PROPOSAL: Proposed 3, 4 and 5 storey residential development comprising 53 apartments

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1 Derry City and Strabane District Council Planning Committee Report COMMITTEE DATE: 18 th May 2016 APPLICATION No: APPLICATION TYPE: A/2007/0672/F Full Planning application PROPOSAL: Proposed 3, 4 and 5 storey residential development comprising 53 apartments LOCATION: APPLICANT: AGENT: 4 Foyle Road, Londonderry Maxol Limited Gregory Architects ADVERTISEMENT: STATUTORY EXPIRY: RECOMMENDATION: Approval REASON FOR PRESENTATION TO COMMITTEE: Housing development over 5 units. All planning application forms, drawings, letters etc. relating to this planning application are available to view on 1. Description of Proposed Development The application is for a total of 53 apartments, on lands at 4 Foyle Road (also known as 4 Letterkenny Road). The application was originally submitted for a total of 60 apartments but the scheme was amended and reduced during the processing of the application. The apartments take the form of 3 blocks. Block A fronts on to Foyle Road and is 4 storey in height; block B is 3 to 4 storey in height and fronts on to the open space within the site and block C is 4 storey in height but steps up to 5 storey in height and fronts on to the River Foyle. During the processing of the application, the following reports were submitted in support of the application; Drainage Assessment; Generic Quantitative Risk Assessment and Construction Environmental Management Plan.

2 2. Environmental Assessment The site does not fall within Schedule 2 of the EIA Regulations as it is less than 0.5 ha and it is not located within a Sensitive Site ; therefore an EIA determination is not required. However, an appropriate assessment has been undertaken under the Habitats Regulations to assess the potential impact of this proposal on Special Protection Areas, Special Areas of Conservation and Ramsar sites in accordance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats etc) Regulations (Northern Ireland) 1995 (as amended). It was concluded that the proposal would not be likely to have a significant effect on the features of any European site. 3. Site and Surrounding Area Site Location Plan The proposed site is approx ha located on Whiteland as defined in the Derry Area Plan The site is currently occupied by a service station and accessed from Foyle Road. The existing shop on the site known locally as Foyle/Longs Farm Shop, is a single storey flat roof building orientated gable on to Foyle Road. There are a number of large storage containers on the site and an existing canopy over what would have once been petrol pumps. The rear of the existing curtilage of the Farm Shop is

3 defined by a 2m wall, though the proposed site extends beyond the curtilage of the shop. Beyond the wall is a portion of undeveloped land with some shrub vegetation. The rear boundary of the application site is defined by mesh wire fencing, the boundary runs along an existing path which provides access to the existing playing pitches which are located between the site and the River Foyle. Photographs of application site

4 Immediately adjacent to the site and to the east is an existing sewage pumping station known as Coshowen pumping station. A pedestrian/cycle path runs between the pumping station and an existing two storey development Coshowen. This path leads to the rear of the application site and accesses existing playing pitches and a riverside path which separate the site from the River Foyle. Photograph showing pumping station and pedestrian and cycle path leading to the riverside walk and playing pitches. Opposite the site is a two storey red brick terrace housing development known as Glendara, and an existing development of single storey terrace bungalows known as Glenanne. To the west of and immediately adjacent to the site at 6 Letterkenny Road is a 3 storey block of flats/apartments, and further west is another 3-4 storey red brick apartment development known as Old City Court. The area is characterised by predominantly housing and apartment developments and open space between the developments and the River Foyle.

5 Apartment development adjacent to the site at 6 Letterkenny Road. Apartment development Old City Court 4. Site Constraints There are no relevant site constraints on the application site. 5. Neighbour Notification Report All relevant neighbours have been notified on the application.

6 Reference Number Neighbour Address Date Neighbour Notified 1 A/2007/0672/F 10&14,Glendara,Londonderry,Londonderry,BT48 6LF 4/8/16 2 A/2007/0672/F 3 Glenanne,Ballymagowan,Londonderry,BT48 6LE 4/8/16 3 A/2007/0672/F 1 Glenanne,Ballymagowan,Derry,BT48 6LE 4/8/16 4 A/2007/0672/F 19&20,Coshowen,Londonderry,Londonderry,BT48 6XL 4/8/16 5 A/2007/0672/F 10 Glenanne,Ballymagowan,Derry,BT48 6LE 4/8/16 6 A/2007/0672/F 7 Glenanne,Ballymagowan,Londonderry,BT48 6LE 4/8/16 7 A/2007/0672/F 8 Glenanne,Ballymagowan,Derry,BT48 6LE 4/8/16 8 A/2007/0672/F 6 Glenanne,Ballymagowan,Londonderry,BT48 6LE 4/8/16 9 A/2007/0672/F 5 Glenanne,Ballymagowan,Derry,BT48 6LE 4/8/16 10 A/2007/0672/F 4 Glenanne,Ballymagowan,Derry,BT48 6LE 4/8/16 11 A/2007/0672/F 2 Glenanne,Ballymagowan,Derry,BT48 6LE 4/8/16 12 A/2007/0672/F 38 Glendara,Ballymagowan,Derry,BT48 6LF 4/8/16 13 A/2007/0672/F 14 A/2007/0672/F 15 A/2007/0672/F 16 A/2007/0672/F 17 A/2007/0672/F 18 A/2007/0672/F 19 A/2007/0672/F 20 A/2007/0672/F 21 A/2007/0672/F 22 A/2007/0672/F 23 A/2007/0672/F 24 A/2007/0672/F 25 A/2007/0672/F 26 A/2007/0672/F 27 A/2007/0672/F 28 A/2007/0672/F 29 A/2007/0672/F 30 A/2007/0672/F 36 Glendara,Ballymagowan,Londonderry,BT48 6LF 4/8/16 34 Glendara,Ballymagowan,Londonderry,BT48 6LF 4/8/16 28&32,Glendara,Ballymagowan,Londonderry,BT4 8 6LF 4/8/16 26&30,Glendara,Ballymagowan,Londonderry,BT4 8 6LF 4/8/16 20&24,Glendara,Ballymagowan,Londonderry,BT4 8 6LF 4/8/16 18&22,Glendara,Londonderry,Londonderry,BT48 6LF 4/8/16 12&16,Glendara,Londonderry,Londonderry,BT48 6LF 4/8/16 33&34,Coshowen,Ballymagowan,Londonderry,BT 48 6XL 4/8/16 31&32,Coshowen,Ballymagowan,Londonderry,BT 48 6XL 4/8/16 4&8,Glendara,Londonderry,Londonderry,BT48 6LF 4/8/16 35&36,Coshowen,Londonderry,Londonderry,BT48 6XL 4/8/16 2&6,Glendara,Londonderry,Londonderry,BT48 6LF 4/8/16 37&38,Coshowen,Londonderry,Londonderry,BT48 6XL 4/8/16 39&40,Coshowen,Londonderry,Londonderry,BT48 6XL 4/8/16 41&42,Coshowen,Londonderry,Londonderry,BT48 6XL 4/8/16 29&30,Coshowen,Londonderry,Londonderry,BT48 6XL 4/8/16 43&44,Coshowen,Londonderry,Londonderry,BT48 6XL 4/8/16 27&28,Coshowen,Londonderry,Londonderry,BT48 6XL 4/8/16

7 31 A/2007/0672/F 32 A/2007/0672/F 33 A/2007/0672/F 34 A/2007/0672/F 45&46,Coshowen,Londonderry,Londonderry,BT48 6XL 4/8/16 23&24,Coshowen,Londonderry,Londonderry,BT48 6XL 4/8/16 25&26,Coshowen,Londonderry,Londonderry,BT48 6XL 4/8/16 21&22,Coshowen,Londonderry,Londonderry,BT48 6XL 4/8/16 35 A/2007/0672/F 11 Glenanne,Ballymagowan,Derry,BT48 6LE 4/8/16 36 A/2007/0672/F 12 Glenanne,Ballymagowan,Derry,BT48 6LE 4/8/16 37 A/2007/0672/F 9 Glenanne,Ballymagowan,Derry,BT48 6LE 4/8/16 38 A/2007/0672/F 4 Letterkenny Road,Ballymagowan,Londonderry,BT 4/8/16 39 A/2007/0672/F 3 Glenanne,Derry,BT48 6LE 4/8/16 40 A/2007/0672/F 10 Gleanne,Derry,BT48 6LE 4/8/16 41 A/2007/0672/F 8 Glenanne,Derry,BT48 6LE 4/8/16 42 A/2007/0672/F 43 A/2007/0672/F 44 A/2007/0672/F 45 A/2007/0672/F 46 A/2007/0672/F 47 A/2007/0672/F 48 A/2007/0672/F 49 A/2007/0672/F 50 A/2007/0672/F 51 A/2007/0672/F 52 A/2007/0672/F 53 A/2007/0672/F 54 A/2007/0672/F 55 A/2007/0672/F 4, Letterkenny Road, Londonderry, Londonderry, Northern Ireland, BT48 9XG 4/8/16 Flat 1a,6 Letterkenny Flat 2a,6 Letterkenny Flat 3a,6 Letterkenny Flat 4a,6 Letterkenny Flat 5a,6 Letterkenny Flat 6a,6 Letterkenny Flat 1b,6 Letterkenny Flat 2b,6 Letterkenny Flat 3b,6 Letterkenny Flat 4b,6 Letterkenny Flat 5b,6 Letterkenny Flat 6b,6 Letterkenny Flat 1c,6 Letterkenny

8 56 A/2007/0672/F 57 A/2007/0672/F 58 A/2007/0672/F 59 A/2007/0672/F 60 A/2007/0672/F 61 A/2007/0672/F 62 A/2007/0672/F 63 A/2007/0672/F Flat 2c,6 Letterkenny Flat 3c,6 Letterkenny Flat 4c,6 Letterkenny Flat 5c,6 Letterkenny Flat 6c,6 Letterkenny Flat 7c,6 Letterkenny Flat 7a,6 Letterkenny Flat 7b,6 Letterkenny 6. Relevant Site History There is no relevant planning history on the application site. 7. Policy Framework RDS SFG7 Strengthen the role of Londonderry as the Principal City of the North West; meeting the housing needs of the area. Policy RG8: Manage housing growth to achieve sustainable patterns of residential development. Derry Area Plan - The site is located on Whiteland as defined in the Derry Area Plan; which is suitable for a variety of uses depending on the sites context. Policy BE1 Urban Design requires 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. Policy H1 Housing Design and Layout requires a high standard of Design and Layout in all new housing developments.

9 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 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 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 requires the submission of a Design Concept Statement demonstrating how the scheme will meet these criteria. Addendum to PPS 7 Safeguarding the Character of Established Residential Areas sets out additional planning policies on the protection of local character, environmental quality and residential amenity within established areas, villages and smaller settlements. 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. 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

10 River Agency The site is located outside the floodplain of the River Foyle, and Rivers Agency holds no records of historic flooding affecting the site. Due to the size and nature of the development and potential risk from surface water flooding, a Drainage Assessment was required. The applicant produced a Flood and Drainage Risk Assessment which is considered appropriate to the scale and nature of the proposed development and the risks involved. Rivers Agency accepts its logic and has no reason to disagree with the conclusions. The applicant will need to requisition NI Water to provide a suitable storm outfall. This is a matter for the applicant and NI Water. NIEA Water Management Unit has considered the impacts of the proposal on the surface water environment and on the basis of the information provided is content with the proposal subject to informatives. NI Water - Public water supply and foul sewers are located within 20m of the proposal; no surface water sewer located within 20m of the proposal. The applicant is required to apply to NIW to requisition a surface water sewer to serve the proposal. Waste water treatment facilities are presently available at Culmore WwTW to serve the proposal. Standard informatives provided. Transport NI has no objections to the proposal; adequate access arrangements and parking have been provided and Transport NI have provided conditions relating to the access and visibility splays. See later section in this report. Environmental Health has considered the Construction Environmental Management Plan, a Generic Quantitative Risk Assessment and Preliminary Risk Assessment submitted in support of this application, and is satisfied that the unacceptable risks of contamination identified will be managed by the remedial measures proposed and would support the inclusion of conditions and informatives. See conditions section later in this report. Shared Environmental Services The potential impact of this proposal on Special Protection Areas, Special Areas of Conservation and Ramsar sites has been assessed in accordance with the requirements of Regulation 43 (1) of the Conservation (Natural Habitats etc) Regulations (Northern Ireland) 1995 (as amended). The proposal would not be likely to have a significant effect on the features of any European site. NIEA Waste Management An updated quantitative risk assessment report has been provided in support of the application. The report includes detailed Quantitative Risk Assessment and a Remedial Strategy for the development. Waste Management Land and Groundwater Team are satisfied that the unacceptable risks identified will be managed by the remedial measures proposed and have no objections to the development subject to conditions. See conditions section later in this report.

11 9. Representations One recent representation has been received on the application from the leaseholder of the Maxol Service Station (4 Letterkenny Road) which is the existing premises located on the site. The issues raised relate to the loss of the service station from the community; family run farm shop / convenience store serving the local area, employ up to 10 people, with disabled access and parking. The business has up to 2,000 customers per day. Taking the service away from the community would have a devastating effect in the area. A total of 16 objections were initially received on the application back in July These were received from properties in Glenanne and Glendara and all raised similar issues, including; the proposed development would have a detrimental effect on the area; anti-social behaviour; litter; noise and increased traffic; not designed for families, does not ease housing needs of the area. Consideration of representations 16 objections were received on the initial proposal which was for a considerably different development proposal in appearance. However, the issues raised have also been considered as part of the amended scheme, and all neighbours have been re-consulted. It is important to note that no further objections from the 16 residents have been received on the amended proposal to-date, only 1 further objection from the occupier of the site. However, Planning Officials would make the following comments in relation to the scheme now proposed: The provision of the units will ease the housing need in the area with apartments fitting in with the existing tenure offered in the immediate area of the site, which has two three storey apartment blocks adjacent to the site. This is an area which has been identified as being in need of social housing units. In terms of anti-social behaviour, this would be a policing issue; however the design and orientation of the blocks proposed are designed in such a way as to deter crime and provide supervision. The increased traffic has been dealt with by Transport NI who are satisfied with the access arrangements and the parking provision, and the proposal meets the requirements of PPS 3. Any noise presumably generated by new residents would be controlled by separate legislation under the remit of Environmental Health. Any construction noise, whilst inconvenient, would be in the short term.

12 The recent objection refers to the loss of local amenity by replacing the shop with the apartments. The site is defined as white land under the Area Plan and is not zoned for a commercial use, therefore the principal of the use of the site changing to housing is acceptable, and the use as housing also fits and is appropriate with the predominate use of the area. It should also be noted that the site is within a short distance to the city s existing commercial core. Planning officials would consider that all objections have been fully considered. 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 2011, 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; Addendum to PPS 7 Safeguarding the Character of Established Residential Areas; PPS 3 Access Movement and Parking, and supplementary guidance in Creating Places, as well as consultation responses and the representations received. The Strategic Planning Policy Statement for NI (SPPS) The SPPS supports and strengthens PPS 7 in that 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. Derry Area Plan 2011 The application site is located on unzoned white land as shown in the Derry Area Plan. Development proposals will therefore be considered on locational merits in accordance with planning guidelines and policy. Planning Policy Statement 15 Planning and Flood Risk

13 The proposal meets the requirement of PPS 15 policy FLD 3, with a Drainage Assessment being submitted during the processing of the application. Rivers Agency has advised that the applicant will need to requisition NI Water to provide a suitable storm outfall; this is a matter for the applicant and NI Water. Planning Policy Statement 3 Access Movement and Parking The proposal complies with PPS 3 as it has been demonstrated that adequate parking for the site has been provided. The majority of parking is provided in a basement level car park under apartment block C, with a total of 74 parking spaces provided at basement level. A further additional 16 spaces are provided within the site. Negotiations between the agent and Transport NI have taken place and the development will remain private and will not be adopted by Transport NI. Conditions have been provided relating to the access and visibility splays into the site. See conditions in later section in this report. PPS 7 Quality Residential Environments: 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) In terms of the site s character, the site is located within an established residential area, with an existing 3 storey apartment development at 6 Letterkenny Road located immediately west of and adjacent to the site. To the east is an existing residential development, Coshowen, which comprises of two storey terrace dwellings, but which are separated from the site by an existing pumping station. The curtilage of the site extends beyond that of the existing farm shop/service station and includes additional land covered by some shrub vegetation. The sites boundary adjoins on to existing playing pitches which separate the site from the River Foyle. The layout, scale and massing of buildings are appropriate to the character and topography of the site. The proposed 53 units take the form of three residential blocks of development. Block A fronts onto Foyle Road and is 4 storey in height; block B is orientated so that it backs on to the existing pumping station and is 3-4 storey in height; block C is dual frontage and fronts on to both the internal road and on to the River Foyle, it is 4 storey in height and steps up to 5 storey. The scale and massing of the three apartment blocks have been carefully considered and in the context of the nearby existing residential apartment units, the separation distance from the dwellings across the road at Glenanne and Glendara, and the separation distance between the development at Coshowen and the site, the proposal is considered appropriate to the site.

14 Site layout plan b) There are no features of archaeological and built heritage identified on the site. c) This application is for 53 apartments and therefore communal open space is required for this development. This takes the form of communal grassed and two paved areas with seating located within the site. There is a smaller area of communal open space looking onto the River Foyle and will have a gated access for residents only. In addition the car park will be informally laid out with the only delineation being the connecting pavement slabs between the access doors at the ground floor apartments and the open space. When the car park is empty this will provide an additional piece of active open space that will also have a greater visual quality than a traditional tarmacked car park. In terms of private amenity space, apartment block C has a timber decking area at ground floor level which provides those apartments with their own private amenity space at ground floor level. Private amenity space has also been provided at ground floor level of block A with these units having a private garden which fronts onto Foyle Road. Some upper level units on all three apartment blocks have been provided with access to a private terrace/balcony. A landscaping scheme has been provided for the site which will soften the visual impact of the development and assist in its integration with the surrounding area.

15 Given the proximity to the existing playing fields adjacent to the site, the proposal therefore meets the standards and guidance of Creating Places in terms of private amenity space for the apartments and PPS 8 in terms of the provision of communal open space, and landscaping for the site. Landscaping and boundary treatment plan d) Local neighbourhood facilities are not required due to the scale of the scheme; however the site is located within the development limits of the City and close to the City Centre and local shopping and neighbourhood facilities on Bishop Street.

16 e) A movement pattern has been established for the development with provision made for a new vehicular access into the site and footways to serve the development. These will connect to the existing Foyle Road and allow for access to the existing open space (playing pitches), and the pedestrian footpath network to the south of the site. The vehicular access will be at the northwest corner of the site and will allow for refuse vehicles to enter and exit the site in forward gear. The pedestrian is catered for by a gated pedestrian access at Foyle Road, this will allow people to move from the Foyle Road to the open space/playing pitches beyond the site and link up with an existing walkway which traverses the southern boundary of the site. Between the two access points, there would be opportunities to access the ground floor of the three apartment blocks, the underground car park and the raised passive open space between blocks B and C, all of which adds to a pedestrian movement pattern that has the ability to knit the development into the urban fabric of the immediate area. Photograph taken from existing playing pitches at the rear of the site, showing existing path to the southern boundary of the site which will link into a new proposed pedestrian path through the development f) Adequate provision has been made for parking within the development with in-curtilage parking provided for the apartment blocks, both at ground floor level and provision of an underground semi-basement parking level in block C. Transport NI have no concerns relating to the parking provision which meets the requirements of PPS 3 and the published Parking Standards.

17 g) In terms of form, materials and detailing, Planning officials would make the following comments; Form - The built form takes the idea of three visually interlinked yet physically separate blocks that both frame the Foyle Road and present a frontage onto the existing playing pitches to the south. Block B sits at an angle to the other two blocks which provides a supervised area that frames the internal courtyard, the car parking area and the pedestrian walkway that links the road to the playing pitches/walkway. Within the immediate area there are two large apartment blocks west of the site which would not be considered as high a quality as the current scheme, but are very much of their time. This development is a more considered and thought out approach to how the blocks work with each other and the surrounding area. Materials - The proposed materials take some cues from the surrounding area but have introduced a new palate which should complement but also modernise the visual aspect of the street scene, which is currently dominated by red brick or dashed render. The materials proposed are render to the main mass of the exterior walls; this is punctuated by small horizontal bandings of red cedar cladding and capped with a flat roof composed of grey powder coated aluminium. Prominent parts of the front elevations which project will have metal panelling of a grey metallic finish. The balcony areas will have glass balustrades. Detailing - The design is a very modern contemporary take on apartment design. It takes the form of three blocks that are visually linked. The height ranges from three to four storey with one element of Block C sitting at 5 storeys to accentuate the play of roof heights that are a common theme throughout the design. This has the effect of lessening the large mass of what would otherwise be an imposing frontage. A further method of alleviating the mass and creating an interest in the design is breaking up the frontages in both vertical and horizontal means. This is achieved by a mix of materials and bringing forward and stepping back various components of the elevational treatments.

18 Apartment Block A fronting on to Foyle Road Apartment Block B Elevations

19 Apartment Block C elevation fronting on to the existing playing pitches south of the site h) The Design and layout will not conflict with adjacent land uses and there will be no unacceptable adverse effect on existing or proposed properties in terms of overlooking, loss of light, overshadowing, noise or other disturbance. Separation distances between the existing developments, orientation of buildings and massing of the proposed buildings has been carefully considered to ensure that there will be no adverse impact on existing residential amenity. In terms of separation, there is adequate distance to the neighbouring housing development to the east at Coshowen, which includes a pathway, existing pumping station and open space. To the west there is an adjacent three storey apartment building and a vacant commercial plot previously known as The old city dairy site. With regards to noise and other disturbance, Environmental Health have no objections to the proposal. It is inevitable that there will be some noise during the construction phases of the development, however the developer is advised by way of an informative that the applicant should ensure adequate steps are taken during construction to control noise and dust. i) The development is designed to deter crime and promote personal safety to and from the site as pedestrians access/exit the site. This has been demonstrated in the orientation of the apartment blocks which has provided three and four storey elevations onto all the open spaces, inside and outside of the development. The window orientation of block B provides direct supervision onto

20 the proposed pedestrian link which leads to the existing playing pitches south of the site. There is also increased supervision on the existing pedestrian network with frontages provided along Foyle Road; and also on the rear elevation of block C which provides supervision to the existing playing pitches and walkway south of the site. In addition, there are also a number of ground floor accesses to all the major elevations that should effectively cover any potential blind spots within the development. Addendum to PPS 7 - Policy LC1 Protecting Local Character, Environmental Quality and Residential Amenity. In established residential areas, all of the criteria a-c are expected to be met; a) The proposed density is not significantly higher than that found in the established residential area as there are two existing apartment/flat developments located to the west of the application site. Whilst there are existing residential dwellings within the established area at Glenanne, Glendara and Coshowen, this proposed apartment development in terms of its form, scale, massing and layout respects that of the adjacent housing developments given the separation distances to the existing dwellings. b) The pattern of development is in keeping with the overall character and environmental quality of the established residential area. The form, layout and positioning of the apartment blocks on the site respect the overall character of the area and take into account proximity to neighbouring residential dwellings c) The proposed apartment sizes are within the recommended guidelines; the average size of a 2 bedroom apartment ranges between 64 and 89 m2 which is well within the recommended guidelines. Conclusion and Recommendation The proposal is considered acceptable in that it is in accordance with the Derry Area Plan 2011 and other material considerations; specifically, the proposal meets the criteria of QD1 of PPS 7 and LC1 of the addendum to PPS 7 in that it has been demonstrated a quality residential environment can be achieved. Open space has been provided both in the form of communal and private open space for

21 the future occupants; provision of parking and access in accordance with PPS 3, sewerage and land drainage in accordance with PPS 15; all of which are supported through the SPPS for NI. Other material considerations have also been taken into account, including the representations received, but overall the considerations support an approval of the application. It is therefore recommended that the Council s Planning Committee approve planning application A/2007/0672/F for the proposed development subject to conditions set out below; 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 development hereby permitted shall not be occupied until the remediation measures as described in the remediation strategy submitted in WYG s Updated Generic Quantitative Risk Assessment, Detailed Quantitative Risk Assessment and Remedial Strategy report, dated 12th January 2016; and in the WYG letter dated 18 th April 2016; have been implemented to the satisfaction of the Planning Authority. The Planning Authority must be given 2 weeks written notification prior to the commencement of remediation work. Reason: Protection of human health and environmental receptors to ensure the site is suitable for use. 3. If during the development works, new contamination or risks are encountered which have not previously been identified, works should cease and the Planning Authority shall be notified immediately. This new contamination shall be fully investigated in accordance with the Model Procedures for the Management of Land Contamination (CLR11). 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.

22 Reason: Protection of human health and environmental receptors to ensure the site is suitable for use. 4. After completing the remediation works under Conditions 1 and 2; and prior to occupation of any units on this development, a verification report needs to be submitted in writing and agreed with Planning 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 should present all the remediation and monitoring works undertaken and demonstrate the effectiveness of the works in managing all the risks and achieving the remedial objectives. Reason: Protection of human health and environmental receptors to ensure the site is suitable for use. 5. Evidence must be presented in the Verification Report that all fuel storage tanks (and associated infra-structure) have been fully decommissioned and removed in line with current Pollution Prevention Guidance (PPG2, PPG27) and the quality of surrounding soils and groundwater has been verified. Should contamination be identified during this process, Condition 2 will apply. Reason: Protection of human health and environmental receptors to ensure the site is suitable for use. 6. No development or piling work should commence on this site until a piling risk assessment has been submitted in writing and agreed with the Planning Authority. Piling risk assessments should be undertaken in accordance with the methodology contained within the Environment Agency document on Piling and Penetrative Ground Improvement Methods on Land Affected by Contamination: Guidance on Pollution Prevention. Reason: Protection of human health and environmental receptors to ensure the site is suitable for use. 7. During the first available planting season after the occupation of any unit hereby approved, or as otherwise agreed in writing with the Council, the landscaping (other than boundary treatments) shall be carried out in accordance with the Planting Plan (Drawing No. 11) received by the Council on 03 May 2016.

23 Reason: In the interest of visual and residential amenity. 8. The boundary treatments for the site as identified on Drawing no 11 dated 03 May 2016, shall be completed prior to the occupation of any individual unit hereby approved. Reason: To secure a quality residential environment 9. 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. 10. The vehicular access, including visibility splays, shall be provided in accordance with Drawing No. 02 rev 08 bearing the date stamp 21 December 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. 11. 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

24 convenience of road user. 12. No dwelling shall be occupied until hard surfaced areas have been constructed in accordance with the approved drawings to provide adequate facilities for parking and circulating within the site. No part of these hard surfaced areas shall be used for any purpose at any time other than for the parking and movement of vehicles. Reason: To ensure that adequate provision has been made for parking.