmount Road, Sion Mills Decision Pending. J/2014/0210/LDE Bookmakers Office James Patton Bookmakers, 113 Melmount Road, Sion Mills, Strabane BT82 9PY (Ground floor only) - Permitted Development 12/08/ Policy Framework Strabane Area Plan Strategic Planning Policy Statement for Northern Ireland Planning Policy Statement 3: Access, Movement and Parking 8. Consultee Responses Transport NI recommend refusal under Policy AMP 2 of PPS 3. The proposal is contrary to Planning Policy Statement 3, Access, Movement and Parking, Policy AMP 2, in that it

7 would, if permitted, prejudice the safety and convenience of road users since it would lead to vehicles parked on the highway at or near a road junction thus interfering with the free flow of traffic on the main road and the visibility of traffic entering or leaving the minor road. 9. Representations Five objections have been received, four from No.7 The Hawthorns and one from No.5 The Hawthorns. In summary the concerns raised centred on: Existing parking and traffic problems immediate to Castlebet Ltd. Access to and from the Hawthorns is regularly restricted due to inadequate parking facilities on the Melmount Road to satisfy demand for Castlebet and three other adjoining businesses. Drivers view of traffic on the Melmount Road is often badly hindered/denied due to vehicles parking illegally directly in front of Castlebet and the adjoining businesses. This problem would be compounded by drivers parking on the footpath to use an ATM. ATM service provision already exists within the village on the premises of the local SPAR outlet and Sion Mills Credit Union. Design and Access Statement not an accurate account of the current reality in relation to parking and traffic in this area. Queried neighbour notification, the other residents in the six other houses in the Hawthorns should receive an official letter informing them of this proposal, as they are equally affected. Only neighbours bounding the site are notified in accordance with the neighbour notification procedures. In respect of the access and parking concerns raised by the neighbours, these are addressed at paragraph 10 below. 10. Planning Assessment, including Other Material Considerations Section 6 (4) of the Planning (Northern Ireland) Act 2011, requires the Council to make planning decisions in accordance with the area plan for the council area unless material considerations indicate otherwise. The Strabane Area Plan applies in this case. The site is located within the development limits of Sion Mills. This proposal has therefore been assessed against the policy framework listed in paragraph 7 above and all other material considerations including consultation responses, representations and relevant planning history.

8 Strategic Planning Policy Statement for Northern Ireland The SPPS introduces transitional arrangements which will operate until the Council s Plan Strategy has been adopted. During this period Planning Authorities will apply existing policy (in this case PPS 3 - the retained policy) together with the SPPS. Any conflict between the SPPS and the retained policies must be resolved in favour of the SPPS. There is no conflict or change in policy direction between the provisions of the SPPS and those of PPS 3. PPS 3 therefore remains the applicable policy context under which to consider the proposed development. Visual Appearance The SPPS supports good design and positive place-making. This application is for the removal of 3 no. existing glazing panels and installation of an ATM through the shop front left hand window pane. The original glazing panel will be replaced with a new black laminate infill panel incorporating the ATM fascia, the remaining glazed panels will be replaced with frosted glass and has been accompanied by an application for Advertisement Consent (LA11/2015/0112/A). The initial application proposed the removal of 3 no. ground floor windows and insertion of the ATM. This proposal resulted in a very blank elevation with no fenestration. This was considered to be detrimental to the appearance of the application building and to the terrace of which it is a constituent part. Amendments to the proposed design were requested. The drawings now show the ATM sited at the end of the façade, with the two remaining windows finished in frosted glazing, which would be visually more subtle. In terms of design and visual impact, the proposal is acceptable, in light of the established business use of this property and of the terrace. This proposal would be in keeping with the commercial character of the area.

9 Existing elevation Proposed elevation PPS 3: Access, Movement and Parking Policy AMP 2 Access to Public Roads states Planning permission will only be granted for a development proposal involving direct access, or the intensification of the use of an existing access, onto a public road where:

10 a) Such an access will not prejudice road safety or significantly inconvenience the flow of traffic; and b) The proposal does not conflict with Policy AMP 3 Access to Protected Routes. The proposal has generated concerns from Transport Northern Ireland (TNI) and objections from the residents of Numbers 5 and 7 The Hawthorns in regard to how it might further impact on road safety, given the existing parking and congestion problems within the immediate area. The A5 Melmount Road is one of the five designated Key Transport Corridors in Northern Ireland as specified in the Regional Development Strategy (RDS) and Regional Strategic Transport Network (RSTN). This protected route carries approximately annual average daily traffic vehicles through Sion Mills. Any on-street parking will restrict traffic flow and progression as there is inadequate road width to provide two way traffic flows and a parking area within the carriageway running width. Carriageway Parking is not typical of the parking arrangements for the various buildings along Main Street in Sion Mills. The Hawthorns is a cul de sac serving 7 dwellings and a small car parking area to the rear of Melmount Road. Transport NI observed that as an established practice, vehicles are regularly parked on the footway/hard standing along the front of 113 Melmount Road and the adjoining buildings. The objections raised are fairly reflective of the existing situation. Vehicles when parked on the carriageway or footway/hard standing fronting 113 Melmount Road will restrict junction sightlines for motorists exiting the Hawthorns and hinder pedestrian movement along the footway. As stated in Table 25 of the amended P1 Form, the provision of the ATM will attract additional parking to the area in front of the proposed site exacerbating the existing situation. The provision of an ATM in close proximity to a junction on a Protected Route is not desirable particularly as there are three other cash dispensing facilities within Sion Mills Village. TNI consider that, by its very location, the ATM is located to attract business from passing traffic. Parking to use an ATM is for a very short term period, so customers tend to park as close as possible, which will result in temporary parking in front of the ATM, either on the carriageway impacting on sightlines from the adjacent junction, or on the footway restricting pedestrian movements.

11 11. Conclusion and Recommendation In summary, in respect of design and appearance the proposal is considered acceptable. There is an existing parking issue in this area, which this application cannot address. However, TNI considers that this proposal would lead to an intensification of the existing problem and recommend refusal. Having considered the proposal against the policy and all material considerations refusal is recommended. 12. Refusal Reason The proposal is contrary to Planning Policy Statement 3, Access, Movement and Parking, Policy AMP 2, in that it would, if permitted, prejudice the safety and convenience of road users since it would lead to vehicles parked on the highway at or near a road junction thus interfering with the free flow of traffic on the main road and the visibility of traffic entering or leaving the minor road.